II

104TH CONGRESS

2D SESSION H.R. 4278

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 30, 1996

Received

AN ACT

Making omnibus consolidated appropriations for the fiscal

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

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

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1 DIVISION A

2 That the following sums are appropriated, out of any

3 money in the Treasury not otherwise appropriated, for the

4 several departments, agencies, corporations and other or5 ganizational units of the Government for the fiscal year

6 1997, and for other purposes, namely:

7 TITLE I—OMNIBUS APPROPRIATIONS

8 Sec. 101(a) For programs, projects or activities in

9 the Departments of Commerce, Justice, and State, the

10 Judiciary, and Related Agencies Appropriations Act,

11 1997, provided as follows, to be effective as if it had been

12 enacted into law as the regular appropriations Act:

13 AN ACT

14 Making appropriations for the Departments of

15 Commerce, Justice, and State, the Judiciary, and related

16 agencies for the fiscal year ending September 30, 1997,

17 and for other purposes.

18 TITLE I—DEPARTMENT OF JUSTICE

19 GENERAL ADMINISTRATION

20 SALARIES AND EXPENSES

21 For expenses necessary for the administration of

22 the Department of Justice, $75,773,000; of which not to

23 exceed $3,317,000 is for the Facilities Program 2000, to

24 remain available until expended: Provided, That not to

25 exceed 43 permanent positions and 44 full-time equiva-
3

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1 lent workyears and $7,477,000 shall be expended for the

2 Department Leadership Program exclusive of augmenta3 tion that occurred in these offices in fiscal year 1996:

4 Provided further, That not to exceed 41 permanent posi5 tions and 48 full-time equivalent workyears and

6 $4,660,000 shall be expended for the Offices of Legisla7 tive Affairs and Public Affairs: Provided further, That the

8 latter two aforementioned offices shall not be augmented

9 by personnel details, temporary transfers of personnel on

10 either a reimbursable or non-reimbursable basis or any

11 other type of formal or informal transfer or reimburse12 ment of personnel or funds on either a temporary or

13 long-term basis.

14 For an additional amount, for enhancements for

15 the Office of Intelligence Policy and Review and security

16 measures, $3,600,000; of which $2,170,000 is for secu17 rity enhancements: Provided, That the entire amount is

18 designated by Congress as an emergency requirement

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

20 Budget and Emergency Deficit Control Act of 1985, as

21 amended.

22 COUNTERTERRORISM FUND

23 For necessary expenses, as determined by the At24 torney General, $9,450,000, to remain available until ex25 pended, to reimburse any Department of Justice organi26 zation for (1) the costs incurred in reestablishing the
4

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1 operational capability of an office or facility which has

2 been damaged or destroyed as a result of the bombing of

3 the Alfred P. Murrah Federal Building in Oklahoma City

4 or any domestic or international terrorist incident, (2)

5 the costs of providing support to counter, investigate or

6 prosecute domestic or international terrorism, including

7 payment of rewards in connection with these activities,

8 and (3) the costs of conducting a terrorism threat assess9 ment of Federal agencies and their facilities: Provided,

10 That funds provided under this heading shall be available

11 only after the Attorney General notifies the Committees

12 on Appropriations of the House of Representatives and

13 the Senate in accordance with section 605 of this Act.

14 For an additional amount for necessary expenses,

15 as determined by the Attorney General, $20,000,000, to

16 remain available until expended, to reimburse any De17 partment of Justice organization for (1) the costs in18 curred in reestablishing the operational capability of an

19 office or facility which has been damaged or destroyed as

20 a result of any domestic or international terrorist inci21 dent, or (2) the costs of providing support to counter, in22 vestigate or prosecute domestic or international terror23 ism, including payment of rewards in connection with

24 these activities: Provided, That the entire amount is des25 ignated by Congress as an emergency requirement pursu-
5

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1 ant to section 251(b)(2)(D)(i) of the Balanced Budget

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

3 ADMINISTRATIVE REVIEW AND APPEALS

4 For expenses necessary for the administration of

5 pardon and clemency petitions and immigration related

6 activities, $62,000,000.

7 For an additional amount for security measures

8 for the Executive Office of Immigration Review,

9 $1,000,000: Provided, That the entire amount is des10 ignated by Congress as an emergency requirement pursu11 ant to section 251(b)(2)(D)(i) of the Balanced Budget,

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

13 VIOLENT CRIME REDUCTION PROGRAMS, ADMINISTRATIVE

14 REVIEW AND APPEALS

15 For activities authorized by section 130005 of the

16 Violent Crime Control and Law Enforcement Act of 1994

17 (Public Law 103–322), as amended, $48,000,000, to re18 main available until expended, which shall be derived

19 from the Violent Crime Reduction Trust Fund.

20 OFFICE OF INSPECTOR GENERAL

21 For necessary expenses of the Office of Inspector

22 General in carrying out the provisions of the Inspector

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

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

25 a confidential character, to be expended under the direc26 tion of, and to be accounted for solely under the certifi-
6

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1 cate of, the Attorney General; and for the acquisition,

2 lease, maintenance, and operation of motor vehicles, with3 out regard to the general purchase price limitation for

4 the current fiscal year.

5 UNITED STATES PAROLE COMMISSION

6 SALARIES AND EXPENSES

7 For necessary expenses of the United States Pa8 role Commission as authorized by law, $4,845,000.

9 LEGAL ACTIVITIES

10 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

11 For expenses, necessary for the legal activities of

12 the Department of Justice, not otherwise provided for,

13 including not to exceed $20,000 for expenses of collecting

14 evidence, to be expended under the direction of, and to

15 be accounted for solely under the certificate of, the Attor16 ney General; and rent of private or Government-owned

17 space in the District of Columbia; $420,793,000; of

18 which not to exceed $10,000,000 for litigation support

19 contracts shall remain available until expended: Provided,

20 That of the funds available in this appropriation, not to

21 exceed $17,525,000 shall remain available until expended

22 for office automation systems for the legal divisions cov23 ered by this appropriation, and for the United States At24 torneys, the Antitrust Division, and offices funded

25 through ‘‘Salaries and Expenses’’, General Administra-
7

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1 tion: Provided further, That of the total amount appro2 priated, not to exceed $1,000 shall be available to the

3 United States National Central Bureau, INTERPOL, for

4 official reception and representation expenses: Provided

5 further, That notwithstanding 31 U.S.C. 1342, the Attor6 ney General may accept on behalf of the United States,

7 and credit to this appropriation, gifts of money, personal

8 property and services, for the purposes of hosting the

9 International Criminal Police Organization’s

10 (INTERPOL) American Regional Conference in the

11 United States during fiscal year 1997: Provided further,

12 That not to exceed 8 permanent positions and 10 full13 time equivalent workyears and $987,000 shall be ex14 pended for the Office of Legislative Affairs and Public

15 Affairs: Provided further, That the latter two aforemen16 tioned offices shall not be augmented by personnel de17 tails, temporary transfers of personnel on either a reim18 bursable or nonreimbursable basis or any other type of

19 formal or informal transfer or reimbursement of person20 nel or funds on either a temporary or long-term basis.

21 In addition, for reimbursement of expenses of the

22 Department of Justice associated with processing cases

23 under the National Childhood Vaccine Injury Act of 1986

24 as amended, not to exceed $4,028,000, to be appro-
8

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1 priated from the Vaccine Injury Compensation Trust

2 Fund.

3 For an additional amount for expenses of the

4 Criminal Division relating to terrorism, $1,719,000: Pro5 vided, That the entire amount 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 VIOLENT CRIME REDUCTION PROGRAMS, GENERAL LEGAL

10 ACTIVITIES

11 For the expeditious deportation of denied asylum

12 applicants, as authorized by section 130005 of the Vio13 lent Crime Control and Law Enforcement Act of 1994

14 (Public Law 103–322), as amended, $7,750,000, to re15 main available until expended, which shall be derived

16 from the Violent Crime Reduction Trust Fund.

17 SALARIES AND EXPENSES, ANTITRUST DIVISION

18 For expenses necessary for the enforcement of

19 antitrust and kindred laws, $76,447,000: Provided, That

20 notwithstanding any other provision of law, not to exceed

21 $58,905,000 of offsetting collections derived from fees

22 collected for premerger notification filings under the

23 Hart-Scott-Rodino Antitrust Improvements Act of 1976

24 (15 U.S.C. 18(a)) shall be retained and used for nec25 essary expenses in this appropriation, and shall remain

26 available until expended: Provided further, That the sum
9

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1 herein appropriated from the General Fund shall be re2 duced as such offsetting collections are received during

3 fiscal year 1997, so as to result in a final fiscal year

4 1997 appropriation from the General Fund estimated at

5 not more than $17,542,000: Provided further, That any

6 fees received in excess of $58,905,000 in fiscal year

7 1997, shall remain available until expended, but shall not

8 be available for obligation until October 1, 1997.

9 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

10 For necessary expenses of the Office of the United

11 States Attorneys, including intergovernmental agree12 ments, $923,340,000; of which not to exceed $2,500,000

13 shall be available until September 30, 1998, for the pur14 poses of (1) providing training of personnel of the De15 partment of Justice in debt collection, (2) providing serv16 ices to the Department of Justice related to locating

17 debtors and their property, such as title searches, debtor

18 skiptracing, asset searches, credit reports and other in19 vestigations, (3) paying the costs of the Department of

20 Justice for the sale of property not covered by the sale

21 proceeds, such as auctioneers’ fees and expenses, mainte22 nance and protection of property and businesses, adver23 tising and title search and surveying costs, and (4) pay24 ing the costs of processing and tracking debts owed to

25 the United States Government: Provided, That of the

26 total amount appropriated, not to exceed $8,000 shall be
10

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1 available for official reception and representation ex2 penses: Provided further, That not to exceed $10,000,000

3 of those funds available for automated litigation support

4 contracts shall remain available until expended: Provided

5 further, That $1,900,000 for supervision of the Inter6 national Brotherhood of Teamsters national election,

7 shall remain available until expended: Provided further,

8 That in addition to reimbursable full-time equivalent

9 workyears available to the Office of the United States At10 torneys, not to exceed 8,652 positions and 8,936 full-time

11 equivalent workyears shall be supported from the funds

12 appropriated in this Act for the United States Attorneys.

13 For an additional amount for expenses relating to

14 terrorism and security needs, $10,900,000: 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, UNITED STATES

20 ATTORNEYS

21 For activities authorized by sections 40114,

22 130005, 190001(b), 190001(d) and 250005 of the Vio23 lent Crime Control and Law Enforcement Act of 1994

24 (Public Law 103–322), as amended, and section 815 of

25 the Antiterrorism and Effective Death Penalty Act of

26 1996 (Public Law 104–132), $43,876,000, to remain
11

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1 available until expended, which shall be derived from the

2 Violent Crime Reduction Trust Fund, of which

3 $28,602,000 shall be available to help meet the increased

4 demands for litigation and related activities, $4,641,000

5 for Southwest Border Control, $1,000,000 for Federal

6 victim counselors, and $9,633,000 for expeditious depor7 tation of denied asylum applicants.

8 UNITED STATES TRUSTEE SYSTEM FUND

9 For necessary expenses of the United States

10 Trustee Program, as authorized by 28 U.S.C. 589a(a),

11 $107,950,000, to remain available until expended and to

12 be derived from the United States Trustee System Fund:

13 Provided, That notwithstanding any other provision of

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

15 amounts as may be necessary to pay refunds due deposi16 tors: Provided further, That notwithstanding any other

17 provision of law, $107,950,000 of offsetting collections

18 derived from fees collected pursuant to 28 U.S.C.

19 589a(b) shall be retained and used for necessary ex20 penses in this appropriation and remain available until

21 expended: Provided further, That the sum herein appro22 priated from the Fund shall be reduced as such offsetting

23 collections are received during fiscal year 1997, so as to

24 result in a final fiscal year 1997 appropriation from the

25 Fund estimated at $0: Provided further, That any such

26 fees collected in excess of $107,950,000 in fiscal year
12

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1 1997 shall remain available until expended but shall not

2 be available for obligation until October 1, 1997.

3 SALARIES AND EXPENSES, FOREIGN CLAIMS

4 SETTLEMENT COMMISSION

5 For expenses necessary to carry out the activities

6 of the Foreign Claims Settlement Commission, including

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

8 SALARIES AND EXPENSES, UNITED STATES MARSHALS

9 SERVICE

10 For necessary expenses of the United States Mar11 shals Service; including the acquisition, lease, mainte12 nance, and operation of vehicles and aircraft, and the

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

14 without regard to the general purchase price limitation

15 for the current fiscal year, $457,495,000, as authorized

16 by 28 U.S.C. 561(i); of which not to exceed $6,000 shall

17 be available for official reception and representation ex18 penses; and of which not to exceed $4,000,000 for devel19 opment, implementation, maintenance and support, and

20 training for an automated prisoner information system,

21 and $2,200,000 to support the Justice Prisoner and

22 Alien Transportation System, shall remain available until

23 expended: Provided, That, with respect to the amounts

24 appropriated above, the service of maintaining and trans25 porting State, local, or territorial prisoners shall be con26 sidered a specialized or technical service for purposes of
13

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1 31 U.S.C. 6505, and any prisoners so transported shall

2 be considered persons (transported for other than com3 mercial purposes) whose presence is associated with the

4 performance of a governmental function for purposes of

5 49 U.S.C. 40102: Provided further, That not to exceed 12

6 permanent positions and 12 full-time equivalent

7 workyears and $700,000 shall be expended for the Of8 fices of Legislative Affairs and Public Affairs: Provided

9 further, That the latter two aforementioned offices shall

10 not be augmented by personnel details, temporary trans11 fers of personnel on either a reimbursable or non12 reimbursable basis or any other type of formal or infor13 mal transfer or reimbursement of personnel or funds on

14 either a temporary or long-term basis.

15 VIOLENT CRIME REDUCTION PROGRAMS, UNITED STATES

16 MARSHALS SERVICE

17 For activities authorized by section 190001(b) of

18 the Violent Crime Control and Law Enforcement Act of

19 1994 (Public Law 103–322), as amended, $25,000,000,

20 to remain available until expended, which shall be derived

21 from the Violent Crime Reduction Trust Fund.

22 FEDERAL PRISONER DETENTION

23 For expenses, related to United States prisoners

24 in the custody of the United States Marshals Service as

25 authorized in 18 U.S.C. 4013, but not including expenses

26 otherwise provided for in appropriations available to the
14

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

2 U.S.C. 561(i), to remain available until expended: Pro3 vided, That this appropriation hereafter shall not be

4 available for expenses authorized under 18 U.S.C.

5 4013(a)(4).

6 FEES AND EXPENSES OF WITNESSES

7 For expenses, mileage, compensation, and per

8 diems of witnesses, for expenses of contracts for the pro9 curement and supervision of expert witnesses, for private

10 counsel expenses, and for per diems in lieu of subsistence,

11 as authorized by law, including advances, $100,702,000,

12 to remain available until expended; of which not to exceed

13 $4,750,000 may be made available for planning, con14 struction, renovations, maintenance, remodeling, and re15 pair of buildings, and the purchase of equipment incident

16 thereto, for protected witness safesites; of which not to

17 exceed $1,000,000 may be made available for the pur18 chase and maintenance of armored vehicles for transpor19 tation of protected witnesses; and of which not to exceed

20 $4,000,000 may be made available for the purchase, in21 stallation and maintenance of a secure, automated infor22 mation network to store and retrieve the identities and

23 locations of protected witnesses.
15

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1 SALARIES AND EXPENSES, COMMUNITY RELATIONS

2 SERVICE

3 For necessary expenses of the Community Rela4 tions Service, established by title X of the Civil Rights

5 Act of 1964, $5,319,000: Provided, That notwithstanding

6 any other provision of law, upon a determination by the

7 Attorney General that emergent circumstances require

8 additional funding for conflict prevention and resolution

9 activities of the Community Relations Service, the Attor10 ney General may transfer such amounts to the Commu11 nity Relations Service, from available appropriations for

12 the current fiscal year for the Department of Justice, as

13 may be necessary to respond to such circumstances: Pro14 vided further, That any transfer pursuant to this para15 graph shall be treated as a reprogramming under section

16 605 of this Act and shall not be available for obligation

17 or expenditure except in compliance with the procedures

18 set forth in that section.

19 ASSETS FORFEITURE FUND

20 For expenses authorized by 28 U.S.C.

21 524(c)(1)(A)(ii), (B), (C), (F), and (G), as amended,

22 $23,000,000, to be derived from the Department of Jus23 tice Assets Forfeiture Fund.
16

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1 RADIATION EXPOSURE COMPENSATION

2 ADMINISTRATIVE EXPENSES

3 For necessary administrative expenses in accord4 ance with the Radiation Exposure Compensation Act,

5 $2,000,000.

6 PAYMENT TO RADIATION EXPOSURE COMPENSATION

7 TRUST FUND

8 For payments to the Radiation Exposure Com9 pensation Trust Fund, $13,736,000, not to be available

10 for obligation until September 30, 1997.

11 INTERAGENCY LAW ENFORCEMENT

12 INTERAGENCY CRIME AND DRUG ENFORCEMENT

13 For necessary expenses for the detection, inves14 tigation, and prosecution of individuals involved in orga15 nized crime drug trafficking not otherwise provided for,

16 to include intergovernmental agreements with State and

17 local law enforcement agencies engaged in the investiga18 tion and prosecution of individuals involved in organized

19 crime drug trafficking, $359,430,000, of which

20 $50,000,000 shall remain available until expended: Pro21 vided, That any amounts obligated from appropriations

22 under this heading may be used under authorities avail23 able to the organizations reimbursed from this appropria24 tion: Provided further, That any unobligated balances re25 maining available at the end of the fiscal year shall revert

26 to the Attorney General for reallocation among partici-
17

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1 pating organizations in succeeding fiscal years, subject to

2 the reprogramming procedures described in section 605

3 of this Act.

4 FEDERAL BUREAU OF INVESTIGATION

5 SALARIES AND EXPENSES

6 For necessary expenses of the Federal Bureau of

7 Investigation for detection, investigation, and prosecution

8 of crimes against the United States; including purchase

9 for police-type use of not to exceed 2,706 passenger

10 motor vehicles, of which 1,945 will be for replacement

11 only, without regard to the general purchase price limita12 tion for the current fiscal year, and hire of passenger

13 motor vehicles; acquisition, lease, maintenance, and oper14 ation of aircraft; and not to exceed $70,000 to meet un15 foreseen emergencies of a confidential character, to be ex16 pended under the direction of, and to be accounted for

17 solely under the certificate of, the Attorney General;

18 $2,451,361,000, of which not to exceed $50,000,000 for

19 automated data processing and telecommunications and

20 technical investigative equipment and $1,000,000 for un21 dercover operations shall remain available until Septem22 ber 30, 1998; of which not less than $147,081,000 shall

23 be for counterterrorism investigations, foreign counter24 intelligence, and other activities related to our national

25 security; of which not to exceed $98,400,000 shall remain
18

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1 available until expended; and of which not to exceed

2 $10,000,000 is authorized to be made available for mak3 ing payments or advances for expenses arising out of con4 tractual or reimbursable agreements with State and local

5 law enforcement agencies while engaged in cooperative

6 activities related to violent crime, terrorism, organized

7 crime, and drug investigations; and of which $1,500,000

8 shall be available to maintain an independent program of9 fice dedicated solely to the relocation of the Criminal Jus10 tice Information Services Division and the automation of

11 fingerprint identification services: Provided, That not to

12 exceed $45,000 shall be available for official reception

13 and representation expenses: Provided further, That not

14 to exceed 81 permanent positions and 85 full-time equiv15 alent workyears and $5,959,000 shall be expended for the

16 Office of Legislative Affairs and Public Affairs: Provided

17 further, That the latter two aforementioned offices shall

18 not be augmented by personnel details, temporary trans19 fers of personnel on either a reimbursable or non20 reimbursable basis or any other type of formal or infor21 mal transfer or reimbursement of personnel or funds on

22 either a temporary or long-term basis.

23 For an additional amount for necessary expenses

24 of the Federal Bureau of Investigation to prevent and in25 vestigate terrorism activities and incidents; provide for
19

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1 additional agents and support staff; protect key physical

2 assets; establish a capability for chemical, biological and

3 nuclear research; improve domestic intelligence; and im4 prove security at Federal Bureau of Investigation offices,

5 $115,610,000, as authorized by the Antiterrorism and

6 Effective Death Penalty Act of 1996 (P.L. 104–132):

7 Provided, That the entire amount is designated by Con8 gress as an 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 VIOLENT CRIME REDUCTION PROGRAMS

12 For activities authorized by the Violent Crime

13 Control and Law Enforcement Act of 1994 (Public Law

14 103–322) as amended (‘‘the 1994 Act’’), and the

15 Antiterrorism and Effective Death Penalty Act of 1996

16 (‘‘the Antiterrorism Act’’), $169,000,000, to remain

17 available until expended, which shall be derived from the

18 Violent Crime Reduction Trust Fund; of which

19 $76,356,000 shall be for activities authorized by section

20 190001(c) of the 1994 Act and section 811 of the

21 Antiterrorism Act; $53,404,000 shall be for activities au22 thorized by section 190001(b) of the 1994 Act, of which

23 $20,240,000 shall be for activities authorized by section

24 103 of the Brady Handgun Violence Prevention Act

25 (Public Law 103–159), as amended; $4,000,000 shall be

26 for training and investigative assistance authorized by
20

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1 section 210501 of the 1994 Act; $9,500,000 shall be for

2 grants to States, as authorized by section 811(b) of the

3 Antiterrorism Act; and $5,500,000 shall be for establish4 ing DNA quality-assurance and proficiency-testing stand5 ards, establishing an index to facilitate law enforcement

6 exchange of DNA identification information, and related

7 activities authorized by section 210501 of the 1994 Act.

8 TELECOMMUNICATIONS CARRIER COMPLIANCE FUND

9 For necessary expenses, as determined by the At10 torney General, $60,000,000, to remain available until

11 expended, to be deposited in the Telecommunications

12 Carrier Compliance Fund for making payments to tele13 communications carriers, equipment manufacturers, and

14 providers of telecommunications support services pursu15 ant to section 110 of this Act: Provided, That the entire

16 amount is designated by Congress as an emergency re17 quirement pursuant to section 251(b)(2)(D)(i) of the

18 Balanced Budget and Emergency Deficit Control Act of

19 1985, as amended: Provided further, That the entire

20 amount not previously designated by the President as an

21 emergency requirement shall be available only to the ex22 tent an official budget request, for a specific dollar

23 amount that includes designation of the entire amount of

24 the request as an emergency requirement, as defined in

25 the Balanced Budget and Emergency Deficit Control Act

26 of 1985, as amended, is transmitted to Congress.
21

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1 CONSTRUCTION

2 For necessary expenses to construct or acquire

3 buildings and sites by purchase, or as otherwise author4 ized by law (including equipment for such buildings); con5 version and extension of federally-owned buildings; and

6 preliminary planning and design of projects;

7 $41,639,000, to remain available until expended.

8 DRUG ENFORCEMENT ADMINISTRATION

9 SALARIES AND EXPENSES

10 For necessary expenses of the Drug Enforcement

11 Administration, including not to exceed $70,000 to meet

12 unforeseen emergencies of a confidential character, to be

13 expended under the direction of, and to be accounted for

14 solely under the certificate of, the Attorney General; ex15 penses for conducting drug education and training pro16 grams, including travel and related expenses for partici17 pants in such programs and the distribution of items of

18 token value that promote the goals of such programs;

19 purchase of not to exceed 1,158 passenger motor vehicles,

20 of which 1,032 will be for replacement only, for police21 type use without regard to the general purchase price

22 limitation for the current fiscal year; and acquisition,

23 lease, maintenance, and operation of aircraft;

24 $745,388,000, of which not to exceed $1,800,000 for re25 search and $15,000,000 for transfer to the Drug Diver-
22

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1 sion Control Fee Account for operating expenses shall re2 main available until expended, and of which not to exceed

3 $4,000,000 for purchase of evidence and payments for in4 formation, not to exceed $4,000,000 for contracting for

5 automated data processing and telecommunications

6 equipment, and not to exceed $2,000,000 for laboratory

7 equipment, $4,000,000 for technical equipment, and

8 $2,000,000 for aircraft replacement retrofit and parts,

9 shall remain available until September 30, 1998; and of

10 which not to exceed $50,000 shall be available for official

11 reception and representation expenses: Provided, That

12 not to exceed 25 permanent positions and 25 full-time

13 equivalent workyears and $1,828,000 shall be expended

14 for the Office of Legislative Affairs and Public Affairs:

15 Provided further, That the latter two aforementioned of16 fices shall not be augmented by personnel details, tem17 porary transfers of personnel on either a reimbursable or

18 nonreimbursable basis or any other type of formal or in19 formal transfer or reimbursement of personnel or funds

20 on either a temporary or long-term basis.

21 For an additional amount for security measures

22 for domestic and foreign Drug Enforcement Administra23 tion offices, $5,000,000: Provided, That the entire

24 amount is designated by Congress as an emergency re25 quirement pursuant to section 251(b)(2)(D)(i) of the
23

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1 Balanced Budget and Emergency Deficit Control Act of

2 1985, as amended.

3 VIOLENT CRIME REDUCTION PROGRAMS

4 For activities authorized by sections 180104 and

5 190001(b) of the Violent Crime Control and Law En6 forcement Act of 1994 (Public Law 103–322), as amend7 ed, and section 814 of the Antiterrorism and Effective

8 Death Penalty Act of 1996 (Public Law 104–132), and

9 for the purchase of passenger motor vehicles for police10 type use, as otherwise authorized in this title,

11 $220,000,000, to remain available until expended, which

12 shall be derived from the Violent Crime Reduction Trust

13 Fund.

14 CONSTRUCTION

15 For necessary expenses to construct or acquire

16 buildings and sites by purchase, or as otherwise author17 ized by law (including equipment for such buildings); con18 version and extension of federally-owned buildings; and

19 preliminary planning and design of projects;

20 $30,806,000, to remain available until expended.

21 IMMIGRATION AND NATURALIZATION SERVICE

22 SALARIES AND EXPENSES

23 (INCLUDING TRANSFER OF FUNDS)

24 For expenses, not otherwise provided for, nec25 essary for the administration and enforcement of the laws

26 relating to immigration, naturalization, and alien reg-
24

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1 istration, including not to exceed $50,000 to meet unfore2 seen emergencies of a confidential character, to be ex3 pended under the direction of, and to be accounted for

4 solely under the certificate of, the Attorney General; pur5 chase for police type use (not to exceed 2,691, of which

6 1,711 are for replacement only), without regard to the

7 general purchase price limitation for the current fiscal

8 year, and hire of passenger motor vehicles; acquisition,

9 lease, maintenance and operation of aircraft; and re10 search related to immigration enforcement;

11 $1,590,159,000 of which not to exceed $400,000 for re12 search shall remain available until expended; and of

13 which not to exceed $10,000,000 shall be available for

14 costs associated with the training program for basic offi15 cer training, and $5,000,000 is for payments or advances

16 arising out of contractual or reimbursable agreements

17 with State and local law enforcement agencies while en18 gaged in cooperative activities related to immigration:

19 Provided, That none of the funds available to the Immi20 gration and Naturalization Service shall be available to

21 pay any employee overtime pay in an amount in excess

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

23 1, 1997: Provided further, That uniforms may be pur24 chased without regard to the general purchase price limi25 tation for the current fiscal year: Provided further, That
25

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1 not to exceed $5,000 shall be available for official recep2 tion and representation expenses: Provided further, That

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

4 be used for the continued operation of the San Clemente

5 and Temecula checkpoints unless the checkpoints are

6 open and traffic is being checked on a continuous 24-

7 hour basis: Provided further, That the Land Border Fee

8 Pilot Project scheduled to end September 30, 1996, is ex9 tended to September 30, 1999, for projects on both the

10 northern and southern borders of the United States, ex11 cept that no pilot program may implement a universal

12 land border crossing toll: Provided further, That obligated

13 and unobligated balances available to ‘‘Salaries and Ex14 penses, Community Relations Service’’ under section

15 501(c) of the Refugee Education Assistance Act of 1980

16 are transferred to this account and shall remain available

17 until expended: Provided further, That not to exceed 48

18 permanent positions and 48 full-time equivalent

19 workyears and $4,628,000 shall be expended for the Of20 fice of Legislative Affairs and Public Affairs: Provided

21 further, That the latter two aforementioned offices shall

22 not be augmented by personnel details, temporary trans23 fers of personnel on either a reimbursable or non24 reimbursable basis or any other type of formal or infor-
26

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1 mal transfer or reimbursement of personnel or funds on

2 either a temporary or long-term basis.

3 For an additional amount to support the deten4 tion and removal of aliens with ties to terrorist organiza5 tions and expand the detention and removal of illegal

6 aliens and enhance the intelligence of the Immigration

7 and Naturalization Service, $15,000,000, of which

8 $10,000,000 shall be for detention and removal of aliens:

9 Provided, That the entire amount is designated by Con10 gress as an 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 VIOLENT CRIME REDUCTION PROGRAMS

14 For activities authorized by sections 130002,

15 130005, 130006, 130007, and 190001(b) of the Violent

16 Crime Control and Law Enforcement Act of 1994 (Public

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

18 Antiterrorism and Effective Death Penalty Act of 1996

19 (Public Law 104–132), $500,000,000, to remain avail20 able until expended, which will be derived from the Vio21 lent Crime Reduction Trust Fund, of which $66,217,000

22 shall be for expeditious deportation of denied asylum ap23 plicants, $317,256,000 shall be for improving border con24 trols, and $116,527,000 shall be for detention and depor25 tation proceedings: Provided, That amounts not required

26 for asylum processing provided under the expeditious de-
27

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1 portation of denied asylum applicants shall also be avail2 able for other deportation program activities.

3 CONSTRUCTION

4 For planning, construction, renovation, equipping,

5 and maintenance of buildings and facilities necessary for

6 the administration and enforcement of the laws relating

7 to immigration, naturalization, and alien registration, not

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

9 until expended.

10 FEDERAL PRISON SYSTEM

11 SALARIES AND EXPENSES

12 For expenses necessary for the administration, op13 eration, and maintenance of Federal penal and correc14 tional institutions, including purchase (not to exceed 836,

15 of which 572 are for replacement only) and hire of law

16 enforcement and passenger motor vehicles, and for the

17 provision of technical assistance and advice on corrections

18 related issues to foreign governments; $2,768,316,000:

19 Provided, That the Attorney General may transfer to the

20 Health Resources and Services Administration such

21 amounts as may be necessary for direct expenditures by

22 that Administration for medical relief for inmates of Fed23 eral penal and correctional institutions: Provided further,

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

25 where necessary, may enter into contracts with a fiscal

26 agent/fiscal intermediary claims processor to determine
28

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

2 FPS, furnish health services to individuals committed to

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

4 may be purchased without regard to the general purchase

5 price limitation for the current fiscal year: Provided fur6 ther, That not to exceed $6,000 shall be available for offi7 cial reception and representation expenses: Provided fur8 ther, That not to exceed $90,000,000 for the activation

9 of new facilities shall remain available until September

10 30, 1998: Provided further, That of the amounts provided

11 for Contract Confinement, not to exceed $20,000,000

12 shall remain available until expended to make payments

13 in advance for grants, contracts and reimbursable agree14 ments, and other expenses authorized by section 501(c)

15 of the Refugee Education Assistance Act of 1980, as

16 amended, for the care and security in the United States

17 of Cuban and Haitian entrants: Provided further, That

18 notwithstanding section 4(d) of the Service Contract Act

19 of 1965 (41 U.S.C. 353(d)), FPS may enter into con20 tracts and other agreements with private entities for peri21 ods of not to exceed 3 years and 7 additional option years

22 for the confinement of Federal prisoners: Provided fur23 ther, That the National Institute of Corrections hereafter

24 shall be included in the FPS Salaries and Expenses

25 budget, in the Contract Confinement program and shall
29

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1 continue to perform its current functions under 18

2 U.S.C. 4351, et seq., with the exception of its grant pro3 gram and shall collect reimbursement for services when4 ever possible: Provided further, That any unexpended bal5 ances available to the ‘‘National Institute of Corrections’’

6 account shall be credited to and merged with this appro7 priation, to remain available until expended.

8 VIOLENT CRIME REDUCTION PROGRAMS

9 For substance abuse treatment in Federal prisons

10 as authorized by section 32001(e) of the Violent Crime

11 Control and Law Enforcement Act of 1994 (Public Law

12 103–322), as amended, $25,224,000, to remain available

13 until expended, which shall be derived from the Violent

14 Crime Reduction Trust Fund.

15 BUILDINGS AND FACILITIES

16 For planning, acquisition of sites and construction

17 of new facilities; leasing the Oklahoma City Airport Trust

18 Facility; purchase and acquisition of facilities and remod19 eling, and equipping of such facilities for penal and cor20 rectional use, including all necessary expenses incident

21 thereto, by contract or force account; and constructing,

22 remodeling, and equipping necessary buildings and facili23 ties at existing penal and correctional institutions, includ24 ing all necessary expenses incident thereto, by contract or

25 force account; $395,700,000, to remain available until ex26 pended, of which not to exceed $14,074,000 shall be
30

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1 available to construct areas for inmate work programs:

2 Provided, That labor of United States prisoners may be

3 used for work performed under this appropriation: Pro4 vided further, That not to exceed 10 percent of the funds

5 appropriated to ‘‘Buildings and Facilities’’ in this Act or

6 any other Act may be transferred to ‘‘Salaries and Ex7 penses’’, Federal Prison System, upon notification by the

8 Attorney General to the Committees on Appropriations of

9 the House of Representatives and the Senate in compli10 ance with provisions set forth in section 605 of this Act:

11 Provided further, That of the total amount appropriated,

12 not to exceed $36,570,000 shall be available for the ren13 ovation and construction of United States Marshals Serv14 ice prisoner-holding facilities.

15 FEDERAL PRISON INDUSTRIES, INCORPORATED

16 The Federal Prison Industries, Incorporated, is

17 hereby authorized to make such expenditures, within the

18 limits of funds and borrowing authority available, and in

19 accord with the law, and to make such contracts and

20 commitments, without regard to fiscal year limitations as

21 provided by section 9104 of title 31, United States Code,

22 as may be necessary in carrying out the program set

23 forth in the budget for the current fiscal year for such

24 corporation, including purchase of (not to exceed five for

25 replacement only) and hire of passenger motor vehicles.
31

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1 LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL

2 PRISON INDUSTRIES, INCORPORATED

3 Not to exceed $3,042,000 of the funds of the cor4 poration shall be available for its administrative expenses,

5 and for services as authorized by 5 U.S.C. 3109, to be

6 computed on an accrual basis to be determined in accord7 ance with the corporation’s current prescribed accounting

8 system, and such amounts shall be exclusive of deprecia9 tion, payment of claims, and expenditures which the said

10 accounting system requires to be capitalized or charged

11 to cost of commodities acquired or produced, including

12 selling and shipping expenses, and expenses in connection

13 with acquisition, construction, operation, maintenance,

14 improvement, protection, or disposition of facilities and

15 other property belonging to the corporation or in which

16 it has an interest.

17 OFFICE OF JUSTICE PROGRAMS

18 JUSTICE ASSISTANCE

19 For grants, contracts, cooperative agreements,

20 and other assistance authorized by title I of the Omnibus

21 Crime Control and Safe Streets Act of 1968, as amend22 ed, and the Missing Children’s Assistance Act, as amend23 ed, including salaries and expenses in connection there24 with, and with the Victims of Crime Act of 1984, as

25 amended, $101,429,000, to remain available until ex-
32

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1 pended, as authorized by section 1001 of title I of the

2 Omnibus Crime Control and Safe Streets Act, as amend3 ed by Public Law 102–534 (106 Stat. 3524).

4 For an additional amount, $17,000,000, to re5 main available until expended; of which $5,000,000 shall

6 be for Local Firefighter and Emergency Services Train7 ing Grants as authorized by section 819 of the

8 Antiterrorism and Effective Death Penalty Act of 1996

9 (‘‘the Antiterrorism Act’’); of which $10,000,000 shall be

10 for development of counterterrorism technologies to help

11 State and local law enforcement combat terrorism, as au12 thorized by section 821 of the Antiterrorism Act; of

13 which $2,000,000 shall be for specialized multi-agency

14 response training: Provided, That the entire amount is

15 designated by Congress as an emergency requirement

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

17 Budget and Emergency Deficit Control Act of 1985, as

18 amended: Provided further, That the entire amount not

19 previously designated by the President as an emergency

20 requirement shall be available only to the extent an offi21 cial budget request, for a specific dollar amount that in22 cludes designation of the entire amount of the request as

23 an emergency requirement, as defined in the Balanced

24 Budget and Emergency Deficit Control Act of 1985, as

25 amended, is transmitted to Congress.
33

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1 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

2 For grants, contracts, cooperative agreements,

3 and other assistance authorized by part E of title I of the

4 Omnibus Crime Control and Safe Streets Act of 1968, as

5 amended, for State and Local Narcotics Control and Jus6 tice Assistance Improvements, notwithstanding the provi7 sions of section 511 of said Act, $361,000,000, to remain

8 available until expended, as authorized by section 1001 of

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

10 (106 Stat. 3524), of which $60,000,000 shall be available

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

12 part E of title I of said Act, for discretionary grants

13 under the Edward Byrne Memorial State and Local Law

14 Enforcement Assistance Programs.

15 VIOLENT CRIME REDUCTION PROGRAMS, STATE AND

16 LOCAL LAW ENFORCEMENT ASSISTANCE

17 For assistance (including amounts for administra18 tive costs for management and administration, which

19 amounts shall be transferred to and merged with the

20 ‘‘Justice Assistance’’ account) authorized by the Violent

21 Crime Control and Law Enforcement Act of 1994 (Public

22 Law 103–322), as amended (‘‘the 1994 Act’’); the Omni23 bus Crime Control and Safe Streets Act of 1968, as

24 amended (‘‘the 1968 Act’’); and the Victims of Child

25 Abuse Act of 1990, as amended (‘‘the 1990 Act’’);

26 $2,036,150,000, to remain available until expended,
34

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1 which shall be derived from the Violent Crime Reduction

2 Trust Fund; of which $523,000,000 shall be for Local

3 Law Enforcement Block Grants, pursuant to H.R. 728

4 as passed by the House of Representatives on February

5 14, 1995, except that for purposes of this Act, the Com6 monwealth of Puerto Rico shall be considered a ‘‘unit of

7 local government’’ as well as a ‘‘State’’, for the purposes

8 set forth in paragraphs (A), (B), (D), (F), and (I) of sec9 tion 101(a)(2) of H.R. 728 and for establishing crime

10 prevention programs involving cooperation between com11 munity residents and law enforcement personnel in order

12 to control, detect, or investigate crime or the prosecution

13 of criminals: Provided, That no funds provided under this

14 heading may be used as matching funds for any other

15 Federal grant program: Provided further, That

16 $20,000,000 of this amount shall be for Boys and Girls

17 Clubs in public housing facilities and other areas in co18 operation with State and local law enforcement: Provided

19 further, That funds may also be used to defray the costs

20 of indemnification insurance for law enforcement officers;

21 of which $50,000,000 shall be for grants to upgrade

22 criminal records, as authorized by section 106(b) of the

23 Brady Handgun Violence Prevention Act of 1993, as

24 amended, and section 4(b) of the National Child Protec25 tion Act of 1993; of which $199,000,000 shall be avail-
35

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1 able as authorized by section 1001 of title I of the 1968

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

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

4 said Act, for the Edward Byrne Memorial State and

5 Local Law Enforcement Assistance Programs; of which

6 $330,000,000 shall be for the State Criminal Alien As7 sistance Program, as authorized by section 242(j) of the

8 Immigration and Nationality Act, as amended; of which

9 $670,000,000 shall be for Violent Offender Incarceration

10 and Truth in Sentencing Incentive Grants pursuant to

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

12 $170,000,000 shall be available for payments to States

13 for incarceration of criminal aliens, and of which

14 $12,500,000 shall be available for the Cooperative Agree15 ment Program: Provided further, That funds made avail16 able for Violent Offender Incarceration and Truth in

17 Sentencing Incentive Grants to the State of California

18 may, at the discretion of the recipient, be used for pay19 ments for the incarceration of criminal aliens: Provided

20 further, That beginning in fiscal year 1999, and there21 after, no funds shall be available to make grants to a

22 State pursuant to section 20103 or section 20104 of the

23 Violent Crime Control and Law Enforcement Act of 1994

24 unless no later than September 1, 1998, such State has

25 implemented a program of controlled substance testing
36

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1 and intervention for appropriate categories of convicted

2 offenders during periods of incarceration and criminal

3 justice supervision, with sanctions including denial or rev4 ocation of release for positive controlled substance tests,

5 consistent with guidelines issued by the Attorney General;

6 of which $6,000,000 shall be for the Court Appointed

7 Special Advocate Program, as authorized by section 218

8 of the 1990 Act; of which $1,000,000 shall be for Child

9 Abuse Training Programs for Judicial Personnel and

10 Practitioners, as authorized by section 224 of the 1990

11 Act; of which $145,000,000 shall be for Grants to Com12 bat Violence Against Women, to States, units of local

13 government, and Indian tribal governments, as author14 ized by section 1001(a)(18) of the 1968 Act; of which

15 $33,000,000 shall be for Grants to Encourage Arrest

16 Policies to States, units of local government, and Indian

17 tribal governments, as authorized by section 1001(a)(19)

18 of the 1968 Act; of which $8,000,000 shall be for Rural

19 Domestic Violence and Child Abuse Enforcement Assist20 ance Grants, as authorized by section 40295 of the 1994

21 Act; of which $1,000,000 shall be for training programs

22 to assist probation and parole officers who work with re23 leased sex offenders, as authorized by section 40152(c) of

24 the 1994 Act; of which $550,000 shall be for grants for

25 televised testimony, as authorized by section 1001(a)(7)
37

HR 4278 RDS

1 of the 1968 Act; of which $1,750,000 shall be for na2 tional stalker and domestic violence reduction, as author3 ized by section 40603 of the 1994 Act; of which

4 $30,000,000 shall be for grants for residential substance

5 abuse treatment for State prisoners as authorized by sec6 tion 1001(a)(17) of the 1968 Act; of which $3,000,000

7 shall be for grants to States and units of local govern8 ment for projects to improve DNA analysis, as authorized

9 by section 1001(a)(22) of the 1968 Act; of which

10 $900,000 shall be for the Missing Alzheimer’s Disease

11 Patient Alert Program, as authorized by section

12 240001(c) of the 1994 Act; of which $750,000 shall be

13 for Motor Vehicle Theft Prevention Programs, as author14 ized by section 220002(h) of the 1994 Act; of which

15 $200,000 shall be for a National Baseline Study on Cam16 pus Sexual Assault, as authorized by section 40506(e) of

17 the 1994 Act; of which $30,000,000 shall be for Drug

18 Courts, as authorized by title V of the 1994 Act; of which

19 $1,000,000 shall be for Law Enforcement Family Sup20 port Programs, as authorized by section 1001(a)(21) of

21 the 1968 Act; and of which $2,000,000 shall be for pub22 lic awareness programs addressing marketing scams

23 aimed at senior citizens, as authorized by section

24 250005(3) of the 1994 Act: Provided further, That funds

25 made available in fiscal year 1997 under subpart 1 of
38

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1 part E of title I of the Omnibus Crime Control and Safe

2 Streets Act of 1968, as amended, may be obligated for

3 programs to assist States in the litigation processing of

4 death penalty Federal habeas corpus petitions and for

5 drug testing initiatives: Provided further, That any 1996

6 balances for these programs shall be transferred to and

7 merged with this appropriation: Provided further, That if

8 a unit of local government uses any of the funds made

9 available under this title to increase the number of law

10 enforcement officers, the unit of local government will

11 achieve a net gain in the number of law enforcement offi12 cers who perform nonadministrative public safety service.

13 WEED AND SEED PROGRAM FUND

14 For necessary expenses, including salaries and re15 lated expenses of the Executive Office for Weed and

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

17 $28,500,000, which shall be derived from discretionary

18 grants provided under the Edward Byrne Memorial State

19 and Local Law Enforcement Assistance Programs, to re20 main available until expended for intergovernmental

21 agreements, including grants, cooperative agreements,

22 and contracts, with State and local law enforcement

23 agencies engaged in the investigation and prosecution of

24 violent crimes and drug offenses in ‘‘Weed and Seed’’

25 designated communities, and for either reimbursements

26 or transfers to appropriation accounts of the Department
39

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1 of Justice and other Federal agencies which shall be

2 specified by the Attorney General to execute the ‘‘Weed

3 and Seed’’ program strategy: Provided, That funds des4 ignated by Congress through language for other Depart5 ment of Justice appropriation accounts for ‘‘Weed and

6 Seed’’ program activities shall be managed and executed

7 by the Attorney General through the Executive Office for

8 Weed and Seed: Provided further, That the Attorney Gen9 eral may direct the use of other Department of Justice

10 funds and personnel in support of ‘‘Weed and Seed’’ pro11 gram activities only after the Attorney General notifies

12 the Committees on Appropriations of the House of Rep13 resentatives and the Senate in accordance with section

14 605 of this Act.

15 COMMUNITY ORIENTED POLICING SERVICES

16 VIOLENT CRIME REDUCTION PROGRAMS

17 For activities authorized by the Violent Crime

18 Control and Law Enforcement Act of 1994, Public Law

19 103–322 (‘‘the 1994 Act’’) (including administrative

20 costs), $1,400,000,000, to remain available until ex21 pended, which shall be derived from the Violent Crime

22 Reduction Trust Fund, for Public Safety and Community

23 Policing Grants pursuant to title I of the 1994 Act: Pro24 vided, That not to exceed 186 permanent positions and

25 174 full-time equivalent workyears and $19,800,000 shall
40

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1 be expended for program management and administra2 tion.

3 In addition, for programs of Police Corps edu4 cation, training and service as set forth in sections

5 200101–200113 of the Violent Crime Control and Law

6 Enforcement Act of 1994 (Public Law 103–322),

7 $20,000,000, to remain available until expended, which

8 shall be derived from the Violent Crime Reduction Trust

9 Fund.

10 JUVENILE JUSTICE PROGRAMS

11 For grants, contracts, cooperative agreements,

12 and other assistance authorized by the Juvenile Justice

13 and Delinquency Prevention Act of 1974, as amended, in14 cluding salaries and expenses in connection therewith to

15 be transferred to and merged with the appropriations for

16 Justice Assistance, $170,000,000, to remain available

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

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

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

20 any other provision of law, $5,000,000 shall be available

21 for expenses authorized by part A of title II of the Act,

22 $86,500,000 shall be available for expenses authorized by

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

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

25 the Act: Provided, That $16,500,000 of the amounts pro26 vided for part B of title II of the Act, as amended, is for
41

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1 the purpose of providing additional formula grants under

2 part B, for innovative local law enforcement and commu3 nity policing programs, to States that provide assurances

4 to the Administrator that the State has in effect (or will

5 have in effect no later than 1 year after date of applica6 tion) policies and programs, that ensure that juveniles

7 are subject to accountability-based sanctions for every act

8 for which they are adjudicated delinquent; (2)

9 $12,000,000 shall be available for expenses authorized by

10 sections 281 and 282 of part D of title II of the Act for

11 prevention and treatment programs relating to juvenile

12 gangs; (3) $10,000,000 shall be available for expenses

13 authorized by section 285 of part E of title II of the Act;

14 (4) $7,000,000 shall be available for expenses authorized

15 by part G of title II of the Act for juvenile mentoring

16 programs; and (5) $20,000,000 shall be available for ex17 penses authorized by title V of the Act for incentive

18 grants for local delinquency prevention programs: Pro19 vided, That upon the enactment of reauthorization legis20 lation for Juvenile Justice Programs under the Juvenile

21 Justice and Delinquency Prevention Act of 1974, as

22 amended, funding provided in this Act shall from that

23 date be subject to the provisions of that legislation and

24 any provisions in this Act that are inconsistent with that

25 legislation shall no longer have effect.
42

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1 In addition, for grants, contracts, cooperative

2 agreements, and other assistance authorized by the Vic3 tims of Child Abuse Act of 1990, as amended,

4 $4,500,000, to remain available until expended, as au5 thorized by sections 214B of the Act.

6 PUBLIC SAFETY OFFICERS BENEFITS

7 For payments authorized by part L of title I of

8 the Omnibus Crime Control and Safe Streets Act of 1968

9 (42 U.S.C. 3796), as amended, such sums as are nec10 essary, to remain available until expended, as authorized

11 by section 6093 of Public Law 100–690 (102 Stat.

12 4339–4340), and, in addition, $2,200,000, to remain

13 available until expended, for payments as authorized by

14 section 1201(b) of said Act.

15 GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

16 SEC. 101. In addition to amounts otherwise made

17 available in this title for official reception and representa18 tion expenses, a total of not to exceed $45,000 from

19 funds appropriated to the Department of Justice in this

20 title shall be available to the Attorney General for official

21 reception and representation expenses in accordance with

22 distributions, procedures, and regulations established by

23 the Attorney General.

24 SEC. 102. Authorities contained in the Depart25 ment of Justice Appropriation Authorization Act, Fiscal

26 Year 1980 (Pub. L. 96–132, 93 Stat. 1040 (1979)), as
43

HR 4278 RDS

1 amended, shall remain in effect until the termination

2 date of this Act or until the effective date of a Depart3 ment of Justice Appropriation Authorization Act, which4 ever is earlier.

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

6 title shall be available to pay for an abortion, except

7 where the life of the mother would be endangered if the

8 fetus were carried to term, or in the case of rape: Pro9 vided, That should this prohibition be declared unconsti10 tutional by a court of competent jurisdiction, this section

11 shall be null and void.

12 SEC. 104. None of the funds appropriated under

13 this title shall be used to require any person to perform,

14 or facilitate in any way the performance of, any abortion.

15 SEC. 105. Nothing in the preceding section shall

16 remove the obligation of the Director of the Bureau of

17 Prisons to provide escort services necessary for a female

18 inmate to receive such service outside the Federal facility:

19 Provided, That nothing in this section in any way dimin20 ishes the effect of section 104 intended to address the

21 philosophical beliefs of individual employees of the Bu22 reau of Prisons.

23 SEC. 106. Notwithstanding any other provision of

24 law, not to exceed $10,000,000 of the funds made avail25 able in this Act may be used to establish and publicize
44

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1 a program under which publicly-advertised, extraordinary

2 rewards may be paid, which shall not be subject to spend3 ing limitations contained in sections 3059 and 3072 of

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

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

6 may not be made without the personal approval of the

7 President or the Attorney General and such approval

8 may not be delegated.

9 SEC. 107. Not to exceed 5 percent of any appro10 priation made available for the current fiscal year for the

11 Department of Justice in this Act, including those de12 rived from the Violent Crime Reduction Trust Fund, may

13 be transferred between such appropriations, but no such

14 appropriation, except as otherwise specifically provided,

15 shall be increased by more than 10 percent by any such

16 transfers: Provided, That any transfer pursuant to this

17 section shall be treated as a reprogramming of funds

18 under section 605 of this Act and shall not be available

19 for obligation except in compliance with the procedures

20 set forth in that section.

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

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

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

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

25 States Code, is amended in paragraph (3), by inserting
45

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1 ‘‘$’’ before ‘‘800’’, and in paragraph (6), by striking ev2 erything after ‘‘total less than $15,000;’’ and inserting in

3 lieu thereof: ‘‘$500 for each quarter in which disburse4 ments total $15,000 or more but less than $75,000; $750

5 for each quarter in which disbursements total $75,000 or

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

7 which disbursements total $150,000 or more but less

8 than $225,000; $1,500 for each quarter in which dis9 bursements total $225,000 or more but less than

10 $300,000; $3,750 for each quarter in which disburse11 ments total $300,000 or more but less than $1,000,000;

12 $5,000 for each quarter in which disbursements total

13 $1,000,000 or more but less than $2,000,000; $7,500 for

14 each quarter in which disbursements total $2,000,000 or

15 more but less than $3,000,000; $8,000 for each quarter

16 in which disbursements total $3,000,000 or more but less

17 than $5,000,000; $10,000 for each quarter in which dis18 bursements total $5,000,000 or more. The fee shall be

19 payable on the last day of the calendar month following

20 the calendar quarter for which the fee is owed.’’.

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

22 is amended to read as follows:

23 ‘‘§ 589a. United States Trustee System Fund

24 ‘‘(a) There is hereby established in the Treasury

25 of the United States a special fund to be known as the
46

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1 ‘United States Trustee System Fund’ (hereinafter in this

2 section referred to as the ‘Fund’). Monies in the Fund

3 shall be available to the Attorney General without fiscal

4 year limitation in such amounts as may be specified in

5 appropriations Acts for the following purposes in connec6 tion with the operations of United States trustees—

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

8 ‘‘(2) travel and transportation;

9 ‘‘(3) rental of space;

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

11 computer charges;

12 ‘‘(5) security investigations and audits;

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

14 legal research;

15 ‘‘(7) furniture and equipment;

16 ‘‘(8) miscellaneous services, including those ob17 tained by contract; and

18 ‘‘(9) printing.

19 ‘‘(b) For the purpose of recovering the cost of

20 services of the United States Trustee System, there shall

21 be deposited as offsetting collections to the appropriation

22 ‘United States Trustee System Fund’, to remain avail23 able until expended, the following—

24 ‘‘(1) 23.08 percent of the fees collected under

25 section 1930(a)(1) of this title;
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1 ‘‘(2) one-half of the fees collected under section

2 1930(a)(3) of this title;

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

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

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

6 1930(a)(5) of this title;

7 ‘‘(5) 100 percent of the fees collected under sec8 tion 1930(a)(6) of this title;

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

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

11 ‘‘(7) the compensation of trustees received

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

13 bankruptcy courts; and

14 ‘‘(8) excess fees collected under section

15 586(e)(2) of this title.

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

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

18 be kept on deposit or invested in obligations of, or guar19 anteed by, the United States.

20 ‘‘(d) The Attorney General shall transmit to the

21 Congress, not later than 120 days after the end of each

22 fiscal year, a detailed report on the amounts deposited in

23 the Fund and a description of expenditures made under

24 this section.
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1 ‘‘(e) There are authorized to be appropriated to

2 the Fund for any fiscal year such sums as may be nec3 essary to supplement amounts deposited under subsection

4 (b) for the purposes specified in subsection (a).’’.

5 (c) Notwithstanding any other provision of law or

6 of this Act, the amendments to 28 U.S.C. 589a made by

7 subsection (b) of this section shall take effect upon enact8 ment of this Act.

9 (d) Section 101(a) of Public Law 104–91, as

10 amended by section 211 of Public Law 104–99, is further

11 amended by inserting ‘‘: Provided further, That, notwith12 standing any other provision of law, the fees under 28

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

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

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

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

17 law’’.

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

19 is amended by inserting at its conclusion a new title IV,

20 as follows:
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1 ‘‘TITLE IV—TELECOMMUNICATIONS CARRIER

2 COMPLIANCE PAYMENTS

3 ‘‘SEC. 401. DEPARTMENT OF JUSTICE TELECOMMUNI4 CATIONS CARRIER COMPLIANCE FUND.

5 ‘‘(a) ESTABLISHMENT OF FUND.—There is here6 by established in the United States Treasury a fund to

7 be known as the Department of Justice Telecommuni8 cations Carrier Compliance Fund (hereafter referred to

9 as ‘the Fund’), which shall be available without fiscal

10 year limitation to the Attorney General for making pay11 ments to telecommunications carriers, equipment manu12 facturers, and providers of telecommunications support

13 services pursuant to section 109 of this Act.

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

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

16 States with law enforcement or intelligence responsibil17 ities may deposit as offsetting collections to the Fund any

18 unobligated balances that are available until expended,

19 upon compliance with any Congressional notification re20 quirements for reprogramming of funds applicable to the

21 appropriation from which the deposit is to be made.

22 ‘‘(c) TERMINATION.—

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

24 Fund at such time as the Attorney General deter25 mines that the Fund is no longer necessary.
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1 ‘‘(2) Any balance in the Fund at the time of its

2 termination shall be deposited in the General Fund

3 of the Treasury.

4 ‘‘(3) A decision of the Attorney General to ter5 minate the Fund shall not be subject to judicial re6 view.

7 ‘‘(d) AVAILABILITY OF FUNDS FOR EXPENDI8 TURE.—Funds shall not be available for obligation unless

9 an implementation plan as set forth in subsection (e) is

10 submitted to each member of the Committees on the Ju11 diciary and Appropriations of both the House of Rep12 resentatives and the Senate and the Congress does not by

13 law block or prevent the obligation of such funds. Such

14 funds shall be treated as a reprogramming of funds

15 under section 605 of the Department of Commerce, Jus16 tice, and State, the Judiciary, and Related Agencies Ap17 propriations Act, 1997, and shall not be available for ob18 ligation or expenditure except in compliance with the pro19 cedures set forth in that section and this section.

20 ‘‘(e) IMPLEMENTATION PLAN.—The implementa21 tion plan shall include:

22 ‘‘(1) the law enforcement assistance capability

23 requirements and an explanation of law enforce24 ment’s recommended interface;
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1 ‘‘(2) the proposed actual and maximum capac2 ity requirements for the number of simultaneous law

3 enforcement communications intercepts, pen reg4 isters, and trap and trace devices that authorized

5 law enforcement agencies may seek to conduct, set

6 forth on a county-by-county basis for wireline serv7 ices and on a market service area basis for wireless

8 services, and the historical baseline of electronic sur9 veillance activity upon which such capacity require10 ments are based;

11 ‘‘(3) a prioritized list of carrier equipment, fa12 cilities, and services deployed on or before January

13 1, 1995, to be modified by carriers at the request of

14 law enforcement based on its investigative needs;

15 ‘‘(4) a projected reimbursement plan that esti16 mates the cost for the coming fiscal year and for

17 each fiscal year thereafter, based on the

18 prioritization of law enforcement needs as outlined

19 in (3), of modification by carriers of equipment, fa20 cilities and services, installed on or before January

21 1, 1995.

22 ‘‘(f) ANNUAL REPORT TO THE CONGRESS.—The

23 Attorney General shall submit to the Congress each year

24 a report specifically detailing all deposits and expendi25 tures made pursuant to this Act in each fiscal year. This
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1 report shall be submitted to each member of the Commit2 tees on the Judiciary and Appropriations of both the

3 House of Representatives and the Senate, and to the

4 Speaker and minority leader of the House of Representa5 tives and to the majority and minority leaders of the Sen6 ate, no later than 60 days after the end of each fiscal

7 year.’’.

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

9 Drug Enforcement Administration, together with other

10 appropriate Federal agencies, should take such actions as

11 may be necessary to end the illegal importation into the

12 United States of Rohypnol (Flunitrazepam), a drug fre13 quently distributed with the intent to facilitate sexual as14 sault and rape.

15 SEC. 112. Section 1402 of the Victims of Crime

16 Act of 1984, as amended (42 U.S.C. 10601), is amended

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

18 at subsection (d) by adding a new paragraph (5) as fol19 lows:

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

21 $500,000 of the reserve fund described in paragraph

22 (4) to make supplemental grants to United States

23 Attorneys Offices to provide necessary assistance to

24 victims of the bombing of the Alfred P. Murrah Fed25 eral Building in Oklahoma City, to facilitate obser-
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1 vation of and/or participation by such victims in trial

2 proceedings arising therefrom, including, without

3 limitation, provision of lodging and travel assistance,

4 and to pay such other, related expenses determined

5 to be necessary by the Director.’’.

6 SEC. 113. Section 732 of Public Law 104–132

7 (110 Stat. 1303; 18 U.S.C. 841 note) is amended—

8 (1) in subsection (a), by adding at the end the

9 following new paragraph:

10 ‘‘(3) NEW PREVENTION TECHNOLOGIES.—In

11 addition to the study of taggants as provided herein,

12 the Secretary, in consultation with the Attorney

13 General, shall concurrently report to the Congress

14 on the possible use, and exploitation of technologies

15 such as vapor detection devices, computed tomog16 raphy, nuclear quadropole resonance, thermal neu17 tron analysis, pulsed fast-neutron analysis, and

18 other technologies upon which recommendations to

19 the Congress may be made for further study, fund20 ing, and use of the same in preventing and solving

21 acts of terrorism involving explosive devices.’’; and

22 (2) by adding at the end the following new sub23 section:

24 ‘‘(f) SPECIAL STUDY.—
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1 ‘‘(1) IN GENERAL.—Notwithstanding subsection

2 (a), the Secretary of the Treasury shall enter into a

3 contract with the National Academy of Sciences (re4 ferred to in this section as the ‘Academy’) to con5 duct a study of the tagging of smokeless and black

6 powder by any viable technology for purposes of de7 tection and identification. The study shall be con8 ducted by an independent panel of 5 experts ap9 pointed by the Academy.

10 ‘‘(2) STUDY ELEMENTS.—The study conducted

11 under this subsection shall—

12 ‘‘(A) indicate whether the tracer elements,

13 when added to smokeless and black powder—

14 ‘‘(i) will pose a risk to human life or

15 safety;

16 ‘‘(ii) will substantially assist law en17 forcement officers in their investigative ef18 forts;

19 ‘‘(iii) will impair the quality and per20 formance of the powders (which shall in21 clude a broad and comprehensive sampling

22 of all available powders) for their intended

23 lawful use, including, but not limited to the

24 sporting, defense, and handloading uses of
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1 the powders, as well as their use in display

2 and lawful consumer pyrotechnics;

3 ‘‘(iv) will have a substantially adverse

4 effect on the environment;

5 ‘‘(v) will incur costs which outweigh

6 the benefits of their inclusion, including an

7 evaluation of the probable production and

8 regulatory cost of compliance to the indus9 try, and the costs and effects on consum10 ers, including the effect on the demand for

11 ammunition; and

12 ‘‘(vi) can be evaded, and with what

13 degree of difficulty, by terrorists or terror14 ist organizations, including evading tracer

15 elements by the use of precursor chemicals

16 to make black or other powders; and

17 ‘‘(B) provide for consultation on the study

18 with Federal, State, and local officials, non-gov19 ernmental organizations, including all national

20 police organizations, national sporting organiza21 tions, and national industry associations with

22 expertise in this area and such other individuals

23 as shall be deemed necessary.

24 ‘‘(3) REPORT AND COSTS.—The study con25 ducted under this subsection shall be presented to
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1 Congress 12 months after the enactment of this sub2 section and be made available to the public, includ3 ing any data tapes or data used to form such rec4 ommendations. There are authorized to be appro5 priated such sums as may be necessary to carry out

6 the study.’’.

7 SEC. 114. (a) Section 524(c)(1) of title 28, United

8 States Code, is amended in the first sentence following

9 the second subparagraph (I) by deleting ‘‘(C),’’.

10 (b) Section 524 (c)(8)(A) is amended by deleting

11 ‘‘(C),’’.

12 SEC. 115. Effective with the enactment of this Act

13 and in any fiscal year hereafter, under policies estab14 lished by the Attorney General, the Department of Jus15 tice may reimburse employees who are paid by an appro16 priation account within the Department of Justice and

17 are traveling on behalf of the United States in temporary

18 duty status to investigate, prosecute, or litigate (includ19 ing the provision of support therefor) a criminal or civil

20 matter, or for other similar special circumstances, for

21 Federal, State, and local taxes heretofore and hereafter

22 resulting from any reimbursement of travel expenses

23 from an appropriation account within the Department of

24 Justice: Provided, That such reimbursement may include
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1 an amount equal to all income taxes for which the em2 ployee would be liable due to such reimbursement.

3 SEC. 116. Section 524 of title 28, United States

4 Code, is amended by adding a new subsection (d) as fol5 lows:

6 ‘‘(d)(1) The Attorney General may accept, hold,

7 administer, and use gifts, devises, and bequests of any

8 property for the purpose of aiding or facilitating the work

9 of the Department of Justice.

10 ‘‘(2) Gifts, devises, and bequests of money, the

11 proceeds of sale or liquidation of any other property ac12 cepted hereunder, and any income accruing from any

13 property accepted hereunder—

14 ‘‘(A) shall be deposited in the Treasury in a

15 separate fund and held in trust by the Secretary of

16 the Treasury for the benefit of the Department of

17 Justice; and

18 ‘‘(B) are hereby appropriated, without fiscal

19 year limitation, and shall be disbursed on order of

20 the Attorney General.

21 ‘‘(3) Upon request of the Attorney General, the

22 Secretary of the Treasury may invest and reinvest the

23 fund described herein in public debt securities with matu24 rities suitable for the needs of the fund and bearing in25 terest at rates determined by the Secretary of the Treas-
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1 ury, taking into consideration the current average market

2 yield on outstanding marketable obligations of the United

3 States or comparable maturities.

4 ‘‘(4) Evidences of any intangible personal property

5 (other than money) accepted hereunder shall be deposited

6 with the Secretary of the Treasury, who may hold or liq7 uidate them, except that they shall be liquidated upon the

8 request of the Attorney General.

9 ‘‘(5) For purposes of federal income, estate, and

10 gift taxes, property accepted hereunder shall be consid11 ered a gift, devise, or bequest to, or for the use of, the

12 United States.’’.

13 SEC. 117. Section 524(c)(9), of title 28, United

14 States Code, is amended to read as follows:

15 ‘‘(9)(A) Following the completion of procedures

16 for the forfeiture of property pursuant to any law

17 enforced or administered by the Department, the At18 torney General is authorized, in her discretion, to

19 warrant clear title to any subsequent purchaser or

20 transferee of such property.

21 ‘‘(B) For fiscal year 1997, the Attorney Gen22 eral is authorized to transfer, under such terms and

23 conditions as the Attorney General shall specify, real

24 or personal property of limited or marginal value, to

25 a State or local government agency, or its designated
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1 contractor or transferee, for use to support drug

2 abuse treatment, drug and crime prevention and

3 education, housing, job skills, and other community4 based public health and safety programs. Such

5 transfer shall not create or confer any private right

6 of action in any person against the United States.’’.

7 SEC. 118. Section 594(b)(3)(A) of title 28 United

8 States Code, is amended in the second sentence by—

9 (a) striking ‘‘by 6 months’’ and inserting ‘‘for

10 successive 6-month periods’’; and

11 (b) striking the phrase ‘‘employee assigned du12 ties under subsection (l)(1)(A)(iii) certifies’’ and in13 serting ‘‘independent counsel and the division of the

14 court certify’’; and

15 (c) striking ‘‘such employee’’ and inserting ‘‘the

16 independent counsel’’ and ‘‘the division of the

17 court’’.

18 SEC. 119. This section may be cited as the ‘‘Age

19 Discrimination in Employment Amendments of 1996’’.

20 Subsection 1. Age Discrimination Amendment

21 (a) REPEAL OF REPEALER.—Section 3(b) of the

22 Age Discrimination in Employment Amendments of 1986

23 (29 U.S.C. 623 note) is repealed.

24 (b) EXEMPTION.—Section 4(j) of the Age Dis25 crimination in Employment Act of 1967 (29 U.S.C.
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1 623(j)), as in effect immediately before December 31,

2 1993—

3 (1) is reenacted as such section; and

4 (2) as so reenacted, is amended in paragraph

5 (1) by striking ‘‘and the individual has attained the

6 age’’ and all that follows through ‘‘1983, and’’ and

7 inserting the following: ‘‘, the employer has complied

8 with section 3(d)(2) of the Age Discrimination in

9 Employment Amendments of 1996 if the individual

10 was discharged after the date described in such sec11 tion, and the individual has attained—

12 ‘‘(A) the age of hiring or retirement, re13 spectively, in effect under applicable State or

14 local law on March 3, 1983; or

15 ‘‘(B)(i) if the individual was not hired, the

16 age of hiring in effect on the date of such fail17 ure or refusal to hire under applicable State or

18 local law enacted after the date of enactment of

19 the Age Discrimination in Employment Amend20 ments of 1996; or

21 ‘‘(ii) if applicable State or local law was

22 enacted after the date of enactment of the Age

23 Discrimination in Employment Amendments of

24 1996 and the individual was discharged, the

25 higher of—
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1 ‘‘(I) the age of retirement in effect on

2 the date of such discharge under such law;

3 and

4 ‘‘(II) age 55; and’’.

5 (c) CONSTRUCTION.—Nothing in the repeal, reen6 actment, and amendment made by subsections (a) and

7 (b) shall be construed to make lawful the failure or re8 fusal to hire, or the discharge of, an individual pursuant

9 to a law that—

10 (1) was enacted after March 3, 1983 and before

11 the date of enactment of the Age Discrimination in

12 Employment Amendments of 1996; and

13 (2) lowered the age of hiring or retirement, re14 spectively, for firefighters or law enforcement offi15 cers that was in effect under applicable State or

16 local law on March 3, 1983.

17 Subsection 2. Study and Guidelines for Performance

18 Tests

19 (a) STUDY.—Not later than 3 years after the date

20 of enactment of this Act, the Secretary of Health and

21 Human Services, acting through the Director of the Na22 tional Institute for Occupational Safety and Health (re23 ferred to in this section as the ‘‘Secretary’’), shall con24 duct, directly or by contract, a study, and shall submit
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1 to the appropriate committees of Congress a report based

2 on the results of the study that shall include—

3 (1) a list and description of all tests available

4 for the assessment of abilities important for the

5 completion of public safety tasks performed by law

6 enforcement officers and firefighters.

7 (2) a list of the public safety tasks for which

8 adequate tests described in paragraph (1) do not

9 exist;

10 (3) a description of the technical characteristics

11 that the tests shall meet to be in compliance with

12 applicable Federal civil rights law and policies;

13 (4) a description of the alternative methods

14 that are available for determining minimally accept15 able performance standards on the tests;

16 (5) a description of the administrative stand17 ards that should be met in the administration, scor18 ing, and score interpretation of the tests; and

19 (6) an examination of the extent to which the

20 tests are cost-effective, are safe, and comply with the

21 Federal civil rights law and policies.

22 (b) CONSULTATION REQUIREMENT; OPPORTUNITY

23 FOR PUBLIC COMMENT.—
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1 (1) CONSULTATION.—The Secretary shall, dur2 ing the conduct of the study required by subsection

3 (a), consult with—

4 (A) the Deputy Administrator of the Unit5 ed States Fire Administration:

6 (B) the Director of the Federal Emergency

7 Management Agency;

8 (C) organizations that represent law en9 forcement officers, firefighters, and employers

10 of the officers and firefighters; and

11 (D) organizations that represent older indi12 viduals.

13 (2) PUBLIC COMMENT.—Prior to issuing the

14 advisory guidelines required in subsection (c), the

15 Secretary shall provide an opportunity for public

16 comment on the proposal advisory guidelines.

17 (c) ADVISORY GUIDELINES.—Not later than 4

18 years after the date of enactment of this Act, the Sec19 retary shall develop and issue, based on the results of the

20 study required by subsection (a), advisory guidelines for

21 the administration and use of physical and mental fitness

22 tests to measure the ability and competency of law en23 forcement officers and firefighters to perform the require24 ments of the jobs of the officers and firefighters.

25 (d) JOB PERFORMANCE TESTS.—
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1 (1) IDENTIFICATION OF TESTS.—After issuance

2 of the advisory guidelines described in subsection

3 (c), the Secretary shall issue regulations identifying

4 valid, nondiscriminatory job performance tests that

5 shall be used by employers seeking the exemption

6 described in section 4(j) of the Age Discrimination

7 in Employment Act of 1967 with respect to fire8 fighters or law enforcement officers who have at9 tained an age of retirement described in such section

10 4(j).

11 (2) USE OF TESTS.—Effective on the date of is12 suance of the regulations described in paragraph (1),

13 any employer seeking such exemption with respect to

14 a firefighter or law enforcement officer who has at15 tained such age shall provide to each firefighter or

16 law enforcement officer who has attained such age

17 an annual opportunity to demonstrate physical and

18 mental fitness by passing a test described in para19 graph (1), in order to continue employment.

20 (e) DEVELOPMENT OF STANDARDS FOR

21 WELLNESS PROGRAMS.—Not later than 2 years after the

22 date of enactment of this Act, the Secretary shall propose

23 advisory standards for wellness programs for law enforce24 ment officers and firefighters.
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1 (f) AUTHORIZATION OF APPROPRIATIONS.—There

2 is authorized to be appropriated $5,000,000 to carry out

3 this section.

4 Subsection 3. Effective Dates

5 (a) GENERAL EFFECTIVE DATE.—Except as pro6 vided in subsection (b), this title and the amendments

7 made by this title shall take effect on the date of enact8 ment of this Act.

9 (b) SPECIAL EFFECTIVE DATE.—The repeal

10 made by section 2(a) and the reenactment made by sec11 tion 2(b)(1) shall take effect on December 31, 1993.

12 SEC. 120. Section 320935(e) of the Violent Crime

13 Control and Law Enforcement Act of 1994 is amended

14 by inserting ’’, including all trials commenced on or after

15 the effective date of such amendments’’ after ‘‘such

16 amendments’’.

17 SEC. 121. This section may be cited as the ‘‘Child

18 Pornography Prevention Act of 1996’’.

19 Subsection 1. Findings

20 Congress finds that—

21 (1) the use of children in the production of sex22 ually explicit material, including photographs, films,

23 videos, computer images, and other visual depictions,

24 is a form of sexual abuse which can result in phys-
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1 ical or psychological harm, or both, to the children

2 involved;

3 (2) where children are used in its production,

4 child pornography permanently records the victim’s

5 abuse, and its continued existence causes the child

6 victims of sexual abuse continuing harm by haunting

7 those children in future years;

8 (3) child pornography is often used as part of

9 a method of seducing other children into sexual ac10 tivity; a child who is reluctant to engage in sexual

11 activity with an adult, or to pose for sexually explicit

12 photographs, can sometimes be convinced by viewing

13 depictions of other children ‘‘having fun’’ participat14 ing in such activity;

15 (4) child pornography is often used by

16 pedophiles and child sexual abusers to stimulate and

17 whet their own sexual appetites, and as a model for

18 sexual acting out with children; such use of child

19 pornography can desensitize the viewer to the pa20 thology of sexual abuse or exploitation of children,

21 so that it can become acceptable to and even pre22 ferred by the viewer;

23 (5) new photographic and computer imagining

24 technologies make it possible to produce by elec25 tronic, mechanical, or other means, visual depictions
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1 of what appear to be children engaging in sexually

2 explicit conduct that are virtually indistinguishable

3 to the unsuspecting viewer from unretouched photo4 graphic images of actual children engaging in sexu5 ally explicit conduct;

6 (6) computers and computer imaging tech7 nology can be used to—

8 (A) alter sexually explicit photographs,

9 films, and videos in such a way as to make it

10 virtually impossible for unsuspecting viewers to

11 identify individuals, or to determine if the of12 fending material was produced using children;

13 (B) produce visual depictions of child sex14 ual activity designed to satisfy the preferences

15 of individual child molesters, pedophiles, and

16 pornography collectors; and

17 (C) alter innocent pictures of children to

18 create visual depictions of those children engag19 ing in sexual conduct;

20 (7) the creation or distribution of child pornog21 raphy which includes an image of a recognizable

22 minor invades the child’s privacy and reputational

23 interests, since images that are created showing a

24 child’s face or other identifiable feature on a body
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1 engaging in sexually explicit conduct can haunt the

2 minor for years to come;

3 (8) the effect of visual depictions of child sexual

4 activity on a child molester or pedophile using that

5 material to stimulate or whet his own sexual appe6 tites, or on a child where the material is being used

7 as a means of seducing or breaking down the child’s

8 inhibitions to sexual abuse or exploitation, is the

9 same whether the child pornography consists of pho10 tographic depictions of actual children or visual de11 pictions produced wholly or in part by electronic,

12 mechanical, or other means, including by computer,

13 which are virtually indistinguishable to the

14 unsuspecting viewer from photographic images of ac15 tual children;

16 (9) the danger to children who are seduced and

17 molested with the aid of child sex pictures is just as

18 great when the child pornographer or child molester

19 uses visual depictions of child sexual activity pro20 duced wholly or in part by electronic, mechanical, or

21 other means, including by computer, as when the

22 material consists of unretouched photographic im23 ages of actual children engaging in sexually explicit

24 conduct;
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1 (10)(A) the existence of and traffic in child por2 nographic images creates the potential for many

3 types of harm in the community and presents a clear

4 and present danger to all children; and

5 (B) it inflames the desires of child molesters,

6 pedophiles, and child pornographers who prey on

7 children, thereby increasing the creation and dis8 tribution of child pornography and the sexual abuse

9 and exploitation of actual children who are victim10 ized as a result of the existence and use of these ma11 terials;

12 (11)(A) the sexualization and eroticization of

13 minors through any form of child pornographic im14 ages has a deleterious effect on all children by en15 couraging a societal perception of children as sexual

16 objects and leading to further sexual abuse and ex17 ploitation of them; and

18 (B) this sexualization of minors creates an un19 wholesome environment which affects the psycho20 logical, mental and emotional development of chil21 dren and undermines the efforts of parents and fam22 ilies to encourage the sound mental, moral and emo23 tional development of children;

24 (12) prohibiting the possession and viewing of

25 child pornography will encourage the possessors of
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1 such material to rid themselves of or destroy the ma2 terial, thereby helping to protect the victims of child

3 pornography and to eliminate the market for the

4 sexual exploitative use of children; and

5 (13) the elimination of child pornography and

6 the protection of children from sexual exploitation

7 provide a compelling governmental interest for pro8 hibiting the production, distribution, possession,

9 sale, or viewing of visual depictions of children en10 gaging in sexually explicit conduct, including both

11 photographic images of actual children engaging in

12 such conduct and depictions produced by computer

13 or other means which are virtually indistinguishable

14 to the unsuspecting viewer from photographic im15 ages of actual children engaging in such conduct.

16 Subsection 2. Definitions

17 Section 2256 of title 18, United States Code, is

18 amended—

19 (1) in paragraph (5), by inserting before the

20 semicolon the following: ‘‘, and data stored on com21 puter disk or by electronic means which is capable

22 of conversion into a visual image’’;

23 (2) in paragraph (6), by striking ‘‘and’’;

24 (3) in paragraph (7), by striking the period and

25 inserting a semicolon; and
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1 (4) by adding at the end the following new

2 paragraphs:

3 ‘‘(8) ‘child pornography’ means any visual de4 piction, including any photograph, film, video, pic5 ture, or computer or computer-generated image or

6 picture, whether made or produced by electronic,

7 mechanical, or other means, of sexually explicit con8 duct, where—

9 ‘‘(A) the production of such visual depic10 tion involves the use of a minor engaging in

11 sexually explicit conduct;

12 ‘‘(B) such visual depiction is, or appears to

13 be, of a minor engaging in sexually explicit con14 duct;

15 ‘‘(C) such visual depiction has been cre16 ated, adapted, or modified to appear that an

17 identifiable minor is engaging in sexually ex18 plicit conduct; or

19 ‘‘(D) such visual depiction is advertised,

20 promoted, presented, described, or distributed

21 in such a manner that conveys the impression

22 that the material is or contains a visual depic23 tion of a minor engaging in sexually explicit

24 conduct; and

25 ‘‘(9) ‘identifiable minor’—
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1 ‘‘(A) means a person—

2 ‘‘(i)(I) who was a minor at the time

3 the visual depiction was created, adapted,

4 or modified; or

5 ‘‘(II) whose image as a minor was

6 used in creating, adapting, or modifying

7 the visual depiction; and

8 ‘‘(ii) who is recognizable as an actual

9 person by the person’s face, likeness, or

10 other distinguishing characteristic, such as

11 a unique birthmark or other recognizable

12 feature; and

13 ‘‘(B) shall not be construed to require

14 proof of the actual identity of the identifiable

15 minor.’’.

16 Subsection 3. Prohibited Activities Relating to Mate17 rial Constituting or Containing Child

18 Pornography

19 (a) IN GENERAL.—Chapter 110 of title 18, United

20 States Code, is amended by adding after section 2252 the

21 following:

22 ‘‘§ 2252A. Certain activities relating to material con23 stituting or containing child pornography

24 ‘‘(a) Any person who—
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1 ‘‘(1) knowingly mails, or transports or ships in

2 interstate or foreign commerce by any means, in3 cluding by computer, any child pornography;

4 ‘‘(2) knowingly receives or distributes—

5 ‘‘(A) any child pornography that has been

6 mailed, or shipped or transported in interstate

7 or foreign commerce by any means, including

8 by computer; or

9 ‘‘(B) any material that contains child por10 nography that has been mailed, or shipped or

11 transported in interstate or foreign commerce

12 by any means, including by computer;

13 ‘‘(3) knowingly reproduces any child pornog14 raphy for distribution through the mails, or in inter15 state or foreign commerce by any means, including

16 by computer;

17 ‘‘(4) either—

18 ‘‘(A) in the special maritime and territorial

19 jurisdiction of the United States, or on any

20 land or building owned by, leased to, or other21 wise used by or under the control of the United

22 States Government, or in the Indian country

23 (as defined in section 1151), knowingly sells or

24 possesses with the intent to sell any child por25 nography; or
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1 ‘‘(B) knowingly sells or possesses with the

2 intent to sell any child pornography that has

3 been mailed, or shipped or transported in inter4 state or foreign commerce by any means, in5 cluding by computer, or that was produced

6 using materials that have been mailed, or

7 shipped or transported in interstate or foreign

8 commerce by any means, including by com9 puter; or

10 ‘‘(5) either—

11 ‘‘(A) in the special maritime and territorial

12 jurisdiction of the United States, or on any

13 land or building owned by, leased to, or other14 wise used by or under the control of the United

15 States Government, or in the Indian country

16 (as defined in section 1151), knowingly pos17 sesses any book, magazine, periodical, film, vid18 eotape, computer disk, or any other material

19 that contains 3 or more images of child pornog20 raphy; or

21 ‘‘(B) knowingly possesses any book, maga22 zine, periodical, film, videotape, computer disk,

23 or any other material that contains 3 or more

24 images of child pornography that has been

25 mailed, or shipped or transported in interstate
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1 or foreign commerce by any means, including

2 by computer, or that was produced using mate3 rials that have been mailed, or shipped or

4 transported in interstate or foreign commerce

5 by any means, including by computer,

6 shall be punished as provided in subsection (b).

7 ‘‘(b)(1) Whoever violates, or attempts or conspires to

8 violate, paragraphs (1), (2), (3), or (4) of subsection (a)

9 shall be fined under this title or imprisoned not more than

10 15 years, or both, but, if such person has a prior convic11 tion under this chapter or chapter 109A, or under the laws

12 of any State relating to aggravated sexual abuse, sexual

13 abuse, or abusive sexual conduct involving a minor or

14 ward, or the production, possession, receipt, mailing, sale,

15 distribution, shipment, or transportation of child pornog16 raphy, such person shall be fined under this title and im17 prisoned for not less than 5 years nor more than 30 years.

18 ‘‘(2) Whoever violates, or attempts or conspires to

19 violate, subsection (a)(5) shall be fined under this title or

20 imprisoned not more than 5 years, or both, but, if such

21 person has a prior conviction under this chapter or chapter

22 109A, or under the laws of any State relating to the pos23 session of child pornography, such person shall be fined

24 under this title and imprisoned for not less than 2 years

25 nor more than 10 years.
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1 ‘‘(c) It shall be an affirmative defense to a charge

2 of violating paragraphs (1), (2), (3), or (4) of subsection

3 (a) that—

4 ‘‘(1) the alleged child pornography was pro5 duced using an actual person or persons engaging in

6 sexually explicit conduct;

7 ‘‘(2) each such person was an adult at the time

8 the material was produced; and

9 ‘‘(3) the defendant did not advertise, promote,

10 present, describe, or distribute the material in such

11 a manner as to convey the impression that it is or

12 contains a visual depiction of a minor engaging in

13 sexually explicit conduct.’’.

14 (b) TECHNICAL AMENDMENT.—The table of sec15 tions for chapter 110 of title 18, United States Code, is

16 amended by adding after the item relating to section

17 2252 the following:

‘‘2252A. Certain activities relating to material constituting or containing child

pornography.’’.

18 Subsection 4. Penalties for Sexual Exploitation of

19 Children.

20 Section 2251(d) of title 18, United States Code,

21 is amended to read as follows:

22 ‘‘(d) Any individual who violates, or attempts or

23 conspires to violate, this section shall be fined under this

24 title or imprisoned not less than 10 years nor more than
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1 20 years, or both, but if such person has one prior con2 viction under this chapter or chapter 109A, or under the

3 laws of any State relating to the sexual exploitation of

4 children, such person shall be fined under this title and

5 imprisoned for not less than 15 years nor more than 30

6 years, but if such person has 2 or more prior convictions

7 under this chapter or chapter 109A, or under the laws

8 of any State relating to the sexual exploitation of chil9 dren, such person shall be fined under this title and im10 prisoned not less than 30 years nor more than life. Any

11 organization that violates, or attempts or conspires to

12 violate, this section shall be fined under this title. Who13 ever, in the course of an offense under this section, en14 gages in conduct that results in the death of a person,

15 shall be punished by death or imprisoned for any term

16 of years or for life.’’.

17 Subsection 5. Material Involving Sexual Exploitation

18 of Minors

19 Section 2252 of title 18, United States Code, is

20 amended by striking subsection (b) and inserting the fol21 lowing:

22 ‘‘(b)(1) Whoever violates, or attempts or conspires

23 to violate, paragraphs (1), (2), or (3) of subsection (a)

24 shall be fined under this title or imprisoned not more

25 than 15 years, or both, but if such person has a prior
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1 conviction under this chapter or chapter 109A, or under

2 the laws of any State relating to aggravated sexual

3 abuse, sexual abuse, or abusive sexual conduct involving

4 a minor or ward, or the production, possession, receipt,

5 mailing, sale, distribution, shipment, or transportation of

6 child pornography, such person shall be fined under this

7 title and imprisoned for not less than 5 years nor more

8 than 30 years.

9 ‘‘(2) Whoever violates, or attempts or conspires to

10 violate, paragraph (4) of subsection (a) shall be fined

11 under this title or imprisoned not more than 5 years, or

12 both, but if such person has a prior conviction under this

13 chapter or chapter 109A, or under the laws of any State

14 relating to the possession of child pornography, such per15 son shall be fined under this title and imprisoned for not

16 less than 2 years nor more than 10 years.’’.

17 Subsection 6. Privacy Protection Act Amendments

18 Section 101 of the Privacy Protection Act of 1980

19 (42 U.S.C. 2000aa) is amended—

20 (1) in subsection (a)(1), by inserting before the

21 parenthesis at the end the following: ‘‘, or if the of22 fense involves the production, possession, receipt,

23 mailing, sale, distribution, shipment, or transpor24 tation of child pornography, the sexual exploitation

25 of children, or the sale or purchase of children under
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1 section 2251, 2251A, 2252, or 2252A of title 18,

2 United States Code’’; and

3 (2) in subsection (b)(1), by inserting before the

4 parenthesis at the end the following: ‘‘, or if the of5 fense involves the production, possession, receipt,

6 mailing, sale, distribution, shipment, or transpor7 tation of child pornography, the sexual exploitation

8 of children, or the sale or purchase of children under

9 section 2251, 2251A, 2252, or 2252A of title 18,

10 United States Code’’.

11 Subsection 7. Amber Hagerman Child Protection Act

12 of 1996

13 (a) SHORT TITLE.—This section may be cited as

14 the ‘‘Amber Hagerman Child Protection Act of 1996’’.

15 (b) AGGRAVATED SEXUAL ABUSE OF A MINOR.—

16 Section 2241(c) of title 18, United States Code, is

17 amended to read as follows:

18 ‘‘(c) WITH CHILDREN.—Whoever crosses a State

19 line with intent to engage in a sexual act with a person

20 who has not attained the age of 12 years, or in the spe21 cial maritime and territorial jurisdiction of the United

22 States or in a Federal prison, knowingly engages in a

23 sexual act with another person who has not attained the

24 age of 12 years, or knowingly engages in a sexual act

25 under the circumstances described in subsections (a) and
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1 (b) with another person who has attained the age of 12

2 years but has not attained the age of 16 years (and is

3 at least 4 years younger than that person), or attempts

4 to do so, shall be fined under this title, imprisoned for

5 any term of years or life, or both. If the defendant has

6 previously been convicted of another Federal offense

7 under this subsection, or of a State offense that would

8 have been an offense under either such provision had the

9 offense occurred in a Federal prison, unless the death

10 penalty is imposed, the defendant shall be sentenced to

11 life in prison.’’.

12 (c) SEXUAL ABUSE OF A MINOR.—Section

13 2243(a) of title 18, United States Code, is amended by

14 inserting ‘‘crosses a State line with intent to engage in

15 a sexual act with a person who has not attained the age

16 of 12 years, or’’ after ‘‘Whoever’’.

17 Subsection 8. Severability

18 If any provision of this Act, including any provi19 sion or section of the definition of the term child pornog20 raphy, an amendment made by this Act, or the applica21 tion of such provision or amendment to any person or cir22 cumstance is held to be unconstitutional, the remainder

23 of this Act, including any other provision or section of

24 the definition of the term child pornography, the amend25 ments made by this Act, and the application of such to
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1 any other person or circumstance shall not be affected

2 thereby.

3 This title may be cited as the ‘‘Department of

4 Justice Appropriations Act, 1997’’.

5 TITLE II—DEPARTMENT OF COMMERCE AND

6 RELATED AGENCIES

7 TRADE AND INFRASTRUCTURE DEVELOPMENT

8 RELATED AGENCIES

9 OFFICE OF THE UNITED STATES TRADE

10 REPRESENTATIVE

11 SALARIES AND EXPENSES

12 For necessary expenses of the Office of the United

13 States Trade Representative, including the hire of pas14 senger motor vehicles and the employment of experts and

15 consultants as authorized by 5 U.S.C. 3109,

16 $21,449,000, of which $2,500,000 shall remain available

17 until expended: Provided, That not to exceed $98,000

18 shall be available for official reception and representation

19 expenses.

20 INTERNATIONAL TRADE COMMISSION

21 SALARIES AND EXPENSES

22 For necessary expenses of the International Trade

23 Commission, including hire of passenger motor vehicles,

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

25 exceed $2,500 for official reception and representation
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1 expenses, $40,850,000, to remain available until ex2 pended.

3 DEPARTMENT OF COMMERCE

4 INTERNATIONAL TRADE ADMINISTRATION

5 OPERATIONS AND ADMINISTRATION

6 For necessary expenses for international trade ac7 tivities of the Department of Commerce provided for by

8 law, and engaging in trade promotional activities abroad,

9 including expenses of grants and cooperative agreements

10 for the purpose of promoting exports of United States

11 firms, without regard to 44 U.S.C. 3702 and 3703; full

12 medical coverage for dependent members of immediate

13 families of employees stationed overseas and employees

14 temporarily posted overseas; travel and transportation of

15 employees of the United States and Foreign Commercial

16 Service between two points abroad, without regard to 49

17 U.S.C. 1517; employment of Americans and aliens by

18 contract for services; rental of space abroad for periods

19 not exceeding ten years, and expenses of alteration, re20 pair, or improvement; purchase or construction of tem21 porary demountable exhibition structures for use abroad;

22 payment of tort claims, in the manner authorized in the

23 first paragraph of 28 U.S.C. 2672 when such claims

24 arise in foreign countries; not to exceed $327,000 for of25 ficial representation expenses abroad; purchase of pas-
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1 senger motor vehicles for official use abroad, not to ex2 ceed $30,000 per vehicle; obtain insurance on official

3 motor vehicles; and rent tie lines and teletype equipment;

4 $270,000,000, to remain available until expended: Pro5 vided, That the provisions of the first sentence of section

6 105(f) and all of section 108(c) of the Mutual Edu7 cational and Cultural Exchange Act of 1961 (22 U.S.C.

8 2455(f) and 2458(c)) shall apply in carrying out these

9 activities without regard to section 5412 of the Omnibus

10 Trade and Competitiveness Act of 1988 (15 U.S.C.

11 4912); and that for the purpose of this Act, contributions

12 under the provisions of the Mutual Educational and Cul13 tural Exchange Act shall include payment for assess14 ments for services provided as part of these activities.

15 EXPORT ADMINISTRATION

16 OPERATIONS AND ADMINISTRATION

17 For necessary expenses for export administration

18 and national security activities of the Department of

19 Commerce, including costs associated with the perform20 ance of export administration field activities both domes21 tically and abroad; full medical coverage for dependent

22 members of immediate families of employees stationed

23 overseas; employment of Americans and aliens by con24 tract for services abroad; rental of space abroad for peri25 ods not exceeding ten years, and expenses of alteration,
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1 repair, or improvement; payment of tort claims, in the

2 manner authorized in the first paragraph of 28 U.S.C.

3 2672 when such claims arise in foreign countries; not to

4 exceed $15,000 for official representation expenses

5 abroad; awards of compensation to informers under the

6 Export Administration Act of 1979, and as authorized by

7 22 U.S.C. 401(b); purchase of passenger motor vehicles

8 for official use and motor vehicles for law enforcement

9 use with special requirement vehicles eligible for purchase

10 without regard to any price limitation otherwise estab11 lished by law; $36,000,000, to remain available until ex12 pended: Provided, That the provisions of the first sen13 tence of section 105(f) and all of section 108(c) of the

14 Mutual Educational and Cultural Exchange Act of 1961

15 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying

16 out these activities: Provided further,That payments and

17 contributions collected and accepted for materials or serv18 ices provided as part of such activities may be retained

19 for use in covering the cost of such activities, and for

20 providing information to the public with respect to the

21 export administration and national security activities of

22 the Department of Commerce and other export control

23 programs of the United States and other governments.

24 For an additional amount for nonproliferation ef25 forts to prevent illegal exports of chemical weapon pre-
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1 cursors, biological agents, nuclear weapons and missile

2 development equipment, $3,900,000, to remain available

3 until expended: Provided, That the entire amount is des4 ignated by Congress as an emergency requirement pursu5 ant to section 251(b)(2)(D)(i) of the Balanced Budget

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

7 ECONOMIC DEVELOPMENT ADMINISTRATION

8 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

9 For grants for economic development assistance

10 as provided by the Public Works and Economic Develop11 ment Act of 1965, as amended, Public Law 91–304, and

12 such laws that were in effect immediately before Septem13 ber 30, 1982, and for trade adjustment assistance,

14 $328,500,000: Provided, That none of the funds appro15 priated or otherwise made available under this heading

16 may be used directly or indirectly for attorneys’ or con17 sultants’ fees in connection with securing grants and con18 tracts made by the Economic Development Administra19 tion: Provided further, That, notwithstanding any other

20 provision of law, the Secretary of Commerce may provide

21 financial assistance for projects to be located on military

22 installations closed or scheduled for closure or realign23 ment to grantees eligible for assistance under the Public

24 Works and Economic Development Act of 1965, as

25 amended, without it being required that the grantee have
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1 title or ability to obtain a lease for the property, for the

2 useful life of the project, when in the opinion of the Sec3 retary of Commerce, such financial assistance is nec4 essary for the economic development of the area: Pro5 vided further, That the Secretary of Commerce may, as

6 the Secretary considers appropriate, consult with the Sec7 retary of Defense regarding the title to land on military

8 installations closed or scheduled for closure or realign9 ment.

10 SALARIES AND EXPENSES

11 For necessary expenses of administering the eco12 nomic development assistance programs as provided for

13 by law, $20,036,000: Provided, That these funds may be

14 used to monitor projects approved pursuant to title I of

15 the Public Works Employment Act of 1976, as amended,

16 title II of the Trade Act of 1974, as amended, and the

17 Community Emergency Drought Relief Act of 1977.

18 MINORITY BUSINESS DEVELOPMENT AGENCY

19 MINORITY BUSINESS DEVELOPMENT

20 For necessary expenses of the Department of

21 Commerce in fostering, promoting, and developing minor22 ity business enterprise, including expenses of grants, con23 tracts, and other agreements with public or private orga24 nizations, $28,000,000: Provided, That of the total

25 amount provided, $2,000,000 shall be available for obli26 gation and expenditure only for projects jointly devel-
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1 oped, implemented and administered with the Small

2 Business Administration.

3 ECONOMIC AND INFORMATION INFRASTRUCTURE

4 ECONOMIC AND STATISTICAL ANALYSIS

5 SALARIES AND EXPENSES

6 For necessary expenses, as authorized by law, of

7 economic and statistical analysis programs of the Depart8 ment of Commerce, $45,900,000, to remain available

9 until September 30, 1998.

10 ECONOMICS AND STATISTICS ADMINISTRATION

11 REVOLVING FUND

12 The Secretary of Commerce is authorized to dis13 seminate economic and statistical data products as au14 thorized by sections 1, 2, and 4 of Public Law 91–412

15 (15 U.S.C. 1525–1527) and, notwithstanding section

16 5412 of the Omnibus Trade and Competitiveness Act of

17 1988 (15 U.S.C. 4912), charge fees necessary to recover

18 the full costs incurred in their production. Notwithstand19 ing 31 U.S.C. 3302, receipts received from these data

20 dissemination activities shall be credited to this account,

21 to be available for carrying out these purposes without

22 further appropriation.
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1 BUREAU OF THE CENSUS

2 SALARIES AND EXPENSES

3 For expenses necessary for collecting, compiling,

4 analyzing, preparing, and publishing statistics, provided

5 for by law, $135,000,000.

6 PERIODIC CENSUSES AND PROGRAMS

7 For expenses necessary to collect and publish sta8 tistics for periodic censuses and programs provided for by

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

10 NATIONAL TELECOMMUNICATIONS AND INFORMATION

11 ADMINISTRATION

12 SALARIES AND EXPENSES

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

14 the National Telecommunications and Information Ad15 ministration (NTIA), $15,000,000, to remain available

16 until expended: Provided, That notwithstanding 31

17 U.S.C. 1535(d), the Secretary of Commerce shall charge

18 Federal agencies for costs incurred in spectrum manage19 ment, analysis, and operations, and related services and

20 such fees shall be retained and used as offsetting collec21 tions for costs of such spectrum services, to remain avail22 able until expended: Provided further, That hereafter,

23 notwithstanding any other provision of law, NTIA shall

24 not authorize spectrum use or provide any spectrum

25 functions pursuant to the NTIA Organization Act, 47

26 U.S.C. §§ 902–903, to any Federal entity without reim-
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1 bursement as required by NTIA for such spectrum man2 agement costs, and Federal entities withholding payment

3 of such cost shall not use spectrum: Provided further,

4 That the Secretary of Commerce is authorized to retain

5 and use as offsetting collections all funds transferred, or

6 previously transferred, from other Government agencies

7 for all costs incurred in telecommunications research, en8 gineering, and related activities by the Institute for Tele9 communication Sciences of the NTIA, in furtherance of

10 its assigned functions under this paragraph, and such

11 funds received from other Government agencies shall re12 main available until expended.

13 PUBLIC BROADCASTING FACILITIES, PLANNING AND

14 CONSTRUCTION

15 For grants authorized by section 392 of the Com16 munications Act of 1934, as amended, $15,250,000, to

17 remain available until expended as authorized by section

18 391 of the Act, as amended: Provided, That not to exceed

19 $1,500,000 shall be available for program administration

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

21 That notwithstanding the provisions of section 391 of the

22 Act, the prior year unobligated balances may be made

23 available for grants for projects for which applications

24 have been submitted and approved during any fiscal year.
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1 INFORMATION INFRASTRUCTURE GRANTS

2 For grants authorized by section 392 of the Com3 munications Act of 1934, as amended, $21,490,000, to

4 remain available until expended as authorized by section

5 391 of the Act, as amended: Provided, That not to exceed

6 $3,000,000 shall be available for program administration

7 and other support activities as authorized by section 391:

8 Provided further, That of the funds appropriated herein,

9 not to exceed 5 percent may be available for tele10 communications research activities for projects related di11 rectly to the development of a national information infra12 structure: Provided further, That notwithstanding the re13 quirements of section 392(a) and 392(c) of the Act, these

14 funds may be used for the planning and construction of

15 telecommunications networks for the provision of edu16 cational, cultural, health care, public information, public

17 safety, or other social services.

18 PATENT AND TRADEMARK OFFICE

19 SALARIES AND EXPENSES

20 For necessary expenses of the Patent and Trade21 mark Office provided for by law, including defense of

22 suits instituted against the Commissioner of Patents and

23 Trademarks, $61,252,000, to remain available until ex24 pended: Provided, That the funds made available under

25 this heading are to be derived from deposits in the Pat-
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1 ent and Trademark Office Fee Surcharge Fund as au2 thorized by law: Provided further, That the amounts

3 made available under the Fund shall not exceed amounts

4 deposited; and such fees as shall be collected pursuant to

5 15 U.S.C. 1113 and 35 U.S.C. 41 and 376, shall remain

6 available until expended.

7 TECHNOLOGY ADMINISTRATION

8 UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF

9 TECHNOLOGY POLICY

10 SALARIES AND EXPENSES

11 For necessary expenses for the Under Secretary

12 for Technology/Office of Technology Policy, $9,500,000:

13 Provided, That $2,500,000 of the total amount provided

14 under this heading shall be available to support the Unit15 ed States-Israel Science and Technology Commission.

16 SCIENCE AND TECHNOLOGY

17 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

18 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

19 For necessary expenses of the National Institute

20 of Standards and Technology, $268,000,000, to remain

21 available until expended, of which not to exceed

22 $1,625,000 may be transferred to the ‘‘Working Capital

23 Fund’’.

24 INDUSTRIAL TECHNOLOGY SERVICES

25 For necessary expenses of the Manufacturing Ex26 tension Partnership of the National Institute of Stand-
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1 ards and Technology, $95,000,000, to remain available

2 until expended, of which not to exceed $300,000 may be

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

4 That notwithstanding the time limitations imposed by 15

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

6 financial assistance that may be awarded by the Sec7 retary of Commerce to Regional Centers for the transfer

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

9 financial assistance for a Center may continue beyond six

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

11 exceed one year, at a rate not to exceed one-third of the

12 Center’s total annual costs, subject before any such re13 newal to a positive evaluation of the Center and to a

14 finding by the Secretary of Commerce that continuation

15 of Federal funding to the Center is in the best interest

16 of the Regional Centers for the transfer of Manufactur17 ing Technology Program.

18 In addition, for necessary expenses of the Ad19 vanced Technology Program of the National Institute of

20 Standards and Technology, $225,000,000, to remain

21 available until expended, of which not to exceed $500,000

22 may be transferred to the ‘‘Working Capital Fund.’’
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1 NATIONAL OCEANIC AND ATMOSPHERIC

2 ADMINISTRATION

3 OPERATIONS, RESEARCH, AND FACILITIES

4 (INCLUDING TRANSFER OF FUNDS)

5 For necessary expenses of activities authorized by

6 law for the National Oceanic and Atmospheric Adminis7 tration, including acquisition, maintenance, operation,

8 and hire of aircraft; not to exceed 299 commissioned offi9 cers on the active list as of September 30, 1997; grants,

10 contracts, or other payments to nonprofit organizations

11 for the purposes of conducting activities pursuant to co12 operative agreements; and alteration, modernization, and

13 relocation of facilities as authorized by 33 U.S.C. 883i;

14 $1,854,067,000, to remain available until expended: Pro15 vided, That notwithstanding 31 U.S.C. 3302 but consist16 ent with other existing law, fees shall be assessed, col17 lected, and credited to this appropriation as offsetting

18 collections to be available until expended, to recover the

19 costs of administering aeronautical charting programs:

20 Provided further, That the sum herein appropriated from

21 the general fund shall be reduced as such additional fees

22 are received during fiscal year 1997, so as to result in

23 a final general fund appropriation estimated at not more

24 than $1,851,067,000: Provided further, That any such

25 additional fees received in excess of $3,000,000 in fiscal

26 year 1997 shall not be available for obligation until Octo-
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1 ber 1, 1997: Provided further, That fees and donations

2 received by the National Ocean Service for the manage3 ment of the national marine sanctuaries may be retained

4 and used for the salaries and expenses associated with

5 those activities, notwithstanding 31 U.S.C. 3302: Pro6 vided further, That in addition, $66,000,000 shall be de7 rived by transfer from the fund entitled ‘‘Promote and

8 Develop Fishery Products and Research Pertaining to

9 American Fisheries’’: Provided further, That grants to

10 States pursuant to sections 306 and 306A of the Coastal

11 Zone Management Act of 1972, as amended, shall not ex12 ceed $2,000,000: Provided further, That not later than

13 November 15, 1996, the Department of Commerce, in

14 conjunction with the National Oceanic and Atmospheric

15 Administration, shall submit to the appropriate commit16 tees of the Congress, a long-term plan and a legislative

17 proposal necessary to implement such plan regarding the

18 continuation of a National Oceanic and Atmospheric Ad19 ministration commissioned corps.

20 COASTAL ZONE MANAGEMENT FUND

21 Of amounts collected pursuant to section 308 of

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

23 1456a), not to exceed $7,800,000, for purposes set forth

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

25 such Act.
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1 CONSTRUCTION

2 For repair and modification of, and additions to,

3 existing facilities and construction of new facilities, and

4 for facility planning and design and land acquisition not

5 otherwise provided for the National Oceanic and Atmos6 pheric Administration, $58,250,000, to remain available

7 until expended, of which $8,500,000 shall be available

8 only for a grant to the University of New Hampshire for

9 construction and related expenses for an environmental

10 technology facility.

11 FLEET MODERNIZATION, SHIPBUILDING AND

12 CONVERSION

13 For expenses necessary for the repair, acquisition,

14 leasing, or conversion of vessels, including related equip15 ment to maintain and modernize the existing fleet and to

16 continue planning the modernization of the fleet, for the

17 National Oceanic and Atmospheric Administration,

18 $8,000,000, to remain available until expended.

19 FISHING VESSEL AND GEAR DAMAGE COMPENSATION

20 FUND

21 For carrying out the provisions of section 3 of

22 Public Law 95–376, not to exceed $200,000, to be de23 rived from receipts collected pursuant to subsections (b)

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

25 of 1967 (22 U.S.C. 1980), to remain available until ex26 pended.
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1 FISHERMEN’S CONTINGENCY FUND

2 For carrying out the provisions of title IV of Pub3 lic Law 95–372, not to exceed $1,000,000, to be derived

4 from receipts collected pursuant to that Act, to remain

5 available until expended.

6 FOREIGN FISHING OBSERVER FUND

7 For expenses necessary to carry out the provisions

8 of the Atlantic Tunas Convention Act of 1975, as amend9 ed (Public Law 96–339), the Magnuson Fishery Con10 servation and Management Act of 1976, as amended

11 (Public Law 100–627), and the American Fisheries Pro12 motion Act (Public Law 96–561), to be derived from the

13 fees imposed under the foreign fishery observer program

14 authorized by these Acts, not to exceed $196,000, to re15 main available until expended.

16 FISHING VESSEL OBLIGATIONS GUARANTEES

17 For the cost of guaranteed loans, $250,000, as

18 authorized by the Merchant Marine Act of 1936, as

19 amended: Provided, That such costs, including the cost of

20 modifying such loans, shall be as defined in section 502

21 of the Congressional Budget Act of 1974: Provided fur22 ther, That none of the funds made available under this

23 heading may be used to guarantee loans for any new fish24 ing vessel that will increase the harvesting capacity in

25 any United States fishery.
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1 GENERAL ADMINISTRATION

2 SALARIES AND EXPENSES

3 For expenses necessary for the general adminis4 tration of the Department of Commerce provided for by

5 law, including not to exceed $3,000 for official entertain6 ment, $28,490,000.

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. 1–11

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

12 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

13 CONSTRUCTION OF RESEARCH FACILITIES

14 (RESCISSION)

15 Of the obligated and unobligated balances avail16 able under this heading, $16,000,000 are rescinded.

17 NATIONAL OCEANIC AND ATMOSPHERIC

18 ADMINISTRATION

19 OPERATIONS, RESEARCH, AND FACILITIES

20 (RESCISSION)

21 Of the unobligated balances available under this

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

23 GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

24 SEC. 201. During the current fiscal year, applica25 ble appropriations and funds made available to the De26 partment of Commerce by this Act shall be available for
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1 the activities specified in the Act of October 26, 1949 (15

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

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

4 be used for advanced payments not otherwise authorized

5 only upon the certification of officials designated by the

6 Secretary that such payments are in the public interest.

7 SEC. 202. During the current fiscal year, appro8 priations made available to the Department of Commerce

9 by this Act for salaries and expenses shall be available

10 for hire of passenger motor vehicles as authorized by 31

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

12 U.S.C. 3109; and uniforms or allowances therefor, as au13 thorized by law (5 U.S.C. 5901–5902).

14 SEC. 203. None of the funds made available by

15 this Act may be used to support the hurricane reconnais16 sance aircraft and activities that are under the control of

17 the United States Air Force or the United States Air

18 Force Reserve.

19 SEC. 204. None of the funds provided in this or

20 any previous Act, or hereinafter made available to the

21 Department of Commerce, shall be available to reimburse

22 the Unemployment Trust Fund or any other fund or ac23 count of the Treasury to pay for any expenses paid be24 fore October 1, 1992, as authorized by section 8501 of

25 title 5, United States Code, for services performed after
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1 April 20, 1990, by individuals appointed to temporary po2 sitions within the Bureau of the Census for purposes re3 lating to the 1990 decennial census of population.

4 SEC. 205. Not to exceed 5 percent of any appro5 priation made available for the current fiscal year for the

6 Department of Commerce in this Act may be transferred

7 between such appropriations, but no such appropriation

8 shall be increased by more than 10 percent by any such

9 transfers: Provided, That any transfer pursuant to this

10 section shall be treated as a reprogramming of funds

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

12 for obligation or expenditure except in compliance with

13 the procedures set forth in that section.

14 SEC. 206. (a) Should legislation be enacted to dis15 mantle or reorganize the Department of Commerce, the

16 Secretary of Commerce, no later than 90 days thereafter,

17 shall submit to the Committees on Appropriations of the

18 House and the Senate a plan for transferring funds pro19 vided in this Act to the appropriate successor organiza20 tions: Provided, That the plan shall include a proposal for

21 transferring or rescinding funds appropriated herein for

22 agencies or programs terminated under such legislation:

23 Provided further, That such plan shall be transmitted in

24 accordance with section 605 of this Act.
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1 (b) The Secretary of Commerce or the appropriate

2 head of any successor organization(s) may use any avail3 able funds to carry out legislation dismantling or reor4 ganizing the Department of Commerce to cover the costs

5 of actions relating to the abolishment, reorganization, or

6 transfer of functions and any related personnel action, in7 cluding voluntary separation incentives if authorized by

8 such legislation: Provided, That the authority to transfer

9 funds between appropriations accounts that may be nec10 essary to carry out this section is provided in addition to

11 authorities included under section 205 of this Act: Pro12 vided further, That use of funds to carry out this section

13 shall be treated as a reprogramming of funds under sec14 tion 605 of this Act and shall not be available for obliga15 tion or expenditure except in compliance with the proce16 dures set forth in that section.

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

18 agency funded under this title resulting from personnel

19 actions taken in response to funding reductions included

20 in this title shall be absorbed within the total budgetary

21 resources available to such Department or agency: Pro22 vided, That the authority to transfer funds between ap23 propriations accounts as may be necessary to carry out

24 this section is provided in addition to authorities included

25 elsewhere in this Act: Provided further, That use of funds
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1 to carry out this section shall be treated as a reprogram2 ming of funds under section 605 of this Act and shall not

3 be available for obligation or expenditure except in com4 pliance with the procedure set forth in that section.

5 SEC. 208. None of the funds appropriated under

6 this Act or any other Act henceforth may be used to de7 velop new fishery management plans, amendments, or

8 regulations which create new individual fishing quota pro9 grams (whether such quotas are transferable or not) or

10 to implement any such plans, amendments or regulations

11 approved by a Regional Fishery Management Council or

12 the Secretary after January 4, 1995, until offsetting fees

13 to pay for the cost of administering such plans, amend14 ments, or regulations are expressly authorized under the

15 Magnuson Fishery Conservation and Management Act

16 (16 U.S.C. 1801 et seq.). This restriction shall also apply

17 to any program relating to the Gulf of Mexico commercial

18 red snapper fishery that authorizes the consolidation of

19 licenses, permits or endorsements that result in different

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

21 shall not apply in any way to the North Pacific halibut

22 and sablefish, South Atlantic wreckfish, or the Mid-At23 lantic surfclam and ocean (including mahogany) quohog

24 individual fishing quota programs. The term ‘‘individual
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1 fishing quota’’ does not include a community development

2 quota.

3 SEC. 209. The Secretary may award contracts for

4 hydrographic, geodetic, and photogrammetric surveying

5 and mapping services in accordance with title IX of the

6 Federal Property and Administrative Services Act of

7 1949 (40 U.S.C. 541 et seq.).

8 SEC. 210. There is hereby established the Bureau

9 of the Census Working Capital Fund, which shall be

10 available without fiscal year limitation, for expenses and

11 equipment necessary for the maintenance and operation

12 of such services and projects as the Director of the Cen13 sus Bureau determines may be performed more advan14 tageously when centralized: Provided, That such central

15 services shall, to the fullest extent practicable, be used to

16 make unnecessary the maintenance of separate like serv17 ices in the divisions and offices of the Bureau: Provided

18 further, That a separate schedule of expenditures and re19 imbursements, and a statement of the current assets and

20 liabilities of the Working Capital Fund as of the close of

21 the last completed fiscal year, shall be prepared each

22 year: Provided further, That notwithstanding 31 U.S.C.

23 3302, the Working Capital Fund may be credited with

24 advances and reimbursements from applicable appropria25 tions of the Bureau and from funds of other agencies or
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1 entities for services furnished pursuant to law: Provided

2 further, That any inventories, equipment, and other as3 sets pertaining to the services to be provided by such

4 funds, either on hand or on order, less the related liabil5 ities or unpaid obligations, and any appropriations made

6 hereafter for the purpose of providing capital, shall be

7 used to capitalize the Working Capital Fund: Provided

8 further, That the Working Capital Fund shall provide for

9 centralized services at rates which will return in full all

10 expenses of operation, including depreciation of fund

11 plant and equipment, amortization of automated data

12 processing software and hardware systems, and an

13 amount necessary to maintain a reasonable operating re14 serve as determined by the Director.

15 SEC. 211. (a) Effective 15 days after the enact16 ment of the Sustainable Fisheries Act, section 1 of the

17 Magnuson Fishery Conservation and Management Act

18 (16 U.S.C. 1801) shall be amended to read as follows:

19 ‘‘That this Act may be cited as the ‘Magnuson-Stevens

20 Fishery Conservation and Management Act’.’’

21 (b) Effective 15 days after the enactment of the

22 Sustainable Fisheries Act, all references to the Magnuson

23 Fishery Conservation and Management Act shall be re24 designated as references to the Magnuson-Stevens Fish25 ery Conservation and Management Act.
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1 This title may be cited as the ‘‘Department of

2 Commerce and Related Agencies Appropriations Act,

3 1997’’.

4 TITLE III—THE JUDICIARY

5 SUPREME COURT OF THE UNITED STATES

6 SALARIES AND EXPENSES

7 For expenses necessary for the operation of the

8 Supreme Court, as required by law, excluding care of the

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

10 maintenance, and operation of an automobile for the

11 Chief Justice, not to exceed $10,000 for the purpose of

12 transporting Associate Justices, and hire of passenger

13 motor vehicles as authorized by 31 U.S.C. 1343 and

14 1344; not to exceed $10,000 for official reception and

15 representation expenses; and for miscellaneous expenses,

16 to be expended as the Chief Justice may approve;

17 $27,157,000.

18 CARE OF THE BUILDING AND GROUNDS

19 For such expenditures as may be necessary to en20 able the Architect of the Capitol to carry out the duties

21 imposed upon him by the Act approved May 7, 1934 (40

22 U.S.C. 13a–13b), $2,800,000, of which $260,000 shall

23 remain available until expended.
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1 UNITED STATES COURT OF APPEALS FOR THE FEDERAL

2 CIRCUIT

3 SALARIES AND EXPENSES

4 For salaries of the chief judge, judges, and other

5 officers and employees, and for necessary expenses of the

6 court, as authorized by law, $15,013,000.

7 UNITED STATES COURT OF INTERNATIONAL TRADE

8 SALARIES AND EXPENSES

9 For salaries of the chief judge and eight judges,

10 salaries of the officers and employees of the court, serv11 ices as authorized by 5 U.S.C. 3109, and necessary ex12 penses of the court, as authorized by law, $11,114,000.

13 COURTS OF APPEALS, DISTRICT COURTS, AND OTHER

14 JUDICIAL SERVICES

15 SALARIES AND EXPENSES

16 (INCLUDING TRANSFER OF FUNDS)

17 For the salaries of circuit and district judges (in18 cluding judges of the territorial courts of the United

19 States), justices and judges retire from office or from

20 regular active service, judges of the United States Court

21 of Federal Claims, bankruptcy judges, magistrate judges,

22 and all other officers and employees of the Federal Judi23 ciary not otherwise specifically provided for, and nec24 essary expenses of the courts, as authorized by law,

25 $2,556,000,000 (including the purchase of firearms and

26 ammunition); of which not to exceed $13,454,000 shall
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1 remain available until expended for space alteration

2 projects; of which $500,000 shall be transferred to the

3 Commission on Structural Alternatives for the Federal

4 Courts of Appeals only after legislation is enacted to es5 tablish the Commission; of which not to exceed

6 $10,000,000 shall remain available until expended for

7 furniture and furnishings related to new space alteration

8 and construction projects; and of which $500,000 is to

9 remain available until expended for acquisition of books,

10 periodicals, and newspapers, and all other legal reference

11 materials, including subscriptions.

12 In addition, for expenses of the United States

13 Court of Federal Claims associated with processing cases

14 under the National Childhood Vaccine Injury Act of

15 1986, not to exceed $2,390,000, to be appropriated from

16 the Vaccine Injury Compensation Trust Fund.

17 For an additional amount for expenses relating to

18 additional workload from the Antiterrorism and Effective

19 Death Penalty Act of 1996, and for Court Security

20 needs, $10,000,000, to remain available until expended:

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: Provided fur25 ther, That the amount not previously designated by the
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1 President as an emergency requirement shall be available

2 only to the extent an official budget request, for a spe3 cific dollar amount that includes designation of the entire

4 amount of the request as an emergency requirement, as

5 defined in the Balanced Budget and Emergency Deficit

6 Control Act of 1985, as amended, is transmitted to Con7 gress.

8 VIOLENT CRIME REDUCTION PROGRAMS

9 For activities of the Federal Judiciary as author10 ized by law, $30,000,000, to remain available until ex11 pended, which shall be derived from the Violent Crime

12 Reduction Trust Fund, as authorized by section

13 190001(a) of Public Law 103–322.

14 DEFENDER SERVICES

15 For the operation of Federal Public Defender and

16 Community Defender organizations; the compensation

17 and reimbursement of expenses of attorneys appointed to

18 represent persons under the Criminal Justice Act of

19 1964, as amended; the compensation and reimbursement

20 of expenses of persons furnishing investigative, expert

21 and other services under the Criminal Justice Act (18

22 U.S.C. 3006A(e)); the compensation (in accordance with

23 Criminal Justice Act maximums) and reimbursement of

24 expenses of attorneys appointed to assist the court in

25 criminal cases where the defendant has waived represen26 tation by counsel; the compensation and reimbursement
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1 of travel expenses of guardians ad litem acting on behalf

2 of financially eligible minor or incompetent offenders in

3 connection with transfers from the United States to for4 eign countries with which the United States has a treaty

5 for the execution of penal sentences; and the compensa6 tion of attorneys appointed to represent jurors in civil ac7 tions for the protection of their employment, as author8 ized by 28 U.S.C. 1875(d); $308,000,000, to remain

9 available until expended as authorized by 18 U.S.C.

10 3006A(i).

11 FEES OF JURORS AND COMMISSIONERS

12 For fees and expenses of jurors as authorized by

13 28 U.S.C. 1871 and 1876; compensation of jury commis14 sioners as authorized by 28 U.S.C. 1863; and compensa15 tion of commissioners appointed in condemnation cases

16 pursuant to rule 71A(h) of the Federal Rules of Civil

17 Procedure (28 U.S.C. Appendix Rule 71A(h));

18 $67,000,000, to remain available until expended: Pro19 vided, That the compensation of land commissioners shall

20 not exceed the daily equivalent of the highest rate pay21 able under section 5332 of title 5, United States Code.

22 COURT SECURITY

23 For necessary expenses, not otherwise provided

24 for, incident to the procurement, installation, and mainte25 nance of security equipment and protective services for

26 the United States Courts in courtrooms and adjacent
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1 areas, including building ingress-egress control, inspec2 tion of packages, directed security patrols, and other

3 similar activities as authorized by section 1010 of the Ju4 dicial Improvement and Access to Justice Act (Public

5 Law 100–702); $127,000,000, to be expended directly or

6 transferred to the United States Marshals Service which

7 shall be responsible for administering elements of the Ju8 dicial Security Program consistent with standards or

9 guidelines agreed to by the Director of the Administrative

10 Office of the United States Courts and the Attorney Gen11 eral.

12 ADMINISTRATIVE OFFICE OF THE UNITED STATES

13 COURTS

14 SALARIES AND EXPENSES

15 For necessary expenses of the Administrative Of16 fice of the United States Courts as authorized by law, in17 cluding travel as authorized by 31 U.S.C. 1345, hire of

18 a passenger motor vehicle as authorized by 31 U.S.C.

19 1343(b), advertising and rent in the District of Columbia

20 and elsewhere, $49,450,000, of which not to exceed

21 $7,500 is authorized for official reception and representa22 tion expenses.
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1 FEDERAL JUDICIAL CENTER

2 SALARIES AND EXPENSES

3 For necessary expenses of the Federal Judicial

4 Center, as authorized by Public Law 90–219,

5 $17,495,000; of which $1,800,000 shall remain available

6 through September 30, 1998, to provide education and

7 training to Federal court personnel; and of which not to

8 exceed $1,000 is authorized for official reception and rep9 resentation expenses.

10 JUDICIAL RETIREMENT FUNDS

11 PAYMENT TO JUDICIARY TRUST FUNDS

12 For payment to the Judicial Officers’ Retirement

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

14 to the Judicial Survivors’ Annuities Fund, as authorized

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

16 States Court of Federal Claims Judges’ Retirement

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

18 UNITED STATES SENTENCING COMMISSION

19 SALARIES AND EXPENSES

20 For the salaries and expenses necessary to carry

21 out the provisions of chapter 58 of title 28, United States

22 Code, $8,490,000, of which not to exceed $1,000 is au23 thorized for official reception and representation ex24 penses.
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1 GENERAL PROVISIONS—THE JUDICIARY

2 SEC. 301. Appropriations and authorizations

3 made in this title which are available for salaries and ex4 penses shall be available for services as authorized by 5

5 U.S.C. 3109.

6 SEC. 302. Appropriations made in this title shall

7 be available for salaries and expenses of the Special

8 Court established under the Regional Rail Reorganization

9 Act of 1973, Public Law 93–236.

10 SEC. 303. Not to exceed 5 percent of any appro11 priation made available for the current fiscal year for the

12 Judiciary in this Act may be transferred between such

13 appropriations, but no such appropriation, except

14 ‘‘Courts of Appeals, District Courts, and other Judicial

15 Services, Defender Services’’ and ‘‘Courts of Appeals,

16 District Courts, and other Judicial Services, Fees of Ju17 rors and Commissioners’’, shall be increased by more

18 than 10 percent by any such transfers: Provided, That

19 any transfer pursuant to this section shall be treated as

20 a reprogramming of funds under section 605 of this Act

21 and shall not be available for obligation or expenditure

22 except in compliance with the procedures set forth in that

23 section.

24 SEC. 304. Notwithstanding any other provision of

25 law, the salaries and expenses appropriation for district
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1 courts, courts of appeals, and other judicial services shall

2 be available for official reception and representation ex3 penses of the Judicial Conference of the United States:

4 Provided, That such available funds shall not exceed

5 $10,000 and shall be administered by the Director of the

6 Administrative Office of the United States Courts in his

7 capacity as Secretary of the Judicial Conference.

8 SEC. 305. Section 612(l) of title 28, United States

9 Code, shall be amended as follows: strike ‘‘1997’’, and in10 sert in lieu thereof ‘‘1998’’.

11 SEC. 306. None of the funds available to the Judi12 ciary in fiscal years 1996 and 1997 and hereafter shall

13 be available for expenses authorized pursuant to section

14 802(a) of title VIII of section 101(a) of title I of the Om15 nibus Consolidated Rescissions and Appropriations Act of

16 1996, Public Law 104–134, for costs related to the ap17 pointment of Special Masters prior to April 26, 1996.

18 SEC. 307. The United States courthouse at 310

19 West Sixth Street in Medford, Oregon, shall be known

20 and designated as the ‘‘James A. Redden Federal Court21 house’’.

22 Any reference in a law, map, regulation, docu23 ment, paper, or other record of the United States to the

24 United States courthouse at 310 West Sixth Street in
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1 Medford, Oregon, shall be deemed to be a reference to

2 the ‘‘James A. Redden Federal Courthouse’’.

3 This title may be cited as ‘‘The Judiciary Appro4 priations Act, 1997’’.

5 TITLE IV—DEPARTMENT OF STATE AND

6 RELATED AGENCIES

7 DEPARTMENT OF STATE

8 ADMINISTRATION OF FOREIGN AFFAIRS

9 DIPLOMATIC AND CONSULAR PROGRAMS

10 For necessary expenses of the Department of

11 State and the Foreign Service not otherwise provided for,

12 including expenses authorized by the State Department

13 Basic Authorities Act of 1956, as amended; representa14 tion to certain international organizations in which the

15 United States participates pursuant to treaties, ratified

16 pursuant to the advice and consent of the Senate, or spe17 cific Acts of Congress; acquisition by exchange or pur18 chase of passenger motor vehicles as authorized by 31

19 U.S.C. 1343, 40 U.S.C. 481(c) and 22 U.S.C. 2674; and

20 for expenses of general administration; $1,700,450,000:

21 Provided, That notwithstanding section 140(a)(5), and

22 the second sentence of section 140(a)(3), of the Foreign

23 Relations Authorization Act, Fiscal Years 1994 and 1995

24 (Public Law 103–236), not to exceed $150,000,000 of

25 fees may be collected during fiscal year 1997 under the
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1 authority of section 140(a)(1) of that Act: Provided fur2 ther, That all fees collected under the preceding proviso

3 shall be deposited in fiscal year 1997 as an offsetting col4 lection to appropriations made under this heading to re5 cover the costs of providing consular services and shall

6 remain available until expended: Provided further, That in

7 fiscal year 1998, a system shall be in place that allocates

8 to each department and agency the full cost of its pres9 ence outside of the United States.

10 Of the funds provided under this heading,

11 $24,856,000 shall be available only for the Diplomatic

12 Telecommunications Service for operation of existing base

13 services and not to exceed $17,230,000 shall be available

14 only for the enhancement of the Diplomatic Tele15 communications Service and shall remain available until

16 expended. Of the latter amount, $2,500,000 shall not be

17 made available until expiration of the 15 day period be18 ginning on the date when the Secretary of State and the

19 Director of the Diplomatic Telecommunications Service

20 submit the pilot program report required by section 507

21 of Public Law 103–317.

22 In addition, not to exceed $700,000 in registra23 tion fees collected pursuant to section 38 of the Arms

24 Export Control Act, as amended, may be used in accord25 ance with section 45 of the State Department Basic Au-
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1 thorities Act of 1956 (22 U.S.C. 2717); and in addition

2 not to exceed $1,223,000 shall be derived from fees col3 lected from other executive agencies for lease or use of

4 facilities located at the International Center in accord5 ance with section 4 of the International Center Act (Pub6 lic Law 90–553), as amended, and in addition, as author7 ized by section 5 of such Act $450,000, to be derived

8 from the reserve authorized by that section, to be used

9 for the purposes set out in that section; and in addition

10 not to exceed $15,000 which shall be derived from reim11 bursements, surcharges, and fees for use of Blair House

12 facilities in accordance with section 46 of the State De13 partment Basic Authorities Act of 1956 (22 U.S.C.

14 2718(a)).

15 Notwithstanding section 402 of this Act, not to

16 exceed 20 percent of the amounts made available in this

17 Act in the appropriation accounts ‘‘Diplomatic and Con18 sular Programs’’ and ‘‘Salaries and Expenses’’ under the

19 heading ‘‘Administration of Foreign Affairs’’ may be

20 transferred between such appropriation accounts: Pro21 vided, That any transfer pursuant to this sentence shall

22 be treated as a reprogramming of funds under section

23 605 of this Act and shall not be available for obligation

24 or expenditure except in compliance with the procedures

25 set forth in that section.
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1 For an additional amount for counterterrorism re2 quirements overseas, including security guards and equip3 ment, $23,700,000, to remain available until expended:

4 Provided, That the entire amount 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.

8 SALARIES AND EXPENSES

9 For expenses necessary for the general adminis10 tration of the Department of State and the Foreign Serv11 ice, provided for by law, including expenses authorized by

12 section 9 of the Act of August 31, 1964, as amended (31

13 U.S.C. 3721), and the State Department Basic Authori14 ties Act of 1956, as amended, $352,300,000.

15 CAPITAL INVESTMENT FUND

16 For necessary expenses of the Capital Investment

17 Fund, $24,600,000, to remain available until expended,

18 as authorized in Public Law 103–236: Provided, That

19 section 135(e) of Public Law 103–236 shall not apply to

20 funds appropriated under this heading.

21 OFFICE OF INSPECTOR GENERAL

22 For necessary expenses of the Office of Inspector

23 General in carrying out the provisions of the Inspector

24 General Act of 1978, as amended (5 U.S.C. App.),

25 $27,495,000, notwithstanding section 209(a)(1) of the

26 Foreign Service Act of 1980, as amended (Public Law
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1 96–465), as it relates to post inspections: Provided, That

2 notwithstanding any other provision of law, the merger of

3 the Office of Inspector General of the United States In4 formation Agency with the Office of Inspector General of

5 the Department of State provided for in the Departments

6 of Commerce, Justice, and State, the Judiciary and Re7 lated Agencies Appropriations Act, 1996, contained in

8 Public Law 104–134, is effective hereafter.

9 REPRESENTATION ALLOWANCES

10 For representation allowances as authorized by

11 section 905 of the Foreign Service Act of 1980, as

12 amended (22 U.S.C. 4085), $4,490,000.

13 PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

14 For expenses, not otherwise provided, to enable

15 the Secretary of State to provide for extraordinary pro16 tective services in accordance with the provisions of sec17 tion 214 of the State Department Basic Authorities Act

18 of 1956 (22 U.S.C. 4314) and 3 U.S.C. 208, $8,332,000,

19 to remain available until September 30, 1998.

20 SECURITY AND MAINTENANCE OF UNITED STATES

21 MISSIONS

22 For necessary expenses for carrying out the For23 eign Service Buildings Act of 1926, as amended (22

24 U.S.C. 292–300), and the Diplomatic Security Construc25 tion Program as authorized by title IV of the Omnibus

26 Diplomatic Security and Antiterrorism Act of 1986 (22
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1 U.S.C. 4851), $364,495,000, to remain available until

2 expended as authorized by section 24(c) of the State De3 partment Basic Authorities Act of 1956 (22 U.S.C.

4 2696(c)): Provided, That none of the funds appropriated

5 in this paragraph shall be available for acquisition of fur6 niture and furnishings and generators for other depart7 ments and agencies.

8 For an additional amount for security improve9 ments, necessary relocation expenses, and security equip10 ment for United States diplomatic facilities and missions

11 overseas, $24,825,000, to remain available until ex12 pended: Provided, That of this amount $9,400,000 is for

13 security projects on behalf of United States and Foreign

14 Commercial Service missions and $1,125,000 is for secu15 rity projects on behalf of United States Information

16 Agency missions: Provided further, That the entire

17 amount is designated by Congress as an emergency re18 quirement pursuant to section 251(b)(2)(D)(i) of the

19 Balanced Budget and Emergency Deficit Control Act of

20 1985, as amended: Provided further, That the amount

21 not previously designated by the President as an emer22 gency requirement shall be available only to the extent an

23 official budget request, for a specific dollar amount that

24 includes designation of the entire amount of the request

25 as an emergency requirement, as defined in the Balanced
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1 Budget and Emergency Deficit Control Act of 1985, as

2 amended, is transmitted to Congress.

3 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

4 SERVICE

5 For expenses necessary to enable the Secretary of

6 State to meet unforeseen emergencies arising in the Dip7 lomatic and Consular Service pursuant to the require8 ment of 31 U.S.C. 3526(e), $5,800,000, to remain avail9 able until expended as authorized by section 24(c) of the

10 State Department Basic Authorities Act of 1956 (22

11 U.S.C. 2696(c)), of which not to exceed $1,000,000 may

12 be transferred to and merged with the Repatriation

13 Loans Program Account, subject to the same terms and

14 conditions.

15 REPATRIATION LOANS PROGRAM ACCOUNT

16 For the cost of direct loans, $593,000, as author17 ized by section 4 of the State Department Basic Authori18 ties Act of 1956 (22 U.S.C. 2671): Provided, That such

19 costs, including the cost of modifying such loans, shall be

20 as defined in section 502 of the Congressional Budget

21 Act of 1974. In addition, for administrative expenses nec22 essary to carry out the direct loan program, $663,000

23 which may be transferred to and merged with the Sala24 ries and Expenses account under Administration of For25 eign Affairs.
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1 PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

2 For necessary expenses to carry out the Taiwan

3 Relations Act, Public Law 96–8 (93 Stat. 14),

4 $14,490,000.

5 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

6 DISABILITY FUND

7 For payment to the Foreign Service Retirement

8 and Disability Fund, as authorized by law, $126,491,000.

9 INTERNATIONAL ORGANIZATIONS AND CONFERENCES

10 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

11 For expenses, not otherwise provided for, nec12 essary to meet annual obligations of membership in inter13 national multilateral organizations, pursuant to treaties

14 ratified pursuant to the advice and consent of the Senate,

15 conventions or specific Acts of Congress, $892,000,000:

16 Provided, That any payment of arrearages shall be di17 rected toward special activities that are mutually agreed

18 upon by the United States and the respective inter19 national organization: Provided further, That 20 percent

20 of the funds appropriated in this paragraph for the as21 sessed contribution of the United States to the United

22 Nations shall be withheld from obligation and expendi23 ture until a certification is made under section 401(b) of

24 Public Law 103–236 for fiscal year 1997: Provided fur25 ther, That certification under section 401(b) of Public

26 Law 103–236 for fiscal year 1997 may only be made if
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1 the Committees on Appropriations and Foreign Relations

2 of the Senate and the Committees on Appropriations and

3 International Relations of the House of Representatives

4 are notified of the steps taken, and anticipated, to meet

5 the requirements of section 401(b) of Public Law 103–

6 236 at least 15 days in advance of the proposed certifi7 cation: Provided further, That none of the funds appro8 priated in this paragraph shall be available for a United

9 States contribution to an international organization for

10 the United States share of interest costs made known to

11 the United States Government by such organization for

12 loans incurred on or after October 1, 1984, through ex13 ternal borrowings: Provided further, That of the funds

14 appropriated in this paragraph, $100,000,000 may be

15 made available only pursuant to a certification by the

16 Secretary of State by no later than January 30, 1997,

17 that the United Nations has taken no action during cal18 endar year 1996 to increase funding for any United Na19 tions program without identifying an offsetting decrease

20 elsewhere in the United Nations budget and cause the

21 United Nations to exceed its no growth budget for the bi22 ennium 1996–1997 adopted in December, 1995: Provided

23 further, That if the Secretary of State is unable to make

24 the aforementioned certification, the $100,000,000 is to

25 be applied to paying the current year assessment for
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1 other international organizations for which the assess2 ment has not been paid in full or to paying the assess3 ment due in the next fiscal year for such organizations,

4 subject to the reprogramming procedures contained in

5 Section 605 of this Act: Provided further, That notwith6 standing section 402 of this Act, not to exceed

7 $10,000,000 may be transferred from the funds made

8 available under this heading to the ‘‘International Con9 ferences and Contingencies’’ account for assessed con10 tributions to new or provisional international organiza11 tions or for travel expenses of official delegates to inter12 national conferences: Provided further, That any transfer

13 pursuant to this paragraph shall be treated as a re14 programming of funds under section 605 of this Act and

15 shall not be available for obligation or expenditure except

16 in compliance with the procedures set forth in that sec17 tion.

18 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

19 ACTIVITIES

20 For necessary expenses to pay assessed and other

21 expenses of international peacekeeping activities directed

22 to the maintenance or restoration of international peace

23 and security $352,400,000, of which $50,000,000 is for

24 payment of arrearages accumulated in 1995, and which

25 shall be available only upon certification by the Secretary

26 of State that at least two of the following have been
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1 achieved: (1) savings of at least $100,000,000 will be

2 achieved in the biennial expenses of the following United

3 Nations divisions and activities—the United Nations

4 Conference on Trade and Development, the Regional

5 Economic Commissions, the Department of Public Infor6 mation, and the Department of Conference Services, trav7 el and overtime; (2) the number of professional and gen8 eral service staff employed by the United Nations Sec9 retariat at the conclusion of the 1996–1997 biennium will

10 be at least ten percent below the number of such posi11 tions on January 1, 1996; and (3) the United Nations

12 has adopted a budget outline for the 1998–1999 bien13 nium that is below $2,608,000,000; as part of a five-year

14 program to achieve major cost-saving reforms in the

15 United Nations and specialized agencies: Provided, That

16 none of the funds made available under this Act shall be

17 obligated or expended for any new or expanded United

18 Nations peacekeeping mission unless, at least fifteen days

19 in advance of voting for the new or expanded mission in

20 the United Nations Security Council (or in an emergency,

21 as far in advance as is practicable), (1) the Committees

22 on Appropriations of the House of Representatives and

23 the Senate and other appropriate Committees of the Con24 gress are notified of the estimated cost and length of the

25 mission, the vital national interest that will be served,
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1 and the planned exit strategy; and (2) a reprogramming

2 of funds pursuant to section 605 of this Act is submitted,

3 and the procedures therein followed, setting forth the

4 source of funds that will be used to pay for the cost of

5 the new or expanded mission: Provided further, That

6 funds shall be available for peacekeeping expenses only

7 upon a certification by the Secretary of State to the ap8 propriate committees of the Congress that American

9 manufacturers and suppliers are being given opportuni10 ties to provide equipment, services, and material for

11 United Nations peacekeeping activities equal to those

12 being given to foreign manufacturers and suppliers.

13 INTERNATIONAL COMMISSIONS

14 For necessary expenses, not otherwise provided

15 for, to meet obligations of the United States arising

16 under treaties, or specific Acts of Congress, as follows:

17 INTERNATIONAL BOUNDARY AND WATER COMMISSION,

18 UNITED STATES AND MEXICO

19 For necessary expenses for the United States Sec20 tion of the International Boundary and Water Commis21 sion, United States and Mexico, and to comply with laws

22 applicable to the United States Section, including not to

23 exceed $6,000 for representation; as follows:

24 SALARIES AND EXPENSES

25 For salaries and expenses, not otherwise provided

26 for, $15,490,000.
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1 CONSTRUCTION

2 For detailed plan preparation and construction of

3 authorized projects, $6,463,000, to remain available until

4 expended, as authorized by section 24(c) of the State De5 partment Basic Authorities Act of 1956 (22 U.S.C.

6 2696(c)).

7 AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

8 For necessary expenses, not otherwise provided

9 for the International Joint Commission and the inter10 national Boundary Commission, United States and Can11 ada, as authorized by treaties between the United States

12 and Canada or Great Britain, and for the Border Envi13 ronment Cooperation Commission as authorized by Pub14 lic Law 103–182; $5,490,000, of which not to exceed

15 $9,000 shall be available for representation expenses in16 curred by the International Joint Commission.

17 INTERNATIONAL FISHERIES COMMISSIONS

18 For necessary expenses for international fisheries

19 commissions, not otherwise provided for, as authorized by

20 law, $14,549,000: Provided,That the United States’ share

21 of such expenses may be advanced to the respective com22 missions, pursuant to 31 U.S.C. 3324.

23 OTHER

24 PAYMENT TO THE ASIA FOUNDATION

25 For a grant to the Asia Foundation, as authorized

26 by section 501 of Public Law 101–246, $8,000,000, to
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1 remain available until expended, as authorized by section

2 24(c) of the State Department Basic Authorities Act of

3 1956 (22 U.S.C. 2696(c)).

4 RELATED AGENCIES

5 ARMS CONTROL AND DISARMAMENT AGENCY

6 ARMS CONTROL AND DISARMAMENT ACTIVITIES

7 For necessary expenses not otherwise provided,

8 for arms control, nonproliferation, and disarmament ac9 tivities, $41,500,000 of which not to exceed $50,000 shall

10 be for official reception and representation expenses as

11 authorized by the Act of September 26, 1961, as amend12 ed (22 U.S.C. 2551 et seq.).

13 UNITED STATES INFORMATION AGENCY

14 SALARIES AND EXPENSES

15 For expenses, not otherwise provided for, nec16 essary to enable the United States Information Agency,

17 as authorized by the Mutual Educational and Cultural

18 Exchange Act of 1961, as amended (22 U.S.C. 2451 et

19 seq.), the United States Information and Educational Ex20 change Act of 1948, as amended (22 U.S.C. 1431 et

21 seq.), and Reorganization Plan No. 2 of 1977 (91 Stat.

22 1636), to carry out international communication, edu23 cational and cultural activities; and to carry out related

24 activities authorized by law, including employment, with25 out regard to civil service and classification laws, of per-
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1 sons on a temporary basis (not to exceed $700,000 of

2 this appropriation), as authorized by section 801 of such

3 Act of 1948 (22 U.S.C. 1471), and entertainment, in4 cluding official receptions, within the United States, not

5 to exceed $25,000 as authorized by section 804(3) of

6 such Act of 1948 (22 U.S.C. 1474(3)); $440,000,000:

7 Provided, That not to exceed $1,400,000 may be used for

8 representation abroad as authorized by section 302 of

9 such Act of 1948 (22 U.S.C. 1452) and section 905 of

10 the Foreign Service Act of 1980 (22 U.S.C. 4085): Pro11 vided further, That not to exceed $7,615,000, to remain

12 available until expended, may be credited to this appro13 priation from fees or other payments received from or in

14 connection with English teaching, library, motion pic15 tures, and publication programs as authorized by section

16 810 of such Act of 1948 (22 U.S.C. 1475e) and, notwith17 standing any other law, fees from student advising and

18 counseling: Provided further, That not to exceed

19 $1,100,000 to remain available until expended may be

20 used to carry out projects involving security construction

21 and related improvements for agency facilities not phys22 ically located together with Department of State facilities

23 abroad.

24 For an additional amount for necessary expenses

25 relating to security, $1,375,000: Provided, That the en-
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1 tire amount is designated by Congress 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, a amended.

5 TECHNOLOGY FUND

6 For expenses necessary to enable the United

7 States Information Agency to provide for the procure8 ment of information technology improvements, as author9 ized by the United States Information and Educational

10 Exchange Act of 1948, as amended (22 U.S.C. 1431 et

11 seq.), the Mutual Educational and Cultural Exchange Act

12 of 1961, as amended (22 U.S.C. 2451 et seq.), and Reor13 ganization Plan No. 2 of 1977 (91 Stat. 1636),

14 $5,050,000, to remain available until expended.

15 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

16 For expenses of educational and cultural exchange

17 programs, as authorized by the Mutual Educational and

18 Cultural Exchange Act of 1961, as amended (22 U.S.C.

19 2451 et seq.), and Reorganization Plan No. 2 of 1977

20 (91 Stat. 1636), $185,000,000, to remain available until

21 expended as authorized by section 105 of such Act of

22 1961 (22 U.S.C. 2455).

23 EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST

24 FUND

25 For necessary expenses of Eisenhower Exchange

26 Fellowships, Incorporated, as authorized by sections 4
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1 and 5 of the Eisenhower Exchange Fellowship Act of

2 1990 (20 U.S.C. 5204–5205), all interest and earnings

3 accruing to the Eisenhower Exchange Fellowship Pro4 gram Trust Fund on or before September 30, 1997, to

5 remain available until expended: Provided, That none of

6 the funds appropriated herein shall be used to pay any

7 salary or other compensation, or to enter into any con8 tract providing for the payment thereof, in excess of the

9 rate authorized by 5 U.S.C. 5376; or for purposes which

10 are not in accordance with OMB Circulars A–110 (Uni11 form Administrative Requirements) and A–122) (Cost

12 Principles for Non-profit Organizations), including the

13 restrictions on compensation for personal services.

14 ISRAELI ARAB SCHOLARSHIP PROGRAM

15 For necessary expenses of the Israeli Arab Schol16 arship Program as authorized by section 214 of the For17 eign Relations Authorization Act, Fiscal Years 1992 and

18 1993 (22 U.S.C. 2452), all interest and earnings accru19 ing to the Israeli Arab Scholarship Fund on or before

20 September 30, 1997, to remain available until expended.

21 INTERNATIONAL BROADCASTING OPERATIONS

22 For expenses necessary to enable the United

23 States Information Agency, as authorized by the United

24 States Information and Educational Exchange Act of

25 1948, as amended, the United States International

26 Broadcasting Act of 1994, as amended, and Reorganiza-
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1 tion Plan No. 2 of 1977, to carry out international com2 munication activities; $325,000,000, of which not to ex3 ceed $16,000 may be used for official receptions within

4 the United States as authorized by section 804(3) of such

5 Act of 1948 (22 U.S.C. 1747(3)), not to exceed $35,000

6 may be used for representation abroad as authorized by

7 section 302 of such Act of 1948 (22 U.S.C. 1452) and

8 section 905 of the Foreign Service Act of 1980 (22

9 U.S.C. 4085), and not to exceed $39,000 may be used

10 for official reception and representation expenses of

11 Radio Free Europe/Radio Liberty; and in addition, not to

12 exceed $250,000 from fees as authorized by section 810

13 of such Act of 1948 (22 U.S.C. 1475e), to remain avail14 able until expended for carrying out authorized purposes;

15 and in addition, notwithstanding any other provision of

16 law, not to exceed $1,000,000 in monies received (includ17 ing receipts from advertising, if any) by or for the use

18 of the United States Information Agency from or in con19 nection with broadcasting resources owned by or on be20 half of the Agency, to be available until expended for car21 rying out authorized purposes.

22 BROADCASTING TO CUBA

23 For expenses necessary to enable the United

24 States Information Agency to carry out the Radio Broad25 casting to Cuba Act, as amended, the Television Broad26 casting to Cuba Act, and the International Broadcasting
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1 Act of 1994, including the purchase, rent, construction,

2 and improvement of facilities for radio and television

3 transmission and reception, and purchase and installation

4 of necessary equipment for radio and television trans5 mission and reception, $25,000,000, to remain available

6 until expended.

7 RADIO CONSTRUCTION

8 For the purchase, rent, construction, and improve9 ment of facilities for radio transmission and reception,

10 and purchase and installation of necessary equipment for

11 radio and television transmission and reception as au12 thorized by section 801 of the United States Information

13 and Educational Exchange Act of 1948 (22 U.S.C.

14 1471), $35,490,000, to remain available until expended,

15 as authorized by section 704(a) of such Act of 1948 (22

16 U.S.C. 1477b(a)).

17 EAST-WEST CENTER

18 To enable the Director of the United States Infor19 mation Agency to provide for carrying out the provisions

20 of the Center for Cultural and Technical Interchange Be21 tween East and West Act of 1960 (22 U.S.C. 2054–

22 2057), by grant to the Center for Cultural and Technical

23 Interchange Between East and West in the State of Ha24 waii, $10,000,000: Provided, That none of the funds ap25 propriated herein shall be used to pay any salary, or
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1 enter into any contract providing for the payment there2 of, in excess of the rate authorized by 5 U.S.C. 5376.

3 NORTH/SOUTH CENTER

4 To enable the Director of the United States Infor5 mation Agency to provide for carrying out the provisions

6 of the North/South Center Act of 1991 (22 U.S.C.

7 2075), by grant to an educational institution in Florida

8 known as the North/South Center, $1,495,000, to remain

9 available until expended.

10 NATIONAL ENDOWMENT FOR DEMOCRACY

11 For grants made by the United States Informa12 tion Agency to the National Endowment for Democracy

13 as authorized by the National Endowment for Democracy

14 Act, $30,000,000, to remain available until expended.

15 GENERAL PROVISIONS—DEPARTMENT OF STATE AND

16 RELATED AGENCIES

17 SEC. 401. Funds appropriated under this title

18 shall be available, except as otherwise provided, for allow19 ances and differentials as authorized by subchapter 59 of

20 5 U.S.C.; for services as authorized by 5 U.S.C. 3109;

21 and hire of passenger transportation pursuant to 31

22 U.S.C. 1343(b).

23 SEC. 402. Not to exceed 5 percent of any appro24 priation made available for the current fiscal year for the

25 Department of State in this Act may be transferred be26 tween such appropriations, but no such appropriations,
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1 except as otherwise specifically provided, shall be in2 creased by more than 10 percent by any such transfers:

3 Provided, That not to exceed 5 percent of any appropria4 tion made available for the current fiscal year for the

5 United States Information Agency in this Act may be

6 transferred between such appropriations, but no such ap7 propriation, except as otherwise specifically provided,

8 shall be increased by more than 10 percent by any such

9 transfers: Provided further, That any transfer pursuant

10 to this section shall be treated as a reprogramming of

11 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. 403. Funds hereafter appropriated or other15 wise made available under this Act or any other Act may

16 be expended for compensation of the United States Com17 missioner of the International Boundary Commission,

18 United States and Canada, only for actual hours worked

19 by such Commissioner.

20 SEC. 404. Funds appropriated by this Act for the

21 United States Information Agency, the Arms Control and

22 Disarmament Agency, and the Department of State may

23 be obligated and expended notwithstanding section 701 of

24 the United States Information and Educational Exchange

25 Act of 1948 and section 313 of the Foreign Relations
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1 Authorization Act, Fiscal Years 1994 and 1995, section

2 53 of the Arms Control and Disarmament Act, and sec3 tion 15 of the State Department Basic Authorities Act

4 of 1956.

5 SEC. 405. Any costs incurred by a Department or

6 agency funded under this title resulting from personnel

7 actions taken in response to funding reductions included

8 in this title shall be absorbed within the total budgetary

9 resources available to such Department or agency: Pro10 vided, That the authority to transfer funds between ap11 propriations accounts as may be necessary to carry out

12 this section is provided in addition to authorities included

13 elsewhere in this Act: Provided further, That use of funds

14 to carry out this section shall be treated as a reprogram15 ming of funds under section 605 of this Act and shall not

16 be available for obligation or expenditure except in com17 pliance with the procedures set forth in that section.

18 SEC. 406. Starting sixty days after enactment of

19 this Act, none of the funds made available by this Act

20 may be made available to support the activities of the

21 Standing Consultative Commission (SCC) unless the

22 President provides to the Congress a report containing a

23 detailed analysis of whether the Memorandum of Under24 standing on Succession and the Agreed Statement re25 garding Demarcation agreed to by the Standing Consult-
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1 ative Commission on June 24, 1996, which was re2 affirmed by Secretary of State Warren Christopher and

3 Minister of Foreign Affairs Evgeny Primakov on Septem4 ber 23, 1996, represent substantive changes to the Anti5 Ballistic Missile Treaty of 1972 and whether these agree6 ments will require the advice and consent of the Senate

7 of the United States.

8 SEC. 407. Section 1 of the Act of June 4, 1920

9 (41 Stat. 750; 22 U.S.C. 214) is amended by—

10 (1) inserting before the period at the end of the

11 first sentence the following: ‘‘; except that the Sec12 retary of State may by regulation authorize State of13 ficials or the United States Postal Service to collect

14 and retain the execution fee for each application for

15 a passport accepted by such officials or by that

16 Service’’; and

17 (2) striking the second sentence.

18 This title may be cited as the ‘‘Department of

19 State and Related Agencies Appropriations Act, 1997’’.

20 TITLE V—RELATED AGENCIES

21 DEPARTMENT OF TRANSPORTATION

22 MARITIME ADMINISTRATION

23 OPERATING-DIFFERENTIAL SUBSIDIES

24 (LIQUIDATION OF CONTRACT AUTHORITY)

25 For the payment of obligations incurred for oper26 ating-differential subsidies, as authorized by the Mer-
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1 chant Marine Act, 1936, as amended, $148,430,000, to

2 remain available until expended.

3 MARITIME SECURITY PROGRAM

4 For necessary expenses to maintain and preserve

5 a U.S.-flag merchant fleet to serve the national security

6 needs of the United States, $54,000,000, to remain avail7 able until expended: Provided, That these funds will be

8 available only upon enactment of an authorization for

9 this program.

10 OPERATIONS AND TRAINING

11 For necessary expenses of operations and training

12 activities authorized by law, $65,000,000: Provided, That

13 reimbursements may be made to this appropriation from

14 receipts to the ‘‘Federal Ship Financing Fund’’ for ad15 ministrative expenses in support of that program in addi16 tion to any amount heretofore appropriated.

17 MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM

18 ACCOUNT

19 For the cost of guaranteed loans, as authorized by

20 the Merchant Marine Act, 1936, $37,450,000, to remain

21 available until expended: Provided, That such costs, in22 cluding the cost of modifying such loans, shall be as de23 fined in section 502 of the Congressional Budget Act of

24 1974, as amended: Provided further, That these funds are

25 available to subsidize total loan principal, any part of

26 which is to be guaranteed, not to exceed $1,000,000,000.
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1 In addition, for administrative expenses to carry

2 out the guaranteed loan program, not to exceed

3 $3,450,000, which shall be transferred to and merged

4 with the appropriation for Operations and Training.

5 ADMINISTRATIVE PROVISIONS—MARITIME

6 ADMINISTRATION

7 Notwithstanding any other provision of this Act,

8 the Maritime Administration is authorized to furnish util9 ities and services and make necessary repairs in connec10 tion with any lease, contract, or occupancy involving Gov11 ernment property under control of the Maritime Adminis12 tration, and payments received therefor shall be credited

13 to the appropriation charged with the cost thereof: Pro14 vided, That rental payments under any such lease, con15 tract, or occupancy for items other than such utilities,

16 services, or repairs shall be covered into the Treasury as

17 miscellaneous receipts.

18 No obligations shall be incurred during the cur19 rent fiscal year from the construction fund established by

20 the Merchant Marine Act, 1936, or otherwise, in excess

21 of the appropriations and limitations contained in this

22 Act or in any prior appropriation Act, and all receipts

23 which otherwise would be deposited to the credit of said

24 fund shall be covered into the Treasury as miscellaneous

25 receipts.
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1 COMMISSION FOR THE PRESERVATION OF AMERICA’S

2 HERITAGE ABROAD

3 SALARIES AND EXPENSES

4 For expenses for the Commission for the Preser5 vation of America’s Heritage Abroad, $206,000, as au6 thorized by Public Law 99–83, section 1303.

7 COMMISSION ON CIVIL RIGHTS

8 SALARIES AND EXPENSES

9 For necessary expenses of the Commission on

10 Civil 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

15 under Schedule C of the Excepted Service exclusive of

16 one special assistant for each Commissioner: Provided

17 further, That none of the funds appropriated in this para18 graph shall be used to reimburse Commissioners for more

19 than 75 billable days, with the exception of the Chair20 person who is permitted 125 billable days.

21 COMMISSION ON IMMIGRATION REFORM

22 SALARIES AND EXPENSES

23 For necessary expenses of the Commission on Im24 migration Reform pursuant to section 141(f) of the Im-
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1 migration Act of 1990, $2,196,000, to remain available

2 until expended.

3 COMMISSION ON SECURITY AND COOPERATION IN

4 EUROPE

5 SALARIES AND EXPENSES

6 For necessary expenses of the Commission on Se7 curity and Cooperation in Europe, as authorized by Pub8 lic 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 serv17 ices as authorized by 5 U.S.C. 3109; hire of passenger

18 motor vehicles as authorized by 31 U.S.C. 1343(b); non19 monetary awards to private citizens; not to exceed

20 $27,500,000, for payments to State and local enforce21 ment agencies for services to the Commission pursuant to

22 title VII of the Civil Rights Act of 1964, as amended,

23 sections 6 and 14 of the Age Discrimination in Employ24 ment Act, the Americans with Disabilities Act of 1990,

25 and the Civil Rights Act of 1991; $239,740,000: Pro-
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1 vided, That the Commission is authorized to make avail2 able for official reception and representation expenses not

3 to exceed $2,500 from available funds.

4 FEDERAL COMMUNICATIONS COMMISSION

5 SALARIES AND EXPENSES

6 For necessary expenses of the Federal Commu7 nications Commission, as authorized by law, including

8 uniforms and allowances therefor, as authorized by 5

9 U.S.C. 5901–02; not to exceed $600,000 for land and

10 structure; not to exceed $500,000 for improvement and

11 care of grounds and repair to buildings; not to exceed

12 $4,000 for official reception and representation expenses;

13 purchase (not to exceed sixteen) and hire of motor vehi14 cles; special counsel fees; and services as authorized by

15 5 U.S.C. 3109; $189,079,000, of which not to exceed

16 $300,000 shall remain available until September 30,

17 1998, for research and policy studies: Provided, That

18 $152,523,000 of offsetting collections shall be assessed

19 and collected pursuant to section 9 of title I of the Com20 munications Act of 1934, as amended, and shall be re21 tained and used for necessary expenses in this appropria22 tion, and shall remain available until expended: Provided

23 further, That the sum herein appropriated shall be re24 duced as such offsetting collections are received during

25 fiscal year 1997 so as to result in a final fiscal year 1997
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1 appropriation estimated at $36,556,000: Provided fur2 ther, That any offsetting collections received in excess of

3 $152,523,000 in fiscal year 1997 shall remain available

4 until expended, but shall not be available for obligation

5 until October 1, 1997.

6 FEDERAL MARITIME COMMISSION

7 SALARIES AND EXPENSES

8 For necessary expenses of the Federal Maritime

9 Commission as authorized by section 201(d) of the Mer10 chant Marine Act of 1936, as amended (46 App. U.S.C.

11 1111), including services as authorized by 5 U.S.C. 3109;

12 hire of passenger motor vehicles as authorized by 31

13 U.S.C. 1343(b); and uniforms or allowances therefor, as

14 authorized by 5 U.S.C. 5901–02; $14,000,000: Provided,

15 That not to exceed $2,000 shall be available for official

16 reception and representation expenses.

17 FEDERAL TRADE COMMISSION

18 SALARIES AND EXPENSES

19 For necessary expenses of the Federal Trade

20 Commission, including uniforms or allowances therefor,

21 as authorized by 5 U.S.C. 5901–5902; services as author22 ized by 5 U.S.C. 3109; hire of passenger motor vehicles;

23 and not to exceed $2,000 for official reception and rep24 resentation expenses; $85,930,000: Provided, That not to

25 exceed $300,000 shall be available for use to contract
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1 with a person or persons for collection services in accord2 ance with the terms of 31 U.S.C. 3718, as amended: Pro3 vided further, That notwithstanding any other provision

4 of law, not to exceed $58,905,000 of offsetting collections

5 derived from fees collected for premerger notification fil6 ings under the Hart-Scott-Rodino Antitrust Improve7 ments Act of 1976 (15 U.S.C. 18(a)) shall be retained

8 and used for necessary expenses in this appropriation,

9 and shall remain available until expended: Provided fur10 ther, That the sum herein appropriated from the General

11 Fund shall be reduced as such offsetting collections are

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

13 fiscal year 1997 appropriation from the General Fund es14 timated at not more than $27,025,000, to remain avail15 able until expended: Provided further, That any fees re16 ceived in excess of $58,905,000 in fiscal year 1997 shall

17 remain available until expended, but shall not be avail18 able for obligation until October 1, 1997: Provided fur19 ther, That none of the funds made available to the Fed20 eral Trade Commission shall be available for obligation

21 for expenses authorized by section 151 of the Federal

22 Deposit Insurance Corporation Improvement Act of 1991

23 (Public Law 102–242, 105 Stat. 2282–2285).
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1 GAMBLING IMPACT STUDY COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the National Gambling

4 Impact Study Commission, $4,000,000 to remain avail5 able until expended: Provided, That these funds will be

6 available only upon enactment of an authorization for

7 this Commission.

8 LEGAL SERVICES CORPORATION

9 PAYMENT TO THE LEGAL SERVICES CORPORATION

10 For payment to the Legal Services Corporation to

11 carry out the purposes of the Legal Services Corporation

12 Act of 1974, as amended, $283,000,000, of which

13 $274,400,000 is for basic field programs and required

14 independent audits; $1,500,000 is for the Office of In15 spector General, of which such amounts as may be nec16 essary may be used to conduct additional audits of recipi17 ents; and $7,100,000 is for management and administra18 tion.

19 ADMINISTRATIVE PROVISIONS—LEGAL SERVICES

20 CORPORATION

21 SEC. 501. (a) CONTINUATION OF COMPETITIVE

22 SELECTION PROCESS.—None of the funds appropriated

23 in this Act to the Legal Services Corporation may be

24 used to provide financial assistance to any person or en25 tity except through a competitive selection process con26 ducted in accordance with regulations promulgated by the
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1 Corporation in accordance with the criteria set forth in

2 subsections (c), (d), and (e) of section 503 of Public Law

3 104–134 (110 Stat. 1321–52 et seq.).

4 (b) INAPPLICABILITY OF NONCOMPETITIVE PRO5 CEDURES.—For purposes of the funding provided in this

6 Act, rights under sections 1007(a)(9) and 1011 of the

7 Legal Services Corporation Act (42 U.S.C. 2996f(a)(9)

8 and 42 U.S.C. 2996j) shall not apply.

9 SEC. 502. (a) CONTINUATION OF REQUIREMENTS

10 AND RESTRICTIONS.—None of the funds appropriated in

11 this Act to the Legal Services Corporation shall be ex12 pended for any purpose prohibited or limited by, or con13 trary to any of the provisions of—

14 (1) sections 501, 502, 505, 506, and 507 of

15 Public Law 104–134 (110 Stat. 1321–51 et seq.),

16 and all funds appropriated in this Act to the Legal

17 Services Corporation shall be subject to the same

18 terms and conditions as set forth in such sections,

19 except that all references in such sections to 1995

20 and 1996 shall be deemed to refer instead to 1996

21 and 1997, respectively; and

22 (2) section 504 of Public Law 104–134 (110

23 Stat. 1321–53 et seq.), and all funds appropriated

24 in this Act to the Legal Services Corporation shall
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1 be subject to the same terms and conditions set

2 forth in such section, except that—

3 (A) subsection (c) of such section 504 shall

4 not apply;

5 (B) paragraph (3) of section 508(b) of

6 Public Law 104–134 (110 Stat. 1321–58) shall

7 apply with respect to the requirements of sub8 section (a)(13) of such section 504, except that

9 all references in such section 508(b) to the date

10 of enactment shall be deemed to refer to April

11 26, 1996; and

12 (C) subsection (a)(11) of such section 504

13 shall not be construed to prohibit a recipient

14 from using funds derived from a source other

15 than the Corporation to provide related legal

16 assistance to—

17 (i) an alien who has been battered or

18 subjected to extreme cruelty in the United

19 States by a spouse or a parent, or by a

20 member of the spouse’s or parent’s family

21 residing in the same household as the alien

22 and the spouse or parent consented or ac23 quiesced to such battery or cruelty; or

24 (ii) an alien whose child has been bat25 tered or subjected to extreme cruelty in the
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1 United States by a spouse or parent of the

2 alien (without the active participation of

3 the alien in the battery or extreme cru4 elty), or by a member of the spouse’s or

5 parent’s family residing in the same house6 hold as the alien and the spouse or parent

7 consented or acquiesced to such battery or

8 cruelty, and the alien did not actively par9 ticipate in such battery or cruelty.

10 (b) DEFINITIONS.—For purposes of subsection

11 (a)(2)(C):

12 (1) The term ‘‘battered or subjected to extreme

13 cruelty’’ has the meaning given such term under reg14 ulations issued pursuant to subtitle G of the Vio15 lence Against Women Act of 1994 (Pub. L. 103–

16 322; 108 Stat. 1953).

17 (2) The term ‘‘related legal assistance’’ means

18 legal assistance directly related to the prevention of,

19 or obtaining of relief from, the battery or cruelty de20 scribed in such subsection.

21 SEC. 503. (a) CONTINUATION OF AUDIT RE22 QUIREMENTS.—The requirements of section 509 of Pub23 lic Law 104–134 (110 Stat. 1321–58 et seq.), other than

24 subsection (l) of such section, shall apply during fiscal

25 year 1997.
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1 (b) REQUIREMENT OF ANNUAL AUDIT.—An an2 nual audit of each person or entity receiving financial as3 sistance from the Legal Services Corporation under this

4 Act shall be conducted during fiscal year 1997 in accord5 ance with the requirements referred to in subsection (a).

6 MARINE MAMMAL COMMISSION

7 SALARIES AND EXPENSES

8 For necessary expenses of the Marine Mammal

9 Commission as authorized by title II of Public Law 92–

10 522, as amended, $1,189,000.

11 NATIONAL BANKRUPTCY REVIEW COMMISSION

12 SALARIES AND EXPENSES

13 For necessary expenses of the National Bank14 ruptcy Review Commission, as authorized by the Bank15 ruptcy Reform Act of 1994, $494,000.

16 OUNCE OF PREVENTION COUNCIL

17 For activities authorized by sections 30101 and

18 30102 of Public Law 103–322 (including administrative

19 costs), $1,500,000, to remain available until expended,

20 for the Ounce of Prevention Grant Program: Provided,

21 That the Council may accept and use gifts and donations,

22 both real and personal, for the purpose of aiding or facili23 tating the authorized activities of the Council, of which

24 not to exceed $5,000 may be used for official reception

25 and representation expenses.
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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,

7 and not to exceed $3,000 for official reception and rep8 resentation expenses, $260,400,000, of which not to ex9 ceed $10,000 may be used toward funding a permanent

10 secretariat for the International Organization of Securi11 ties Commissions, and of which not to exceed $100,000

12 shall be available for expenses for consultations and

13 meetings hosted by the Commission with foreign govern14 mental and other regulatory officials, members of their

15 delegations, appropriate representatives and staff to ex16 change views concerning developments relating to securi17 ties matters, development and implementation of coopera18 tion agreements concerning securities matters and provi19 sion of technical assistance for the development of foreign

20 securities markets, such expenses to include necessary lo21 gistic and administrative expenses and the expenses of

22 Commission staff and foreign invitees in attendance at

23 such consultations and meetings including (1) such inci24 dental expenses as meals taken in the course of such at25 tendance, (2) any travel and transportation to or from
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1 such meetings, and (3) any other related lodging or

2 subsistance: Provided,That immediately upon enactment

3 of this Act, the rate of fees under section 6(b) of the Se4 curities Act of 1933 (15 U.S.C. 77f(b)) shall increase

5 from one-fiftieth of one percentum to one-thirty-third of

6 one percentum, and such increase shall be deposited as

7 an offsetting collection to this appropriation, to remain

8 available until expended, to recover costs of services of

9 the securities registration process: Provided further,That

10 effective January 1, 1997, every national securities asso11 ciation shall pay to the Commission a fee at a rate of

12 one-three-hundredth of one percentum of the aggregate

13 dollar amount of sales transacted by or through any

14 member of such association otherwise than on a national

15 securities exchange (other than bonds, debentures, and

16 other evidences of indebtedness) subject to prompt last

17 sale reporting pursuant to the rules of the Commission

18 or a registered national securities association, excluding

19 any sales for which a fee is paid under section 31 of the

20 Securities Exchange Act of 1934 (15 U.S.C. 78ee), and

21 such increase shall be deposited as an offsetting collection

22 to this appropriation, to remain available until expended,

23 to recover the costs to the Government of the supervision

24 and regulation of securities markets and securities pro25 fessionals: Provided further, That the fee due from every
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1 national securities association shall be paid on or before

2 September 30, 1997, with respect to transactions and

3 sales occurring during the period beginning on January

4 1, 1997, and ending at the close of August 31, 1997:

5 Provided further, That the total amount appropriated for

6 fiscal year 1997 under this heading shall be reduced as

7 all such offsetting fees are deposited to this appropriation

8 so as to result in a final total fiscal year 1997 appropria9 tion from the General Fund estimated at not more than

10 $37,778,000: Provided further, That any such fees col11 lected in excess of $222,622,000 shall remain available

12 until expended but shall not be available for obligation

13 until October 1, 1997.

14 SMALL BUSINESS ADMINISTRATION

15 SALARIES AND EXPENSES

16 For necessary expenses, not otherwise provided

17 for, of the Small Business Administration as authorized

18 by Public Law 103–403, including hire of passenger

19 motor vehicles as authorized by 31 U.S.C. 1343 and

20 1344, and not to exceed $3,500 for official reception and

21 representation expenses, $223,547,000, of which

22 $1,000,000 shall only be available for obligation and ex23 penditure for projects jointly developed, implemented and

24 administered with the Minority Business Development

25 Agency of the Department of Commerce: Provided, That
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1 the Administrator is authorized to charge fees to cover

2 the cost of publications developed by the Small Business

3 Administration, and certain loan servicing activities: Pro4 vided further, That notwithstanding 31 U.S.C. 3302, rev5 enues received from all such activities shall be credited to

6 this account, to be available for carrying out these pur7 poses without further appropriations: Provided further,

8 That $75,500,000 shall be available to fund grants for

9 performance in fiscal year 1997 or fiscal year 1998 as

10 authorized by section 21 of the Small Business Act, as

11 amended. In addition, for expenses not otherwise pro12 vided for, of the Small Business Administration,

13 $11,500,000, of which: $3,000,000 shall be available for

14 a grant to continue the WVHTC Foundation outreach

15 program to assist small business development;

16 $7,000,000 shall be available for a grant to the Center

17 for Rural Development in Somerset, Kentucky, for small

18 business and rural technology development assistance;

19 $1,000,000 shall be available for a grant to Indiana State

20 University for the renovation and equipping of a training

21 facility, to assist in creating small business and economic

22 development opportunities; and $500,000 shall be avail23 able for a continuation grant to the Center for Entre24 preneurial Opportunity in Greensburg, Pennsylvania, to

25 provide for small business consulting and assistance.
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1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector

3 General in carrying out the provisions of the Inspector

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

5 as amended by Public Law 100–504), $9,000,000.

6 BUSINESS LOANS PROGRAM ACCOUNT

7 For the cost of direct loans, $1,691,000, and for

8 the cost of guaranteed loans, $182,017,000, as author9 ized by 15 U.S.C. 631 note, of which $2,317,000, to be

10 available until expended, shall be for the Microloan Guar11 antee Program, and of which $40,510,000 shall remain

12 available until September 30, 1998: Provided, That such

13 costs, including the cost of modifying such loans, shall be

14 as defined in section 502 of the Congressional Budget

15 Act of 1974: Provided further, That during fiscal year

16 1997, commitments to guarantee loans under section 503

17 of the Small Business Investment Act of 1958, as amend18 ed, shall not exceed the amount of financings authorized

19 under section 20(n)(2)(B) of the Small Business Act, as

20 amended.

21 In addition, for administrative expenses to carry

22 out the direct and guaranteed loan programs,

23 $94,000,000, which may be transferred to and merged

24 with the appropriations for Salaries and Expenses.
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1 DISASTER LOANS PROGRAM ACCOUNT

2 For the cost of direct loans authorized by section

3 7(b) of the Small Business Act, as amended,

4 $105,432,000, to remain available until expended: Pro5 vided, That such costs, including the cost of modifying

6 such loans, shall be as defined in section 502 of the Con7 gressional Budget Act of 1974.

8 In addition, for administrative expenses to carry

9 out the direct loan program, $86,500,000, including not

10 to exceed $500,000 for the Office of Inspector General of

11 the Small Business Administration for audits and reviews

12 of disaster loans and the disaster loan program, and said

13 sums may be transferred to and merged with appropria14 tions for Salaries and Expenses and Office of Inspector

15 General.

16 SURETY BOND GUARANTEES REVOLVING FUND

17 For additional capital for the ‘‘Surety Bond Guar18 antees Revolving Fund’’, authorized by the Small Busi19 ness Investment Act, as amended, $3,730,000, to remain

20 available without fiscal year limitation as authorized by

21 15 U.S.C. 631 note.

22 ADMINISTRATIVE PROVISION—SMALL BUSINESS

23 ADMINISTRATION

24 SEC. 504. Not to exceed 5 percent of any appro25 priation made available for the current fiscal year for the

26 Small Business Administration in this Act may be trans-
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1 ferred between such appropriations, but no such appro2 priation shall be increased by more than 10 percent by

3 any such transfers: Provided, That any transfer pursuant

4 to this section shall be treated as a reprogramming of

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

6 available for obligation or expenditure except in compli7 ance with the procedures set forth in that section.

8 STATE JUSTICE INSTITUTE

9 SALARIES AND EXPENSES

10 For necessary expenses of the State Justice Insti11 tute, as authorized by the State Justice Institute Author12 ization Act of 1992 (Public Law 102–572 (106 Stat.

13 4515–4516)), $6,000,000, to remain available until ex14 pended: Provided, That not to exceed $2,500 shall be

15 available for official reception and representation ex16 penses.

17 TITLE VI—GENERAL PROVISIONS

18 SEC. 601. No part of any appropriation contained

19 in this Act shall be used for publicity or propaganda pur20 poses not authorized by the Congress.

21 SEC. 602. No part of any appropriation contained

22 in this Act shall remain available for obligation beyond

23 the current fiscal year unless expressly so provided here24 in.
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1 SEC. 603. The expenditure of any appropriation

2 under this Act for any consulting service through pro3 curement contract, pursuant to 5 U.S.C. 3109, shall be

4 limited to those contracts where such expenditures are a

5 matter of public record and available for public inspec6 tion, except where otherwise provided under existing law,

7 or under existing Executive order issued pursuant to ex8 isting law.

9 SEC. 604. If any provision of this Act or the ap10 plication of such provision to any person or circumstances

11 shall be held invalid, the remainder of the Act and the

12 application of each provision to persons or circumstances

13 other than those as to which it is held invalid shall not

14 be affected thereby.

15 SEC. 605. (a) None of the funds provided under

16 this Act, or provided under previous appropriations Acts

17 to the agencies funded by this Act that remain available

18 for obligation or expenditure in fiscal year 1997, or pro19 vided from any accounts in the Treasury of the United

20 States derived by the collection of fees available to the

21 agencies funded by this Act, shall be available for obliga22 tion or expenditure through a reprogramming of funds

23 which (1) creates new programs; (2) eliminates a pro24 gram, project, or activity; (3) increases funds or person25 nel by any means for any project or activity for which
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1 funds have been denied or restricted; (4) relocates an of2 fice or employees; (5) reorganizes offices, programs, or

3 activities; or (6) contracts out or privatizes any functions,

4 or activities presently performed by Federal employees;

5 unless the Appropriations Committees of both Houses of

6 Congress are notified fifteen days in advance of such re7 programming of funds.

8 (b) None of the funds provided under this Act, or

9 provided under previous appropriations Acts to the agen10 cies funded by this Act that remain available for obliga11 tion or expenditure in fiscal year 1997, or provided from

12 any accounts in the Treasury of the United States de13 rived by the collection of fees available to the agencies

14 funded by this Act, shall be available for obligation or ex15 penditure for activities, programs, or projects through a

16 reprogramming of funds in excess of $500,000 or 10 per17 cent, whichever is less, that (1) augments existing pro18 grams, projects, or activities; (2) reduces by 10 percent

19 funding for any existing program, project, or activity, or

20 numbers of personnel by 10 percent as approved by Con21 gress; or (3) results from any general savings from a re22 duction in personnel which would result in a change in

23 existing programs, activities, or projects as approved by

24 Congress; unless the Appropriations Committees of both
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1 Houses of Congress are notified fifteen days in advance

2 of such reprogramming of funds.

3 SEC. 606. None of the funds made available in

4 this Act may be used for the construction, repair (other

5 than emergency repair), overhaul, conversion, or mod6 ernization of vessels for the National Oceanic and Atmos7 pheric Administration in shipyards located outside of the

8 United States.

9 SEC. 607. (a) PURCHASE OF AMERICAN-MADE

10 EQUIPMENT AND PRODUCTS.—It is the sense of the Con11 gress that, to the greatest extent practicable, all equip12 ment and products purchased with funds made available

13 in this Act should be American-made.

14 (b) NOTICE REQUIREMENT.—In providing finan15 cial assistance to, or entering into any contract with, any

16 entity using funds made available in this Act, the head

17 of each Federal agency, to the greatest extent prac18 ticable, shall provide to such entity a notice describing

19 the statement made in subsection (a) by the Congress.

20 (c) PROHIBITION OF CONTRACTS WITH PERSONS

21 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

22 If it has been finally determined by a court or Federal

23 agency that any person intentionally affixed a label bear24 ing a ‘‘Made in America’’ inscription, or any inscription

25 with the same meaning, to any product sold in or shipped
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1 to the United States that is not made in the United

2 States, the person shall be ineligible to receive any con3 tract or subcontract made with funds made available in

4 this Act, pursuant to the debarment, suspension, and in5 eligibility procedures described in sections 9.400 through

6 9.409 of title 48, Code of Federal Regulations.

7 SEC. 608. None of the funds made available in

8 this Act may be used to implement, administer, or en9 force any guidelines of the Equal Employment Oppor10 tunity Commission covering harassment based on reli11 gion, when it is made known to the Federal entity or offi12 cial to which such funds are made available that such

13 guidelines do not differ in any respect from the proposed

14 guidelines published by the Commission on October 1,

15 1993 (58 Fed. Reg. 51266).

16 SEC. 609. None of the funds appropriated or oth17 erwise made available by this Act may be obligated or ex18 pended to pay for any cost incurred for (1) opening or

19 operating any United States diplomatic or consular post

20 in the Socialist Republic of Vietnam that was not operat21 ing on July 11, 1995; (2) expanding any United States

22 diplomatic or consular post in the Socialist Republic of

23 Vietnam that was operating on July 11, 1995; or (3) in24 creasing the total number of personnel assigned to Unit25 ed States diplomatic or consular posts in the Socialist
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1 Republic of Vietnam above the levels existing on July 11,

2 1995, unless the President certifies within 60 days, based

3 upon all information available to the United States Gov4 ernment that the Government of the Socialist Republic of

5 Vietnam is cooperating in full faith with the United

6 States in the following four areas:

7 (1) Resolving discrepancy cases, live sightings

8 and field activities,

9 (2) Recovering and repatriating American re10 mains,

11 (3) Accelerating efforts to provide documents

12 that will help lead to fullest possible accounting of

13 POW/MIA’s.

14 (4) Providing further assistance in implement15 ing trilateral investigations with Laos.

16 SEC. 610. None of the funds made available by

17 this Act may be used for any United Nations undertaking

18 when it is made known to the Federal official having au19 thority to obligate or expend such funds (1) that the

20 United Nations undertaking is a peacekeeping mission,

21 (2) that such undertaking will involve United States

22 Armed Forces under the command or operational control

23 of a foreign national, and (3) that the President’s mili24 tary advisors have not submitted to the President a rec25 ommendation that such involvement is in the national se-
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1 curity interests of the United States and the President

2 has not submitted to the Congress such a recommenda3 tion.

4 SEC. 611. None of the funds made available in

5 this Act shall be used to provide the following amenities

6 or personal comforts in the Federal prison system—

7 (1) in-cell television viewing except for prisoners

8 who are segregated from the general prison popu9 lation for their own safety;

10 (2) the viewing of R, X, and NC–17 rated mov11 ies, through whatever medium presented;

12 (3) any instruction (live or through broadcasts)

13 or training equipment for boxing, wrestling, judo,

14 karate, or other martial art, or any bodybuilding or

15 weightlifting equipment of any sort;

16 (4) possession of in-cell coffee pots, hot plates

17 or heating elements; or

18 (5) the use or possession of any electric or elec19 tronic musical instrument.

20 SEC. 612. None of the funds made available in

21 title II for the National Oceanic and Atmospheric Admin22 istration (NOAA) under the heading ‘‘Fleet Moderniza23 tion, Shipbuilding and Conversion’’ may be used to imple24 ment sections 603, 604, and 605 of Public Law 102–567:

25 Provided, That NOAA may develop a modernization plan
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1 for its fisheries research vessels that takes fully into ac2 count opportunities for contracting for fisheries surveys.

3 SEC. 613. Any costs incurred by a Department or

4 agency funded under this Act resulting from personnel

5 actions taken in response to funding reductions included

6 in this Act shall be absorbed within the total budgetary

7 resources available to such Department or agency: Pro8 vided, That the authority to transfer funds between ap9 propriations accounts as may be necessary to carry out

10 this section is provided in addition to authorities included

11 elsewhere in this Act: Provided further, That use of funds

12 to carry out this section shall be treated as a reprogram13 ming of funds under section 605 of this Act and shall not

14 be available for obligation or expenditure except in com15 pliance with the procedures set forth in that section.

16 SEC. 614. None of the funds made available in

17 this Act to the Federal Bureau of Prisons may be used

18 to distribute or make available any commercially pub19 lished information or material to a prisoner when it is

20 made known to the Federal official having authority to

21 obligate or expend such funds that such information or

22 material is sexually explicit or features nudity.

23 SEC. 615. Of the funds appropriated in this Act

24 under the heading ‘‘OFFICE OF JUSTICE PRO25 GRAMS—STATE AND LOCAL LAW ENFORCEMENT AS-
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1 SISTANCE’’ and ‘‘Community Oriented Policing Services

2 Program’’, not more than ninety percent of the amount

3 to be awarded to an entity under the Local Law Enforce4 ment Block Grant and part Q of title I of the Omnibus

5 Crime Control and Safe Streets Act of 1968 shall be

6 made available to such an entity when it is made known

7 to the Federal official having authority to obligate or ex8 pend such funds that the entity that employs a public

9 safety officer (as such term is defined in section 1204 of

10 title I of the Omnibus Crime Control and Safe Streets

11 Act of 1968) does not provide such a public safety officer

12 who retires or is separated from service due to injury suf13 fered as the direct and proximate result of a personal in14 jury sustained in the line of duty while responding to an

15 emergency situation or a hot pursuit (as such terms are

16 defined by State law) with the same or better level of

17 health insurance benefits that are paid by the entity at

18 the time of retirement or separation.

19 SEC. 616. LIMITATION ON PATENT INFRINGEMENTS RELAT20 ING TO A MEDICAL PRACTITIONER’S PER21 FORMANCE OF A MEDICAL ACTIVITY.

22 Section 287 of title 35, United States Code, is

23 amended by adding at the end the following new sub24 section:
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1 (c)(1) With respect to a medical practitioner’s

2 performance of a medical activity that constitutes an in3 fringement under section 271 (a) or (b) of this title, the

4 provisions of sections 281, 283, 284, and 285 of this title

5 shall not apply against the medical practitioner or

6 against a related health care entity with respect to such

7 medical activity.

8 (2) For the purposes of this subsection:

9 (A) the term ‘‘medical activity’’ means the per10 formance of a medical or surgical procedure on a

11 body, but shall not include (i) the use of a patented

12 machine, manufacture, or composition of matter in

13 violation of such patent, (ii) the practice of a pat14 ented use of a composition of matter in violation of

15 such patent, or (iii) the practice of a process in vio16 lation of a biotechnology patent.

17 (B) the term ‘‘medical practitioner’’ means any

18 natural person who is licensed by a State to provide

19 the medical activity described in subsection (c)(1) or

20 who is acting under the direction of such person in

21 the performance of the medical activity.

22 (C) the term ‘‘related health care entity’’ shall

23 mean an entity with which a medical practitioner

24 has a professional affiliation under which the medi25 cal practitioner performs the medical activity, includ-
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1 ing but not limited to a nursing home, hospital, uni2 versity, medical school, health maintenance organiza3 tion, group medical practice, or a medical clinic.

4 (D) the term ‘‘professional affiliation’’ shall

5 mean staff privileges, medical staff membership, em6 ployment or contractual relationship, partnership or

7 ownership interest, academic appointment, or other

8 affiliation under which a medical practitioner pro9 vides the medical activity on behalf of, or in associa10 tion with, the health care entity.

11 (E) the term ‘‘body’’ shall mean a human body,

12 organ or cadaver, or a nonhuman animal used in

13 medical research or instruction directly relating to

14 the treatment of humans.

15 (F) the term ‘‘patented use of a composition of

16 matter’’ does not include a claim for a method of

17 performing a medical or surgical procedure on a

18 body that recites the use of a composition of matter

19 where the use of that composition of matter does not

20 directly contribute to achievement of the objective of

21 the claimed method.

22 (G) the term ‘‘State’’ shall mean any state or

23 territory of the United States, the District of Colum24 bia, and the Commonwealth of Puerto Rico.
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1 (3) This subsection does not apply to the activities

2 of any person, or employee or agent of such person (re3 gardless of whether such person is a tax exempt organi4 zation under section 501(c) of the Internal Revenue

5 Code), who is engaged in the commercial development,

6 manufacture, sale, importation, or distribution of a ma7 chine, manufacture, or composition of matter or the pro8 vision of pharmacy or clinical laboratory services (other

9 than clinical laboratory services provided in a physician’s

10 office), where such activities are:

11 (A) directly related to the commercial develop12 ment, manufacture, sale, importation, or distribution

13 of a machine, manufacture, or composition of matter

14 or the provision of pharmacy or clinical laboratory

15 services (other than clinical laboratory services pro16 vided in a physician’s office), and

17 (B) regulated under the Federal Food, Drug,

18 and Cosmetic Act, the Public Health Service Act, or

19 the Clinical Laboratories Improvement Act.

20 (4) This subsection shall not apply to any patent

21 issued before the date of enactment of this subsection.

22 SEC. 617. Effective with the enactment of this Act

23 and in any fiscal year hereafter, section 8 of Public Law

24 96–132 is hereby repealed.
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1 SEC. 618. (a) IN GENERAL.—The Secretary may

2 issue a guarantee or a commitment to guarantee obliga3 tions under title XI of the Merchant Marine Act, 1936

4 (46 App. U.S.C. 1271 et seq.), upon such terms as the

5 Secretary may prescribe, to assist in the reactivation and

6 modernization of any shipyard in the United States that

7 is closed on the date of the enactment of this Act, if the

8 Secretary finds that—

9 (1) the closed shipyard historically built mili10 tary vessels and responsible entities now seek to re11 open it as an internationally competitive commercial

12 shipyard;

13 (2)(A) the closed shipyard has been designated

14 by the President as a public-private partnership

15 project; or

16 (B) has a reuse plan approved by the Navy in

17 which commercial shipbuilding and repair are pri18 mary activities and has a revolving economic conver19 sion fund approved by the Department of Defense;

20 and

21 (3) the State in which the shipyard is located,

22 and each other involved State, or a State-chartered

23 agency, is making a significant financial investment

24 in the overall cost of reactivation and modernization

25 as its contribution to the reactivation and mod-
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1 ernization project, in addition to the funds required

2 by subsection (d)(2) of this section.

3 (b) WAIVERS.—Notwithstanding any other provi4 sion of title XI of the Merchant Marine Act, 1936 (46

5 App. U.S.C. 1271 et seq.), the Secretary shall not apply

6 the requirements of section 1104A(d) of that Act when

7 issuing a guarantee or a commitment to guarantee an ob8 ligation under this section.

9 (c) CONDITIONS.—The Secretary shall impose

10 such conditions on the issuance of a guarantee or a com11 mitment to guarantee under this section as are necessary

12 to protect the interests of the United States from the risk

13 of a default. The Secretary shall consider the inter14 dependency of such shipyard modernization and reactiva15 tion projects and related vessel loan guarantee requests

16 pending under title XI of the Merchant Marine Act, 1936

17 (46 App. U.S.C. 1271 et seq.) before issuing a guarantee

18 of a commitment to guarantee under this section.

19 (d) FUNDING PROVISIONS.—

20 (1) The Secretary may not guarantee or com21 mit to guarantee obligations under this section that

22 exceed $50,000,000 in the aggregate.

23 (2) The amount of appropriated funds required

24 by the Federal Credit Reform Act of 1990 (2 U.S.C.

25 661a et seq.) in advance of the Secretary’s issuance
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1 of a guarantee or a commitment to guarantee under

2 this section shall be provided by the State in which

3 the shipyard is located, and other involved States, or

4 by a State-chartered agency, and deposited by the

5 Secretary in the financing account established under

6 the Federal Credit Reform Act of 1990 (2 U.S.C.

7 661a et seq.) for loan guarantees issued by the Sec8 retary under title XI of the Merchant Marine Act of

9 1936 (46 App. U.S.C. 1271 et seq.). No federally

10 appropriated funds shall be available for this pur11 pose. The funds deposited into that financing ac12 count shall be held and applied by the Secretary in

13 accordance with the provisions of the Federal Credit

14 Reform Act of 1990 (2 U.S.C. 661a et seq.), except

15 that, unless the Secretary shall have earlier paid an

16 obligee or been required to pay an obligee pursuant

17 to the terms of a loan guarantee, the funds depos18 ited in that financing account shall be returned,

19 upon the expiration of the Secretary’s loan guaran20 tee, to the State, States, or State-chartered agency

21 which originally provided the funds to the Secretary.

22 (3) Notwithstanding the provisions of any other

23 law or regulation, the cost (as that term is defined

24 by the Federal Credit Reform Act of 1990 (2 U.S.C.
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1 661a et seq.)) of a guarantee or commitment to

2 guarantee issued under this section—

3 (A) may only be determined with reference

4 to the merits of the specific closed shipyard re5 activation project which is the subject of that

6 guarantee or commitment to guarantee, without

7 reference to any other project, type of project,

8 or averaged risk; and

9 (B) may not be used in determining the

10 cost of any other project, type of project, or

11 averaged risk applicable to guarantees or com12 mitments to guarantee issued under title XI of

13 the Merchant Marine Act, 1936 (46 App.

14 U.S.C. 1271 et seq.).

15 (e) SUNSET.—No commitment to guarantee obli16 gations under this section shall be issued by the Sec17 retary after one year after the date of enactment of this

18 section.

19 (f) DEFINITION.—As used in this section, the

20 term ‘‘Secretary’’ means the Secretary of Transportation.
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1 TITLE VII—RESCISSIONS

2 DEPARTMENT OF JUSTICE

3 GENERAL ADMINISTRATION

4 WORKING CAPITAL FUND

5 (RESCISSION)

6 Of the unobligated balances available under this

7 heading on October 31, 1996, $30,000,000 are rescinded.

8 IMMIGRATION AND NATURALIZATION SERVICE

9 IMMIGRATION EMERGENCY FUND

10 (RESCISSION)

11 Of the unobligated balances available under this

12 heading $34,779,000 are rescinded.

13 TITLE VIII—FISCAL YEAR 1996 SUPPLEMENTAL

14 AND RESCISSION

15 DEPARTMENT OF JUSTICE

16 FEDERAL PRISON SYSTEM

17 SALARIES AND EXPENSES

18 In addition to funds made available under this

19 heading, $40,000,000, which shall remain available until

20 September 30, 1997: Provided, That these funds shall be

21 available upon enactment of this Act: Provided further,

22 That these funds shall only be available if enacted by

23 September 30, 1996.

24 (RESCISSION)

25 Of the unobligated balances made available under

26 this heading until September 30, 1996, $40,000,000 are
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1 rescinded: Provided, That these funds shall only be avail2 able for rescission if enacted by September 30, 1996.

3 TITLE IX—SUPPLEMENTAL APPROPRIATIONS

4 DEPARTMENT OF COMMERCE

5 ECONOMIC DEVELOPMENT ADMINISTRATION

6 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

7 For an additional amount for ‘‘Economic Develop8 ment Assistance Programs’’ for emergency infrastructure

9 expenses resulting from Hurricane Fran and Hurricane

10 Hortense and other natural disasters, $25,000,000, to re11 main available until expended: Provided, That the entire

12 amount is designated by Congress as an emergency re13 quirement pursuant to section 251(b)(2)(D)(i) of the

14 Balanced Budget and Emergency Deficit Control Act of

15 1985, as amended.

16 RELATED AGENCY

17 SMALL BUSINESS ADMINISTRATION

18 DISASTER LOANS PROGRAM ACCOUNT

19 For an additional amount for ‘‘Disaster Loans

20 Program Account’’ for emergency expenses resulting

21 from Hurricanes Fran and Hortense and other disasters,

22 $113,000,000 for the cost of direct loans, to remain

23 available until expended: Provided, That such costs, in24 cluding the cost of modifying such loans, shall be as de25 fined in section 502 of the Congressional Budget Act of
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1 1974; and for administrative expenses to carry out the

2 disaster loan program, $22,000,000, to remain available

3 until expended, which may be transferred to and merged

4 with ‘‘Salaries and Expenses’’: Provided further, That

5 both amounts are hereby designated by Congress as

6 emergency requirements pursuant to section

7 251(b)(2)(D)(i) of the Balanced Budget and Emergency

8 Deficit Control Act of 1985, as amended.

9 This Act may be cited as the ‘‘Departments of

10 Commerce, Justice, and State, the Judiciary, and Related

11 Agencies Appropriations Act, 1997’’.

12 (b) For programs, projects or activities in the De13 partment of Defense Appropriations Act, 1997, provided

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

15 law as the regular appropriations Act:

16 AN ACT

17 Making appropriations for the Department of De18 fense for the fiscal year ending September 30, 1997, and

19 for other purposes.

20 TITLE I

21 MILITARY PERSONNEL

22 MILITARY PERSONNEL, ARMY

23 For pay, allowances, individual clothing, subsist24 ence, interest on deposits, gratuities, permanent change

25 of station travel (including all expenses thereof for orga-
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1 nizational movements), and expenses of temporary duty

2 travel between permanent duty stations, for members of

3 the Army on active duty (except members of reserve com4 ponents provided for elsewhere), cadets, and aviation ca5 dets; and for payments pursuant to section 156 of Public

6 Law 97–377, as amended (42 U.S.C. 402 note), to sec7 tion 229(b) of the Social Security Act (42 U.S.C.

8 429(b)), and to the Department of Defense Military Re9 tirement Fund; $20,633,998,000.

10 MILITARY PERSONNEL, NAVY

11 For pay, allowances, individual clothing, subsist12 ence, interest on deposits, gratuities, permanent change

13 of station travel (including all expenses thereof for orga14 nizational movements), and expenses of temporary duty

15 travel between permanent duty stations, for members of

16 the Navy on active duty (except members of the Reserve

17 provided for elsewhere), midshipmen, and aviation cadets;

18 and for payments pursuant to section 156 of Public Law

19 97–377, as amended (42 U.S.C. 402 note), to section

20 229(b) of the Social Security Act (42 U.S.C. 429(b)),

21 and to the Department of Defense Military Retirement

22 Fund; $16,986,976,000.

23 MILITARY PERSONNEL, MARINE CORPS

24 For pay, allowances, individual clothing, subsist25 ence, interest on deposits, gratuities, permanent change
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1 of station travel (including all expenses thereof for orga2 nizational movements), and expenses of temporary duty

3 travel between permanent duty stations, for members of

4 the Marine Corps on active duty (except members of the

5 Reserve provided for elsewhere); and for payments pursu6 ant to section 156 of Public Law 97–377, as amended

7 (42 U.S.C. 402 note), to section 229(b) of the Social Se8 curity Act (42 U.S.C. 429(b)), and to the Department of

9 Defense Military Retirement Fund; $6,111,728,000.

10 MILITARY PERSONNEL, AIR FORCE

11 For pay, allowances, individual clothing, subsist12 ence, interest on deposits, gratuities, permanent change

13 of station travel (including all expenses thereof for orga14 nizational movements), and expenses of temporary duty

15 travel between permanent duty stations, for members of

16 the Air Force on active duty (except members of reserve

17 components provided for elsewhere), cadets, and aviation

18 cadets; and for payments pursuant to section 156 of Pub19 lic Law 97–377, as amended (42 U.S.C. 402 note), to

20 section 229(b) of the Social Security Act (42 U.S.C.

21 429(b)), and to the Department of Defense Military Re22 tirement Fund; $17,069,490,000.

23 RESERVE PERSONNEL, ARMY

24 For pay, allowances, clothing, subsistence, gratu25 ities, travel, and related expenses for personnel of the
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1 Army Reserve on active duty under sections 10211,

2 10302, and 3038 of title 10, United States Code, or

3 while serving on active duty under section 12301(d) of

4 title 10, United States Code, in connection with perform5 ing duty specified in section 12310(a) of title 10, United

6 States Code, or while undergoing reserve training, or

7 while performing drills or equivalent duty or other duty,

8 and for members of the Reserve Officers’ Training Corps,

9 and expenses authorized by section 16131 of title 10,

10 United States Code; and for payments to the Department

11 of Defense Military Retirement Fund; $2,073,479,000.

12 RESERVE PERSONNEL, NAVY

13 For pay, allowances, clothing, subsistence, gratu14 ities, travel, and related expenses for personnel of the

15 Navy Reserve on active duty under section 10211 of title

16 10, United States Code, or while serving on active duty

17 under section 12301(d) of title 10, United States Code,

18 in connection with performing duty specified in section

19 12310(a) of title 10, United States Code, or while under20 going reserve training, or while performing drills or

21 equivalent duty, and for members of the Reserve Officers’

22 Training Corps, and expenses authorized by section

23 16131 of title 10, United States Code; and for payments

24 to the Department of Defense Military Retirement Fund;

25 $1,405,606,000.
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1 RESERVE PERSONNEL, MARINE CORPS

2 For pay, allowances, clothing, subsistence, gratu3 ities, travel, and related expenses for personnel of the

4 Marine Corps Reserve on active duty under section

5 10211 of title 10, United States Code, or while serving

6 on active duty under section 12301(d) of title 10, United

7 States Code, in connection with performing duty specified

8 in section 12310(a) of title 10, United States Code, or

9 while undergoing reserve training, or while performing

10 drills or equivalent duty, and for members of the Marine

11 Corps platoon leaders class, and expenses authorized by

12 section 16131 of title 10, United States Code; and for

13 payments to the Department of Defense Military Retire14 ment Fund; $388,643,000.

15 RESERVE PERSONNEL, AIR FORCE

16 For pay, allowances, clothing, subsistence, gratu17 ities, travel, and related expenses for personnel of the Air

18 Force Reserve on active duty under sections 10211,

19 10305, and 8038 of title 10, United States Code, or

20 while serving on active duty under section 12301(d) of

21 title 10, United States Code, in connection with perform22 ing duty specified in section 12310(a) of title 10, United

23 States Code, or while undergoing reserve training, or

24 while performing drills or equivalent duty or other duty,

25 and for members of the Air Reserve Officers’ Training
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1 Corps, and expenses authorized by section 16131 of title

2 10, United States Code; and for payments to the Depart3 ment of Defense Military Retirement Fund;

4 $783,697,000.

5 NATIONAL GUARD PERSONNEL, ARMY

6 For pay, allowances, clothing, subsistence, gratu7 ities, travel, and related expenses for personnel of the

8 Army National Guard while on duty under section 10211,

9 10302, or 12402 of title 10 or section 708 of title 32,

10 United States Code, or while serving on duty under sec11 tion 12301(d) of title 10 or section 502(f) of title 32,

12 United States Code, in connection with performing duty

13 specified in section 12310(a) of title 10, United States

14 Code, or while undergoing training, or while performing

15 drills or equivalent duty or other duty, and expenses au16 thorized by section 16131 of title 10, United States Code;

17 and for payments to the Department of Defense Military

18 Retirement Fund; $3,266,393,000.

19 NATIONAL GUARD PERSONNEL, AIR FORCE

20 For pay, allowances, clothing, subsistence, gratu21 ities, travel, and related expenses for personnel of the Air

22 National Guard on duty under section 10211, 10305, or

23 12402 of title 10 or section 708 of title 32, United States

24 Code, or while serving on duty under section 12301(d) of

25 title 10 or section 502(f) of title 32, United States Code,
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1 in connection with performing duty specified in section

2 12310(a) of title 10, United States Code, or while under3 going training, or while performing drills or equivalent

4 duty or other duty, and expenses authorized by section

5 16131 of title 10, United States Code; and for payments

6 to the Department of Defense Military Retirement Fund;

7 $1,296,490,000.

8 TITLE II

9 OPERATION AND MAINTENANCE

10 OPERATION AND MAINTENANCE, ARMY

11 (INCLUDING TRANSFER OF FUNDS)

12 For expenses, not otherwise provided for, nec13 essary for the operation and maintenance of the Army,

14 as authorized by law; and not to exceed $11,437,000 can

15 be used for emergencies and extraordinary expenses, to

16 be expended on the approval or authority of the Secretary

17 of the Army, and payments may be made on his certifi18 cate of necessity for confidential military purposes;

19 $17,519,340,000 and, in addition, $50,000,000 shall be

20 derived by transfer from the National Defense Stockpile

21 Transaction Fund: Provided, That during the current fis22 cal year and hereafter, funds appropriated under this

23 paragraph may be made available to the Department of

24 the Interior to support the Memorial Day and Fourth of

25 July ceremonies and activities in the National Capital
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1 Region: Provided further, That of the funds appropriated

2 in this paragraph, not less than $300,000,000 shall be

3 made available only for conventional ammunition care

4 and maintenance.

5 OPERATION AND MAINTENANCE, NAVY

6 (INCLUDING TRANSFER OF FUNDS)

7 For expenses, not otherwise provided for, nec8 essary for the operation and maintenance of the Navy

9 and the Marine Corps, as authorized by law; and not to

10 exceed $3,995,000, can be used for emergencies and ex11 traordinary expenses, to be expended on the approval or

12 authority of the Secretary of the Navy, and payments

13 may be made on his certificate of necessity for confiden14 tial military purposes; $20,061,961,000 and, in addition,

15 $50,000,000 shall be derived by transfer from the Na16 tional Defense Stockpile Transaction Fund.

17 OPERATION AND MAINTENANCE, MARINE CORPS

18 For expenses, not otherwise provided for, nec19 essary for the operation and maintenance of the Marine

20 Corps, as authorized by law; $2,254,119,000.

21 OPERATION AND MAINTENANCE, AIR FORCE

22 (INCLUDING TRANSFER OF FUNDS)

23 For expenses, not otherwise provided for, nec24 essary for the operation and maintenance of the Air

25 Force, as authorized by law; and not to exceed
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1 $8,362,000 can be used for emergencies and extraor2 dinary expenses, to be expended on the approval or au3 thority of the Secretary of the Air Force, and payments

4 may be made on his certificate of necessity for confiden5 tial military purposes; $17,263,193,000 and, in addition,

6 $50,000,000 shall be derived by transfer from the Na7 tional Defense Stockpile Transaction Fund.

8 OPERATION AND MAINTENANCE, DEFENSE-WIDE

9 (INCLUDING TRANSFER OF FUNDS)

10 For expenses, not otherwise provided for, nec11 essary for the operation and maintenance of activities

12 and agencies of the Department of Defense (other than

13 the military departments), as authorized by law;

14 $10,044,200,000, of which not to exceed $25,000,000

15 may be available for the CINC initiative fund account;

16 and of which not to exceed $28,500,000 can be used for

17 emergencies and extraordinary expenses, to be expended

18 on the approval or authority of the Secretary of Defense,

19 and payments may be made on his certificate of necessity

20 for confidential military purposes: Provided, That of the

21 funds appropriated under this heading, $20,000,000 shall

22 be made available only for use in federally owned edu23 cation facilities located on military installations for the

24 purpose of transferring title of such facilities to the local

25 education agency: Provided further, That of the funds ap-
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1 propriated under this heading, $1,000,000 is available, by

2 grant or other transfer, to the Harnett County School

3 Board, Lillington, North Carolina, for use by the school

4 board for the education of dependents of members of the

5 Armed Forces and employees of the Department of De6 fense located at Fort Bragg and Pope Air Force Base,

7 North Carolina.

8 OPERATION AND MAINTENANCE, ARMY RESERVE

9 For expenses, not otherwise provided for, nec10 essary for the operation and maintenance, including

11 training, organization, and administration, of the Army

12 Reserve; repair of facilities and equipment; hire of pas13 senger motor vehicles; travel and transportation; care of

14 the dead; recruiting; procurement of services, supplies,

15 and equipment; and communications; $1,119,436,000.

16 OPERATION AND MAINTENANCE, NAVY RESERVE

17 For expenses, not otherwise provided for, nec18 essary for the operation and maintenance, including

19 training, organization, and administration, of the Navy

20 Reserve; repair of facilities and equipment; hire of pas21 senger motor vehicles; travel and transportation; care of

22 the dead; recruiting; procurement of services, supplies,

23 and equipment; and communications; $886,027,000.
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1 OPERATION AND MAINTENANCE, MARINE CORPS

2 RESERVE

3 For expenses, not otherwise provided for, nec4 essary for the operation and maintenance, including

5 training, organization, and administration, of the Marine

6 Corps Reserve; repair of facilities and equipment; hire of

7 passenger motor vehicles; travel and transportation; care

8 of the dead; recruiting; procurement of services, supplies,

9 and equipment; and communications; $109,667,000.

10 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

11 For expenses, not otherwise provided for, nec12 essary for the operation and maintenance, including

13 training, organization, and administration, of the Air

14 Force Reserve; repair of facilities and equipment; hire of

15 passenger motor vehicles; travel and transportation; care

16 of the dead; recruiting; procurement of services, supplies,

17 and equipment; and communications; $1,496,553,000.

18 OPERATION AND MAINTENANCE, ARMY NATIONAL

19 GUARD

20 For expenses of training, organizing, and admin21 istering the Army National Guard, including medical and

22 hospital treatment and related expenses in non-Federal

23 hospitals; maintenance, operation, and repairs to struc24 tures and facilities; hire of passenger motor vehicles; per25 sonnel services in the National Guard Bureau; travel ex-
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1 penses (other than mileage), as authorized by law for

2 Army personnel on active duty, for Army National Guard

3 division, regimental, and battalion commanders while in4 specting units in compliance with National Guard Bureau

5 regulations when specifically authorized by the Chief, Na6 tional Guard Bureau; supplying and equipping the Army

7 National Guard as authorized by law; and expenses of re8 pair, modification, maintenance, and issue of supplies

9 and equipment (including aircraft); $2,254,477,000.

10 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

11 For operation and maintenance of the Air Na12 tional Guard, including medical and hospital treatment

13 and related expenses in non-Federal hospitals; mainte14 nance, operation, repair, and other necessary expenses of

15 facilities for the training and administration of the Air

16 National Guard, including repair of facilities, mainte17 nance, operation, and modification of aircraft; transpor18 tation of things, hire of passenger motor vehicles; sup19 plies, materials, and equipment, as authorized by law for

20 the Air National Guard; and expenses incident to the

21 maintenance and use of supplies, materials, and equip22 ment, including such as may be furnished from stocks

23 under the control of agencies of the Department of De24 fense; travel expenses (other than mileage) on the same

25 basis as authorized by law for Air National Guard per-
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1 sonnel on active Federal duty, for Air National Guard

2 commanders while inspecting units in compliance with

3 National Guard Bureau regulations when specifically au4 thorized by the Chief, National Guard Bureau;

5 $2,716,379,000.

6 OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND

7 (INCLUDING TRANSFER OF FUNDS)

8 For expenses directly relating to Overseas Contin9 gency Operations by United States military forces;

10 $1,140,157,000: Provided, That the Secretary of Defense

11 may transfer these funds only to operation and mainte12 nance accounts within this title: Provided further, That

13 the funds transferred shall be merged with and shall be

14 available for the same purposes and for the same time

15 period, as the appropriation to which transferred: Pro16 vided further, That the transfer authority provided in this

17 paragraph is in addition to any other transfer authority

18 contained elsewhere in this Act.

19 UNITED STATES COURT OF APPEALS FOR THE ARMED

20 FORCES

21 For salaries and expenses necessary for the Unit22 ed States Court of Appeals for the Armed Forces;

23 $6,797,000, of which not to exceed $2,500 can be used

24 for official representation purposes.
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1 ENVIRONMENTAL RESTORATION, ARMY

2 (INCLUDING TRANSFER OF FUNDS)

3 For the Department of the Army, $339,109,000,

4 to remain available until transferred: Provided, That the

5 Secretary of the Army shall, upon determining that such

6 funds are required for environmental restoration, reduc7 tion and recycling of hazardous waste, removal of unsafe

8 buildings and debris of the Department of the Army, or

9 for similar purposes, transfer the funds made available by

10 this appropriation to other appropriations made available

11 to the Department of the Army, to be merged with and

12 to be available for the same purposes and for the same

13 time period as the appropriations to which transferred:

14 Provided further, That upon a determination that all or

15 part of the funds transferred from this appropriation are

16 not necessary for the purposes provided herein, such

17 amounts may be transferred back to this appropriation:

18 Provided further, That not more than twenty-five percent

19 of funds provided under this heading may be obligated

20 for environmental remediation by the Corps of Engineers

21 under total environmental remediation contracts.

22 ENVIRONMENTAL RESTORATION, NAVY

23 (INCLUDING TRANSFER OF FUNDS)

24 For the Department of the Navy, $287,788,000,

25 to remain available until transferred: Provided, That the
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1 Secretary of the Navy shall, upon determining that such

2 funds are required for environmental restoration, reduc3 tion and recycling of hazardous waste, removal of unsafe

4 buildings and debris of the Department of the Navy, or

5 for similar purposes, transfer the funds made available by

6 this appropriation to other appropriations made available

7 to the Department of the Navy, to be merged with and

8 to be available for the same purposes and for the same

9 time period as the appropriations to which transferred:

10 Provided further, That upon a determination that all or

11 part of the funds transferred from this appropriation are

12 not necessary for the purposes provided herein, such

13 amounts may be transferred back to this appropriation.

14 ENVIRONMENTAL RESTORATION, AIR FORCE

15 (INCLUDING TRANSFER OF FUNDS)

16 For the Department of the Air Force,

17 $394,010,000, to remain available until transferred: Pro18 vided, That the Secretary of the Air Force shall, upon de19 termining that such funds are required for environmental

20 restoration, reduction and recycling of hazardous waste,

21 removal of unsafe buildings and debris of the Department

22 of the Air Force, or for similar purposes, transfer the

23 funds made available by this appropriation to other ap24 propriations made available to the Department of the Air

25 Force, to be merged with and to be available for the same
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1 purposes and for the same time period as the appropria2 tions to which transferred: Provided further, That upon

3 a determination that all or part of the funds transferred

4 from this appropriation are not necessary for the pur5 poses provided herein, such amounts may be transferred

6 back to this appropriation.

7 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

8 (INCLUDING TRANSFER OF FUNDS)

9 For the Department of the Defense, $36,722,000,

10 to remain available until transferred: Provided, That the

11 Secretary of Defense shall, upon determining that such

12 funds are required for environmental restoration, reduc13 tion and recycling of hazardous waste, removal of unsafe

14 buildings and debris of the Department of Defense, or for

15 similar purposes, transfer the funds made available by

16 this appropriation to other appropriations made available

17 to the Department of Defense, to be merged with and to

18 be available for the same purposes and for the same time

19 period as the appropriations to which transferred: Pro20 vided further, That upon a determination that all or part

21 of the funds transferred from this appropriation are not

22 necessary for the purposes provided herein, such amounts

23 may be transferred back to this appropriation.
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1 ENVIRONMENTAL RESTORATION, FORMERLY USED

2 DEFENSE SITES

3 (INCLUDING TRANSFER OF FUNDS)

4 For the Department of the Army, $256,387,000,

5 to remain available until transferred: Provided, That the

6 Secretary of the Army shall, upon determining that such

7 funds are required for environmental restoration, reduc8 tion and recycling of hazardous waste, removal of unsafe

9 buildings and debris at sites formerly used by the De10 partment of Defense, transfer the funds made available

11 by this appropriation to other appropriations made avail12 able to the Department of the Army, to be merged with

13 and to be available for the same purposes and for the

14 same time period as the appropriations to which trans15 ferred: Provided further, That upon a determination that

16 all or part of the funds transferred from this appropria17 tion are not necessary for the purposes provided herein,

18 such amounts may be transferred back to this appropria19 tion.

20 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

21 For expenses relating to the Overseas Humani22 tarian, Disaster, and Civic Aid programs of the Depart23 ment of Defense (consisting of the programs provided

24 under sections 401, 402, 404, 2547, and 2551 of title 10,
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1 United States Code); $49,000,000, to remain available

2 until September 30, 1998.

3 FORMER SOVIET UNION THREAT REDUCTION

4 For assistance to the republics of the former So5 viet Union, including assistance provided by contract or

6 by grants, for facilitating the elimination and the safe

7 and secure transportation and storage of nuclear, chemi8 cal and other weapons; for establishing programs to pre9 vent the proliferation of weapons, weapons components,

10 and weapon-related technology and expertise; for pro11 grams relating to the training and support of defense and

12 military personnel for demilitarization and protection of

13 weapons, weapons components and weapons technology

14 and expertise; $327,900,000, to remain available until ex15 pended.

16 QUALITY OF LIFE ENHANCEMENTS, DEFENSE

17 For expenses, not otherwise provided for, resulting

18 from unfunded shortfalls in the repair and maintenance

19 of real property of the Department of Defense (including

20 military housing and barracks); $600,000,000, for the

21 maintenance of real property of the Department of De22 fense (including minor construction and major mainte23 nance and repair), which shall remain available for obli24 gation until September 30, 1998, as follows:

25 Army, $149,000,000;
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1 Navy, $108,000,000;

2 Marine Corps, $45,000,000;

3 Air Force, $108,000,000;

4 Army Reserve, $18,000,000;

5 Navy Reserve, $18,000,000;

6 Marine Corps Reserve, $9,000,000;

7 Air Force Reserve, $15,000,000;

8 Army National Guard, $86,000,000; and

9 Air National Guard, $44,000,000.

10 TITLE III

11 PROCUREMENT

12 AIRCRAFT PROCUREMENT, ARMY

13 For construction, procurement, production, modi14 fication, and modernization of aircraft, equipment, in15 cluding ordnance, ground handling equipment, spare

16 parts, and accessories therefor; specialized equipment and

17 training devices; expansion of public and private plants,

18 including the land necessary therefor, for the foregoing

19 purposes, and such lands and interests therein, may be

20 acquired, and construction prosecuted thereon prior to

21 approval of title; and procurement and installation of

22 equipment, appliances, and machine tools in public and

23 private plants; reserve plant and Government and con24 tractor-owned equipment layaway; and other expenses
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1 necessary for the foregoing purposes; $1,348,434,000, to

2 remain available for obligation until September 30, 1999.

3 MISSILE PROCUREMENT, ARMY

4 For construction, procurement, production, modi5 fication, and modernization of missiles, equipment, in6 cluding ordnance, ground handling equipment, spare

7 parts, and accessories therefor; specialized equipment and

8 training devices; expansion of public and private plants,

9 including the land necessary therefor, for the foregoing

10 purposes, and such lands and interests therein, may be

11 acquired, and construction prosecuted thereon prior to

12 approval of title; and procurement and installation of

13 equipment, appliances, and machine tools in public and

14 private plants; reserve plant and Government and con15 tractor-owned equipment layaway; and other expenses

16 necessary for the foregoing purposes; $1,041,867,000, to

17 remain available for obligation until September 30, 1999.

18 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

19 VEHICLES, ARMY

20 For construction, procurement, production, and

21 modification of weapons and tracked combat vehicles,

22 equipment, including ordnance, spare parts, and acces23 sories therefor; specialized equipment and training de24 vices; expansion of public and private plants, including

25 the land necessary therefor, for the foregoing purposes,
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1 and such lands and interests therein, may be acquired,

2 and construction prosecuted thereon prior to approval of

3 title; and procurement and installation of equipment, ap4 pliances, and machine tools in public and private plants;

5 reserve plant and Government and contractor-owned

6 equipment layaway; and other expenses necessary for the

7 foregoing purposes; $1,470,286,000, to remain available

8 for obligation until September 30, 1999: Provided, That

9 of the funds appropriated in this paragraph and notwith10 standing the provisions of title 31, United States Code,

11 Section 1502(a), not to exceed $33,100,000 may be obli12 gated for future year V903 diesel engine requirements to

13 maintain the industrial base.

14 PROCUREMENT OF AMMUNITION, ARMY

15 For construction, procurement, production, and

16 modification of ammunition, and accessories therefor;

17 specialized equipment and training devices; expansion of

18 public and private plants, including ammunition facilities

19 authorized by section 2854, title 10, United States Code,

20 and the land necessary therefor, for the foregoing pur21 poses, and such lands and interests therein, may be ac22 quired, and construction prosecuted thereon prior to ap23 proval of title; and procurement and installation of equip24 ment, appliances, and machine tools in public and private

25 plants; reserve plant and Government and contractor-
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1 owned equipment layaway; and other expenses necessary

2 for the foregoing purposes; $1,127,149,000, to remain

3 available for obligation until September 30, 1999.

4 OTHER PROCUREMENT, ARMY

5 For construction, procurement, production, and

6 modification of vehicles, including tactical, support, and

7 non-tracked combat vehicles; the purchase of not to ex8 ceed 14 passenger motor vehicles for replacement only;

9 communications and electronic equipment; other support

10 equipment; spare parts, ordnance, and accessories there11 for; specialized equipment and training devices; expansion

12 of public and private plants, including the land necessary

13 therefor, for the foregoing purposes, and such lands and

14 interests therein, may be acquired, and construction pros15 ecuted thereon prior to approval of title; and procurement

16 and installation of equipment, appliances, and machine

17 tools in public and private plants; reserve plant and Gov18 ernment and contractor-owned equipment layaway; and

19 other expenses necessary for the foregoing purposes;

20 $3,172,485,000, to remain available for obligation until

21 September 30, 1999: Provided, That of the funds appro22 priated in this paragraph and notwithstanding the provi23 sions of title 31, United States Code, Section 1502(a),

24 not to exceed $2,400,000 may be obligated for future
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1 year V903 diesel engine requirements to maintain the in2 dustrial base.

3 AIRCRAFT PROCUREMENT, NAVY

4 For construction, procurement, production, modi5 fication, and modernization of aircraft, equipment, in6 cluding ordnance, spare parts, and accessories therefor;

7 specialized equipment; expansion of public and private

8 plants, including the land necessary therefor, and such

9 lands and interests therein, may be acquired, and con10 struction prosecuted thereon prior to approval of title;

11 and procurement and installation of equipment, appli12 ances, and machine tools in public and private plants; re13 serve plant and Government and contractor-owned equip14 ment layaway; $7,027,010,000, to remain available for

15 obligation until September 30, 1999.

16 WEAPONS PROCUREMENT, NAVY

17 For construction, procurement, production, modi18 fication, and modernization of missiles, torpedoes, other

19 weapons, and related support equipment including spare

20 parts, and accessories therefor; expansion of public and

21 private plants, including the land necessary therefor, and

22 such lands and interests therein, may be acquired, and

23 construction prosecuted thereon prior to approval of title;

24 and procurement and installation of equipment, appli25 ances, and machine tools in public and private plants; re-
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1 serve plant and Government and contractor-owned equip2 ment layaway; $1,389,913,000, to remain available for

3 obligation until September 30, 1999: Provided, That in

4 addition to the foregoing purposes, the funds appro5 priated above under this heading shall be available to liq6 uidate reported deficiencies in appropriations provided

7 under this heading in prior Department of Defense ap8 propriations acts, to the extent such deficiencies cannot

9 otherwise be liquidated pursuant to 31 U.S.C. 1553(b).

10 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

11 CORPS

12 For construction, procurement, production, and

13 modification of ammunition, and accessories therefor;

14 specialized equipment and training devices; expansion of

15 public and private plants, including ammunition facilities

16 authorized by section 2854, title 10, United States Code,

17 and the land necessary therefor, for the foregoing pur18 poses, and such lands and interests therein, may be ac19 quired, and construction prosecuted thereon prior to ap20 proval of title; and procurement and installation of equip21 ment, appliances, and machine tools in public and private

22 plants; reserve plant and Government and contractor23 owned equipment layaway; and other expenses necessary

24 for the foregoing purposes; $289,695,000, to remain

25 available for obligation until September 30, 1999.
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1 SHIPBUILDING AND CONVERSION, NAVY

2 For expenses necessary for the construction, ac3 quisition, or conversion of vessels as authorized by law,

4 including armor and armament thereof, plant equipment,

5 appliances, and machine tools and installation thereof in

6 public and private plants; reserve plant and Government

7 and contractor-owned equipment layaway; procurement of

8 critical, long leadtime components and designs for vessels

9 to be constructed or converted in the future; and expan10 sion of public and private plants, including land nec11 essary therefor, and such lands and interests therein,

12 may be acquired, and construction prosecuted thereon

13 prior to approval of title, as follows:

14 For continuation of the SSN–21 attack sub15 marine program, $649,071,000;

16 NSSN–1 (AP), $296,186,000;

17 NSSN–2 (AP), $501,000,000;

18 CVN Refuelings, $237,029,000;

19 DDG–51 destroyer program, $3,609,072,000;

20 Oceanographic ship program, $54,400,000;

21 Oceanographic ship SWATH, $45,000,000;

22 LCAC landing craft air cushion program (AP–

23 CY), $3,000,000; and

24 For craft, outfitting, post delivery, conversions,

25 and first destination transportation, $218,907,000;
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1 In all: $5,613,665,000, to remain available for obligation

2 until September 30, 2001: Provided, That additional obli3 gations may be incurred after September 30, 2001, for

4 engineering services, tests, evaluations, and other such

5 budgeted work that must be performed in the final stage

6 of ship construction: Provided further, That none of the

7 funds herein provided for the construction or conversion

8 of any naval vessel to be constructed in shipyards in the

9 United States shall be expended in foreign facilities for

10 the construction of major components of such vessel: Pro11 vided further, That none of the funds herein provided shall

12 be used for the construction of any naval vessel in foreign

13 shipyards.

14 OTHER PROCUREMENT, NAVY

15 For procurement, production, and modernization

16 of support equipment and materials not otherwise pro17 vided for, Navy ordnance (except ordnance for new air18 craft, new ships, and ships authorized for conversion); ex19 pansion of public and private plants, including the land

20 necessary therefor, and such lands and interests therein,

21 may be acquired, and construction prosecuted thereon

22 prior to approval of title; and procurement and installa23 tion of equipment, appliances, and machine tools in pub24 lic and private plants; reserve plant and Government and
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1 contractor-owned equipment layaway; $3,067,944,000, to

2 remain available for obligation until September 30, 1999.

3 PROCUREMENT, MARINE CORPS

4 For expenses necessary for the procurement, man5 ufacture, and modification of missiles, armament, mili6 tary equipment, spare parts, and accessories therefor;

7 plant equipment, appliances, and machine tools, and in8 stallation thereof in public and private plants; reserve

9 plant and Government and contractor-owned equipment

10 layaway; vehicles for the Marine Corps, including the

11 purchase of not to exceed 88 passenger motor vehicles for

12 replacement only; and expansion of public and private

13 plants, including land necessary therefor, and such lands

14 and interests therein, may be acquired, and construction

15 prosecuted thereon prior to approval of title;

16 $569,073,000, to remain available for obligation until

17 September 30, 1999.

18 AIRCRAFT PROCUREMENT, AIR FORCE

19 For construction, procurement, and modification

20 of aircraft and equipment, including armor and arma21 ment, specialized ground handling equipment, and train22 ing devices, spare parts, and accessories therefor; special23 ized equipment; expansion of public and private plants,

24 Government-owned equipment and installation thereof in

25 such plants, erection of structures, and acquisition of
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1 land, for the foregoing purposes, and such lands and in2 terests therein, may be acquired, and construction pros3 ecuted thereon prior to approval of title; reserve plant

4 and Government and contractor-owned equipment lay5 away; and other expenses necessary for the foregoing

6 purposes including rents and transportation of things;

7 $6,404,980,000, to remain available for obligation until

8 September 30, 1999.

9 MISSILE PROCUREMENT, AIR FORCE

10 For construction, procurement, and modification

11 of missiles, spacecraft, rockets, and related equipment,

12 including spare parts and accessories therefor, ground

13 handling equipment, and training devices; expansion of

14 public and private plants, Government-owned equipment

15 and installation thereof in such plants, erection of struc16 tures, and acquisition of land, for the foregoing purposes,

17 and such lands and interests therein, may be acquired,

18 and construction prosecuted thereon prior to approval of

19 title; reserve plant and Government and contractor-owned

20 equipment layaway; and other expenses necessary for the

21 foregoing purposes including rents and transportation of

22 things; $2,297,145,000, to remain available for obligation

23 until September 30, 1999.
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1 PROCUREMENT OF AMMUNITION, AIR FORCE

2 For construction, procurement, production, and

3 modification of ammunition, and accessories therefor;

4 specialized equipment and training devices; expansion of

5 public and private plants, including ammunition facilities

6 authorized by section 2854, title 10, United States Code,

7 and the land necessary therefor, for the foregoing pur8 poses, and such lands and interests therein, may be ac9 quired, and construction prosecuted thereon prior to ap10 proval of title; and procurement and installation of equip11 ment, appliances, and machine tools in public and private

12 plants; reserve plant and Government and contractor13 owned equipment layaway; and other expenses necessary

14 for the foregoing purposes; $293,153,000, to remain

15 available for obligation until September 30, 1999.

16 OTHER PROCUREMENT, AIR FORCE

17 For procurement and modification of equipment

18 (including ground guidance and electronic control equip19 ment, and ground electronic and communication equip20 ment), and supplies, materials, and spare parts therefor,

21 not otherwise provided for; the purchase of not to exceed

22 506 passenger motor vehicles for replacement only; the

23 purchase of 1 vehicle required for physical security of

24 personnel, notwithstanding price limitations applicable to

25 passenger vehicles but not to exceed $287,000 per vehi-
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1 cle; and expansion of public and private plants, Govern2 ment-owned equipment and installation thereof in such

3 plants, erection of structures, and acquisition of land, for

4 the foregoing purposes, and such lands and interests

5 therein, may be acquired, and construction prosecuted

6 thereon, prior to approval of title; reserve plant and Gov7 ernment and contractor-owned equipment layaway;

8 $5,944,680,000, to remain available for obligation until

9 September 30, 1999.

10 PROCUREMENT, DEFENSE-WIDE

11 For expenses of activities and agencies of the De12 partment of Defense (other than the military depart13 ments) necessary for procurement, production, and modi14 fication of equipment, supplies, materials, and spare

15 parts therefor, not otherwise provided for; the purchase

16 of not to exceed 389 passenger motor vehicles for replace17 ment only; expansion of public and private plants, equip18 ment, and installation thereof in such plants, erection of

19 structures, and acquisition of land for the foregoing pur20 poses, and such lands and interests therein, may be ac21 quired, and construction prosecuted thereon prior to ap22 proval of title; reserve plant and Government and con23 tractor-owned equipment layaway; $1,978,005,000, to re24 main available for obligation until September 30, 1999.
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1 NATIONAL GUARD AND RESERVE EQUIPMENT

2 For procurement of aircraft, missiles, tracked

3 combat vehicles, ammunition, other weapons, and other

4 procurement for the reserve components of the Armed

5 Forces; $780,000,000, to remain available for obligation

6 until September 30, 1999: Provided, That the Chiefs of

7 the Reserve and National Guard components shall, not

8 later than 30 days after the enactment of this Act, indi9 vidually submit to the congressional defense committees

10 the modernization priority assessment for their respective

11 Reserve or National Guard component.

12 TITLE IV—RESEARCH, DEVELOPMENT, TEST

13 AND EVALUATION

14 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

15 ARMY

16 For expenses necessary for basic and applied sci17 entific research, development, test and evaluation, includ18 ing maintenance, rehabilitation, lease, and operation of

19 facilities and equipment; $5,062,763,000 to remain avail20 able for obligation until September 30, 1998.

21 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

22 NAVY

23 For expenses necessary for basic and applied sci24 entific research, development, test and evaluation, includ25 ing maintenance, rehabilitation, lease, and operation of
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1 facilities and equipment; $8,208,946,000, to remain

2 available for obligation until September 30, 1998: Pro3 vided, That funds appropriated in this paragraph which

4 are available for the V–22 may be used to meet unique

5 requirements of the Special Operations Forces.

6 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

7 AIR FORCE

8 For expenses necessary for basic and applied sci9 entific research, development, test and evaluation, includ10 ing maintenance, rehabilitation, lease, and operation of

11 facilities and equipment; $14,499,606,000, to remain

12 available for obligation until September 30, 1998: Pro13 vided, That not less than $1,000,000 of the funds appro14 priated in this paragraph shall be made available only to

15 assess the budgetary, cost, technical, operational, train16 ing, and safety issues associated with a decision to elimi17 nate development of the F–22B two-seat training variant

18 of the F–22 advanced tactical fighter: Provided further,

19 That the assessment required by the preceding proviso

20 shall be submitted, in classified and unclassified versions,

21 by the Secretary of the Air Force to the congressional de22 fense committees not later than February 15, 1997: Pro23 vided further, That of the funds made available in this

24 paragraph, $10,000,000 shall be only for development of

25 reusable launch vehicle technologies.
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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

2 DEFENSE-WIDE

3 For expenses of activities and agencies of the De4 partment of Defense (other than the military depart5 ments), necessary for basic and applied scientific re6 search, development, test and evaluation; advanced re7 search projects as may be designated and determined by

8 the Secretary of Defense, pursuant to law; maintenance,

9 rehabilitation, lease, and operation of facilities and equip10 ment; $9,362,800,000, to remain available for obligation

11 until September 30, 1998: Provided, That not less than

12 $304,171,000 of the funds appropriated in this para13 graph shall be made available only for the Sea-Based

14 Wide Area Defense (Navy Upper-Tier) program.

15 DEVELOPMENTAL TEST AND EVALUATION, DEFENSE

16 For expenses, not otherwise provided for, of inde17 pendent activities of the Director, Test and Evaluation in

18 the direction and supervision of developmental test and

19 evaluation, including performance and joint developmen20 tal testing and evaluation; and administrative expenses in

21 connection therewith; $282,038,000, to remain available

22 for obligation until September 30, 1998.

23 OPERATIONAL TEST AND EVALUATION, DEFENSE

24 For expenses, not otherwise provided for, nec25 essary for the independent activities of the Director,
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1 Operational Test and Evaluation in the direction and su2 pervision of operational test and evaluation, including ini3 tial operational test and evaluation which is conducted

4 prior to, and in support of, production decisions; joint

5 operational testing and evaluation; and administrative ex6 penses in connection therewith; $24,968,000, to remain

7 available for obligation until September 30, 1998.

8 TITLE V—REVOLVING AND MANAGEMENT

9 FUNDS

10 DEFENSE BUSINESS OPERATIONS FUND

11 For the Defense Business Operations Fund;

12 $947,900,000.

13 NATIONAL DEFENSE SEALIFT FUND

14 For National Defense Sealift Fund programs,

15 projects, and activities, and for expenses of the National

16 Defense Reserve Fleet, as established by section 11 of the

17 Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1744);

18 $1,428,002,000, to remain available until expended: Pro19 vided, That none of the funds provided in this paragraph

20 shall be used to award a new contract that provides for

21 the acquisition of any of the following major components

22 unless such components are manufactured in the United

23 States: auxiliary equipment, including pumps, for all

24 ship-board services; propulsion system components (that

25 is; engines, reduction gears, and propellers); shipboard
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1 cranes; and spreaders for shipboard cranes: Provided fur2 ther, That the exercise of an option in a contract awarded

3 through the obligation of previously appropriated funds

4 shall not be considered to be the award of a new con5 tract: Provided further, That the Secretary of the military

6 department responsible for such procurement may waive

7 these restrictions on a case-by-case basis by certifying in

8 writing to the Committees on Appropriations of the

9 House of Representatives and the Senate, that adequate

10 domestic supplies are not available to meet Department

11 of Defense requirements on a timely basis and that such

12 an acquisition must be made in order to acquire capabil13 ity for national security purposes.

14 TITLE VI—OTHER DEPARTMENT OF DEFENSE

15 PROGRAMS

16 DEFENSE HEALTH PROGRAM

17 For expenses, not otherwise provided for, for med18 ical and health care programs of the Department of De19 fense, as authorized by law; $10,207,308,000, of which

20 $9,937,838,000 shall be for Operation and maintenance,

21 of which not to exceed three percent shall remain avail22 able until September 30, 1998; and of which

23 $269,470,000, to remain available for obligation until

24 September 30, 1999, shall be for Procurement: Provided,

25 That of the funds appropriated under this heading,
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1 $14,500,000 shall be made available for obtaining emer2 gency communications services for members of the Armed

3 Forces and their families from the American National

4 Red Cross: Provided further, That notwithstanding any

5 other provision of law, of the funds provided under this

6 heading, the Secretary of Defense is directed to use and

7 obligate, within thirty days of enactment of this Act, not

8 less than $3,400,000 only to permit private sector or

9 non-Federal physicians who have used and will use the

10 antibacterial treatment method based upon the excretion

11 of dead and decaying spherical bacteria to work in con12 junction with the Walter Reed Army Medical Center on

13 a treatment protocol and related studies for Desert

14 Storm Syndrome affected veterans.

15 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,

16 DEFENSE

17 For expenses, not otherwise provided for, nec18 essary for the destruction of the United States stockpile

19 of lethal chemical agents and munitions in accordance

20 with the provisions of section 1412 of the Department of

21 Defense Authorization Act, 1986 (50 U.S.C. 1521), and

22 for the destruction of other chemical warfare materials

23 that are not in the chemical weapon stockpile,

24 $758,447,000, of which $478,947,000 shall be for Oper25 ation and maintenance, $191,200,000 shall be for Pro-
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1 curement to remain available until September 30, 1999,

2 and $88,300,000 shall be for Research, development, test

3 and evaluation to remain available until September 30,

4 1998: Provided, That of the funds made available under

5 this heading, $1,000,000 shall be available until expended

6 only for a Johnston Atoll off-island leave program: Pro7 vided further, That notwithstanding any other provision

8 of law, the Secretaries concerned may, pursuant to uni9 form regulations prescribe travel and transportation al10 lowances for travel by participants in the off-island leave

11 program.

12 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,

13 DEFENSE

14 (INCLUDING TRANSFER OF FUNDS)

15 For drug interdiction and counter-drug activities

16 of the Department of Defense, for transfer to appropria17 tions available to the Department of Defense for military

18 personnel of the reserve components serving under the

19 provisions of title 10 and title 32, United States Code;

20 for Operation and maintenance; for Procurement; and for

21 Research, development, test and evaluation;

22 $807,800,000: Provided, That the funds appropriated by

23 this paragraph shall be available for obligation for the

24 same time period and for the same purpose as the appro25 priation to which transferred: Provided further, That the
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1 transfer authority provided in this paragraph is in addi2 tion to any transfer authority contained elsewhere in this

3 Act.

4 OFFICE OF THE INSPECTOR GENERAL

5 For expenses and activities of the Office of the In6 spector General in carrying out the provisions of the In7 spector General Act of 1978, as amended; $139,157,000,

8 of which $137,157,000 shall be for Operation and main9 tenance, of which not to exceed $500,000 is available for

10 emergencies and extraordinary expenses to be expended

11 on the approval or authority of the Inspector General,

12 and payments may be made on his certificate of necessity

13 for confidential military purposes; and of which

14 $2,000,000, to remain available until September 30,

15 1999, shall be for Procurement.

16 TITLE VII—RELATED AGENCIES

17 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

18 DISABILITY SYSTEM FUND

19 For payment to the Central Intelligence Agency

20 Retirement and Disability System Fund, to maintain

21 proper funding level for continuing the operation of the

22 Central Intelligence Agency Retirement and Disability

23 System; $196,400,000.
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1 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

2 For necessary expenses of the Intelligence Com3 munity Management Account; $129,164,000: Provided,

4 That of the funds appropriated under this heading,

5 $27,000,000 shall be transferred to the Department of

6 Justice for the National Drug Intelligence Center to sup7 port the Department of Defense’s counterdrug monitor8 ing and detection responsibilities.

9 PAYMENT TO KAHO’OLAWE ISLAND CONVEYANCE, RE10 MEDIATION, AND ENVIRONMENTAL RESTORATION

11 FUND

12 For payment to Kaho’olawe Island Conveyance,

13 Remediation, and Environmental Restoration Fund, as

14 authorized by law; $10,000,000, to remain available until

15 expended.

16 NATIONAL SECURITY EDUCATION TRUST FUND

17 For the purposes of title VIII of Public Law 102–

18 183, $5,100,000, to be derived from the National Secu19 rity Education Trust Fund, to remain available until ex20 pended.

21 TITLE VIII—GENERAL PROVISIONS

22 SEC. 8001. No part of any appropriation con23 tained in this Act shall be used for publicity or propa24 ganda purposes not authorized by the Congress.
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1 SEC. 8002. During the current fiscal year, provi2 sions of law prohibiting the payment of compensation to,

3 or employment of, any person not a citizen of the United

4 States shall not apply to personnel of the Department of

5 Defense: Provided, That salary increases granted to di6 rect and indirect hire foreign national employees of the

7 Department of Defense funded by this Act shall not be

8 at a rate in excess of the percentage increase authorized

9 by law for civilian employees of the Department of De10 fense whose pay is computed under the provisions of sec11 tion 5332 of title 5, United States Code, or at a rate in

12 excess of the percentage increase provided by the appro13 priate host nation to its own employees, whichever is

14 higher: Provided further, That this section shall not apply

15 to Department of Defense foreign service national em16 ployees serving at United States diplomatic missions

17 whose pay is set by the Department of State under the

18 Foreign Service Act of 1980: Provided further, That the

19 limitations of this provision shall not apply to foreign na20 tional employees of the Department of Defense in the Re21 public of Turkey.

22 SEC. 8003. No part of any appropriation con23 tained in this Act shall remain available for obligation be24 yond the current fiscal year, unless expressly so provided

25 herein.
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1 SEC. 8004. No more than 20 per centum of the

2 appropriations in this Act which are limited for obligation

3 during the current fiscal year shall be obligated during

4 the last two months of the fiscal year: Provided, That

5 this section shall not apply to obligations for support of

6 active duty training of reserve components or summer

7 camp training of the Reserve Officers’ Training Corps.

8 (TRANSFER OF FUNDS)

9 SEC. 8005. Upon determination by the Secretary

10 of Defense that such action is necessary in the national

11 interest, he may, with the approval of the Office of Man12 agement and Budget, transfer not to exceed

13 $2,000,000,000 of working capital funds of the Depart14 ment of Defense or funds made available in this Act to

15 the Department of Defense for military functions (except

16 military construction) between such appropriations or

17 funds or any subdivision thereof, to be merged with and

18 to be available for the same purposes, and for the same

19 time period, as the appropriation or fund to which trans20 ferred: Provided, That such authority to transfer may not

21 be used unless for higher priority items, based on unfore22 seen military requirements, than those for which origi23 nally appropriated and in no case where the item for

24 which funds are requested has been denied by Congress:

25 Provided further, That the Secretary of Defense shall no26 tify the Congress promptly of all transfers made pursu-
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1 ant to this authority or any other authority in this Act:

2 Provided further, That no part of the funds in this Act

3 shall be available to prepare or present a request to the

4 Committees on Appropriations for reprogramming of

5 funds, unless for higher priority items, based on unfore6 seen military requirements, than those for which origi7 nally appropriated and in no case where the item for

8 which reprogramming is requested has been denied by

9 the Congress.

10 (TRANSFER OF FUNDS)

11 SEC. 8006. During the current fiscal year, cash

12 balances in working capital funds of the Department of

13 Defense established pursuant to section 2208 of title 10,

14 United States Code, may be maintained in only such

15 amounts as are necessary at any time for cash disburse16 ments to be made from such funds: Provided, That trans17 fers may be made between such funds and the ‘‘Foreign

18 Currency Fluctuations, Defense’’ and ‘‘Operation and

19 Maintenance’’ appropriation accounts in such amounts as

20 may be determined by the Secretary of Defense, with the

21 approval of the Office of Management and Budget, ex22 cept that such transfers may not be made unless the Sec23 retary of Defense has notified the Congress of the pro24 posed transfer. Except in amounts equal to the amounts

25 appropriated to working capital funds in this Act, no ob26 ligations may be made against a working capital fund to
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1 procure or increase the value of war reserve material in2 ventory, unless the Secretary of Defense has notified the

3 Congress prior to any such obligation.

4 SEC. 8007. Funds appropriated by this Act may

5 not be used to initiate a special access program without

6 prior notification 30 calendar days in session in advance

7 to the congressional defense committees.

8 SEC. 8008. None of the funds contained in this

9 Act available for the Civilian Health and Medical Pro10 gram of the Uniformed Services shall be available for

11 payments to physicians and other non-institutional health

12 care providers in excess of the amounts allowed in fiscal

13 year 1996 for similar services, except that: (a) for serv14 ices for which the Secretary of Defense determines an in15 crease is justified by economic circumstances, the allow16 able amounts may be increased in accordance with appro17 priate economic index data similar to that used pursuant

18 to title XVIII of the Social Security Act; and (b) for serv19 ices the Secretary determines are overpriced based on al20 lowable payments under title XVIII of the Social Security

21 Act, the allowable amounts shall be reduced by not more

22 than 15 percent (except that the reduction may be waived

23 if the Secretary determines that it would impair adequate

24 access to health care services for beneficiaries). The Sec25 retary shall solicit public comment prior to promulgating
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1 regulations to implement this section. Such regulations

2 shall include a limitation, similar to that used under title

3 XVIII of the Social Security Act, on the extent to which

4 a provider may bill a beneficiary an actual charge in ex5 cess of the allowable amount.

6 SEC. 8009. None of the funds provided in this Act

7 shall be available to initiate (1) a multiyear contract that

8 employs economic order quantity procurement in excess

9 of $20,000,000 in any one year of the contract or that

10 includes an unfunded contingent liability in excess of

11 $20,000,000, or (2) a contract for advance procurement

12 leading to a multiyear contract that employs economic

13 order quantity procurement in excess of $20,000,000 in

14 any one year, unless the congressional defense commit15 tees have been notified at least thirty days in advance of

16 the proposed contract award: Provided, That no part of

17 any appropriation contained in this Act shall be available

18 to initiate a multiyear contract for which the economic

19 order quantity advance procurement is not funded at

20 least to the limits of the Government’s liability: Provided

21 further, That no part of any appropriation contained in

22 this Act shall be available to initiate multiyear procure23 ment contracts for any systems or component thereof if

24 the value of the multiyear contract would exceed

25 $500,000,000 unless specifically provided in this Act:
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1 Provided further, That no multiyear procurement contract

2 can be terminated without 10-day prior notification to

3 the congressional defense committees: Provided further,

4 That the execution of multiyear authority shall require

5 the use of a present value analysis to determine lowest

6 cost compared to an annual procurement: Provided fur7 ther, That notwithstanding Section 8010 of Public Law

8 104–61, funds appropriated for the DDG–51 destroyer

9 program in Public Law 104–61 may be used to initiate

10 a multiyear contract for the Arleigh Burke class de11 stroyer program.

12 Funds appropriated in title III of this Act may be

13 used for multiyear procurement contracts as follows:

14 Javelin missiles;

15 Army Tactical Missile System (ATACMS);

16 MK19–3 grenade machine guns;

17 M16A2 rifles;

18 M249 Squad Automatic Weapons;

19 M4 carbine rifles;

20 M240B machine guns; and

21 Arleigh Burke (DDG–51) class destroyers.

22 SEC. 8010. Within the funds appropriated for the

23 operation and maintenance of the Armed Forces, funds

24 are hereby appropriated pursuant to section 401 of title

25 10, United States Code, for humanitarian and civic as-
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1 sistance costs under chapter 20 of title 10, United States

2 Code. Such funds may also be obligated for humanitarian

3 and civic assistance costs incidental to authorized oper4 ations and pursuant to authority granted in section 401

5 of chapter 20 of title 10, United States Code, and these

6 obligations shall be reported to Congress on September

7 30 of each year: Provided, That funds available for oper8 ation and maintenance shall be available for providing

9 humanitarian and similar assistance by using Civic Ac10 tion Teams in the Trust Territories of the Pacific Islands

11 and freely associated states of Micronesia, pursuant to

12 the Compact of Free Association as authorized by Public

13 Law 99–239: Provided further, That upon a determina14 tion by the Secretary of the Army that such action is

15 beneficial for graduate medical education programs con16 ducted at Army medical facilities located in Hawaii, the

17 Secretary of the Army may authorize the provision of

18 medical services at such facilities and transportation to

19 such facilities, on a nonreimbursable basis, for civilian

20 patients from American Samoa, the Commonwealth of

21 the Northern Mariana Islands, the Marshall Islands, the

22 Federated States of Micronesia, Palau, and Guam.

23 SEC. 8011. (a) During fiscal year 1997, the civil24 ian personnel of the Department of Defense may not be

25 managed on the basis of any end-strength, and the man-
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1 agement of such personnel during that fiscal year shall

2 not be subject to any constraint or limitation (known as

3 an end-strength) on the number of such personnel who

4 may be employed on the last day of such fiscal year.

5 (b) The fiscal year 1998 budget request for the

6 department of Defense as well as all justification material

7 and other documentation supporting the fiscal year 1998

8 Department of Defense budget request shall be prepared

9 and submitted to the Congress as if subsections (a) and

10 (b) of this provision were effective with regard to fiscal

11 year 1998.

12 (c) Nothing in this section shall be construed to

13 apply to military (civilian) technicians.

14 SEC. 8012. Notwithstanding any other provision

15 of law, none of the funds made available by this Act shall

16 be used by the Department of Defense to exceed, outside

17 the fifty United States, its territories, and the District of

18 Columbia, 125,000 civilian workyears: Provided, That

19 workyears shall be applied as defined in the Federal Per20 sonnel Manual: Provided further, That workyears ex21 pended in dependent student hiring programs for dis22 advantaged youths shall not be included in this workyear

23 limitation.

24 SEC. 8013. None of the funds made available by

25 this Act shall be used in any way, directly or indirectly,
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1 to influence congressional action on any legislation or ap2 propriation matters pending before the Congress.

3 SEC. 8014. (a) None of the funds appropriated by

4 this Act shall be used to make contributions to the De5 partment of Defense Education Benefits Fund pursuant

6 to section 2006(g) of title 10, United States Code, rep7 resenting the normal cost for future benefits under sec8 tion 3015(c) of title 38, United States Code, for any

9 member of the armed services who, on or after the date

10 of enactment of this Act—

11 (1) enlists in the armed services for a period of

12 active duty of less than three years; or

13 (2) receives an enlistment bonus under section

14 308a or 308f of title 37, United States Code,

15 nor shall any amounts representing the normal cost of

16 such future benefits be transferred from the Fund by the

17 Secretary of the Treasury to the Secretary of Veterans

18 Affairs pursuant to section 2006(d) of title 10, United

19 States Code; nor shall the Secretary of Veterans Affairs

20 pay such benefits to any such member: Provided, That in

21 the case of a member covered by clause (1), these limita22 tions shall not apply to members in combat arms skills

23 or to members who enlist in the armed services on or after

24 July 1, 1989, under a program continued or established

25 by the Secretary of Defense in fiscal year 1991 to test
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1 the cost-effective use of special recruiting incentives in2 volving not more than nineteen noncombat arms skills ap3 proved in advance by the Secretary of Defense: Provided

4 further, That this subsection applies only to active compo5 nents of the Army.

6 (b) None of the funds appropriated by this Act

7 shall be available for the basic pay and allowances of any

8 member of the Army participating as a full-time student

9 and receiving benefits paid by the Secretary of Veterans

10 Affairs from the Department of Defense Education Bene11 fits Fund when time spent as a full-time student is cred12 ited toward completion of a service commitment: Pro13 vided, That this subsection shall not apply to those mem14 bers who have reenlisted with this option prior to October

15 1, 1987: Provided further, That this subsection applies

16 only to active components of the Army.

17 SEC. 8015. None of the funds appropriated by

18 this Act shall be available to convert to contractor per19 formance an activity or function of the Department of

20 Defense that, on or after the date of enactment of this

21 Act, is performed by more than ten Department of De22 fense civilian employees until a most efficient and cost23 effective organization analysis is completed on such activ24 ity or function and certification of the analysis is made

25 to the Committees on Appropriations of the House of
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1 Representatives and the Senate: Provided, That this sec2 tion shall not apply to a commercial or industrial type

3 function of the Department of Defense that: (1) is in4 cluded on the procurement list established pursuant to

5 section 2 of the Act of June 25, 1938 (41 U.S.C. 47),

6 popularly referred to as the Javits-Wagner-O’Day Act;

7 (2) is planned to be converted to performance by a quali8 fied nonprofit agency for the blind or by a qualified non9 profit agency for other severely handicapped individuals

10 in accordance with that Act; or (3) is planned to be con11 verted to performance by a qualified firm under 51 per12 cent Native American ownership.

13 (TRANSFER OF FUNDS)

14 SEC. 8016. Funds appropriated in title III of this

15 Act for the Department of Defense Pilot Mentor-Protege

16 Program may be transferred to any other appropriation

17 contained in this Act solely for the purpose of implement18 ing a Mentor-Protege Program developmental assistance

19 agreement pursuant to section 831 of the National De20 fense Authorization Act for Fiscal Year 1991 (Public

21 Law 101–510; 10 U.S.C. 2301 note), as amended, under

22 the authority of this provision or any other transfer au23 thority contained in this Act.

24 SEC. 8017. None of the funds in this Act may be

25 available for the purchase by the Department of Defense

26 (and its departments and agencies) of welded shipboard
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1 anchor and mooring chain 4 inches in diameter and

2 under unless the anchor and mooring chain are manufac3 tured in the United States from components which are

4 substantially manufactured in the United States: Pro5 vided, That for the purpose of this section manufactured

6 will include cutting, heat treating, quality control, testing

7 of chain and welding (including the forging and shot

8 blasting process): Provided further, That for the purpose

9 of this section substantially all of the components of an10 chor and mooring chain shall be considered to be pro11 duced or manufactured in the United States if the aggre12 gate cost of the components produced or manufactured in

13 the United States exceeds the aggregate cost of the com14 ponents produced or manufactured outside the United

15 States: Provided further, That when adequate domestic

16 supplies are not available to meet Department of Defense

17 requirements on a timely basis, the Secretary of the serv18 ice responsible for the procurement may waive this re19 striction on a case-by-case basis by certifying in writing

20 to the Committees on Appropriations that such an acqui21 sition must be made in order to acquire capability for na22 tional security purposes.

23 SEC. 8018. None of the funds appropriated by

24 this Act available for the Civilian Health and Medical

25 Program of the Uniformed Services (CHAMPUS) shall
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1 be available for the reimbursement of any health care

2 provider for inpatient mental health service for care re3 ceived when a patient is referred to a provider of inpa4 tient mental health care or residential treatment care by

5 a medical or health care professional having an economic

6 interest in the facility to which the patient is referred:

7 Provided, That this limitation does not apply in the case

8 of inpatient mental health services provided under the

9 program for the handicapped under subsection (d) of sec10 tion 1079 of title 10, United States Code, provided as

11 partial hospital care, or provided pursuant to a waiver

12 authorized by the Secretary of Defense because of medi13 cal or psychological circumstances of the patient that are

14 confirmed by a health professional who is not a Federal

15 employee after a review, pursuant to rules prescribed by

16 the Secretary, which takes into account the appropriate

17 level of care for the patient, the intensity of services re18 quired by the patient, and the availability of that care.

19 SEC. 8019. Funds available in this Act may be

20 used to provide transportation for the next-of-kin of indi21 viduals who have been prisoners of war or missing in ac22 tion from the Vietnam era to an annual meeting in the

23 United States, under such regulations as the Secretary of

24 Defense may prescribe.
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1 SEC. 8020. Notwithstanding any other provision

2 of law, during the current fiscal year, the Secretary of

3 Defense may, by Executive Agreement, establish with

4 host nation governments in NATO member states a sepa5 rate account into which such residual value amounts ne6 gotiated in the return of United States military installa7 tions in NATO member states may be deposited, in the

8 currency of the host nation, in lieu of direct monetary

9 transfers to the United States Treasury: Provided, That

10 such credits may be utilized only for the construction of

11 facilities to support United States military forces in that

12 host nation, or such real property maintenance and base

13 operating costs that are currently executed through mon14 etary transfers to such host nations: Provided further,

15 That the Department of Defense’s budget submission for

16 fiscal year 1998 shall identify such sums anticipated in

17 residual value settlements, and identify such construction,

18 real property maintenance or base operating costs that

19 shall be funded by the host nation through such credits:

20 Provided further, That all military construction projects

21 to be executed from such accounts must be previously ap22 proved in a prior Act of Congress: Provided further, That

23 each such Executive Agreement with a NATO member

24 host nation shall be reported to the congressional defense

25 committees, the Committee on International Relations of
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1 the House of Representatives and the Committee on For2 eign Relations of the Senate thirty days prior to the con3 clusion and endorsement of any such agreement estab4 lished under this provision.

5 SEC. 8021. None of the funds available to the De6 partment of Defense may be used to demilitarize or dis7 pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles,

8 .22 caliber rifles, .30 caliber rifles, or M–1911 pistols.

9 SEC. 8022. Notwithstanding any other provision

10 of law, none of the funds appropriated by this Act shall

11 be available to pay more than 50 percent of an amount

12 paid to any person under section 308 of title 37, United

13 States Code, in a lump sum.

14 SEC. 8023. None of the funds appropriated by

15 this Act shall be available for payments under the De16 partment of Defense contract with the Louisiana State

17 University Medical Center involving the use of cats for

18 Brain Missile Wound Research, and the Department of

19 Defense shall not make payments under such contract

20 from funds obligated prior to the date of the enactment

21 of this Act, except as necessary for costs incurred by the

22 contractor prior to the enactment of this Act: Provided,

23 That funds necessary for the care of animals covered by

24 this contract are allowed.
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1 SEC. 8024. Of the funds made available by this

2 Act in title III, Procurement, $8,000,000, drawn pro rata

3 from each appropriations account in title III, shall be

4 available for incentive payments authorized by section

5 504 of the Indian Financing Act of 1974, 25 U.S.C.

6 1544. These payments shall be available only to contrac7 tors which have submitted subcontracting plans pursuant

8 to 15 U.S.C. 637(d), and according to regulations which

9 shall be promulgated by the Secretary of Defense within

10 90 days of the passage of this Act.

11 SEC. 8025. None of the funds provided in this Act

12 or any other Act shall be available to conduct bone trau13 ma research at any Army Research Laboratory until the

14 Secretary of the Army certifies that the synthetic

15 compound to be used in the experiments is of such a type

16 that its use will result in a significant medical finding,

17 the research has military application, the research will be

18 conducted in accordance with the standards set by an

19 animal care and use committee, and the research does

20 not duplicate research already conducted by a manufac21 turer or any other research organization.

22 SEC. 8026. During the current fiscal year, none of

23 the funds available to the Department of Defense may be

24 used to procure or acquire (1) defensive handguns unless

25 such handguns are the M9 or M11 9mm Department of
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1 Defense standard handguns, or (2) offensive handguns

2 except for the Special Operations Forces: Provided, That

3 the foregoing shall not apply to handguns and ammuni4 tion for marksmanship competitions.

5 SEC. 8027. No more than $500,000 of the funds

6 appropriated or made available in this Act shall be used

7 for any single relocation of an organization, unit, activity

8 or function of the Department of Defense into or within

9 the National Capital Region: Provided, That the Sec10 retary of Defense may waive this restriction on a case11 by-case basis by certifying in writing to the Congressional

12 defense committees that such a relocation is required in

13 the best interest of the Government.

14 SEC. 8028. During the current fiscal year, funds

15 appropriated or otherwise available for any Federal agen16 cy, the Congress, the judicial branch, or the District of

17 Columbia may be used for the pay, allowances, and bene18 fits of an employee as defined by section 2105 of title 5

19 or an individual employed by the government of the Dis20 trict of Columbia, permanent or temporary indefinite,

21 who—

22 (1) is a member of a Reserve component of the

23 Armed Forces, as described in section 261 of title

24 10, or the National Guard, as described in section

25 101 of title 32;
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1 (2) performs, for the purpose of providing mili2 tary aid to enforce the law or providing assistance

3 to civil authorities in the protection or saving of life

4 or property or prevention of injury—

5 (A) Federal service under sections 331,

6 332, 333, or 12406 of title 10, or other provi7 sion of law, as applicable, or

8 (B) full-time military service for his or her

9 State, the District of Columbia, the Common10 wealth of Puerto Rico, or a territory of the

11 United States; and

12 (3) requests and is granted—

13 (A) leave under the authority of this sec14 tion; or

15 (B) annual leave, which may be granted

16 without regard to the provisions of sections

17 5519 and 6323(b) of title 5, if such employee

18 is otherwise entitled to such annual leave:

19 Provided, That any employee who requests leave under

20 subsection (3)(A) for service described in subsection (2)

21 of this section is entitled to such leave, subject to the pro22 visions of this section and of the last sentence of section

23 6323(b) of title 5, and such leave shall be considered leave

24 under section 6323(b) of title 5.
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1 SEC. 8029. None of the funds appropriated by

2 this Act shall be available to perform any cost study pur3 suant to the provisions of OMB Circular A–76 if the

4 study being performed exceeds a period of twenty-four

5 months after initiation of such study with respect to a

6 single function activity or forty-eight months after initi7 ation of such study for a multi-function activity.

8 SEC. 8030. Funds appropriated by this Act for

9 the American Forces Information Service shall not be

10 used for any national or international political or psycho11 logical activities.

12 SEC. 8031. Notwithstanding any other provision

13 of law or regulation, the Secretary of Defense may adjust

14 wage rates for civilian employees hired for certain health

15 care occupations as authorized for the Secretary of Veter16 ans Affairs by section 7455 of title 38, United States

17 Code.

18 SEC. 8032. None of the funds appropriated or

19 made available in this Act shall be used to reduce or dis20 establish the operation of the 53rd Weather Reconnais21 sance Squadron of the Air Force Reserve, if such action

22 would reduce the WC–130 Weather Reconnaissance mis23 sion below the levels funded in this Act.

24 SEC. 8033. (a) Of the funds for the procurement

25 of supplies or services appropriated by this Act, qualified
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1 nonprofit agencies for the blind or other severely handi2 capped shall be afforded the maximum practicable oppor3 tunity to participate as subcontractors and supplies in

4 the performance of contracts let by the Department of

5 Defense.

6 (b) During the current fiscal year, a business con7 cern which has negotiated with a military service or de8 fense agency a subcontracting plan for the participation

9 by small business concerns pursuant to section 8(d) of

10 the Small Business Act (15 U.S.C. 637(d)) shall be given

11 credit toward meeting that subcontracting goal for any

12 purchases made from qualified nonprofit agencies for the

13 blind or other severely handicapped.

14 (c) For the purpose of this section, the phrase

15 ‘‘qualified nonprofit agency for the blind or other severely

16 handicapped’’ means a nonprofit agency for the blind or

17 other severely handicapped that has been approved by the

18 Committee for the Purchase from the Blind and Other

19 Severely Handicapped under the Javits-Wagner-O’Day

20 Act (41 U.S.C. 46–48).

21 SEC. 8034. During the current fiscal year, net re22 ceipts pursuant to collections from third party payers

23 pursuant to section 1095 of title 10, United States Code,

24 shall be made available to the local facility of the uni-
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1 formed services responsible for the collections and shall

2 be over and above the facility’s direct budget amount.

3 SEC. 8035. During the current fiscal year, the

4 Department of Defense is authorized to incur obligations

5 of not to exceed $350,000,000 for purposes of specified

6 in section 2350j(c) of title 10, United States Code, in an7 ticipation of receipt of contributions, only from the Gov8 ernment of Kuwait, under that section: Provided, That,

9 upon receipt, such contributions from the Government of

10 Kuwait shall be credited to the appropriations or fund

11 which incurred such obligations.

12 SEC. 8036. Of the funds made available in this

13 Act, not less than $23,626,000 shall be available for the

14 Civil Air Patrol, of which $19,926,000 shall be available

15 for Operation and maintenance.

16 SEC. 8037. (a) None of the funds appropriated in

17 this Act are available to establish a new Department of

18 Defense (department) federally funded research and de19 velopment center (FFRDC), either as a new entity, or as

20 a separate entity administrated by an organization man21 aging another FFRDC, or as a nonprofit membership

22 corporation consisting of a consortium of other FFRDCs

23 and other non-profit entities.

24 (b) LIMITATION ON COMPENSATION.—No member

25 of a Board of Directors, Trustees, Overseers, Advisory
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1 Group, Special Issues Panel, Visiting Committee, or any

2 similar entity of a defense FFRDC, and no paid consult3 ant to any defense FFRDC, may be compensated for his

4 or her services as a member of such entity, or as a paid

5 consultant, except under the same conditions, and to the

6 same extent, as members of the Defense Science Board:

7 Provided, That a member of any such entity referred to

8 previously in this subsection shall be allowed travel ex9 penses and per diem as authorized under the Federal

10 Joint Travel Regulations, when engaged in the perform11 ance of membership duties.

12 (c) Notwithstanding any other provision of law,

13 none of the funds available to the department from any

14 source during fiscal year 1997 may be used by a defense

15 FFRDC, through a fee or other payment mechanism, for

16 charitable contributions, for construction of new build17 ings, for payment of cost sharing for projects funded by

18 government grants, or for absorption of contract over19 runs.

20 (d) Notwithstanding any other provision of law, of

21 the funds available to the department during fiscal year

22 1997, not more than 5,975 staff years of technical effort

23 (staff years) may be funded for defense FFRDCs: Pro24 vided, That of the specific amount referred to previously
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1 in this subsection, not more than 1,088 staff years may

2 be funded for the defense studies and analysis FFRDCs.

3 (e) Notwithstanding any other provision of law,

4 the Secretary of Defense shall control the total number

5 of staff years to be performed by defense FFRDCs dur6 ing fiscal year 1997 so as to reduce the total amounts

7 appropriated in titles II, III, and IV of this Act by

8 $52,286,000: Provided, That the total amounts appro9 priated in titles II, III, and IV of this Act are hereby re10 duced by $52,286,000 to reflect savings from the use of

11 defense FFRDCs by the department.

12 (f) Within 60 days after enactment of this Act,

13 the Secretary of Defense shall submit to the Congres14 sional defense committees a report presenting the specific

15 amounts of staff years of technical effort to be allocated

16 by the department for each defense FFRDC during fiscal

17 year 1997: Provided, That, after the submission of the

18 report required by this subsection, the department may

19 not reallocate more than five percent of an FFRDC’s

20 staff years among other defense FFRDCs until 30 days

21 after a detailed justification for any such reallocation is

22 submitted to the Congressional defense committees.

23 (g) The Secretary of Defense shall, with the sub24 mission of the department’s fiscal year 1998 budget re25 quest, submit a report presenting the specific amounts of
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1 staff years of technical effort to be allocated for each de2 fense FFRDC during that fiscal year.

3 (h) The total amounts appropriated to or for the

4 use of the department in titles II, III, and IV of this Act

5 are hereby further reduced by $102,286,000 to reflect

6 savings from the decreased use of non-FFRDC consult7 ing services by the department.

8 (i) No part of the reductions contained in sub9 sections (e) and (h) of this section may be applied

10 against any budget activity, activity group, subactivity

11 group, line item, program element, program, project, sub12 project or activity which does not fund defense FFRDC

13 activities or non-FFRDC consulting services within each

14 appropriation account.

15 (j) Not later than 90 days after enactment of this

16 Act, the Secretary of Defense shall submit to the con17 gressional defense committees a report listing the specific

18 funding reductions allocated to each category listed in

19 subsection (i) above pursuant to this section.

20 SEC. 8038. None of the funds in this or any other

21 Act shall be available for the preparation of studies on—

22 (a) the feasibility of removal and transportation

23 of unitary chemical weapons or agents from the

24 eight chemical storage sites within the continental

25 United States to Johnston Atoll: Provided, That this
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1 prohibition shall not apply to General Accounting

2 Office studies requested by a Member of Congress or

3 a Congressional Committee; and

4 (b) the potential future uses of the nine chemi5 cal disposal facilities other than for the destruction

6 of stockpile chemical munitions and as limited by

7 section 1412(c)(2), Public Law 99–145: Provided,

8 That this prohibition does not apply to future use

9 studies for the CAMDS facility at Tooele, Utah.

10 SEC. 8039. None of the funds appropriated or

11 made available in this Act shall be used to procure car12 bon, alloy or armor steel plate for use in any Govern13 ment-owned facility or property under the control of the

14 Department of Defense which were not melted and rolled

15 in the United States or Canada: Provided, That these

16 procurement restrictions shall apply to any and all Fed17 eral Supply Class 9515, American Society of Testing and

18 Materials (ASTM) or American Iron and Steel Institute

19 (AISI) specifications of carbon, alloy or armor steel plate:

20 Provided further, That the Secretary of the military de21 partment responsible for the procurement may waive this

22 restriction on a case-by-case basis by certifying in writing

23 to the Committees on Appropriations of the House of

24 Representatives and the Senate that adequate domestic

25 supplies are not available to meet Department of Defense
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1 requirements on a timely basis and that such an acquisi2 tion must be made in order to acquire capability for na3 tional security purposes: Provided further, That these re4 strictions shall not apply to contracts which are in being

5 as of the date of enactment of this Act.

6 SEC. 8040. For the purposes of this Act, the term

7 ‘‘congressional defense committees’’ means the National

8 Security Committee of the House of Representatives, the

9 Armed Services Committee of the Senate, the subcommit10 tee on Defense of the Committee on Appropriations of

11 the Senate, and the subcommittee on National Security

12 of the Committee on Appropriations of the House of Rep13 resentatives.

14 SEC. 8041. During the current fiscal year, the

15 Department of Defense may acquire the modification,

16 depot maintenance and repair of aircraft, vehicles and

17 vessels as well as the production of components and other

18 Defense-related articles, through competition between De19 partment of Defense depot maintenance activities and

20 private firms: Provided, That the Senior Acquisition Ex21 ecutive of the military department or defense agency con22 cerned, with power of delegation, shall certify that suc23 cessful bids include comparable estimates of all direct

24 and indirect costs for both public and private bids: Pro25 vided further, That Office of Management and Budget
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1 Circular A–76 shall not apply to competitions conducted

2 under this section.

3 SEC. 8042. (a)(1) If the Secretary of Defense,

4 after consultation with the United States Trade Rep5 resentative, determines that a foreign country which is

6 party to an agreement described in paragraph (2) has

7 violated the terms of the agreement by discriminating

8 against certain types of products produced in the United

9 States that are covered by the agreement, the Secretary

10 of Defense shall rescind the Secretary’s blanket waiver of

11 the Buy American Act with respect to such types of prod12 ucts produced in that foreign country.

13 (2) An agreement referred to in paragraph (1) is

14 any reciprocal defense procurement memorandum of un15 derstanding, between the United States and a foreign

16 country pursuant to which the Secretary of Defense has

17 prospectively waived the Buy American Act for certain

18 products in that country.

19 (b) The Secretary of Defense shall submit to Con20 gress a report on the amount of Department of Defense

21 purchases from foreign entities in fiscal year 1997. Such

22 report shall separately indicate the dollar value of items

23 for which the Buy American Act was waived pursuant to

24 any agreement described in subsection (a)(2), the Trade

25 Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any
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1 international agreement to which the United States is a

2 party.

3 (c) For purposes of this section, the term ‘‘Buy

4 American Act’’ means title III of the Act entitled ‘‘An

5 Act making appropriations for the Treasury and Post Of6 fice Departments for the fiscal year ending June 30,

7 1934, and for other purposes’’, approved March 3, 1933

8 (41 U.S.C. 10a et seq.).

9 SEC. 8043. Appropriations contained in this Act

10 that remain available at the end of the current fiscal year

11 as a result of energy cost savings realized by the Depart12 ment of Defense shall remain available for obligation for

13 the next fiscal year to the extent, and for the purposes,

14 provided in section 2865 of title 10, United States Code.

15 SEC. 8044. During the current fiscal year and

16 hereafter, voluntary separation incentives payable under

17 10 U.S.C. 1175 may be paid in such amounts as are nec18 essary from the assets of the Voluntary Separation In19 centive Fund established by section 1175(h)(1).

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 8045. Amounts deposited during the current

22 fiscal year to the special account established under 40

23 U.S.C. 485(h)(2) and to the special account established

24 under 10 U.S.C. 2667(d)(1) are appropriated and shall

25 be available until transferred by the Secretary of Defense

26 to current applicable appropriations or funds of the De-
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1 partment of Defense under the terms and conditions

2 specified by 40 U.S.C. 485(h)(2) (A) and (B) and 10

3 U.S.C. 2667(d)(1)(B), to be merged with and to be avail4 able for the same time period and the same purposes as

5 the appropriation to which transferred.

6 SEC. 8046. During the current fiscal year, appro7 priations available to the Department of Defense may be

8 used to reimburse a member of a reserve component of

9 the Armed Forces who is not otherwise entitled to travel

10 and transportation allowances and who occupies transient

11 government housing while performing active duty for

12 training or inactive duty training: Provided, That such

13 members may be provided lodging in kind if transient

14 government quarters are unavailable as if the member

15 was entitled to such allowances under subsection (a) of

16 section 404 of title 37, United States Code: Provided fur17 ther, That if lodging in kind is provided, any authorized

18 service charge or cost of such lodging may be paid di19 rectly from funds appropriated for operation and mainte20 nance of the reserve component of the member concerned.

21 SEC. 8047. The President shall include with each

22 budget for a fiscal year submitted to the Congress under

23 section 1105 of title 31, United States Code, materials

24 that shall identify clearly and separately the amounts re25 quested in the budget for appropriation for that fiscal
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1 year for salaries and expenses related to administrative

2 activities of the Department of Defense, the military de3 partments, and the Defense Agencies.

4 SEC. 8048. Notwithstanding any other provision

5 of law, funds available for ‘‘Drug Interdiction and

6 Counter-Drug Activities, Defense’’ may be obligated for

7 the Young Marines program.

8 SEC. 8049. During the current fiscal year,

9 amounts contained in the Department of Defense Over10 seas Military Facility Investment Recovery Account es11 tablished by section 2921(c)(1) of the National Defense

12 Authorization Act of 1991 (Public Law 101–510; 10

13 U.S.C. 2687 note) shall be available until expended for

14 the payments specified by section 2921(c)(2) of that Act.

15 SEC. 8050. During the current fiscal year and

16 hereafter, annual payments granted under the provisions

17 of section 4416 of the National Defense Authorization

18 Act for Fiscal Year 1993 (Public Law 102–484; 106

19 Stat. 2714) shall be made from appropriations in this

20 Act which are available for the pay of reserve component

21 personnel.

22 SEC. 8051. Of the funds appropriated or other23 wise made available by this Act, not more than

24 $119,200,000 shall be available for payment of the oper25 ating costs of NATO Headquarters: Provided, That the
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1 Secretary of Defense may waive this section for Depart2 ment of Defense support provided to NATO forces in and

3 around the former Yugoslavia.

4 SEC. 8052. During the current fiscal year, appro5 priations which are available to the Department of De6 fense for operation and maintenance may be used to pur7 chase items having an investment item unit cost of not

8 more than $100,000.

9 SEC. 8053. During the current fiscal year and

10 hereafter, appropriations available for the pay and allow11 ances of active duty members of the Armed Forces shall

12 be available to pay the retired pay which is payable pur13 suant to section 4403 of Public Law 102–484 (10 U.S.C.

14 1293 note) under the terms and conditions provided in

15 section 4403.

16 SEC. 8054. (a) During the current fiscal year,

17 none of the appropriations or funds available to the De18 fense Business Operations Fund shall be used for the

19 purchase of an investment item for the purpose of acquir20 ing a new inventory item for sale or anticipated sale dur21 ing the current fiscal year or a subsequent fiscal year to

22 customers of the Defense Business Operations Fund if

23 such an item would not have been chargeable to the De24 fense Business Operations Fund during fiscal year 1994

25 and if the purchase of such an investment item would be
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1 chargeable during the current fiscal year to appropria2 tions made to the Department of Defense for procure3 ment.

4 (b) The fiscal year 1998 budget request for the

5 Department of Defense as well as all justification mate6 rial and other documentation supporting the fiscal year

7 1998 Department of Defense budget shall be prepared

8 and submitted to the Congress on the basis that any

9 equipment which was classified as an end item and fund10 ed in a procurement appropriation contained in this Act

11 shall be budgeted for in a proposed fiscal year 1998 pro12 curement appropriation and not in the supply manage13 ment business area or any other area or category of the

14 Defense Business Operations Fund.

15 SEC. 8055. None of the funds provided in this Act

16 shall be available for use by a Military Department to

17 modify an aircraft, weapon, ship or other item of equip18 ment, that the Military Department concerned plans to

19 retire or otherwise dispose of within five years after com20 pletion of the modification: Provided, That this prohibi21 tion shall not apply to safety modifications: Provided fur22 ther, That this prohibition may be waived by the Sec23 retary of a Military Department if the Secretary deter24 mines it is in the best national security interest of the
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1 United States to provide such waiver and so notifies the

2 congressional defense committees in writing.

3 SEC. 8056. None of the funds appropriated by

4 this Act for programs of the Central Intelligence Agency

5 shall remain available for obligation beyond the current

6 fiscal year, except for funds appropriated for the Reserve

7 for Contingencies, which shall remain available until Sep8 tember 30, 1998.

9 SEC. 8057. Notwithstanding any other provision

10 of law, funds made available in this Act for the Defense

11 Intelligence Agency may be used for the design, develop12 ment, and deployment of General Defense Intelligence

13 Program intelligence communications and intelligence in14 formation systems for the Services, the Unified and Spec15 ified Commands, and the component commands.

16 SEC. 8058. (a) Notwithstanding any other provi17 sion of law, funds appropriated in this Act for the High

18 Performance Computing Modernization Program shall be

19 made available only for the acquisition, modernization

20 and sustainment of supercomputing capability and capac21 ity at Department of Defense (DoD) science and tech22 nology sites under the cognizance of the Director of De23 fense Research and Engineering and DoD test and eval24 uation facilities under the Director of Test and Evalua-
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1 tion, OUSD (A&T): Provided, That these funds shall be

2 awarded based on user-defined requirements.

3 (b) Of the funds appropriated in this Act under

4 the heading ‘‘Procurement, Defense-Wide’’,

5 $124,735,000 shall be made available for the High Per6 formance Computing Modernization Program. Of the

7 total funds made available for the program pursuant to

8 this subsection, $20,000,000 shall be for the Army High

9 Performance Computing Research Center.

10 SEC. 8059. Of the funds appropriated by the De11 partment of Defense under the heading ‘‘Operation and

12 Maintenance, Defense-Wide’’, not less than $8,000,000

13 shall be made available only for the mitigation of environ14 mental impacts, including training and technical assist15 ance to tribes, related administrative support, the gather16 ing of information, documenting of environmental dam17 age, and developing a system for prioritization of mitiga18 tion, on Indian lands resulting from Department of De19 fense activities.

20 SEC. 8060. Amounts collected for the use of the

21 facilities of the National Science Center for Communica22 tions and Electronics during the current fiscal year pur23 suant to section 1459(g) of the Department of Defense

24 Authorization Act, 1986, and deposited to the special ac25 count established under subsection 1459(g)(2) of that
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1 Act are appropriated and shall be available until ex2 pended for the operation and maintenance of the Center

3 as provided for in subsection 1459(g)(2).

4 SEC. 8061. None of the funds appropriated in this

5 Act may be used to fill the commander’s position at any

6 military medical facility with a health care professional

7 unless the prospective candidate can demonstrate profes8 sional administrative skills.

9 SEC. 8062. (a) None of the funds appropriated in

10 this Act may be expended by an entity of the Department

11 of Defense unless the entity, in expending the funds,

12 complies with Buy American Act. For purposes of this

13 subsection, the term ‘‘Buy American Act’’ means title III

14 of the Act entitled ‘‘An Act making appropriations for

15 the Treasury and Post Office Departments for the fiscal

16 year ending June 30, 1934, and for other purposes’’, ap17 proved March 3, 1933 (41 U.S.C. 10a et seq.).

18 (b) If the Secretary of Defense determines that a

19 person has been convicted of intentionally affixing a label

20 bearing a ‘‘Made in America’’ inscription to any product

21 sold in or shipped to the United States that is not made

22 in America, the Secretary shall determine, in accordance

23 with section 2410f of title 10, United States Code,

24 whether the person should be debarred from contracting

25 with the Department of Defense.
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1 (c) In the case of any equipment or products pur2 chased with appropriations provided under this Act, it is

3 the sense of the Congress that any entity of the Depart4 ment of Defense, in expending the appropriation, pur5 chase only American-made equipment and products, pro6 vided that American-made equipment and products are

7 cost-competitive, quality-competitive, and available in a

8 timely fashion.

9 SEC. 8063. None of the funds appropriated by

10 this Act shall be available for a contract for studies, anal11 ysis, or consulting services entered into without competi12 tion on the basis of an unsolicited proposal unless the

13 head of the activity responsible for the procurement de14 termines—

15 (1) as a result of thorough technical evaluation,

16 only one source is found fully qualified to perform

17 the proposed work, or

18 (2) the purpose of the contract is to explore an

19 unsolicited proposal which offers significant sci20 entific or technological promise, represents the prod21 uct of original thinking, and was submitted in con22 fidence by one source, or

23 (3) the purpose of the contract is to take ad24 vantage of unique and significant industrial accom25 plishment by a specific concern, or to insure that a
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1 new product or idea of a specific concern is given fi2 nancial support:

3 Provided, That this limitation shall not apply to contracts

4 in an amount of less than $25,000, contracts related to

5 improvements of equipment that is in development or pro6 duction, or contracts as to which a civilian official of the

7 Department of Defense, who has been confirmed by the

8 Senate, determines that the award of such contract is in

9 the interest of the national defense.

10 SEC. 8064. Funds appropriated by this Act for in11 telligence activities are deemed to be specifically author12 ized by the Congress for purposes of section 504 of the

13 National Security Act of 1947 (50 U.S.C. 414).

14 SEC. 8065. Notwithstanding section 142 of H.R.

15 3230, the National Defense Authorization Act for Fiscal

16 Year 1997, as passed by the Senate on September 10,

17 1996, of the funds provided in title VI of this Act, under

18 the heading ‘‘Chemical Agents and Munitions Destruc19 tion, Defense’’, $40,000,000 shall only be available for

20 the conduct of a pilot program to identify and dem21 onstrate not less than two alternatives to the baseline in22 cineration process for the demilitarization of assembled

23 chemical munitions: Provided, That the Under Secretary

24 of Defense for Acquisition and Technology shall, not later

25 than December 1, 1996, designate a program manager
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1 who is not, nor has been, in direct or immediate control

2 of the baseline reverse assembly incineration demilitariza3 tion program to carry out the pilot program: Provided

4 further, That the Under Secretary of Defense for Acquisi5 tion and Technology shall evaluate the effectiveness of

6 each alternative chemical munitions demilitarization tech7 nology identified and demonstrated under the pilot pro8 gram to demilitarize munitions and assembled chemical

9 munitions while meeting all applicable Federal and State

10 environmental and safety requirements: Provided further,

11 That the Under Secretary of Defense for Acquisition and

12 Technology shall transmit, by December 15 of each year,

13 a report to the congressional defense committees on the

14 activities carried out under the pilot program during the

15 preceding fiscal year in which the report is to be made:

16 Provided further, That section 142(f)(3) of H.R. 3230,

17 the National Defense Authorization Act for Fiscal Year

18 1997, as passed by the Senate on September 10, 1996,

19 is repealed: Provided further, That no funds may be obli20 gated for the construction of a baseline incineration facil21 ity at the Lexington Blue Grass Army Depot or the

22 Pueblo Depot activity until 180 days after the Secretary

23 of Defense has submitted to the congressional defense

24 committees a report detailing the effectiveness of each al25 ternative chemical munitions demilitarization technology
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1 identified and demonstrated under the pilot program and

2 its ability to meet the applicable safety and environ3 mental requirements: Provided further, That none of the

4 funds in this or any other Act may be obligated for the

5 preparation of studies, assessments, or planning of the

6 removal and transportation of stockpile assembled uni7 tary chemical weapons or neutralized chemical agent to

8 any of the eight chemical weapons storage sites within

9 the continental United States.

10 SEC. 8066. (a) None of the funds made available

11 by this Act may be obligated for design, development, ac12 quisition, or operation of more than 47 Titan IV expend13 able launch vehicles, or for satellite mission-model plan14 ning for a Titan IV requirement beyond 47 vehicles.

15 (b) $59,600,000 made available in this Act for

16 Research, Development, Test and Evaluation, Air Force,

17 may only be obligated for development of a new family

18 of medium-lift and heavy-lift expendable launch vehicles

19 evolved from existing technologies.

20 SEC. 8067. None of the funds available to the De21 partment of Defense in this Act may be used to establish

22 additional field operating agencies of any element of the

23 Department during fiscal year 1997, except for field op24 erating agencies funded within the National Foreign In25 telligence Program: Provided, That the Secretary of De-
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1 fense may waive this section by certifying to the House

2 and Senate Committees on Appropriations that the cre3 ation of such field operating agencies will reduce either

4 the personnel and/or financial requirements of the De5 partment of Defense.

6 SEC. 8068. Notwithstanding section 303 of Public

7 Law 96–487 or any other provision of law, the Secretary

8 of the Navy is authorized to lease real and personal prop9 erty at Naval Air Facility, Adak, Alaska, pursuant to 10

10 U.S.C. 2667(f), for commercial, industrial or other pur11 poses.

12 SEC. 8069. Notwithstanding any other provision

13 of law, for resident classes entering the war colleges after

14 September 30, 1997, the Department of Defense shall re15 quire that not less than 20 percent of the total of United

16 States military students at each war college shall be from

17 military departments other than the hosting military de18 partment: Provided, That each military department will

19 recognize the attendance at a sister military department

20 war college as the equivalent of attendance at its own

21 war college for promotion and advancement of personnel.

22 (RESCISSIONS)

23 SEC. 8070. Of the funds provided in Department

24 of Defense Appropriations Acts, the following funds are

25 hereby rescinded from the following accounts in the speci26 fied amounts:
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1 ‘‘Procurement of Ammunition, Army, 1995/

2 1997’’, $4,500,000;

3 ‘‘Aircraft Procurement, Navy, 1995/1997’’,

4 $8,000,000;

5 ‘‘Procurement of Ammunition, Navy and Ma6 rine Corps, 1995/1997’’, $2,000,000;

7 ‘‘Other Procurement, Navy, 1995/1997’’,

8 $10,000,000;

9 ‘‘Aircraft Procurement, Air Force, 1995/1997’’,

10 $3,100,000;

11 ‘‘Missile Procurement, Air Force, 1995/1997’’,

12 $31,900,000;

13 ‘‘Aircraft Procurement, Navy, 1996/1998’’,

14 $5,400,000;

15 ‘‘Procurement of Ammunition, Navy and Ma16 rine Corps, 1996/1998’’, $12,708,000;

17 ‘‘Aircraft Procurement, Air Force, 1996/1998’’,

18 $9,000,000;

19 ‘‘Missile Procurement, Air Force, 1996/1998’’,

20 $20,000,000;

21 ‘‘Other Procurement, Air Force, 1996/1998’’,

22 $26,000,000;

23 ‘‘Research, Development, Test and Evaluation,

24 Navy 1996/1997’’, $4,500,000.
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1 SEC. 8071. None of the funds provided in this Act

2 may be obligated for payment on new contracts on which

3 allowable costs charged to the government include pay4 ments for individual compensation at a rate in excess of

5 $250,000 per year.

6 SEC. 8072. Of the funds appropriated in the De7 partment of Defense Appropriations Act, 1996 (Public

8 Law 104–61), under the heading ‘‘Other Procurement,

9 Army’’, the Department of the Army shall grant

10 $477,000 to the Kansas Unified School District 207 for

11 the purpose of integrating schools at Fort Leavenworth

12 into the existing fiber optic network on post.

13 SEC. 8073. None of the funds available in this Act

14 may be used to reduce the authorized positions for mili15 tary (civilian) technicians of the Army National Guard,

16 the Air National Guard, Army Reserve and Air Force Re17 serve for the purpose of applying any administratively

18 imposed civilian personnel ceiling, freeze, or reduction on

19 military (civilian) technicians, unless such reductions are

20 a direct result of a reduction in military force structure.

21 SEC. 8074. None of the funds appropriated or

22 otherwise made available in this Act may be obligated or

23 expended for assistance to the Democratic People’s Re24 public of North Korea unless specifically appropriated for

25 that purpose.
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1 SEC. 8075. During the current fiscal year, funds

2 appropriated in this Act are available to compensate

3 members of the National Guard for duty performed pur4 suant to a plan submitted by a Governor of a State and

5 approved by the Secretary of Defense under section 112

6 of title 32, United States Code: Provided, That during

7 the performance of such duty, the members of the Na8 tional Guard shall be under State command and control:

9 Provided further, That such duty shall be treated as full10 time National Guard duty for purposes of sections 12602

11 (a)(2) and (b)(2) of title 10, United States Code.

12 SEC. 8076. Funds appropriated in this Act for op13 eration and maintenance of the Military Departments,

14 Unified and Specified Commands and Defense Agencies

15 shall be available for reimbursement of pay, allowances

16 and other expenses which would otherwise be incurred

17 against appropriations for the National Guard and Re18 serve when members of the National Guard and Reserve

19 provide intelligence support to Unified Commands, De20 fense Agencies and Joint Intelligence Activities, including

21 the activities and programs included within the General

22 Defense Intelligence Program and the Consolidated

23 Cryptologic Program: Provided, That nothing in this sec24 tion authorizes deviation from established Reserve and

25 National Guard personnel and training procedures.
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1 SEC. 8077. During the current fiscal year, none of

2 the funds appropriated in this Act may be used to reduce

3 the civilian medical and medical support personnel as4 signed to military treatment facilities below the Septem5 ber 30, 1996 level: Provided, That the Service Surgeons

6 General may waive this section by certifying to the con7 gressional defense committees that the beneficiary popu8 lation is declining in some catchment areas and civilian

9 strength reductions may be consistent with responsible

10 resource stewardship and capitation-based budgeting.

11 SEC. 8078. All refunds or other amounts collected

12 in the administration of the Civilian Health and Medical

13 Program of the Uniformed Services (CHAMPUS) shall

14 be credited to current year appropriations.

15 (INCLUDING TRANSFER OF FUNDS)

16 SEC. 8079. None of the funds appropriated in this

17 Act may be transferred to or obligated from the Penta18 gon Reservation Maintenance Revolving Fund, unless the

19 Secretary of Defense certifies that the total cost for the

20 planning, design, construction and installation of equip21 ment for the renovation of the Pentagon Reservation will

22 not exceed $1,118,000,000.

23 SEC. 8080. (a) None of the funds available to the

24 Department of Defense for any fiscal year for drug inter25 diction or counter-drug activities may be transferred to
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1 any other department or agency of the United States ex2 cept as specifically provided in an appropriations law.

3 (b) None of the funds available to the Central In4 telligence Agency for any fiscal year for drug interdiction

5 and counter-drug activities may be transferred to any

6 other department or agency of the United States except

7 as specifically provided in an appropriations law.

8 (TRANSFER OF FUNDS)

9 SEC. 8081. Appropriations available in this Act

10 under the heading ‘‘Operation and Maintenance, Defense11 Wide’’ for increasing energy and water efficiency in Fed12 eral buildings may, during their period of availability, be

13 transferred to other appropriations or funds of the De14 partment of Defense for projects related to increasing en15 ergy and water efficiency, to be merged with and to be

16 available for the same general purposes, and for the same

17 time period, as the appropriation or fund to which trans18 ferred.

19 SEC. 8082. None of the funds appropriated by

20 this Act may be used for the procurement of ball and

21 roller bearings other than those produced by a domestic

22 source and of domestic origin: Provided, That the Sec23 retary of the military department responsible for such

24 procurement may waive this restriction on a case-by-case

25 basis by certifying in writing to the Committees on Ap26 propriations of the House of Representatives and the
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1 Senate, that adequate domestic supplies are not available

2 to meet Department of Defense requirements on a timely

3 basis and that such an acquisition must be made in order

4 to acquire capability for national security purposes.

5 SEC. 8083. Notwithstanding any other provision

6 of law, funds available to the Department of Defense

7 shall be made available to provide transportation of medi8 cal supplies and equipment, on a nonreimbursable basis,

9 to American Samoa: Provided, That notwithstanding any

10 other provision of law, funds available to the Department

11 of Defense shall be made available to provide transpor12 tation of medical supplies and equipment, on a non13 reimbursable basis, to the Indian Health Service when it

14 is in conjunction with a civil-military project.

15 SEC. 8084. None of the funds in this Act may be

16 used to purchase any supercomputer which is not manu17 factured in the United States, unless the Secretary of

18 Defense certifies to the congressional defense committees

19 that such an acquisition must be made in order to ac20 quire capability for national security purposes that is not

21 available from United States manufacturers.

22 SEC. 8085. Notwithstanding any other provision

23 of law, the Naval shipyards of the United States shall be

24 eligible to participate in any manufacturing extension
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1 program financed by funds appropriated in this or any

2 other Act.

3 SEC. 8086. None of the funds appropriated by

4 this Act shall be available to lease or charter a vessel in

5 excess of seventeen months (inclusive of any option peri6 ods) to transport fuel or oil for the Department of De7 fense if the vessel was constructed after October 1, 1995

8 unless the Secretary of Defense requires that the vessel

9 be constructed in the United States with a double hull

10 under the long-term lease or charter authority provided

11 in section 2401 note of title 10, United States Code: Pro12 vided, That this limitation shall not apply to contracts in

13 force on the date of enactment of this Act: Provided fur14 ther, That by 1997 at least 20 percent of annual leases

15 and charters must be for ships of double hull design con16 structed after October 1, 1995 if available in numbers

17 sufficient to satisfy this requirement: Provided further,

18 That the Military Sealift Command shall plan to achieve

19 the goal of eliminating single hull ship leases by the year

20 2015.

21 (TRANSFER OF FUNDS)

22 SEC. 8087. In addition to amounts appropriated

23 or otherwise made available by this Act, $300,000,000 is

24 hereby appropriated to the Department of Defense and

25 shall be available only for transfer to the United States

26 Coast Guard.
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1 SEC. 8088. Notwithstanding any other provision

2 in this Act, the total amount appropriated in this Act is

3 hereby reduced by $150,000,000 to reflect savings from

4 reduced carryover of activities funded through the De5 fense Business Operations Fund, to be distributed as fol6 lows: ‘‘Operation and Maintenance, Army’’, $60,000,000;

7 and ‘‘Operation and Maintenance, Navy’’, $90,000,000.

8 SEC. 8089. Notwithstanding any other provision

9 of law, each contract awarded by the Department of De10 fense during the current fiscal year for construction or

11 service performed in whole or in part in a State which

12 is not contiguous with another State and has an unem13 ployment rate in excess of the national average rate of

14 unemployment as determined by the Secretary of Labor,

15 shall include a provision requiring the contractor to em16 ploy, for the purpose of performing that portion of the

17 contract in such State that is not contiguous with an18 other State, individuals who are residents of such State

19 and who, in the case of any craft or trade, possess or

20 would be able to acquire promptly the necessary skills:

21 Provided, That the Secretary of Defense may waive the

22 requirements of this section, on a case-by-case basis, in

23 the interest of national security.

24 SEC. 8090. During the current fiscal year, the

25 Army shall use the former George Air Force Base as the
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1 airhead for the National Training Center at Fort Irwin:

2 Provided, That none of the funds in this Act shall be obli3 gated or expended to transport Army personnel into Ed4 wards Air Force Base for training rotations at the Na5 tional Training Center.

6 SEC. 8091. (a) The Secretary of Defense shall

7 submit, on a quarterly basis, a report to the congres8 sional defense committees, the Committee on Inter9 national Relations of the House of Representatives and

10 the Committee on Foreign Relations of the Senate setting

11 forth all costs (including incremental costs) incurred by

12 the Department of Defense during the preceding quarter

13 in implementing or supporting resolutions of the United

14 Nations Security Council, including any such resolution

15 calling for international sanctions, international peace16 keeping operations, and humanitarian missions under17 taken by the Department of Defense. The quarterly re18 port shall include an aggregate of all such Department

19 of Defense costs by operation or mission.

20 (b) The Secretary of Defense shall detail in the

21 quarterly reports all efforts made to seek credit against

22 past United Nations expenditures and all efforts made to

23 seek compensation from the United Nations for costs in24 curred by the Department of Defense in implementing

25 and supporting United Nations activities.
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1 SEC. 8092 (a) LIMITATION ON TRANSFER OF DE2 FENSE ARTICLES AND SERVICES.—Notwithstanding any

3 other provision of law, none of the funds available to the

4 Department of Defense for the current fiscal year may be

5 obligated or expended to transfer to another nation or an

6 international organization any defense articles or services

7 (other than intelligence services) for use in the activities

8 described in subsection (b) unless the congressional de9 fense committees, the Committee on International Rela10 tions of the House of Representatives, and the Committee

11 on Foreign Relations of the Senate are notified 15 days

12 in advance of such transfer.

13 (b) COVERED ACTIVITIES.—(1) This section ap14 plies to—

15 (A) any international peacekeeping or peace-en16 forcement operation under the authority of chapter

17 VI or chapter VII of the United Nations Charter

18 under the authority of a United Nations Security

19 Council resolution; and

20 (B) any other international peacekeeping,

21 peace-enforcement, or humanitarian assistance oper22 ation.

23 (c) REQUIRED NOTICE.—A notice under sub24 section (a) shall include the following:
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1 (1) A description of the equipment, supplies, or

2 services to be transferred.

3 (2) A statement of the value of the equipment,

4 supplies, or services to be transferred.

5 (3) In the case of a proposed transfer of equip6 ment or supplies—

7 (A) a statement of whether the inventory

8 requirements of all elements of the Armed

9 Forces (including the reserve components) for

10 the type of equipment or supplies to be trans11 ferred have been met; and

12 (B) a statement of whether the items pro13 posed to be transferred will have to be replaced

14 and, if so, how the President proposes to pro15 vide funds for such replacement.

16 SEC. 8093. To the extent authorized by sub17 chapter VI of Chapter 148 of title 10, United States

18 Code, the Secretary of Defense shall issue loan guaran19 tees in support of U.S. defense exports not otherwise pro20 vided for: Provided, That the total contingent liability of

21 the United States for guarantees issued under the au22 thority of this section may not exceed $15,000,000,000:

23 Provided further, That the exposure fees charged and col24 lected by the Secretary for each guarantee, shall be paid

25 by the country involved and shall not be financed as part
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1 of a loan guaranteed by the United States: Provided fur2 ther, That the Secretary shall provide quarterly reports to

3 the Committees on Appropriations, Armed Services and

4 Foreign Relations of the Senate and the Committees on

5 Appropriations, National Security and International Re6 lations in the House of Representatives on the implemen7 tation of this program: Provided further, That amounts

8 charged for administrative fees and deposited to the spe9 cial account provided for under section 2540c(d) of title

10 10, shall be available for paying the costs of administra11 tive expenses of the Department of Defense that are at12 tributable to the loan guarantee program under sub13 chapter VI of Chapter 148 of title 10.

14 SEC. 8094. None of the funds available to the De15 partment of Defense shall be obligated or expended to

16 make a financial contribution to the United Nations for

17 the cost of an United Nations peacekeeping activity

18 (whether pursuant to assessment or a voluntary contribu19 tion) or for payment of any United States arrearage to

20 the United Nations.

21 SEC. 8095. None of the funds available to the De22 partment of Defense under this Act shall be obligated or

23 expended to pay a contractor under a contract with the

24 Department of Defense for costs of any amount paid by

25 the contractor to an employee when—
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1 (1) such costs are for a bonus or otherwise in

2 excess of the normal salary paid by the contractor

3 to the employee; and

4 (2) such bonus is part of restructuring costs as5 sociated with a business combination.

6 SEC. 8096. The amount otherwise provided by

7 this Act for ‘‘Operation and Maintenance, Air Force’’ is

8 hereby reduced by $194,500,000, to reflect a reduction in

9 the pass-through to the Air Force business areas of the

10 Defense Business Operations Fund.

11 SEC. 8097. (a) None of the funds appropriated or

12 otherwise made available in this Act may be used to

13 transport or provide for the transportation of chemical

14 munitions or agents to the Johnston Atoll for the pur15 pose of storing or demilitarizing such munitions or

16 agents.

17 (b) The prohibition in subsection (a) shall not

18 apply to any obsolete World War II chemical munition or

19 agent of the United States found in the World War II

20 Pacific Theater of Operations.

21 (c) The President may suspend the application of

22 subsection (a) during a period of war in which the United

23 States is a party.

24 SEC. 8098. None of the funds provided in title II

25 of this Act for ‘‘Former Soviet Union Threat Reduction’’
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1 may be obligated or expended to finance housing for any

2 individual who was a member of the military forces of the

3 Soviet Union or for any individual who is or was a mem4 ber of the military forces of the Russian Federation.

5 SEC. 8099. During the current fiscal year, no

6 more than $15,000,000 of appropriations made in this

7 Act under the heading ‘‘Operation and Maintenance, De8 fense-Wide’’ may be transferred to appropriations avail9 able for the pay of military personnel, to be merged with,

10 and to be available for the same time period as the ap11 propriations to which transferred, to be used in support

12 of such personnel in connection with support and services

13 for eligible organizations and activities outside the De14 partment of Defense pursuant to section 2012 of title 10,

15 United States Code.

16 SEC. 8100. Beginning in fiscal year 1997 and

17 thereafter, and notwithstanding any other provision of

18 law, fixed and mobile telecommunications support shall

19 be provided by the White House Communications Agency

20 (WHCA) to the United States Secret Service (USSS),

21 without reimbursement, in connection with the Secret

22 Service’s duties directly related to the protection of the

23 President or the Vice President or other officer imme24 diately next in order of succession to the office of the

25 President at the White House Security Complex in the
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1 Washington, D.C. Metropolitan Area and Camp David,

2 Maryland. For these purposes, the White House Security

3 Complex includes the White House, the White House

4 grounds, the Old Executive Office Building, the New Ex5 ecutive Office Building, the Blair House, the Treasury

6 Building, and the Vice President’s Residence at the

7 Naval Observatory.

8 SEC. 8101. None of the funds provided in this Act

9 may be obligated or expended for the sale of zinc in the

10 National Defense Stockpile if zinc commodity prices de11 cline more than five percent below the London Metals

12 Exchange market price reported on the date of enact13 ment of this Act.

14 SEC. 8102. For purposes of section 1553(b) of

15 title 31, United States Code, any subdivision of appro16 priations made in this Act under the heading ‘‘Shipbuild17 ing and Conversion, Navy’’ shall be considered to be for

18 the same purpose as any subdivision under the heading

19 ‘‘Shipbuilding and Conversion, Navy’’ appropriations in

20 any prior year, and the one percent limitation shall apply

21 to the total amount of the appropriation.

22 SEC. 8103. During the current fiscal year, and

23 notwithstanding 31 U.S.C. 1552(a), not more than

24 $107,000,000 appropriated under the heading ‘‘Aircraft

25 Procurement, Air Force’’ in Public Law 101–511 and not
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1 more than $15,000,000 appropriated under the heading

2 ‘‘Aircraft Procurement, Air Force’’ in Public Law 102–

3 172 which were available and obligated for the B–2 Air4 craft Program shall remain available for expenditure and

5 for adjusting obligations for such Program until Septem6 ber 30, 2002.

7 SEC. 8104. During the current fiscal year, in the

8 case of an appropriation account of the Department of

9 Defense for which the period of availability for obligation

10 has expired or which has closed under the provisions of

11 section 1552 of title 31, United States Code, and which

12 has a negative unliquidated or unexpended balance, an

13 obligation or an adjustment of an obligation may be

14 charged to any current appropriation account for the

15 same purpose as the expired or closed account if—

16 (1) the obligation would have been properly

17 chargeable (except as to amount) to the expired or

18 closed account before the end of the period of avail19 ability or closing of that account;

20 (2) the obligation is not otherwise properly

21 chargeable to any current appropriation account of

22 the Department of Defense; and

23 (3) in the case of an expired account, the obli24 gation is not chargeable to a current appropriation

25 of the Department of Defense under the provisions
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1 of section 1405(b)(8) of the National Defense Au2 thorization Act for Fiscal Year 1991, Public Law

3 101–510, as amended (31 U.S.C. 1551 note): Pro4 vided, That in the case of an expired account, if sub5 sequent review or investigation discloses that there

6 was not in fact a negative unliquidated or unex7 pended balance in the account, any charge to a cur8 rent account under the authority of this section shall

9 be reversed and recorded against the expired ac10 count: Provided further, That the total amount

11 charged to a current appropriation under this sec12 tion may not exceed an amount equal to one percent

13 of the total appropriation for that account.

14 (TRANSFER OF FUNDS)

15 SEC. 8105. Upon enactment of this Act, the Sec16 retary of Defense shall make the following transfers of

17 funds: Provided, That the amounts transferred shall be

18 available for the same purposes as the appropriations to

19 which transferred, and for the same time period as the

20 appropriation from which transferred: Provided further,

21 That the amounts shall be transferred between the fol22 lowing appropriations in the amount specified:

23 From:

24 Under the heading, ‘‘Shipbuilding and Conver25 sion, Navy, 1985/1995’’:

26 CG–47 cruiser program, $4,300,000;
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1 For craft, outfitting, and post delivery,

2 $2,000,000;

3 To:

4 Under the heading, ‘‘Shipbuilding and Conver5 sion, Navy, 1985/1995’’:

6 DDG–51 destroyer program, $6,300,000;

7 From:

8 Under the heading, ‘‘Shipbuilding and Conver9 sion, Navy, 1986/1996’’:

10 LHD–1 amphibious assault ship program,

11 $2,154,000;

12 To:

13 Under the heading, ‘‘Shipbuilding and Conver14 sion, Navy, 1986/1996’’:

15 For craft, outfitting and post delivery,

16 $2,154,000;

17 From:

18 Under the heading, ‘‘Shipbuilding and Conver19 sion, Navy, 1987/1996’’:

20 T–AO fleet oiler program, $1,095,000;

21 Oceanographic ship program, $735,000;

22 To:

23 Under the heading, ‘‘Shipbuilding and Conver24 sion, Navy, 1987/1996’’:
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1 For craft, outfitting, and post delivery,

2 $1,830,000;

3 From:

4 Under the heading, ‘‘Shipbuilding and Conver5 sion, Navy, 1989/2000’’:

6 T–AO fleet oiler program, $6,571,000;

7 To:

8 Under the heading, ‘‘Shipbuilding and Conver9 sion, Navy, 1989/2000’’:

10 SSN–21 attack submarine program,

11 $6,571,000;

12 From:

13 Under the heading, ‘‘Shipbuilding and Conver14 sion, Navy, 1991/2001’’:

15 DDG–51 destroyer program, $12,687,000;

16 To:

17 Under the heading, ‘‘Shipbuilding and Conver18 sion, Navy, 1991/2001’’:

19 LHD–1 amphibious assault ship program,

20 $9,387,000;

21 MHC coastal mine hunter program,

22 $3,300,000;

23 From:

24 Under the heading, ‘‘Shipbuilding and Conver25 sion, Navy, 1992/1996’’:
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1 For escalation, $1,600,000;

2 To:

3 Under the heading, ‘‘Shipbuilding and Conver4 sion, Navy, 1992/1996’’:

5 MHC coastal mine hunter program,

6 $1,600,000;

7 From:

8 Under the heading, ‘‘Shipbuilding and Conver9 sion, Navy, 1993/1997’’:

10 DDG–51 destroyer program, $5,000,000;

11 LSD–41 cargo variant ship program,

12 $2,700,000;

13 For craft, outfitting, post delivery, and first

14 destination transportation, and inflation adjust15 ment, $1,577,000;

16 To:

17 Under the heading, ‘‘Shipbuilding and Conver18 sion, Navy, 1993/1997’’:

19 AOE combat support ship program,

20 $9,277,000;

21 From:

22 Under the heading, ‘‘Shipbuilding and Conver23 sion, Navy, 1995/1999’’:

24 Carrier replacement program,

25 $18,023,000;
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1 To:

2 Under the heading, ‘‘Shipbuilding and Conver3 sion, Navy, 1993/1997’’:

4 MHC coastal mine hunter program,

5 $6,700,000;

6 AOE combat support ship program,

7 $11,323,000;

8 From:

9 Under the heading, ‘‘Shipbuilding and Conver10 sion, Navy, 1994/1998’’:

11 LHD–1 amphibious assault ship program,

12 $4,100,000;

13 Mine warfare command and control ship,

14 $1,000,000;

15 For craft, outfitting, post delivery, and

16 first destination transportation, $2,000,000;

17 From:

18 Under the heading, ‘‘Shipbuilding and Conver19 sion, Navy, 1995/1999’’:

20 Carrier replacement program, $9,477,000;

21 From:

22 Under the heading, ‘‘Shipbuilding and Conver23 sion, Navy, 1996/2000’’:

24 NSSN–1 (AP), $3,791,000;

25 DDG–51 destroyer program, $4,075,000;
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1 CVN Refuelings, $5,212,000;

2 LHD–1 amphibious ship program,

3 $16,800,000;

4 T–AGS–64 multi-purpose oceanographic

5 survey ship, $375,000;

6 For craft, outfitting, post delivery, conver7 sions and first destination transportation,

8 $11,770,000;

9 To:

10 Under the heading, ‘‘Shipbuilding and Conver11 sion, Navy, 1994/1998’’:

12 DDG–51 destroyer program, $41,800,000;

13 and

14 Under the heading, ‘‘Shipbuilding and Conver15 sion, Navy, 1995/1999’’:

16 For craft, outfitting, post delivery, conver17 sions and first destination transportation,

18 $16,800,000.

19 SEC. 8106. (a) The Secretary of Defense shall re20 quire not later than June 30, 1997, each disbursement

21 by the Department of Defense in an amount in excess of

22 $3,000,000 be matched to a particular obligation before

23 the disbursement is made.

24 (b) The Secretary shall ensure that a disburse25 ment in excess of the threshold amount applicable under
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1 section (a) is not divided into multiple disbursements of

2 less than that amount for the purpose of avoiding the ap3 plicability of such section to that disbursement.

4 SEC. 8107. Notwithstanding any other provision

5 of law, the Air Force shall not introduce any new sup6 plier for the remaining production units for the AN/

7 ALE–47 Countermeasures Dispenser System without

8 conducting a full and open competition that will include,

9 but not be limited to, small businesses.

10 SEC. 8108. The Under Secretary of Defense

11 (Comptroller) shall submit to the congressional defense

12 committees a detailed report identifying, by amount and

13 by separate budget activity, activity group, subactivity

14 group, line item, program element, program, project, sub15 project, and activity, any activity for which the fiscal year

16 1998 budget request was reduced because Congress ap17 propriated funds above the President’s budget request for

18 that specific activity for fiscal year 1997.

19 SEC. 8109. In applying section 9005 of the De20 partment of Defense Appropriations Act, 1993, Public

21 Law 102–396 (10 U.S.C. 2241 note), during the current

22 fiscal year and thereafter—

23 (1) the term ‘‘synthetic fabric and coated syn24 thetic fabric’’ shall be deemed to include all textile

25 fibers and yarns that are for use in such fabrics; and
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1 (2) such section shall be treated, notwithstand2 ing section 34 of Public Law 93–400 (41 U.S.C.

3 430), as being applicable to contracts and sub4 contracts for the procurement of commercial items

5 that are articles or items, specialty metals, or tools

6 covered by that section 9005.

7 SEC. 8110. Notwithstanding any other provision

8 of law, including Section 2304(j) of title 10, United

9 States Code, of the funds appropriated under the heading

10 ‘‘Aircraft Procurement, Navy’’ in Public Law 104–61,

11 $45,000,000 shall be made available only for acquisition

12 of T–39N aircraft, associated ground-based training sys13 tem (GBTS), service life extension related components

14 and parts, associated equipment, and data that meet the

15 Undergraduate Flight Officer (UNFO) training require16 ments by procurement of the T–39N aircraft currently

17 being used by the Navy for UNFO training under a serv18 ices contract.

19 SEC. 8111. TRADEOFF STUDY OF CURRENT AND

20 FUTURE DEEP-STRIKE CAPABILITIES.—

21 (1) The Secretary of Defense shall carry out

22 the deep-strike tradeoff study announced by the

23 President to study tradeoffs between bombers, land

24 and sea-based tactical aircraft, and missiles capable

25 of striking targets in an enemy’s rear area.
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1 (2) The Secretary of Defense shall establish an

2 ad hoc review committee under the auspices of the

3 Defense Science Board to establish the methodologi4 cal approach to the tradeoff study, to establish a

5 broad range of stressing scenarios of interest, and to

6 review assumptions regarding the analysis to be con7 ducted.

8 (3) The ad hoc review committee to be estab9 lished under paragraph (2) shall include among its

10 members analysts who have performed or partici11 pated in bomber tradeoff analysis, retired military

12 personnel with broad experience in recent conven13 tional warfare operations, and experts on the logis14 tics of both initial deployment and sustaining sup15 port. These members shall be selected without re16 gard for current service on the Defense Science

17 Board.

18 (4) After submitting its recommendations for

19 the conduct of the deep-strike tradeoff study to the

20 Secretary of Defense, the ad hoc review committee

21 shall continue to meet regularly to review prelimi22 nary results of the analysis and to recommend addi23 tional variations in assumptions that may be re24 quired to illuminate particular force tradeoff issues.
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1 SEC. 8112. Notwithstanding 31 U.S.C. 1552(a),

2 of the funds provided in Department of Defense Appro3 priations Acts, not more than the specified amounts of

4 funds from the following accounts shall remain available

5 for the payment of satellite on-orbit incentive fees until

6 the fees are paid:

7 ‘‘Missile Procurement, Air Force, 1990/1992’’,

8 $17,800,000;

9 ‘‘Missile Procurement, Air Force, 1991/1993’’,

10 $19,330,000;

11 ‘‘Missile Procurement, Air Force, 1992/1994’’,

12 $23,570,000;

13 ‘‘Missile Procurement, Air Force, 1993/1995’’,

14 $16,780,000;

15 ‘‘Missile Procurement, Air Force, 1994/1996’’,

16 $16,780,000.

17 SEC. 8113. TACTICAL AIRCRAFT REQUIREMENT

18 STUDY.—The Secretary of Defense and the Chairman of

19 the Joint Chiefs of Staff shall carry out a joint study

20 under the direct supervision of the Joint Requirements

21 Oversight Council (JROC) assessing future tactical air22 craft requirements across service jurisdictions. This study

23 shall determine the best and most affordable mix of

24 weapon systems to carry out different mission areas and

25 shall include recommendations for changes to the planned
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1 numbers and types of tactical aircraft to be developed

2 and procured over the next ten years if appropriate. Such

3 report shall be submitted to the congressional defense

4 committees no later than March 30, 1997.

5 SEC. 8114. None of the funds available to the De6 partment of the Navy may be used to enter into any con7 tract for the overhaul, repair, or maintenance of any

8 naval vessel homeported on the West Coast of the United

9 States which includes charges for interport differential as

10 an evaluation factor for award.

11 SEC. 8115. (a) None of the funds available to the

12 Department of Defense under this Act may be obligated

13 or expended to reimburse a defense contractor for re14 structuring costs associated with a business combination

15 of the defense contractor that occurs after the date of en16 actment of this Act unless:

17 (1) the auditable savings for the Department of

18 Defense resulting from the restructuring will exceed

19 the costs allowed by a factor of at least two to one,

20 or

21 (2) the savings for the Department of Defense

22 resulting from the restructuring will exceed the costs

23 allowed and the Secretary of Defense determines

24 that the business combination will result in the pres-
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1 ervation of a critical capability that might otherwise

2 be lost to the Department, and

3 (3) the report required by Section 818(e) of

4 Public Law 103–337 to be submitted to Congress in

5 1996 is submitted.

6 (b) Not later than April 1, 1997, the Comptroller

7 General shall, in consultation with the Inspector General

8 of the Department of Defense, the Secretary of Defense,

9 and the Secretary of Labor, submit to Congress a report

10 which shall include the following:

11 (1) an analysis and breakdown of the restruc12 turing costs paid by or submitted to the Department

13 of Defense to companies involved in business com14 binations since 1993;

15 (2) an analysis of the specific costs associated

16 with workforce reductions;

17 (3) an analysis of the services provided to the

18 workers affected by business combinations;

19 (4) an analysis of the effectiveness of the re20 structuring costs used to assist laid off workers in

21 gaining employment;

22 (5) in accordance with section 818 of Public

23 Law 103–337, an analysis of the savings reached

24 from the business combination relative to the re-
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1 structuring costs paid by the Department of De2 fense.

3 (c) The report should set forth recommendations

4 to make this program more effective for workers affected

5 by business combinations and more efficient in terms of

6 the use of Federal dollars.

7 SEC. 8116. Notwithstanding any other provision

8 of law, none of the funds appropriated in this Act may

9 be used to purchase, install, replace, or otherwise repair

10 any lock on a safe or security container which protects

11 information critical to national security or any other clas12 sified materials and which has not been certified as pass13 ing the security lock specifications contained in regula14 tion FF–L–2740 dated October 12, 1989, and has not

15 passed all testing criteria and procedures established

16 through February 28, 1992: Provided, That the Director

17 of Central Intelligence may waive this provision, on a

18 case-by-case basis only, upon certification that the above

19 cited locks are not adequate for the protection of sen20 sitive intelligence information.

21 SEC. 8117. Section 8110 of Public Law 104–61

22 (109 Stat. 674) is hereby repealed.

23 SEC. 8118. The Secretary of Defense, in conjunc24 tion with the Secretary of Labor, shall take such steps

25 as required to ensure that those Department of Defense
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1 contractors and other entities subject to section 4212(d)

2 of title 38, United States Code are aware of, and in com3 pliance with, the requirements of that section regarding

4 submission of an annual report to the Secretary of Labor

5 concerning employment of certain veterans: Provided,

6 That the Secretary of Defense shall ensure that those

7 Department of Defense contractors and other entities

8 subject to section 4212(d) of title 38, United States Code

9 which have contracts with the Department of Defense are

10 notified of the potential penalties associated with failure

11 to comply with these annual reporting requirements (in12 cluding potential suspension or debarment from federal

13 contracting): Provided further, That within 180 days of

14 enactment of this Act the Secretary of Labor and the

15 Secretary of Defense shall submit a report to Congress

16 which—

17 (1) using the most recent reporting data, de18 tails the number of reports received from Depart19 ment of Defense contractors and the estimated num20 ber of Department of Defense contractors which are

21 not in compliance with these annual reporting re22 quirements;

23 (2) describes the steps taken by the Depart24 ments of Labor and Defense in order to ensure com-
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1 pliance with section 4212(d) of title 38, United

2 States Code;

3 (3) describes any additional measures taken or

4 planned to be taken by the Departments of Labor

5 and Defense to improve compliance with section

6 4212(d) of title 38, United States Code pursuant to

7 this section; and

8 (4) any further recommendations regarding ad9 ditional action (including changes in existing law)

10 which may be necessary to improve compliance with

11 section 4212(d) of title 38, United States Code.

12 SEC. 8119. Funds appropriated in title II of this

13 Act for supervision and administration costs for facilities

14 maintenance and repair, minor construction, or design

15 projects may be obligated at the time the reimbursable

16 order is accepted by the performing activity: Provided,

17 That for the purpose of this section, supervision and ad18 ministration costs includes all in-house Government cost.

19 SEC. 8120. (a) LIMITATION ON ADVANCE BILL20 ING.—During fiscal year 1997, advance billing for serv21 ices provided or work performed by the Defense Business

22 Operations Fund activities of the Department of the

23 Navy in excess of $1,000,000,000 is prohibited.

24 (b) REVISED RATES; ADDITIONAL SUR25 CHARGES.—In conjunction with the Under Secretary of
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1 Defense (Comptroller), the Secretary of the Navy shall

2 develop a plan to revise fiscal year 1997 customer rates

3 or establish additional surcharges so as to increase reve4 nues to the Defense Business Operations Fund by at

5 least an additional $500,000,000 in executing orders ac6 cepted during fiscal year 1997.

7 (c) TRANSFER AUTHORITY.—To the extent nec8 essary to comply with any rate increase or new surcharge

9 on rates in fiscal year 1997 established under subsection

10 (b), the Secretary of the Navy shall transfer at least

11 $500,000,000, from funds made available under sub12 section (d), into customer accounts of the Navy used to

13 reimburse the Defense Business Operations Fund so as

14 to provide customers with sufficient resources to pay the

15 increased customer rates and additional surcharges. The

16 transfer authority provided by this subsection is in addi17 tion to other transfer authority provided in this Act. The

18 funds transferred shall be merged with and available for

19 the same purposes, and for the same time period, as the

20 appropriation to which transferred.

21 (d) SOURCE OF FUNDS.—To provide funds for

22 transfer under subsection (c), the amounts appropriated

23 elsewhere in this Act for the following appropriation ac24 counts are reduced by 2.0 percent: Aircraft Procurement,

25 Navy; Weapons Procurement, Navy; Procurement of Am-
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1 munition, Navy and Marine Corps; Shipbuilding and

2 Conversion, Navy; Other Procurement, Navy; and Re3 search, Development, Test and Evaluation, Navy. These

4 reductions shall be applied on a pro-rata basis to each

5 line item, program element, program, project, subproject,

6 and activity within each appropriation account.

7 SEC. 8121. The Secretary of Defense may waive

8 reimbursement of the cost of conferences, seminars,

9 courses of instruction, or similar educational activities of

10 the Asia-Pacific Center for Security Studies for military

11 officers and civilian officials of foreign nations if the Sec12 retary determines that attendance by such personnel,

13 without reimbursement, is in the national security inter14 est of the United States: Provided, That costs for which

15 reimbursement is waived pursuant to this subsection shall

16 be paid from appropriations available for the Asia-Pacific

17 Center.

18 SEC. 8122. (a) Of the amounts appropriated or

19 otherwise made available by this Act for the Department

20 of the Air Force, $2,000,000 shall be available only for

21 a facility at Lackland Air Force Base, Texas to provide

22 comprehensive care and rehabilitation services to children

23 with disabilities who are dependents of members of the

24 Armed Forces.
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1 (b) Subject to subsection (c), the Secretary of the

2 Air Force shall grant the funds made available under

3 subsection (a) to the Children’s Association for Maximum

4 Potential (CAMP) for use by the association to defray

5 the costs of designing and constructing the facility re6 ferred to in subsection (a).

7 (c)(1) The Secretary may not make a grant of

8 funds under subsection (b) until the Secretary and the

9 association enter into an agreement under which the Sec10 retary leases to the association the facility to be con11 structed using the funds.

12 (2) The term of the lease under subsection (c)(1)

13 may not be less than 25 years.

14 (3) The Secretary may require such additional

15 terms and conditions in connection with the lease as the

16 Secretary considers appropriate to protect the interests of

17 the United States.

18 SEC. 8123. None of the funds appropriated by

19 this Act may be obligated or expended—

20 (1) to reduce the number of units of special op21 erations forces of the Army National Guard during

22 fiscal year 1997;

23 (2) to reduce the authorized strength of any

24 such unit below the strength authorized for the unit

25 as of September 30, 1996; or
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1 (3) to apply any administratively imposed limi2 tation on the assigned strength of any such unit at

3 less than the strength authorized for that unit as of

4 September 30, 1996.

5 SEC. 8124. (a) The Secretary of the Army shall

6 ensure that solicitations for contracts for unrestricted

7 procurement to be entered into using funds appropriated

8 for the Army by this Act include, where appropriate, spe9 cific goals for subcontracts with small businesses, small

10 disadvantaged businesses, and women owned small busi11 nesses.

12 (b) The Secretary shall ensure that any sub13 contract entered into pursuant to a solicitation referred

14 to in subsection (a) that meets a specific goal referred to

15 in that subsection is credited toward the overall goal of

16 the Army for subcontracts with the businesses referred to

17 in that subsection.

18 SEC. 8125. (a) The Secretary of the Air Force

19 and the Director of the Office of Personnel Management

20 shall submit a joint report describing in detail the bene21 fits, allowances, services, and any other forms of assist22 ance which may or shall be provided to any civilian em23 ployee of the Federal Government or to any private citi24 zen, or to the family of such an individual, who is injured

25 or killed while traveling on an aircraft owned, leased,
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1 chartered, or operated by the Government of the United

2 States.

3 (b) The report required by subsection (a) above

4 shall be submitted to the congressional defense commit5 tees and to the Committee on Governmental Affairs of

6 the Senate and the Committee on Government Reform

7 and Oversight of the House of Representatives not later

8 than December 15, 1996.

9 SEC. 8126. (a) Not later than March 1, 1997, the

10 Deputy Secretary of Defense shall submit to the congres11 sional defense committees a report on Department of De12 fense procurements of propellant raw materials.

13 (b) The report shall include the following:

14 (1) The projected future requirements of the

15 Department of Defense for propellant raw materials,

16 such as nitrocellulose.

17 (2) The capacity, ability, and production cost

18 rates of the national technology and industrial base,

19 including Government-owned, contractor-operated

20 facilities, contractor-owned and operated facilities,

21 and Government-owned, Government-operated facili22 ties, for meeting such requirements.

23 (3) The national security benefits of preserving

24 in the national technology and industrial base con-
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1 tractor-owned and operated facilities for producing

2 propellant raw materials, including nitrocellulose.

3 (4) The extent to which the cost rates for pro4 duction of nitrocellulose in Government-owned, con5 tractor-operated facilities is lower because of the re6 lationship of those facilities with the Department of

7 Defense than such rates would be without that rela8 tionship.

9 (5) The advantages and disadvantages of per10 mitting commercial facilities to compete for award of

11 Department of Defense contracts for procurement of

12 propellant raw materials, such as nitrocellulose.

13 SEC. 8127. Not later than six months after the

14 date of the enactment of this Act, the Secretary of the

15 Air Force shall submit to Congress a cost-benefit analysis

16 of consolidating the ground station infrastructure of the

17 Air Force that supports polar orbiting satellites.

18 (INCLUDING TRANSFER OF FUNDS)

19 SEC. 8128. In addition to the amounts appro20 priated elsewhere in this Act, $100,000,000 is appro21 priated for defense against weapons of mass destruction:

22 Provided, That the funds appropriated under this section

23 may be transferred to and merged with funds appro24 priated elsewhere in this Act and that this transfer au25 thority shall be in addition to any other transfer author26 ity provided under this Act: Provided further, That of the
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1 funds made available by this section, $10,000,000 shall

2 be transferred to and merged with funds appropriated in

3 this Act for ‘‘Procurement, Marine Corps’’ and shall be

4 available only for the procurement of equipment that en5 hances the capability of the Chemical-Biological Incident

6 Response Force to respond to incidents of terrorism.

7 SEC. 8129. The Secretary of Defense, in consulta8 tion with the Secretary of Health and Human Services

9 and the Director of the Office of Personnel Management,

10 shall submit a report to the congressional defense com11 mittees by February 1, 1997 containing recommendations

12 regarding the establishment of a demonstration program

13 under which covered beneficiaries under chapter 55 of

14 title 10, United States Code, who are entitled to benefits

15 under part A of the medicare program and who do not

16 have access to TRICARE, would be permitted to enroll

17 in a health benefits program offered through the Federal

18 Employees Health Benefits Program under chapter 89 of

19 title 5, United States Code.

20 SEC. 8130. (a) Section 203 of H.R. 3230, the Na21 tional Defense Authorization Act for Fiscal Year 1997,

22 as passed by the Senate on September 10, 1996, is here23 by amended by repealing section 203(a), section 203(c),

24 and section 203(e).
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1 (b) The amendments made by subsection (a) shall

2 take effect as of the date of the enactment of the Na3 tional Defense Authorization Act for Fiscal Year 1997 as

4 if section 203 of such Act had been enacted as so amend5 ed.

6 SEC. 8131. (a) Section 722(c) of the National De7 fense Authorization Act for Fiscal Year 1997 is amend8 ed—

9 (1) by striking out paragraph (2);

10 (2) by striking out ‘‘(1)’’; and

11 (3) by redesignating subparagraphs (A) and

12 (B) as paragraphs (1) and (2), respectively.

13 (b) The amendments made by subsection (a) shall

14 take effect as of the date of the enactment of the Na15 tional Defense Authorization Act for Fiscal Year 1997 as

16 if section 722 of such Act had been enacted as so amend17 ed.

18 SEC. 8132. The Secretary of Defense shall com19 plete a cost/benefit analysis on the establishment of a Na20 tional Missile Defense Joint Program Office: Provided,

21 That the Secretary of Defense shall submit a report on

22 this analysis to the congressional defense committees no

23 later than March 31, 1997: Provided further, That the

24 Department of Defense shall take no action to establish

25 any National Missile Defense Joint Program Office, to
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1 reassign service National Missile Defense roles and mis2 sions under any National Missile Defense Joint Program

3 Office strategy or to relocate people under such a strat4 egy prior to March 31, 1997.

5 SEC. 8133. (a) Notwithstanding any other provi6 sion of law, the Chief of the National Guard Bureau may

7 permit the use of equipment of the National Guard Dis8 tance Learning Project by any person or entity on a

9 space-available, reimbursable basis. The Chief of the Na10 tional Guard Bureau shall establish the amount of reim11 bursement for such use on a case-by-case basis.

12 (b) Amounts collected under subsection (a) shall

13 be credited to funds available for the National Guard

14 Distance Learning Project and be available to defray the

15 costs associated with the use of equipment of the project

16 under that subsection. Such funds shall be available for

17 such purposes without fiscal year limitation.

18 SEC. 8134. Using funds available by this Act or

19 any other Act, the Secretary of the Air Force, pursuant

20 to a determination under section 2690 of title 10, United

21 States Code, may implement cost-effective agreements for

22 required heating facility modernization in the

23 Kaiserslautern Military Community in the Federal Re24 public of Germany: Provided, That in the City of

25 Kaiserslautern such agreements will include the use of
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1 United States anthracite as the base load energy for mu2 nicipal district heat to the United States Defense instal3 lations: Provided further, That at Landstuhl Army Re4 gional Medical Center and Ramstein Air Base, furnished

5 heat may be obtained from private, regional or municipal

6 services, if provisions are included for the consideration

7 of United States coal as an energy source.

8 SEC. 8135. (a) Section 2867 of the National De9 fense Authorization Act for Fiscal Year 1997 is amend10 ed—

11 (1) by striking out ‘‘Michael O’Callaghan Mili12 tary Hospital’’ both places it appears in the text of

13 such section and inserting in lieu thereof ‘‘Mike

14 O’Callaghan Federal Hospital’’; and

15 (2) in the section heading, by striking out ‘‘MI16 CHAEL O’CALLAGHAN MILITARY HOS17 PITAL’’ and inserting in lieu thereof ‘‘MIKE

18 O’CALLAGHAN FEDERAL HOSPITAL’’.

19 (b) The amendments made by subsection (a) shall

20 take effect as of the date of the enactment of the Na21 tional Defense Authorization Act for Fiscal Year 1997

22 and shall apply as if such amendments had been included

23 insection 2867 of such Act when enacted.

24 SEC. 8136. (a) In addition to any other reductions

25 required by this Act, the following funds are hereby re-
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1 duced from the following accounts in title IV of this Act

2 in the specified amounts:

3 ‘‘Research, Development, Test and Evaluation,

4 Army’’, $101,257,000;

5 ‘‘Research, Development, Test and Evaluation,

6 Navy’’, $164,179,000;

7 ‘‘Research, Development, Test and Evaluation,

8 Air Force’’, $289,992,000;

9 ‘‘Research, Development, Test and Evaluation,

10 Defense-Wide’’, $119,483,000; and

11 ‘‘Developmental Test and Evaluation, Defense’’,

12 $5,641,000.

13 (b) The reductions taken pursuant to subsection

14 (a) shall be applied on a pro-rata basis by subproject

15 within each R-1 program element as modified by this

16 Act, except that no reduction may be taken against the

17 funds made available to the Department of Defense for

18 Ballistic Missile Defense.

19 (c) Unless expressly exempted by subsection (b),

20 each program element, program, project, subproject, and

21 activity funded by title IV of this Act shall be allocated

22 a pro-rata share of any of the reductions made by this

23 section.

24 (d) Not later than 60 days after enactment of this

25 Act, the Secretary of Defense shall submit to the con-
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1 gressional defense committees a report listing the specific

2 funding reductions allocated to each category listed in

3 subsection (c) above pursuant to this section.

4 SEC. 8137. In addition to amounts appropriated

5 or otherwise made available in this Act, $230,680,000 is

6 hereby appropriated to the Department of Defense for

7 anti-terrorism, counter-terrorism, and security enhance8 ment programs and activities, as follows:

9 ‘‘Operation and Maintenance, Army’’,

10 $15,249,000;

11 ‘‘Operation and Maintenance, Navy’’,

12 $23,956,000;

13 ‘‘Operation and Maintenance, Marine Corps’’,

14 $600,000;

15 ‘‘Operation and Maintenance, Air Force’’,

16 $10,750,000;

17 ‘‘Operation and Maintenance, Defense-Wide’’,

18 $29,534,000;

19 ‘‘Operation and Maintenance, Navy Reserve’’,

20 $517,000;

21 ‘‘Other Procurement, Army’’, $5,252,000;

22 ‘‘Other Procurement, Air Force’’,

23 $101,472,000;

24 ‘‘Procurement, Defense-Wide’’, $35,350,000;
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1 ‘‘Research, Development, Test and Evaluation,

2 Defense-Wide’’, $8,000,000:

3 Provided, That such amounts in their entirety are des4 ignated by Congress as an emergency requirement pursu5 ant to section 251(b)(2)(D)(i) of the Balanced Budget and

6 Emergency Deficit Control Act of 1985, as amended: Pro7 vided further, That funds appropriated in this section, or

8 made available by transfer of such funds, for programs

9 and activities of the Central Intelligence Agency shall re10 main available until September 30, 1997: Provided further,

11 That funds appropriated in this section, or made available

12 by transfer of such funds, to any intelligence agency or

13 activity of the United States Government shall be deemed

14 to be specifically authorized by the Congress for purposes

15 of section 504 of the National Security Act of 1947 (50

16 U.S.C. 414).

17 SEC. 8138. Of the amounts provided in Titles I

18 though VIII of this Act, $230,680,000 are permanently

19 canceled: Provided, That the Secretary of Defense shall

20 allocate the amount of budgetary resources canceled by

21 this section on a pro-rata basis among each budget activ22 ity, activity group and subactivity group and each pro23 gram, project or activity within each appropriations ac24 count.
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1 Titles I through VIII of this Act may be cited as

2 the ‘‘Department of Defense Appropriations Act, 1997’’.

3 TITLE IX—FISCAL YEAR 1996 SUPPLEMENTAL

4 APPROPRIATIONS AND RESCISSIONS FOR

5 ANTI-TERRORISM, COUNTER-TERRORISM,

6 AND SECURITY ENHANCEMENT ACTIVITIES

7 The following sums are appropriated, out of any

8 money in the Treasury not otherwise appropriated, to

9 provide emergency supplemental appropriations for the

10 Department of Defense for the fiscal year ending Sep11 tember 30, 1996, namely:

12 DEPARTMENT OF DEFENSE—MILITARY

13 MILITARY PERSONNEL

14 MILITARY PERSONNEL, ARMY

15 For an additional amount for ‘‘Military Personnel,

16 Army’’, $4,800,000: Provided, That such amount is des17 ignated by Congress as an emergency requirement pursu18 ant to section 251(b)(2)(D)(i) of the Balanced Budget

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

20 MILITARY PERSONNEL, AIR FORCE

21 For an additional amount for ‘‘Military Personnel,

22 Air Force’’, $4,000,000: Provided, That such amount is

23 designated by Congress as an emergency requirement

24 pursuant to section 251(b)(2)(D)(i) of the Balanced
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1 Budget and Emergency Deficit Control Act of 1985, as

2 amended.

3 OPERATION AND MAINTENANCE

4 OPERATION AND MAINTENANCE, ARMY

5 For an additional amount for ‘‘Operation and

6 Maintenance, Army’’, $21,200,000, to remain available

7 until September 30, 1997: Provided, That such amount

8 is designated by Congress as an emergency requirement

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

10 Budget and Emergency Deficit Control Act of 1985, as

11 amended.

12 OPERATION AND MAINTENANCE, AIR FORCE

13 For an additional amount for ‘‘Operation and

14 Maintenance, Air Force’’, $67,400,000, to remain avail15 able until September 30, 1997: Provided, That such

16 amount is designated by Congress as an emergency re17 quirement pursuant to section 251(b)(2)(D)(i) of the

18 Balanced Budget and Emergency Deficit Control Act of

19 1985, as amended: Provided further, That these funds

20 may be used to liquidate obligations incurred by the Air

21 Force during fiscal year 1996 for costs incurred under

22 the authority of the Feed and Forage Act (41 U.S.C.

23 11).
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1 PROCUREMENT

2 OTHER PROCUREMENT, ARMY

3 For an additional amount for ‘‘Other Procure4 ment, Army’’, $11,600,000, to remain available until

5 September 30, 1998: Provided, That such amount is des6 ignated by Congress as an emergency requirement pursu7 ant to section 251(b)(2)(D)(i) of the Balanced Budget

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

9 OTHER PROCUREMENT, AIR FORCE

10 For an additional amount for ‘‘Other Procure11 ment, Air Force’’, $13,600,000, to remain available until

12 September 30, 1998: Provided, That such amount is des13 ignated by Congress as an emergency requirement pursu14 ant to section 251(b)(2)(D)(i) of the Balanced Budget

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

16 GENERAL PROVISIONS

17 (RESCISSIONS)

18 SEC. 9001. Of the funds provided in Department

19 of Defense Appropriations Acts, the following funds are

20 hereby rescinded, as of the date of enactment of this Act,

21 from the following accounts in the specified amounts:

22 ‘‘Procurement of Ammunition, Army, 1994/

23 1996’’, $1,000,000;

24 ‘‘Other Procurement, Army, 1994/1996’’,

25 $6,000,000;
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1 ‘‘Research, Development, Test and Evaluation,

2 Army, 1995/1996’’, $2,055,000;

3 ‘‘Aircraft Procurement, Navy, 1994/1996’’,

4 $10,157,000;

5 ‘‘Weapons Procurement, Navy, 1994/1996’’,

6 $10,688,000;

7 ‘‘Other Procurement, Navy, 1994/1996’’,

8 $4,000,000;

9 ‘‘Research, Development, Test and Evaluation,

10 Navy, 1995/1996’’, $6,909,000;

11 ‘‘Aircraft Procurement, Air Force, 1994/1996’’,

12 $18,771,000;

13 ‘‘Missile Procurement, Air Force, 1994/1996’’,

14 $10,156,000;

15 ‘‘Other Procurement, Air Force, 1994/1996’’,

16 $14,395,000;

17 ‘‘Research, Development, Test and Evaluation,

18 Air Force, 1995/1996’’, $4,918,000;

19 ‘‘Procurement, Defense-Wide, 1994/1996’’,

20 $9,954,000;

21 ‘‘Research, Development, Test and Evaluation,

22 Defense-Wide, 1995/1996’’, $23,597,000.

23 SEC. 9002. Funds appropriated by this title, or

24 made available by transfer of such funds, for programs

25 and activities of the Central Intelligence Agency shall re-
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1 main available until September 30, 1997: Provided, That

2 funds appropriated by this title, or made available by

3 transfer of such funds, to any intelligence agency or intel4 ligence activity of the United States Government shall be

5 deemed to be specifically authorized by the Congress for

6 purposes of section 504 of the National Security Act of

7 1947 (50 U.S.C. 414).

8 (c) For programs, projects or activities in the

9 Foreign Operations, Export Financing, and Related Pro10 grams Appropriations Act, 1997, provided as follows, to

11 be effective as if it had been enacted into law as the reg12 ular appropriations Act:

13 AN ACT

14 Making appropriations for the foreign operations,

15 export financing, and related programs for the fiscal year

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

17 TITLE I—EXPORT AND INVESTMENT

18 ASSISTANCE

19 EXPORT-IMPORT BANK OF THE UNITED STATES

20 The Export-Import Bank of the United States is

21 authorized to make such expenditures within the limits of

22 funds and borrowing authority available to such corpora23 tion, and in accordance with law, and to make such con24 tracts and commitments without regard to fiscal year

25 limitations, as provided by section 104 of the Government
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1 Corporation Control Act, as may be necessary in carrying

2 out the program for the current fiscal year for such cor3 poration: Provided,That none of the funds available dur4 ing the current fiscal year may be used to make expendi5 tures, contracts, or commitments for the export of nu6 clear equipment, fuel, or technology to any country other

7 than a nuclear-weapon State as defined in Article IX of

8 the Treaty on the Non-Proliferation of Nuclear Weapons

9 eligible to receive economic or military assistance under

10 this Act that has detonated a nuclear explosive after the

11 date of enactment of this Act.

12 SUBSIDY APPROPRIATION

13 For the cost of direct loans, loan guarantees, in14 surance, and tied-aid grants as authorized by section 10

15 of the Export-Import Bank Act of 1945, as amended,

16 $726,000,000 to remain available until September 30,

17 1998: Provided, That such costs, including the cost of

18 modifying such loans, shall be as defined in section 502

19 of the Congressional Budget Act of 1974: Provided fur20 ther, That such sums shall remain available until 2012

21 for the disbursement of direct loans, loan guarantees, in22 surance and tied-aid grants obligated in fiscal years 1997

23 and 1998: Provided further, That up to $50,000,000 of

24 funds appropriated by this paragraph shall remain avail25 able until expended and may be used for tied-aid grant

26 purposes: Provided further, That none of the funds appro-
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1 priated by this paragraph may be used for tied-aid cred2 its or grants except through the regular notification pro3 cedures of the Committees on Appropriations: Provided

4 further, That funds appropriated by this paragraph are

5 made available notwithstanding section 2(b)(2) of the Ex6 port-Import Bank Act of 1945, in connection with the

7 purchase or lease of any product by any East European

8 country, any Baltic State, or any agency or national

9 thereof.

10 ADMINISTRATIVE EXPENSES

11 For administrative expenses to carry out the di12 rect and guaranteed loan and insurance programs (to be

13 computed on an accrual basis), including hire of pas14 senger motor vehicles and services as authorized by 5

15 U.S.C. 3109, and not to exceed $20,000 for official re16 ception and representation expenses for members of the

17 Board of Directors, $46,614,000: Provided, That nec18 essary expenses (including special services performed on

19 a contract or fee basis, but not including other personal

20 services) in connection with the collection of moneys owed

21 the Export-Import Bank, repossession or sale of pledged

22 collateral or other assets acquired by the Export-Import

23 Bank in satisfaction of moneys owed the Export-Import

24 Bank, or the investigation or appraisal of any property,

25 or the evaluation of the legal or technical aspects of any

26 transaction for which an application for a loan, guarantee
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1 or insurance commitment has been made, shall be consid2 ered nonadministrative expenses for the purposes of this

3 heading: Provided further, That, effective July 21, 1997,

4 notwithstanding any other provision of law, none of the

5 funds made available by this or any other Act may be

6 made available to compensate the incumbent Chairman

7 and President of the Export-Import Bank: Provided fur8 ther, That, notwithstanding subsection (b) of section 117

9 of the Export Enhancement Act of 1992, subsection (a)

10 thereof shall remain in effect until October 1, 1997.

11 OVERSEAS PRIVATE INVESTMENT CORPORATION

12 NONCREDIT ACCOUNT

13 The Overseas Private Investment Corporation is

14 authorized to make, without regard to fiscal year limita15 tions, as provided by 31 U.S.C. 9104, such expenditures

16 and commitments within the limits of funds available to

17 it and in accordance with law as may be necessary: Pro18 vided, That the amount available for administrative ex19 penses to carry out the credit and insurance programs

20 (including an amount for official reception and represen21 tation expenses which shall not exceed $35,000) shall not

22 exceed $32,000,000: Provided further, That project-spe23 cific transaction costs, including direct and indirect costs

24 incurred in claims settlements, and other direct costs as25 sociated with services provided to specific investors or po26 tential investors pursuant to section 234 of the Foreign
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1 Assistance Act of 1961, shall not be considered adminis2 trative expenses for the purposes of this heading.

3 PROGRAM ACCOUNT

4 For the cost of direct and guaranteed loans,

5 $72,000,000, as authorized by section 234 of the Foreign

6 Assistance Act of 1961: Provided, That such costs, in7 cluding the cost of modifying such loans, shall be as de8 fined in section 502 of the Congressional Budget Act of

9 1974: Provided further, That such sums shall be available

10 for direct loan obligations and loan guaranty commit11 ments incurred or made during fiscal years 1997 and

12 1998: Provided further, That such sums shall remain

13 available through fiscal year 2005 for the disbursement

14 of direct and guaranteed loans obligated in fiscal year

15 1997, and through fiscal year 2006 for the disbursement

16 of direct and guaranteed loans obligated in fiscal year

17 1998: Provided further, That section 235(a)(3) of the

18 Foreign Assistance Act of 1961 (22 U.S.C. 2195(a)(3))

19 is amended by striking out ‘‘1996’’ and inserting in lieu

20 thereof ‘‘1997’’ and, notwithstanding section 235(a)(1) of

21 the Foreign Assistance Act of 1961 (22 U.S.C.

22 2195(a)(1)), the maximum contingent liability of issuing

23 authority for insurance and financing shall not in the ag24 gregate exceed the amounts provided in section 235(a)(1)

25 and (2) of that Act. In addition, such sums as may be

26 necessary for administrative expenses to carry out the
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1 credit program may be derived from amounts available

2 for administrative expenses to carry out the credit and

3 insurance programs in the Overseas Private Investment

4 Corporation Noncredit Account and merged with said ac5 count.

6 FUNDS APPROPRIATED TO THE PRESIDENT

7 TRADE AND DEVELOPMENT AGENCY

8 For necessary expenses to carry out the provisions

9 of section 661 of the Foreign Assistance Act of 1961,

10 $40,000,000: Provided, That the Trade and Development

11 Agency may receive reimbursements from corporations

12 and other entities for the costs of grants for feasibility

13 studies and other project planning services, to be depos14 ited as an offsetting collection to this account and to be

15 available for obligation until September 30, 1998, for

16 necessary expenses under this paragraph: Provided fur17 ther, That such reimbursements shall not cover, or be al18 located against, direct or indirect administrative costs of

19 the agency.

20 TITLE II—BILATERAL ECONOMIC ASSISTANCE

21 FUNDS APPROPRIATED TO THE PRESIDENT

22 For expenses necessary to enable the President to

23 carry out the provisions of the Foreign Assistance Act of

24 1961, and for other purposes, to remain available until
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1 September 30, 1997, unless otherwise specified herein, as

2 follows:

3 AGENCY FOR INTERNATIONAL DEVELOPMENT

4 CHILD SURVIVAL AND DISEASE PROGRAMS FUND

5 For necessary expenses to carry out the provisions

6 of part I and chapter 4 of part II of the Foreign Assist7 ance Act of 1961, for child survival, basic education, as8 sistance to combat tropical and other diseases, and relat9 ed activities, in addition to funds otherwise available for

10 such purposes, $600,000,000, to remain available until

11 expended: Provided, That this amount shall be made

12 available for such activities as (1) immunization pro13 grams, (2) oral rehydration programs, (3) health and nu14 trition programs, and related education programs, which

15 address the needs of mothers and children, (4) water and

16 sanitation programs, (5) assistance for displaced and or17 phaned children, (6) programs for the prevention, treat18 ment, and control of, and research on, tuberculosis, HIV/

19 AIDS, polio, malaria and other diseases, (7) not to ex20 ceed $98,000,000 for basic education programs for chil21 dren, and (8) a contribution on a grant basis to the Unit22 ed Nations Children’s Fund (UNICEF) pursuant to sec23 tion 301 of the Foreign Assistance Act of 1961.
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1 DEVELOPMENT ASSISTANCE

2 (INCLUDING TRANSFER OF FUNDS)

3 For necessary expenses to carry out the provisions

4 of sections 103 through 106 and chapter 10 of part I of

5 the Foreign Assistance Act of 1961, title V of the Inter6 national Security and Development Cooperation Act of

7 1980 (Public Law 96–533) and the provisions of section

8 401 of the Foreign Assistance Act of 1969,

9 $1,181,500,000, to remain available until September 30,

10 1998: Provided, That of the amount appropriated under

11 this heading, up to $20,000,000 may be made available

12 for the Inter-American Foundation and shall be appor13 tioned directly to that Agency: Provided further, That of

14 the amount appropriated under this heading, up to

15 $11,500,000 may be made available for the African De16 velopment Foundation and shall be apportioned directly

17 to that agency: Provided further, That of the funds ap18 propriated under title II of this Act that are administered

19 by the Agency for International Development and made

20 available for family planning assistance, not less than 65

21 percent shall be made available directly to the agency’s

22 central Office of Population and shall be programmed by

23 that office for family planning activities: Provided further,

24 That of the funds appropriated under this heading and

25 under the heading ‘‘Child Survival and Disease Programs

26 Fund’’ that are made available by the Agency for Inter-
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1 national Development for development assistance activi2 ties, the amount made available to carry out chapter 10

3 of part I of the Foreign Assistance Act of 1961 (relating

4 to the Development Fund for Africa) and the amount

5 made available for activities in the Latin America and

6 Caribbean region should be in at least the same propor7 tion as the amount identified in the fiscal year 1997

8 draft congressional presentation document for develop9 ment assistance for each such region is to the total

10 amount requested for development assistance for such fis11 cal year: Provided further, That funds appropriated under

12 this heading may be made available, notwithstanding any

13 other provision of law except section 515 of this Act, to

14 assist Vietnam to reform its trade regime (such as

15 through reform of its commercial and investment legal

16 codes): Provided further, That none of the funds made

17 available in this Act nor any unobligated balances from

18 prior appropriations may be made available to any orga19 nization or program which, as determined by the Presi20 dent of the United States, supports or participates in the

21 management of a program of coercive abortion or invol22 untary sterilization: Provided further, That none of the

23 funds made available under this heading may be used to

24 pay for the performance of abortion as a method of fam25 ily planning or to motivate or coerce any person to prac-
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1 tice abortions; and that in order to reduce reliance on

2 abortion in developing nations, funds shall be available

3 only to voluntary family planning projects which offer, ei4 ther directly or through referral to, or information about

5 access to, a broad range of family planning methods and

6 services: Provided further, That in awarding grants for

7 natural family planning under section 104 of the Foreign

8 Assistance Act of 1961 no applicant shall be discrimi9 nated against because of such applicant’s religious or

10 conscientious commitment to offer only natural family

11 planning; and, additionally, all such applicants shall com12 ply with the requirements of the previous proviso: Pro13 vided further, That for purposes of this or any other Act

14 authorizing or appropriating funds for foreign operations,

15 export financing, and related programs, the term ‘‘moti16 vate’’, as it relates to family planning assistance, shall

17 not be construed to prohibit the provision, consistent with

18 local law, of information or counseling about all preg19 nancy options: Provided further, That nothing in this

20 paragraph shall be construed to alter any existing statu21 tory prohibitions against abortion under section 104 of

22 the Foreign Assistance Act of 1961: Provided further,

23 That, notwithstanding section 109 of the Foreign Assist24 ance Act of 1961, of the funds appropriated under this

25 heading in this Act, and of the unobligated balances of
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1 funds previously appropriated under this heading, up to

2 $17,500,000 may be transferred to ‘‘International Orga3 nizations and Programs’’ for a contribution to the Inter4 national Fund for Agricultural Development (IFAD), and

5 that any such transfer of funds shall be subject to the

6 regular notification procedures of the Committees on Ap7 propriations: Provided further, That of the funds appro8 priated under this heading that are made available for

9 assistance programs for displaced and orphaned children

10 and victims of war, not to exceed $25,000, in addition to

11 funds otherwise available for such purposes, may be used

12 to monitor and provide oversight of such programs: Pro13 vided further, That not less than $500,000 of the funds

14 made available under this heading shall be available only

15 for support of the United States Telecommunications

16 Training Institute.

17 CYPRUS

18 Of the funds appropriated under the headings

19 ‘‘Development Assistance’’ and ‘‘Economic Support

20 Fund’’, not less than $15,000,000 shall be made avail21 able for Cyprus to be used only for scholarships, adminis22 trative support of the scholarship program, bicommunal

23 projects, and measures aimed at reunification of the is24 land and designed to reduce tensions and promote peace

25 and cooperation between the two communities on Cyprus.
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1 BURMA

2 Of the funds appropriated by this Act to carry out

3 the provisions of chapter 4 of part II of the Foreign As4 sistance Act of 1961, not less than $2,500,000 shall be

5 made available to support activities in Burma, along the

6 Burma-Thailand border, and for activities of Burmese

7 student groups and other organizations located outside

8 Burma, for the purposes of fostering democracy in

9 Burma, supporting the provision of medical supplies and

10 other humanitarian assistance to Burmese located in

11 Burma or displaced Burmese along the borders, and for

12 other purposes: Provided, That of this amount, not less

13 than $200,000 shall be made available to support news14 papers, publications, and other media activities promot15 ing democracy inside Burma: Provided further, That

16 funds made available under this heading may be made

17 available notwithstanding any other provision of law: Pro18 vided further, That provision of such funds shall be made

19 available subject to the regular notification procedures of

20 the Committees on Appropriations.

21 PRIVATE AND VOLUNTARY ORGANIZATIONS

22 None of the funds appropriated or otherwise made

23 available by this Act for development assistance may be

24 made available to any United States private and vol25 untary organization, except any cooperative development

26 organization, which obtains less than 20 per centum of
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1 its total annual funding for international activities from

2 sources other than the United States Government: Pro3 vided, That the requirements of the provisions of section

4 123(g) of the Foreign Assistance Act of 1961 and the

5 provisions on private and voluntary organizations in title

6 II of the ‘‘Foreign Assistance and Related Programs Ap7 propriations Act, 1985’’ (as enacted in Public Law 98–

8 473) shall be superseded by the provisions of this section,

9 except that the authority contained in the last sentence

10 of section 123(g) may be exercised by the Administrator

11 with regard to the requirements of this paragraph.

12 Funds appropriated or otherwise made available

13 under title II of this Act should be made available to pri14 vate and voluntary organizations at a level which is

15 equivalent to the level provided in fiscal year 1995. Such

16 private and voluntary organizations shall include those

17 which operate on a not-for-profit basis, receive contribu18 tions from private sources, receive voluntary support

19 from the public and are deemed to be among the most

20 cost-effective and successful providers of development as21 sistance.

22 INTERNATIONAL DISASTER ASSISTANCE

23 For necessary expenses for international disaster

24 relief, rehabilitation, and reconstruction assistance pursu25 ant to section 491 of the Foreign Assistance Act of 1961,
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1 as amended, $190,000,000, to remain available until ex2 pended.

3 DEBT RESTRUCTURING

4 For the cost, as defined in section 502 of the Con5 gressional Budget Act of 1974, of modifying direct loans

6 and loan guarantees, as the President may determine, for

7 which funds have been appropriated or otherwise made

8 available for programs within the International Affairs

9 Budget Function 150, including the cost of selling, re10 ducing, or canceling amounts, through debt buybacks and

11 swaps, owed to the United States as a result of

12 concessional loans made to eligible Latin American and

13 Caribbean countries, pursuant to part IV of the Foreign

14 Assistance Act of 1961, and of modifying concessional

15 loans authorized under title I of the Agricultural Trade

16 Development and Assistance Act of 1954, as amended,

17 as authorized under subsection (a) under the heading

18 ‘‘Debt Reduction for Jordan’’ in title VI of Public Law

19 103–306; $27,000,000, to remain available until ex20 pended: Provided, That none of the funds appropriated

21 under this heading shall be obligated except as provided

22 through the regular notification procedures of the Com23 mittees on Appropriations.
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1 MICRO AND SMALL ENTERPRISE DEVELOPMENT PROGRAM

2 ACCOUNT

3 For the cost of direct loans and loan guarantees,

4 $1,500,000, as authorized by section 108 of the Foreign

5 Assistance Act of 1961, as amended: Provided, That such

6 costs shall be as defined in section 502 of the Congres7 sional Budget Act of 1974: Provided further, That guar8 antees of loans made under this heading in support of

9 microenterprise activities may guarantee up to 70 percent

10 of the principal amount of any such loans notwithstand11 ing section 108 of the Foreign Assistance Act of 1961.

12 In addition, for administrative expenses to carry out pro13 grams under this heading, $500,000, all of which may be

14 transferred to and merged with the appropriation for Op15 erating Expenses of the Agency for International Devel16 opment: Provided further, That funds made available

17 under this heading shall remain available until September

18 30, 1998.

19 HOUSING GUARANTY PROGRAM ACCOUNT

20 For the cost, as defined in section 502 of the Con21 gressional Budget Act of 1974, of guaranteed loans au22 thorized by sections 221 and 222 of the Foreign Assist23 ance Act of 1961, $3,500,000, to remain available until

24 September 30, 1998: Provided, That these funds are

25 available to subsidize loan principal, 100 percent of which

26 shall be guaranteed, pursuant to the authority of such
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1 sections. In addition, for administrative expenses to carry

2 out guaranteed loan programs, $6,000,000, all of which

3 may be transferred to and merged with the appropriation

4 for Operating Expenses of the Agency for International

5 Development: Provided further, That commitments to

6 guarantee loans under this heading may be entered into

7 notwithstanding the second and third sentences of section

8 222(a) and, with regard to programs for Central and

9 Eastern Europe and programs for the benefit of South

10 Africans disadvantaged by apartheid, section 223(j) of

11 the Foreign Assistance Act of 1961.

12 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

13 DISABILITY FUND

14 For payment to the ‘‘Foreign Service Retirement

15 and Disability Fund’’, as authorized by the Foreign Serv16 ice Act of 1980, $43,826,000.

17 OPERATING EXPENSES OF THE AGENCY FOR

18 INTERNATIONAL DEVELOPMENT

19 For necessary expenses to carry out the provisions

20 of section 667, $470,750,000: Provided, That none of the

21 funds appropriated by this Act for programs adminis22 tered by the Agency for International Development may

23 be used to finance printing costs of any report or study

24 (except feasibility, design, or evaluation reports or stud25 ies) in excess of $25,000 without the approval of the Ad-
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1 ministrator of the Agency or the Administrator’s des2 ignee.

3 OPERATING EXPENSES OF THE AGENCY FOR INTER4 NATIONAL DEVELOPMENT OFFICE OF INSPECTOR

5 GENERAL

6 For necessary expenses to carry out the provisions

7 of section 667, $30,000,000, to remain available until

8 September 30, 1998, which sum shall be available for the

9 Office of the Inspector General of the Agency for Inter10 national Development.

11 OTHER BILATERAL ECONOMIC ASSISTANCE

12 ECONOMIC SUPPORT FUND

13 For necessary expenses to carry out the provisions

14 of chapter 4 of part II, $2,343,000,000, to remain avail15 able until September 30, 1998: Provided, That of the

16 funds appropriated under this heading, not less than

17 $1,200,000,000 shall be available only for Israel, which

18 sum shall be available on a grant basis as a cash transfer

19 and shall be disbursed within thirty days of enactment of

20 this Act or by October 31, 1996, whichever is later: Pro21 vided further, That not less than $815,000,000 shall be

22 available only for Egypt, which sum shall be provided on

23 a grant basis, and of which sum cash transfer assistance

24 may be provided, with the understanding that Egypt will

25 undertake significant economic reforms which are addi26 tional to those which were undertaken in previous fiscal
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1 years, and of which not less than $200,000,000 shall be

2 provided as Commodity Import Program assistance: Pro3 vided further, That in exercising the authority to provide

4 cash transfer assistance for Israel and Egypt, the Presi5 dent shall ensure that the level of such assistance does

6 not cause an adverse impact on the total level of non7 military exports from the United States to each such

8 country: Provided further, That it is the sense of the Con9 gress that the recommended levels of assistance for

10 Egypt and Israel are based in great measure upon their

11 continued participation in the Camp David Accords and

12 upon the Egyptian-Israeli peace treaty: Provided further,

13 That none of the funds appropriated under this heading

14 shall be made available for Zaire.

15 INTERNATIONAL FUND FOR IRELAND

16 For necessary expenses to carry out the provisions

17 of chapter 4 of part II of the Foreign Assistance Act of

18 1961, $19,600,000, which shall be available for the Unit19 ed States contribution to the International Fund for Ire20 land and shall be made available in accordance with the

21 provisions of the Anglo-Irish Agreement Support Act of

22 1986 (Public Law 99–415): Provided, That such amount

23 shall be expended at the minimum rate necessary to

24 make timely payment for projects and activities: Provided

25 further, That funds made available under this heading

26 shall remain available until September 30, 1998.
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1 ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC

2 STATES

3 (a) For necessary expenses to carry out the provi4 sions of the Foreign Assistance Act of 1961 and the Sup5 port for East European Democracy (SEED) Act of 1989,

6 $475,000,000, to remain available until September 30,

7 1998, which shall be available, notwithstanding any other

8 provision of law, for economic assistance and for related

9 programs for Eastern Europe and the Baltic States.

10 (b) Funds appropriated under this heading or in

11 prior appropriations Acts that are or have been made

12 available for an Enterprise Fund may be deposited by

13 such Fund in interest-bearing accounts prior to the

14 Fund’s disbursement of such funds for program pur15 poses. The Fund may retain for such program purposes

16 any interest earned on such deposits without returning

17 such interest to the Treasury of the United States and

18 without further appropriation by the Congress. Funds

19 made available for Enterprise Funds shall be expended at

20 the minimum rate necessary to make timely payment for

21 projects and activities.

22 (c) Funds appropriated under this heading shall

23 be considered to be economic assistance under the For24 eign Assistance Act of 1961 for purposes of making
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1 available the administrative authorities contained in that

2 Act for the use of economic assistance.

3 (d) None of the funds appropriated under this

4 heading may be made available for new housing construc5 tion or repair or reconstruction of existing housing in

6 Bosnia and Herzegovina unless directly related to the ef7 forts of United States troops to promote peace in said

8 country.

9 (e) With regard to funds appropriated or other10 wise made available under this heading for the economic

11 revitalization program in Bosnia and Herzegovina, and

12 local currencies generated by such funds (including the

13 conversion of funds appropriated under this heading into

14 currency used by Bosnia and Herzegovina as local cur15 rency and local currency returned or repaid under such

16 program)—

17 (1) the Administrator of the Agency for Inter18 national Development shall provide written approval

19 for grants and loans prior to the obligation and ex20 penditure of funds for such purposes, and prior to

21 the use of funds that have been returned or repaid

22 to any lending facility or grantee; and

23 (2) the provisions of section 531 of this Act

24 shall apply.
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1 (f) With regard to funds appropriated under this

2 heading that are made available for economic revitaliza3 tion programs in Bosnia and Herzegovina, 50 percent of

4 such funds shall not be available for obligation unless the

5 President determines and certifies to the Committees on

6 Appropriations that the Federation of Bosnia and

7 Herzegovina has complied with article III of annex 1–A

8 of the General Framework Agreement for Peace in

9 Bosnia and Herzegovina concerning the withdrawal of

10 foreign forces, and that intelligence cooperation on train11 ing, investigations, and related activities between Iranian

12 officials and Bosnian officials has been terminated.

13 ASSISTANCE FOR THE NEW INDEPENDENT STATES OF

14 THE FORMER SOVIET UNION

15 (a) For necessary expenses to carry out the provi16 sions of chapter 11 of part I of the Foreign Assistance

17 Act of 1961 and the FREEDOM Support Act, for assist18 ance for the new independent states of the former Soviet

19 Union and for related programs, $625,000,000, to re20 main available until September 30, 1998: Provided, That

21 the provisions of such chapter shall apply to funds appro22 priated by this paragraph.

23 (b) None of the funds appropriated under this

24 heading shall be transferred to the Government of Rus25 sia—
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1 (1) unless that Government is making progress

2 in implementing comprehensive economic reforms

3 based on market principles, private ownership, nego4 tiating repayment of commercial debt, respect for

5 commercial contracts, and equitable treatment of

6 foreign private investment; and

7 (2) if that Government applies or transfers

8 United States assistance to any entity for the pur9 pose of expropriating or seizing ownership or control

10 of assets, investments, or ventures.

11 (c) Funds may be furnished without regard to

12 subsection (b) if the President determines that to do so

13 is in the national interest.

14 (d) None of the funds appropriated under this

15 heading shall be made available to any government of the

16 new independent states of the former Soviet Union if that

17 government directs any action in violation of the terri18 torial integrity or national sovereignty of any other new

19 independent state, such as those violations included in

20 the Helsinki Final Act: Provided, That such funds may

21 be made available without regard to the restriction in this

22 subsection if the President determines that to do so is in

23 the national security interest of the United States: Pro24 vided further, That the restriction of this subsection shall

25 not apply to the use of such funds for the provision of
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1 assistance for purposes of humanitarian, disaster and ref2 ugee relief.

3 (e) None of the funds appropriated under this

4 heading for the new independent states of the former So5 viet Union shall be made available for any state to en6 hance its military capability: Provided, That this restric7 tion does not apply to demilitarization or nonproliferation

8 programs.

9 (f) Funds appropriated under this heading shall

10 be subject to the regular notification procedures of the

11 Committees on Appropriations.

12 (g) Funds made available in this Act for assist13 ance to the new independent states of the former Soviet

14 Union shall be subject to the provisions of section 117

15 (relating to environment and natural resources) of the

16 Foreign Assistance Act of 1961.

17 (h)(1) Of the funds appropriated under title II of

18 this Act, including funds appropriated under this head19 ing, not less than $10,000,000 shall be available only for

20 assistance for Mongolia, of which amount not less than

21 $6,000,000 shall be available only for the Mongolian en22 ergy sector.

23 (2) Funds made available for assistance for Mon24 golia may be made available in accordance with the pur-
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1 poses and utilizing the authorities provided in chapter 11

2 of part I of the Foreign Assistance Act of 1961.

3 (i) Funds made available in this Act for assistance

4 to the New Independent States of the former Soviet

5 Union shall be provided to the maximum extent feasible

6 through the private sector, including small- and medium7 size businesses, entrepreneurs, and others with indige8 nous private enterprises in the region, intermediary devel9 opment organizations committed to private enterprise,

10 and private voluntary organizations: Provided, That

11 grantees and contractors should, to the maximum extent

12 possible, place in key staff positions specialists with prior

13 on the ground expertise in the region of activity and flu14 ency in one of the local languages.

15 (j) In issuing new task orders, entering into con16 tracts, or making grants, with funds appropriated under

17 this heading or in prior appropriations Acts, for projects

18 or activities that have as one of their primary purposes

19 the fostering of private sector development, the Coordina20 tor for United States Assistance to the New Independent

21 States and the implementing agency shall encourage the

22 participation of and give significant weight to contractors

23 and grantees who propose investing a significant amount

24 of their own resources (including volunteer services and

25 in-kind contributions) in such projects and activities.
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1 (k) Of the funds made available under this head2 ing, not less than $225,000,000 shall be made available

3 for Ukraine, of which funds not less than $25,000,000

4 shall be made available to carry out United States decom5 missioning obligations regarding the Chornobyl plant

6 made in the Memorandum of Understanding between the

7 Government of Ukraine and the G–7 Group: Provided,

8 That not less than $35,000,000 shall be made available

9 for agricultural projects, including those undertaken

10 through the Food Systems Restructuring Program, which

11 leverage private sector resources with United States Gov12 ernment assistance: Provided further, That $5,000,000

13 shall be available for a small business incubator project:

14 Provided further, That $5,000,000 shall be made avail15 able for screening and treatment of childhood mental and

16 physical illnesses related to Chornobyl radiation: Provided

17 further, That $5,000,000 shall be available only for a

18 land and resource management institute to identify nu19 clear contamination at Chornobyl: Provided further, That

20 $15,000,000 shall be available for the legal restructuring

21 necessary to support a decentralized market-oriented eco22 nomic system, including enactment of necessary sub23 stantive commercial law, implementation of reforms nec24 essary to establish an independent judiciary and bar,

25 legal education for judges, attorneys, and law students,
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1 and education of the public designed to promote under2 standing of a law-based economy.

3 (l) Of the funds made available for Ukraine,

4 under this Act and Public Law 104–107, not less than

5 $50,000,000 shall be made available to improve safety at

6 nuclear reactors: Provided, That of this amount

7 $20,000,000 shall be provided for the purchase and in8 stallation of, and training for, safety parameter display

9 or control systems at all operational nuclear reactors:

10 Provided further, That of this amount, $20,000,000 shall

11 be made available for the purchase, construction, installa12 tion and training for Full Scope and Analytical/Engineer13 ing simulators: Provided further, That of this amount

14 funds shall be made available to conduct Safety Analysis

15 Reports at all operational nuclear reactors.

16 (m) Of the funds made available by this Act, not

17 less than $95,000,000 shall be made available for Arme18 nia.

19 (n) Funds appropriated under this heading or in

20 prior appropriations Acts that are or have been made

21 available for an Enterprise Fund may be deposited by

22 such Fund in interest-bearing accounts prior to the dis23 bursement of such funds by the Fund for program pur24 poses. The Fund may retain for such program proposes

25 any interest earned on such deposits without returning
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1 such interest to the Treasury of the United States and

2 without further appropriation by the Congress. Funds

3 made available for Enterprise Funds shall be expended at

4 the minimum rate necessary to make timely payment for

5 projects and activities.

6 (o)(1) None of the funds appropriated under this

7 heading may be made available for Russia unless the

8 President determines and certifies in writing to the Com9 mittees on Appropriations that the Government of Russia

10 has terminated implementation of arrangements to pro11 vide Iran with technical expertise, training, technology, or

12 equipment necessary to develop a nuclear reactor or re13 lated nuclear research facilities or programs.

14 (2) Paragraph (1) shall not apply if the President

15 determines that making such funds available is important

16 to the national security interest of the United States.

17 Any such determination shall cease to be effective six

18 months after being made unless the President determines

19 that its continuation is important to the national security

20 interest of the United States.

21 (p) Of the funds made available under this head22 ing, not less than $10,000,000 shall be made available

23 for a United States contribution to the Trans-Caucasus

24 Enterprise Fund: Provided, That to further the develop25 ment of the private sector in the Trans-Caucasus, such
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1 amount and amounts appropriated for purposes of sub2 section (t) under the heading ‘‘Assistance for the New

3 Independent States of the Former Soviet Union’’ in Pub4 lic Law 104–107 may be invested in a Trans-Caucasus

5 Enterprise Fund or, notwithstanding the provisions of

6 such subsection, invested in other funds established by

7 public or private organizations, or transferred to the

8 Overseas Private Investment Corporation to be available,

9 subject to the requirements of the Federal Credit Reform

10 Act, to subsidize the costs of direct and guaranteed loans.

11 (q)(1) Funds appropriated under this heading

12 may not be made available for the Government of

13 Ukraine if the President determines and reports to the

14 Committees on Appropriations that the Government of

15 Ukraine is engaged in military cooperation with the Gov16 ernment of Libya.

17 (2) Paragraph (1) shall not apply if the President

18 determines that making such funds available is important

19 to the national security interest of the United States.

20 Any such determination shall cease to be effective six

21 months after being made unless the President determines

22 that its continuation is important to the national security

23 interest of the United States.

24 (r) Of the funds appropriated under this heading,

25 not less than $15,000,000 should be available only for a
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1 family planning program for the New Independent States

2 of the former Soviet Union comparable to the family

3 planning program currently administered by the Agency

4 for International Development in the Central Asian Re5 publics and focusing on population assistance which pro6 vides an alternative to abortion.

7 (s) Funds made available under this Act or any

8 other Act (other than assistance under title V of the

9 FREEDOM Support Act and section 1424 of the ‘‘Na10 tional Defense Authorization Act for Fiscal Year 1997’’)

11 may not be provided for assistance to the Government of

12 Azerbaijan until the President determines, and so reports

13 to the Congress, that the Government of Azerbaijan is

14 taking demonstrable steps to cease all blockades and

15 other offensive uses of force against Armenia and

16 Nagorno-Karabakh.

17 (t) Of the funds appropriated under this heading,

18 not less than $2,500,000 shall be made available for the

19 American-Russian Center.

20 INDEPENDENT AGENCY

21 PEACE CORPS

22 For expenses necessary to carry out the provisions

23 of the Peace Corps Act (75 Stat. 612), $208,000,000, in24 cluding the purchase of not to exceed five passenger

25 motor vehicles for administrative purposes for use outside
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1 of the United States: Provided, That none of the funds

2 appropriated under this heading shall be used to pay for

3 abortions: Provided further, That funds appropriated

4 under this heading shall remain available until September

5 30, 1998.

6 DEPARTMENT OF STATE

7 INTERNATIONAL NARCOTICS CONTROL

8 For necessary expenses to carry out section 481

9 of the Foreign Assistance Act of 1961, $213,000,000:

10 Provided, That during fiscal year 1997, the Department

11 of State may also use the authority of section 608 of the

12 Foreign Assistance Act of 1961, without regard to its re13 strictions, to receive non-lethal excess property from an

14 agency of the United States Government for the purpose

15 of providing it to a foreign country under chapter 8 of

16 part I of that Act subject to the regular notification pro17 cedures of the Committees on Appropriations: Provided

18 further, That none of the funds made available under this

19 heading may be provided to any unit of the security

20 forces of a foreign country if the Secretary of State has

21 credible evidence to believe such unit has committed

22 gross violations of human rights unless the Secretary de23 termines and reports to the Committees on Appropria24 tions that the government of such country is taking steps
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1 to bring the responsible members of the security forces

2 unit to justice.

3 MIGRATION AND REFUGEE ASSISTANCE

4 For expenses, not otherwise provided for, nec5 essary to enable the Secretary of State to provide, as au6 thorized by law, a contribution to the International Com7 mittee of the Red Cross, assistance to refugees, including

8 contributions to the International Organization for Mi9 gration and the United Nations High Commissioner for

10 Refugees, and other activities to meet refugee and migra11 tion needs; salaries and expenses of personnel and de12 pendents as authorized by the Foreign Service Act of

13 1980; allowances as authorized by sections 5921 through

14 5925 of title 5, United States Code; purchase and hire

15 of passenger motor vehicles; and services as authorized

16 by section 3109 of title 5, United States Code,

17 $650,000,000: Provided, That not more than

18 $12,000,000 shall be available for administrative ex19 penses: Provided further, That not less than $80,000,000

20 shall be made available for refugees from the former So21 viet Union and Eastern Europe and other refugees reset22 tling in Israel.

23 REFUGEE RESETTLEMENT ASSISTANCE

24 For necessary expenses for the targeted assistance

25 program authorized by title IV of the Immigration and

26 Nationality Act and section 501 of the Refugee Edu-
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1 cation Assistance Act of 1980 and administered by the

2 Office of Refugee Resettlement of the Department of

3 Health and Human Services, in addition to amounts oth4 erwise available for such purposes, $5,000,000.

5 UNITED STATES EMERGENCY REFUGEE AND MIGRATION

6 ASSISTANCE FUND

7 For necessary expenses to carry out the provisions

8 of section 2(c) of the Migration and Refugee Assistance

9 Act of 1962, as amended (22 U.S.C. 260(c)),

10 $50,000,000, to remain available until expended: Pro11 vided, That the funds made available under this heading

12 are appropriated notwithstanding the provisions con13 tained in section 2(c)(2) of the Migration and Refugee

14 Assistance Act of 1962 which would limit the amount of

15 funds which could be appropriated for this purpose.

16 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

17 RELATED PROGRAMS

18 For necessary expenses for nonproliferation, anti19 terrorism and related programs and activities,

20 $133,000,000, to carry out the provisions of chapter 8 of

21 part II of the Foreign Assistance Act of 1961 for anti22 terrorism assistance, section 504 of the FREEDOM Sup23 port Act for the Nonproliferation and Disarmament

24 Fund, section 23 of the Arms Export Control Act for

25 demining activities, notwithstanding any other provision

26 of law, including activities implemented through non-
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1 governmental and international organizations, section

2 301 of the Foreign Assistance Act of 1961 for a vol3 untary contribution to the International Atomic Energy

4 Agency (IAEA) and a voluntary contribution to the Ko5 rean Peninsula Energy Development Organization

6 (KEDO), and for the acquisition and provision of goods

7 and services, or for grants to Israel necessary to support

8 the eradication of terrorism in and around Israel: Pro9 vided, That of this amount not to exceed $15,000,000, to

10 remain available until expended, may be made available

11 for the Nonproliferation and Disarmament Fund, not12 withstanding any other provision of law, to promote bilat13 eral and multilateral activities relating to nonproliferation

14 and disarmament: Provided further, That such funds may

15 also be used for such countries other than the new inde16 pendent states of the former Soviet Union and inter17 national organizations when it is in the national security

18 interest of the United States to do so: Provided further,

19 That such funds shall be subject to the regular notifica20 tion procedures of the Committees on Appropriations:

21 Provided further, That funds appropriated under this

22 heading may be made available for the International

23 Atomic Energy Agency only if the Secretary of State de24 termines (and so reports to the Congress) that Israel is

25 not being denied its right to participate in the activities
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1 of that Agency: Provided further, That not to exceed

2 $25,000,000 may be made available to the Korean Penin3 sula Energy Development Organization (KEDO) only for

4 the administrative expenses and heavy fuel oil costs asso5 ciated with the Agreed Framework: Provided further,

6 That such funds may be obligated to KEDO only if, prior

7 to such obligation of funds, the President certifies and so

8 reports to Congress that (1)(A) the United States is tak9 ing steps to assure that progress is made on the imple10 mentation of the January 1, 1992, Joint Declaration on

11 the Denuclearization of the Korean Peninsula and the

12 implementation of the North-South dialogue, and (B)

13 North Korea is complying with the other provisions of

14 the Agreed Framework between North Korea and the

15 United States and with the Confidential Minute; (2)

16 North Korea is cooperating fully in the canning and safe

17 storage of all spent fuel from its graphite-moderated nu18 clear reactors and that such canning and safe storage is

19 scheduled to be completed by the end of fiscal year 1997;

20 and (3) North Korea has not significantly diverted assist21 ance provided by the United States for purposes for

22 which it was not intended: Provided further, That the

23 President may waive the certification requirements of the

24 preceding proviso if the President determines that it is

25 vital to the national security interests of the United
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1 States: Provided further, That no funds may be obligated

2 for KEDO until 30 calendar days after submission to

3 Congress of the waiver permitted under the preceding

4 proviso: Provided further, That before obligating any

5 funds for KEDO, the President shall report to Congress

6 on (1) the cooperation of North Korea in the process of

7 returning to the United States the remains of United

8 States military personnel who are listed as missing in ac9 tion as a result of the Korean conflict (including conduct10 ing joint field activities with the United States); (2) viola11 tions of the military armistice agreement of 1953; (3) the

12 actions which the United States is taking to assure that

13 North Korea is consistently taking steps to implement

14 the Joint Declaration on Denuclearization of the Korean

15 Peninsula and engage in North-South dialogue; and (4)

16 all instances of non-compliance with the Agreed Frame17 work between North Korea and the United States and

18 the Confidential Minute, including diversion of heavy fuel

19 oil: Provided further, That the obligation of such funds

20 shall be subject to the regular notification procedures of

21 the Committees on Appropriations: Provided further,

22 That the Secretary of State shall submit to the appro23 priate congressional committees an annual report (to be

24 submitted with the annual presentation for appropria25 tions) providing a full and detailed accounting of the fis-
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1 cal year request for the United States contribution to

2 KEDO, the expected operating budget of the Korean Pe3 ninsula Energy Development Organization, to include

4 proposed annual costs associated with heavy fuel oil pur5 chases and other related activities, and the amount of

6 funds pledged by other donor nations and organizations

7 to support KEDO activities on a per country basis.

8 TITLE III—MILITARY ASSISTANCE

9 FUNDS APPROPRIATED TO THE PRESIDENT

10 INTERNATIONAL MILITARY EDUCATION AND TRAINING

11 For necessary expenses to carry out the provisions

12 of section 541 of the Foreign Assistance Act of 1961,

13 $43,475,000: Provided, That none of the funds appro14 priated under this heading shall be available for Zaire

15 and Guatemala: Provided further, That funds appro16 priated under this heading for grant financed military

17 education and training for Indonesia may only be avail18 able for expanded international military education and

19 training.

20 FOREIGN MILITARY FINANCING PROGRAM

21 For expenses necessary for grants to enable the

22 President to carry out the provisions of section 23 of the

23 Arms Export Control Act, $3,164,000,000: Provided,

24 That of the funds appropriated by this paragraph not

25 less than $1,800,000,000 shall be available for grants

26 only for Israel, and not less than $1,300,000,000 shall be
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1 available for grants only for Egypt: Provided further,

2 That the funds appropriated by this paragraph for Israel

3 shall be disbursed within thirty days of enactment of this

4 Act or by October 31, 1996, whichever is later: Provided

5 further, That to the extent that the Government of Israel

6 requests that funds be used for such purposes, grants

7 made available for Israel by this paragraph shall, as

8 agreed by Israel and the United States, be available for

9 advanced weapons systems, of which not less than

10 $475,000,000 shall be available for the procurement in

11 Israel of defense articles and defense services, including

12 research and development: Provided further, That of the

13 funds made available under this paragraph, $30,000,000

14 shall be available for assistance on a grant basis for Po15 land, Hungary, and the Czech Republic to carry out title

16 II of Public Law 103–477 and section 585 of Public Law

17 104–107: Provided further, That funds made available

18 under this paragraph shall be nonrepayable notwithstand19 ing any requirement in section 23 of the Arms Export

20 Control Act: Provided further, That, for the purpose only

21 of providing support for NATO expansion and the War22 saw Initiative Program, of the funds appropriated by this

23 Act under the headings ‘‘Assistance for Eastern Europe

24 and the Baltic States’’ and ‘‘Assistance for the New

25 Independent States of the Former Soviet Union’’, up to
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1 a total of $7,000,000 may be transferred, notwithstand2 ing any other provision of law, to the funds appropriated

3 under this paragraph: Provided further, That none of the

4 funds made available under this heading shall be avail5 able for any non-NATO country participating in the

6 Partnership for Peace Program except through the regu7 lar notification procedures of the Committees on Appro8 priations.

9 For the cost, as defined in section 502 of the Con10 gressional Budget Act of 1974, of direct loans authorized

11 by section 23 of the Arms Export Control Act as follows:

12 cost of direct loans, $60,000,000: Provided, That these

13 funds are available to subsidize gross obligations for the

14 principal amount of direct loans of not to exceed

15 $540,000,000: Provided further, That the rate of interest

16 charged on such loans shall be not less than the current

17 average market yield on outstanding marketable obliga18 tions of the United States of comparable maturities: Pro19 vided further, That of the funds appropriated under this

20 paragraph $20,000,000 shall be made available to Po21 land, Hungary, and the Czech Republic: Provided further,

22 That funds appropriated under this heading shall be

23 made available for Greece and Turkey only on a loan

24 basis, and the principal amount of direct loans for each
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1 country shall not exceed the following: $122,500,000 only

2 for Greece and $175,000,000 only for Turkey.

3 None of the funds made available under this head4 ing shall be available to finance the procurement of de5 fense articles, defense services, or design and construc6 tion services that are not sold by the United States Gov7 ernment under the Arms Export Control Act unless the

8 foreign country proposing to make such procurements

9 has first signed an agreement with the United States

10 Government specifying the conditions under which such

11 procurements may be financed with such funds: Provided,

12 That all country and funding level increases in allocations

13 shall be submitted through the regular notification proce14 dures of section 515 of this Act: Provided further, That

15 funds made available under this heading shall be obli16 gated upon apportionment in accordance with paragraph

17 (5)(C) of title 31, United States Code, section 1501(a):

18 Provided further, That none of the funds appropriated

19 under this heading shall be available for Zaire, Sudan,

20 Liberia, and Guatemala: Provided further, That funds

21 made available under this heading may be used, notwith22 standing any other provision of law, for activities related

23 to the clearance of landmines and unexploded ordnance,

24 and may include activities implemented through non25 governmental and international organizations: Provided
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1 further, That only those countries for which assistance

2 was justified for the ‘‘Foreign Military Sales Financing

3 Program’’ in the fiscal year 1989 congressional presen4 tation for security assistance programs may utilize funds

5 made available under this heading for procurement of de6 fense articles, defense services or design and construction

7 services that are not sold by the United States Govern8 ment under the Arms Export Control Act: Provided fur9 ther, That, subject to the regular notification procedures

10 of the Committees on Appropriations, funds made avail11 able under this heading for the cost of direct loans may

12 also be used to supplement the funds available under this

13 heading for grants, and funds made available under this

14 heading for grants may also be used to supplement the

15 funds available under this heading for the cost of direct

16 loans: Provided further, That funds appropriated under

17 this heading shall be expended at the minimum rate nec18 essary to make timely payment for defense articles and

19 services: Provided further, That not more than

20 $23,250,000 of the funds appropriated under this head21 ing may be obligated for necessary expenses, including

22 the purchase of passenger motor vehicles for replacement

23 only for use outside of the United States, for the general

24 costs of administering military assistance and sales: Pro25 vided further, That not more than $355,000,000 of funds
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1 realized pursuant to section 21(e)(1)(A) of the Arms Ex2 port Control Act may be obligated for expenses incurred

3 by the Department of Defense during fiscal year 1997

4 pursuant to section 43(b) of the Arms Export Control

5 Act, except that this limitation may be exceeded only

6 through the regular notification procedures of the Com7 mittees on Appropriations.

8 TITLE IV—MULTILATERAL ECONOMIC

9 ASSISTANCE

10 FUNDS APPROPRIATED TO THE PRESIDENT

11 INTERNATIONAL FINANCIAL INSTITUTIONS

12 CONTRIBUTION TO THE INTERNATIONAL BANK FOR

13 RECONSTRUCTION AND DEVELOPMENT

14 For payment to the International Bank for Re15 construction and Development by the Secretary of the

16 Treasury, for the United States contribution to the Glob17 al Environment Facility (GEF), $35,000,000, to remain

18 available until September 30, 1998.

19 CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT

20 ASSOCIATION

21 For payment to the International Development

22 Association by the Secretary of the Treasury,

23 $700,000,000, for the United States contribution to the

24 tenth replenishment, to remain available until expended:

25 Provided, That none of the funds may be obligated before

26 March 1, 1997: Provided further, That not less than
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1 twenty days before such funds are obligated, the Sec2 retary of the Treasury shall submit a report to the Com3 mittees on Appropriations on his efforts to reach agree4 ment with the other IDA–11 donors, including at the

5 February 1997 IDA–11 donors review meeting, that the

6 procurement restrictions in the Interim Trust Fund will

7 be lifted.

8 CONTRIBUTION TO THE INTERNATIONAL FINANCE

9 CORPORATION

10 For payment to the International Finance Cor11 poration by the Secretary of the Treasury, $6,656,000,

12 for the United States share of the increase in subscrip13 tions to capital stock, to remain available until expended.

14 CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT

15 BANK

16 For payment to the Inter-American Development

17 Bank by the Secretary of the Treasury, for the United

18 States share of the paid-in share portion of the increase

19 in capital stock, $25,610,667, and for the United States

20 share of the increase in the resources of the Fund for

21 Special Operations, $10,000,000, to remain available

22 until expended.

23 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

24 The United States Governor of the Inter-Amer25 ican Development Bank may subscribe without fiscal year

26 limitation to the callable capital portion of the United
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1 States share of such capital stock in an amount not to

2 exceed $1,503,718,910.

3 CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS

4 MULTILATERAL INVESTMENT FUND

5 For payment to the Enterprise for the Americas

6 Multilateral Investment Fund by the Secretary of the

7 Treasury, for the United States contribution to the Fund

8 to be administered by the Inter-American Development

9 Bank, $27,500,000 to remain available until expended.

10 CONTRIBUTION TO THE ASIAN DEVELOPMENT BANK

11 For payment to the Asian Development Bank by

12 the Secretary of the Treasury for the United States share

13 of the paid-in portion of the increase in capital stock,

14 $13,221,596, to remain available until expended.

15 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

16 The United States Governor of the Asian Develop17 ment Bank may subscribe without fiscal year limitation

18 to the callable capital portion of the United States share

19 of such capital stock in an amount not to exceed

20 $647,858,204.

21 CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

22 For the United States contribution by the Sec23 retary of the Treasury to the increases in resources of

24 the Asian Development Fund, as authorized by the Asian

25 Development Bank Act, as amended (Public Law 89–

26 369), $100,000,000, to remain available until expended.
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1 CONTRIBUTION TO THE EUROPEAN BANK FOR

2 RECONSTRUCTION AND DEVELOPMENT

3 For payment to the European Bank for Recon4 struction and Development by the Secretary of the Treas5 ury, $11,916,447, for the United States share of the

6 paid-in share portion of the initial capital subscription, to

7 remain available until expended.

8 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

9 The United States Governor of the European

10 Bank for Reconstruction and Development may subscribe

11 without fiscal year limitation to the callable capital por12 tion of the United States share of such capital stock in

13 an amount not to exceed $27,805,043.

14 NORTH AMERICAN DEVELOPMENT BANK

15 For payment to the North American Development

16 Bank by the Secretary of the Treasury, for the United

17 States share of the paid-in portion of the capital stock,

18 $56,000,000, to remain available until expended.

19 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

20 The United States Governor of the North Amer21 ican Development Bank may subscribe without fiscal year

22 limitation to the callable capital portion of the United

23 States share of the capital stock of the North American

24 Development Bank in an account not to exceed

25 $318,750,000.
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1 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

2 For necessary expenses to carry out the provisions

3 of section 301 of the Foreign Assistance Act of 1961,

4 and of section 2 of the United Nations Environment Pro5 gram Participation Act of 1973, $169,950,000: Provided,

6 That none of the funds appropriated under this heading

7 shall be made available for the United Nations Fund for

8 Science and Technology: Provided further, That none of

9 the funds appropriated under this heading that are made

10 available to the United Nations Population Fund

11 (UNFPA) shall be made available for activities in the

12 People’s Republic of China: Provided further, That not

13 more than $25,000,000 of the funds appropriated under

14 this heading may be made available to the UNFPA: Pro15 vided further, That not more than one-half of this

16 amount may be provided to UNFPA before March 1,

17 1997, and that no later than February 15, 1997, the

18 Secretary of State shall submit a report to the Commit19 tees on Appropriations indicating the amount UNFPA is

20 budgeting for the People’s Republic of China in 1997:

21 Provided further, That any amount UNFPA plans to

22 spend in the People’s Republic of China in 1997 shall be

23 deducted from the amount of funds provided to UNFPA

24 after March 1, 1997, pursuant to the previous provisos:

25 Provided further, That with respect to any funds appro-
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1 priated under this heading that are made available to

2 UNFPA, UNFPA shall be required to maintain such

3 funds in a separate account and not commingle them

4 with any other funds: Provided further, That none of the

5 funds appropriated under this heading may be made

6 available to the Korean Peninsula Energy Development

7 Organization (KEDO) or the International Atomic En8 ergy Agency (IAEA).

9 TITLE V—GENERAL PROVISIONS

10 OBLIGATIONS DURING LAST MONTH OF AVAILABILITY

11 SEC. 501. Except for the appropriations entitled

12 ‘‘International Disaster Assistance’’, and ‘‘United States

13 Emergency Refugee and Migration Assistance Fund’’,

14 not more than 15 per centum of any appropriation item

15 made available by this Act shall be obligated during the

16 last month of availability.

17 PROHIBITION OF BILATERAL FUNDING FOR

18 INTERNATIONAL FINANCIAL INSTITUTIONS

19 SEC. 502. None of the funds contained in title II

20 of this Act may be used to carry out the provisions of

21 section 209(d) of the Foreign Assistance Act of 1961.

22 LIMITATION ON RESIDENCE EXPENSES

23 SEC. 503. Of the funds appropriated or made

24 available pursuant to this Act, not to exceed $126,500

25 shall be for official residence expenses of the Agency for

26 International Development during the current fiscal year:
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1 Provided, That appropriate steps shall be taken to assure

2 that, to the maximum extent possible, United States3 owned foreign currencies are utilized in lieu of dollars.

4 LIMITATION ON EXPENSES

5 SEC. 504. Of the funds appropriated or made

6 available pursuant to this Act, not to exceed $5,000 shall

7 be for entertainment expenses of the Agency for Inter8 national Development during the current fiscal year.

9 LIMITATION ON REPRESENTATIONAL ALLOWANCES

10 SEC. 505. Of the funds appropriated or made

11 available pursuant to this Act, not to exceed $95,000

12 shall be available for representation allowances for the

13 Agency for International Development during the current

14 fiscal year: Provided, That appropriate steps shall be

15 taken to assure that, to the maximum extent possible,

16 United States-owned foreign currencies are utilized in

17 lieu of dollars: Provided further, That of the funds made

18 available by this Act for general costs of administering

19 military assistance and sales under the heading ‘‘Foreign

20 Military Financing Program’’, not to exceed $2,000 shall

21 be available for entertainment expenses and not to exceed

22 $50,000 shall be available for representation allowances:

23 Provided further, That of the funds made available by

24 this Act under the heading ‘‘International Military Edu25 cation and Training’’, not to exceed $50,000 shall be

26 available for entertainment allowances: Provided further,
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1 That of the funds made available by this Act for the

2 Inter-American Foundation, not to exceed $2,000 shall

3 be available for entertainment and representation allow4 ances: Provided further, That of the funds made available

5 by this Act for the Peace Corps, not to exceed a total of

6 $4,000 shall be available for entertainment expenses:

7 Provided further, That of the funds made available by

8 this Act under the heading ‘‘Trade and Development

9 Agency’’, not to exceed $2,000 shall be available for rep10 resentation and entertainment allowances.

11 PROHIBITION ON FINANCING NUCLEAR GOODS

12 SEC. 506. None of the funds appropriated or

13 made available (other than funds for ‘‘Nonproliferation,

14 Antiterrorism, Demining and Related Programs’’) pursu15 ant to this Act, for carrying out the Foreign Assistance

16 Act of 1961, may be used, except for purposes of nuclear

17 safety, to finance the export of nuclear equipment, fuel,

18 or technology.

19 PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN

20 COUNTRIES

21 SEC. 507. None of the funds appropriated or oth22 erwise made available pursuant to this Act shall be obli23 gated or expended to finance directly any assistance or

24 reparations to Cuba, Iraq, Libya, North Korea, Iran,

25 Sudan, or Syria: Provided, That for purposes of this sec26 tion, the prohibition on obligations or expenditures shall
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1 include direct loans, credits, insurance and guarantees of

2 the Export-Import Bank or its agents.

3 MILITARY COUPS

4 SEC. 508. None of the funds appropriated or oth5 erwise made available pursuant to this Act shall be obli6 gated or expended to finance directly any assistance to

7 any country whose duly elected Head of Government is

8 deposed by military coup or decree: Provided, That assist9 ance may be resumed to such country if the President de10 termines and reports to the Committees on Appropria11 tions that subsequent to the termination of assistance a

12 democratically elected government has taken office.

13 TRANSFERS BETWEEN ACCOUNTS

14 SEC. 509. None of the funds made available by

15 this Act may be obligated under an appropriation account

16 to which they were not appropriated, except for transfers

17 specifically provided for in this Act, unless the President,

18 prior to the exercise of any authority contained in the

19 Foreign Assistance Act of 1961 to transfer funds,

20 consults with and provides a written policy justification

21 to the Committees on Appropriations of the House of

22 Representatives and the Senate.

23 DEOBLIGATION/REOBLIGATION AUTHORITY

24 SEC. 510. (a) Amounts certified pursuant to sec25 tion 1311 of the Supplemental Appropriations Act, 1955,

26 as having been obligated against appropriations here-
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1 tofore made under the authority of the Foreign Assist2 ance Act of 1961 for the same general purpose as any

3 of the headings under title II of this Act are, if

4 deobligated, hereby continued available for the same pe5 riod as the respective appropriations under such headings

6 or until September 30, 1997, whichever is later, and for

7 the same general purpose, and for countries within the

8 same region as originally obligated: Provided, That the

9 Appropriations Committees of both Houses of the Con10 gress are notified fifteen days in advance of the reobliga11 tion of such funds in accordance with regular notification

12 procedures of the Committees on Appropriations.

13 (b) Obligated balances of funds appropriated to

14 carry out section 23 of the Arms Export Control Act as

15 of the end of the fiscal year immediately preceding the

16 current fiscal year are, if deobligated, hereby continued

17 available during the current fiscal year for the same pur18 pose under any authority applicable to such appropria19 tions under this Act: Provided, That the authority of this

20 subsection may not be used in fiscal year 1997.

21 AVAILABILITY OF FUNDS

22 SEC. 511. No part of any appropriation contained

23 in this Act shall remain available for obligation after the

24 expiration of the current fiscal year unless expressly so

25 provided in this Act: Provided, That funds appropriated

26 for the purposes of chapters 1, 8, and 11 of part I, sec-
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1 tion 667, and chapter 4 of part II of the Foreign Assist2 ance Act of 1961, as amended, and funds provided under

3 the heading ‘‘Assistance for Eastern Europe and the Bal4 tic States’’, shall remain available until expended if such

5 funds are initially obligated before the expiration of their

6 respective periods of availability contained in this Act:

7 Provided further, That, notwithstanding any other provi8 sion of this Act, any funds made available for the pur9 poses of chapter 1 of part I and chapter 4 of part II of

10 the Foreign Assistance Act of 1961 which are allocated

11 or obligated for cash disbursements in order to address

12 balance of payments or economic policy reform objectives,

13 shall remain available until expended: Provided further,

14 That the report required by section 653(a) of the Foreign

15 Assistance Act of 1961 shall designate for each country,

16 to the extent known at the time of submission of such re17 port, those funds allocated for cash disbursement for bal18 ance of payment and economic policy reform purposes.

19 LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

20 SEC. 512. No part of any appropriation contained

21 in this Act shall be used to furnish assistance to any

22 country which is in default during a period in excess of

23 one calendar year in payment to the United States of

24 principal or interest on any loan made to such country

25 by the United States pursuant to a program for which

26 funds are appropriated under this Act: Provided, That
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1 this section and section 620(q) of the Foreign Assistance

2 Act of 1961 shall not apply to funds made available in

3 this Act or during the current fiscal year for Nicaragua,

4 and for any narcotics-related assistance for Colombia,

5 Bolivia, and Peru authorized by the Foreign Assistance

6 Act of 1961 or the Arms Export Control Act.

7 COMMERCE AND TRADE

8 SEC. 513. (a) None of the funds appropriated or

9 made available pursuant to this Act for direct assistance

10 and none of the funds otherwise made available pursuant

11 to this Act to the Export-Import Bank and the Overseas

12 Private Investment Corporation shall be obligated or ex13 pended to finance any loan, any assistance or any other

14 financial commitments for establishing or expanding pro15 duction of any commodity for export by any country

16 other than the United States, if the commodity is likely

17 to be in surplus on world markets at the time the result18 ing productive capacity is expected to become operative

19 and if the assistance will cause substantial injury to

20 United States producers of the same, similar, or compet21 ing commodity: Provided, That such prohibition shall not

22 apply to the Export-Import Bank if in the judgment of

23 its Board of Directors the benefits to industry and em24 ployment in the United States are likely to outweigh the

25 injury to United States producers of the same, similar,
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1 or competing commodity, and the Chairman of the Board

2 so notifies the Committees on Appropriations.

3 (b) None of the funds appropriated by this or any

4 other Act to carry out chapter 1 of part I of the Foreign

5 Assistance Act of 1961 shall be available for any testing

6 or breeding feasibility study, variety improvement or in7 troduction, consultancy, publication, conference, or train8 ing in connection with the growth or production in a for9 eign country of an agricultural commodity for export

10 which would compete with a similar commodity grown or

11 produced in the United States: Provided, That this sub12 section shall not prohibit—

13 (1) activities designed to increase food security

14 in developing countries where such activities will not

15 have a significant impact in the export of agricul16 tural commodities of the United States; or

17 (2) research activities intended primarily to

18 benefit American producers.

19 SURPLUS COMMODITIES

20 SEC. 514. The Secretary of the Treasury shall in21 struct the United States Executive Directors of the Inter22 national Bank for Reconstruction and Development, the

23 International Development Association, the International

24 Finance Corporation, the Inter-American Development

25 Bank, the International Monetary Fund, the Asian De26 velopment Bank, the Inter-American Investment Cor-
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1 poration, the North American Development Bank, the

2 European Bank for Reconstruction and Development, the

3 African Development Bank, and the African Development

4 Fund to use the voice and vote of the United States to

5 oppose any assistance by these institutions, using funds

6 appropriated or made available pursuant to this Act, for

7 the production or extraction of any commodity or mineral

8 for export, if it is in surplus on world markets and if the

9 assistance will cause substantial injury to United States

10 producers of the same, similar, or competing commodity.

11 NOTIFICATION REQUIREMENTS

12 SEC. 515. For the purpose of providing the Exec13 utive Branch with the necessary administrative flexibility,

14 none of the funds made available under this Act for

15 ‘‘Child Survival and Disease Programs Fund’’, ‘‘Develop16 ment Assistance’’, ‘‘Debt restructuring’’, ‘‘International

17 organizations and programs’’, ‘‘Trade and Development

18 Agency’’, ‘‘International narcotics control’’, ‘‘Assistance

19 for Eastern Europe and the Baltic States’’, ‘‘Assistance

20 for the New Independent State of the Former Soviet

21 Union’’, ‘‘Economic Support Fund’’, ‘‘Peacekeeping oper22 ations’’, ‘‘Operating expenses of the Agency for Inter23 national Development’’, ‘‘Operating expenses of the

24 Agency for International Development Office of Inspector

25 General’’, ‘‘Nonproliferation, anti-terrorism, demining

26 and related programs’’, ‘‘Foreign Military Financing Pro-
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1 gram’’, ‘‘International military education and training’’,

2 ‘‘Inter-American Foundation’’, ‘‘African Development

3 Foundation’’, ‘‘Peace Corps’’, ‘‘Migration and refugee as4 sistance’’, shall be available for obligation for activities,

5 programs, projects, type of materiel assistance, countries,

6 or other operations not justified or in excess of the

7 amount justified to the Appropriations Committees for

8 obligation under any of these specific headings unless the

9 Appropriations Committees of both Houses of Congress

10 are previously notified fifteen days in advance: Provided,

11 That the President shall not enter into any commitment

12 of funds appropriated for the purposes of section 23 of

13 the Arms Export Control Act for the provision of major

14 defense equipment, other than conventional ammunition,

15 or other major defense items defined to be aircraft, ships,

16 missiles, or combat vehicles, not previously justified to

17 Congress or 20 per centum in excess of the quantities

18 justified to Congress unless the Committees on Appro19 priations are notified fifteen days in advance of such

20 commitment: Provided further, That this section shall not

21 apply to any reprogramming for an activity, program, or

22 project under chapter 1 of part I of the Foreign Assist23 ance Act of 1961 of less than 10 per centum of the

24 amount previously justified to the Congress for obligation

25 for such activity, program, or project for the current fis-
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1 cal year: Provided further, That the requirements of this

2 section or any similar provision of this Act or any other

3 Act, including any prior Act requiring notification in ac4 cordance with the regular notification procedures of the

5 Committees on Appropriations, may be waived if failure

6 to do so would pose a substantial risk to human health

7 or welfare: Provided further, That in case of any such

8 waiver, notification to the Congress, or the appropriate

9 congressional committees, shall be provided as early as

10 practicable, but in no event later than three days after

11 taking the action to which such notification requirement

12 was applicable, in the context of the circumstances neces13 sitating such waiver: Provided further, That any notifica14 tion provided pursuant to such a waiver shall contain an

15 explanation of the emergency circumstances.

16 Drawdowns made pursuant to section 506(a)(2)

17 of the Foreign Assistance Act of 1961 shall be subject to

18 the regular notification procedures of the Committees on

19 Appropriations.

20 LIMITATION ON AVAILABILITY OF FUNDS FOR

21 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

22 SEC. 516. Notwithstanding any other provision of

23 law or of this Act, none of the funds provided for ‘‘Inter24 national Organizations and Programs’’ shall be available

25 for the United States proportionate share, in accordance

26 with section 307(c) of the Foreign Assistance Act of
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1 1961, for any programs identified in section 307, or for

2 Libya, Iran, or, at the discretion of the President, Com3 munist countries listed in section 620(f) of the Foreign

4 Assistance Act of 1961, as amended: Provided, That,

5 subject to the regular notification procedures of the Com6 mittees on Appropriations, funds appropriated under this

7 Act or any previously enacted Act making appropriations

8 for foreign operations, export financing, and related pro9 grams, which are returned or not made available for or10 ganizations and programs because of the implementation

11 of this section or any similar provision of law, shall re12 main available for obligation through September 30,

13 1998.

14 ECONOMIC SUPPORT FUND ASSISTANCE FOR ISRAEL

15 SEC. 517. The Congress finds that progress on

16 the peace process in the Middle East is vitally important

17 to United States security interests in the region. The

18 Congress recognizes that, in fulfilling its obligations

19 under the Treaty of Peace Between the Arab Republic of

20 Egypt and the State of Israel, done at Washington on

21 March 26, 1979, Israel incurred severe economic bur22 dens. Furthermore, the Congress recognizes that an eco23 nomically and militarily secure Israel serves the security

24 interests of the United States, for a secure Israel is an

25 Israel which has the incentive and confidence to continue

26 pursuing the peace process. Therefore, the Congress de-
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1 clares that, subject to the availability of appropriations,

2 it is the policy and the intention of the United States

3 that the funds provided in annual appropriations for the

4 Economic Support Fund which are allocated to Israel

5 shall not be less than the annual debt repayment (inter6 est and principal) from Israel to the United States Gov7 ernment in recognition that such a principle serves Unit8 ed States interests in the region.

9 PROHIBITION ON FUNDING FOR ABORTIONS AND

10 INVOLUNTARY STERILIZATION

11 SEC. 518. None of the funds made available to

12 carry out part I of the Foreign Assistance Act of 1961,

13 as amended, may be used to pay for the performance of

14 abortions as a method of family planning or to motivate

15 or coerce any person to practice abortions. None of the

16 funds made available to carry out part I of the Foreign

17 Assistance Act of 1961, as amended, may be used to pay

18 for the performance of involuntary sterilization as a

19 method of family planning or to coerce or provide any fi20 nancial incentive to any person to undergo sterilizations.

21 None of the funds made available to carry out part I of

22 the Foreign Assistance Act of 1961, as amended, may be

23 used to pay for any biomedical research which relates in

24 whole or in part, to methods of, or the performance of,

25 abortions or involuntary sterilization as a means of fam26 ily planning. None of the funds made available to carry
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1 out part I of the Foreign Assistance Act of 1961, as

2 amended, may be obligated or expended for any country

3 or organization if the President certifies that the use of

4 these funds by any such country or organization would

5 violate any of the above provisions related to abortions

6 and involuntary sterilizations: Provided, That none of the

7 funds made available under this Act may be used to

8 lobby for or against abortion.

9 AUTHORIZATION FOR POPULATION PLANNING

10 SEC. 518A. (a) None of the funds made available

11 in title II of this Act for population planning activities or

12 other population assistance pursuant to section 104(b) of

13 the Foreign Assistance Act or any other provision of law

14 may be obligated or expended prior to July 1, 1997.

15 (b) Not to exceed $385,000,000 of the funds ap16 propriated in title II of this Act may be made available

17 for population planning activities or other population as18 sistance.

19 (c) Such funds may be apportioned only on a

20 monthly basis, and such monthly apportionments may

21 not exceed 8 percent of the total available for such activi22 ties.

23 (d) Not later than February 1, 1997, the Presi24 dent shall submit a finding to the Congress regarding the

25 impact of the limitation on obligations imposed by sub26 section (a) of this section on the proper functioning of
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1 the population planning program. If such Presidential

2 finding indicates that the limitation is having a negative

3 impact on the proper functioning of the population plan4 ning program, funds for population planning activities

5 and other population assistance referred to in subsection

6 (a) may be made available beginning March 1, 1997, not7 withstanding the July 1, 1997, limitation set forth in

8 subsection (a), if the Congress approves such finding by

9 adoption of a joint resolution of approval not later than

10 February 28, 1997, in accordance with subsection (e).

11 (e) CONGRESSIONAL REVIEW PROCEDURE.—

12 (1) This subsection is enacted by Congress—

13 (A) as an exercise of the rulemaking power

14 of the House of Representatives and the Sen15 ate, respectively, and as such it is deemed a

16 part of the rules of each House, respectively,

17 but applicable only with respect to the proce18 dure to be followed in that House in the case

19 of resolutions described by paragraph (2) of

20 this subsection; and it supersedes other rules

21 only to the extent that it is inconsistent there22 with; and

23 (B) with full recognition of the constitu24 tional right of either House to change the rules

25 (so far as those rules relate to the procedure of
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1 that House) at any time, in the same manner,

2 and to the same extent as in the case of any

3 other rule of such House.

4 (2) For purposes of this section, the term ‘‘res5 olution’’ means a joint resolution, the text of which

6 is as follows: ‘‘That the House of Representatives

7 and Senate approve the Presidential finding, submit8 ted to the Congress on XXXXX, that the limitation

9 on obligations imposed by section 518A(a) of the

10 Foreign Operations, Export Financing, and Related

11 Programs Appropriations Act, 1997, is having a

12 negative impact on the proper functioning of the

13 population planning program.’’. The blank space

14 therein shall be filled with the date on which the

15 President submits his finding to the House of Rep16 resentatives and the Senate.

17 (3) On the day on which the President submits

18 a finding under this section to the Congress, a joint

19 resolution described in paragraph (2) shall be intro20 duced (by request) in the House by the majority

21 leader of the House, for himself and the minority

22 leader of the House, or by Members of the House

23 designated by the majority leader and minority lead24 er of the House; and shall be introduced (by re25 quest) in the Senate by the majority leader of the
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1 Senate, for himself and the minority leader of the

2 Senate, or by Members of the Senate designated by

3 the majority leader and minority leader of the Sen4 ate. If either House is not in session on the day on

5 which the President submits such finding, the reso6 lution shall be introduced in that House, as provided

7 in the preceding sentence, on the first day thereafter

8 on which that House is in session. A resolution once

9 introduced in the House with respect to a Presi10 dential finding under this section shall be referred to

11 1 or more committees (and all resolutions with re12 spect to the same Presidential finding shall be re13 ferred to the same committee or committees) by the

14 Speaker of the House of Representatives. A resolu15 tion once introduced in the Senate with respect to a

16 Presidential finding under this section shall be re17 ferred to the appropriate committee (and all resolu18 tions with respect to the same Presidential finding

19 shall be referred to the same committee) by the

20 President of the Senate.

21 (4) No amendment to a resolution introduced

22 under this section shall be in order in either the

23 House of Representatives or the Senate; and no mo24 tion to suspend the application of this subsection

25 shall be in order in either House, nor shall it be in
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1 order in either House for the presiding officer to en2 tertain a request to suspend the application of this

3 subsection by unanimous consent.

4 (5)(A) If any committee to which a resolution

5 with respect to a Presidential finding under this sec6 tion has been referred has not reported it at the end

7 of 5 calendar days after its introduction, such com8 mittee shall be automatically discharged from fur9 ther consideration of the resolution and it shall be

10 placed on the appropriate calendar. A vote on final

11 passage of the resolution, shall be taken in each

12 House on or before February 28, 1997. If prior to

13 the passage by 1 House of a resolution of that

14 House under this section, that House receives the

15 same resolution from the other House, then—

16 (i) the procedure in that House shall be

17 the same as if no resolution had been received

18 from the other House, but

19 (ii) the vote on final passage shall be on

20 the resolution of the other House.

21 (6)(A) A motion in the House of Representa22 tives to proceed to the consideration of a resolution

23 under this section shall be highly privileged and not

24 debatable. An amendment to the motion shall not be

25 in order, nor shall it be in order to move to recon-
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1 sider the vote by which the motion is agreed to or

2 disagreed to.

3 (B) Debate in the House of Representatives on

4 the resolution described in paragraph (2) of this

5 subsection shall be limited to not more than 2 hours,

6 which shall be divided equally between those favoring

7 and those opposing such resolution. A motion to fur8 ther limit debate shall not be debatable. It shall not

9 be in order to move to recommit a resolution or to

10 move to reconsider the vote by which such resolution

11 was agreed to or disagreed to.

12 (C) Appeals from the decision of the Chair re13 lating to the application of the rules of the House

14 of Representatives to the procedures relating to a

15 resolution under this section shall be decided without

16 debate.

17 (D) Except to the extent specifically provided in

18 preceding provisions of this subsection, consideration

19 in the House of Representatives of a resolution

20 under this subsection shall be governed by the rules

21 of the House of Representatives applicable to other

22 resolutions in similar circumstances.

23 (7)(A) A motion in the Senate to proceed to the

24 consideration of a resolution under this section shall

25 not debatable. It shall not be in order to move to re-
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1 consider the vote by which the motion is agreed to

2 or disagreed to.

3 (B) Debate in the Senate on the resolution de4 scribed in paragraph (2) of this subsection, and all

5 debatable motions and appeals in connection there6 with, shall be limited to not more than 2 hours. The

7 time shall be equally divided between, and controlled

8 by, the mover and the manager of the resolution, ex9 cept that in the event the manager of the resolution

10 is in favor of any such motion or appeal, the time

11 in opposition thereto shall be controlled by the mi12 nority leader or his designee. Such leaders, or either

13 of them, may, from time under their control on the

14 passage of a resolution, allot additional time to any

15 Senator during the consideration of any debatable

16 motion or appeal.

17 (C) A motion in the Senate to further limit de18 bate is not debatable. A motion to recommit a reso19 lution is not in order.

20 REPORTING REQUIREMENT

21 SEC. 519. The President shall submit to the Com22 mittees on Appropriations the reports required by section

23 25(a)(1) of the Arms Export Control Act.

24 SPECIAL NOTIFICATION REQUIREMENTS

25 SEC. 520. None of the funds appropriated in this

26 Act shall be obligated or expended for Colombia, Guate-
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1 mala (except that this provision shall not apply to devel2 opment assistance for Guatemala), Dominican Republic,

3 Haiti, Liberia, Pakistan, Peru, Serbia, Sudan, or Zaire

4 except as provided through the regular notification proce5 dures of the Committee on Appropriations.

6 DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

7 SEC. 521. For the purpose of this Act, ‘‘program,

8 project, and activity’’ shall be defined at the Appropria9 tions Act account level and shall include all Appropria10 tions and Authorizations Acts earmarks, ceilings, and

11 limitations with the exception that for the following ac12 counts: Economics Support Fund and Foreign Military

13 Financing Program, ‘‘program, project, and activity’’

14 shall also be considered to include country, regional, and

15 central program level funding within each such account;

16 for the development assistance accounts of the Agency for

17 International Development ‘‘program, project, and activ18 ity’’ shall also be considered to include central program

19 level funding, either as (1) justified to the Congress, or

20 (2) allocated by the executive branch in accordance with

21 a report, to be provided to the Committees on Appropria22 tions within thirty days of enactment of this Act, as re23 quired by section 653(a) of the Foreign Assistance Act

24 of 1961.
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1 CHILD SURVIVAL AND AIDS ACTIVITIES

2 SEC. 522. Up to $8,000,000 of the funds made

3 available by this Act for assistance for family planning,

4 health, child survival, and AIDS, may be used to reim5 burse United States Government agencies, agencies of

6 State governments, institutions of higher learning, and

7 private and voluntary organizations for the full cost of in8 dividuals (including for the personal services of such indi9 viduals) detailed or assigned to, or contracted by, as the

10 case may be, the Agency for International Development

11 for the purpose of carrying out family planning activities,

12 child survival activities and activities relating to research

13 on, and the treatment and control of acquired immune

14 deficiency syndrome in developing countries: Provided,

15 That funds appropriated by this Act that are made avail16 able for child survival activities or activities relating to

17 research on, and the treatment and control of, acquired

18 immune deficiency syndrome may be made available not19 withstanding any provision of law that restricts assist20 ance to foreign countries: Provided further, That funds

21 appropriated by this Act that are made available for fam22 ily planning activities may be made available notwith23 standing section 512 of this Act and section 620(q) of

24 the Foreign Assistance Act of 1961.
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1 PROHIBITION AGAINST INDIRECT FUNDING TO CERTAIN

2 COUNTRIES

3 SEC. 523. None of the funds appropriated or oth4 erwise made available pursuant to this Act shall be obli5 gated to finance indirectly any assistance or reparations

6 to Cuba, Iraq, Libya, Iran, Syria, North Korea, or the

7 People’s Republic of China, unless the President of the

8 United States certifies that the withholding of these

9 funds is contrary to the national interest of the Untied

10 States.

11 RECIPROCAL LEASING

12 SEC. 524. Section 61(a) of the Arms Export Con13 trol Act is amended by striking out ‘‘1996’’ and inserting

14 in lieu thereof ‘‘1997’’.

15 NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

16 SEC. 525. Prior to providing excess Department

17 of Defense articles in accordance with section 516(a) of

18 the Foreign Assistance Act of 1961, the Department of

19 Defense shall notify the Committees on Appropriations to

20 the same extent and under the same conditions as are

21 other committees pursuant to subsection (c) of that sec22 tion: Provided, That before issuing a letter of offer to sell

23 excess defense articles under the Arms Export Control

24 Act, the Department of Defense shall notify the Commit25 tees on Appropriations in accordance with the regular no26 tification procedures of such Committees: Provided fur-
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1 ther, That such Committees shall also be informed of the

2 original acquisition cost of such defense articles.

3 AUTHORIZATION REQUIREMENT

4 SEC. 526. Funds appropriated by this Act may be

5 obligated and expended notwithstanding section 10 of

6 Public Law 91–672 and section 15 of the State Depart7 ment Basic Authorities Act of 1956.

8 PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST

9 COUNTRIES

10 SEC. 527. (a) Notwithstanding any other provi11 sion of law, funds appropriated for bilateral assistance

12 under any heading of this Act and funds appropriated

13 under any such heading in a provision of law enacted

14 prior to enactment of this Act, shall not be made avail15 able to any country which the President determines—

16 (1) grants sanctuary from prosecution to any

17 individual or group which has committed an act of

18 international terrorism, or

19 (2) otherwise supports international terrorism.

20 (b) The President may waive the application of

21 subsection (a) to a country if the President determines

22 that national security or humanitarian reasons justify

23 such waiver. The President shall publish each waiver in

24 the Federal Register and, at least fifteen days before the

25 waiver takes effect, shall notify the Committees on Ap26 propriations of the waiver (including the justification for
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1 the waiver) in accordance with the regular notification

2 procedures of the Committees on Appropriations.

3 COMMERCIAL LEASING OF DEFENSE ARTICLES

4 SEC. 528. Notwithstanding any other provision of

5 law, and subject to the regular notification procedures of

6 the Committees on Appropriations, the authority of sec7 tion 23(a) of the Arms Export Control Act may be used

8 to provide financing to Israel, Egypt and NATO and

9 major non-NATO allies for the procurement by leasing

10 (including leasing with an option to purchase) of defense

11 articles from United States commercial suppliers, not in12 cluding Major Defense Equipment (other than helicopters

13 and other types of aircraft having possible civilian appli14 cation), if the President determines that there are com15 pelling foreign policy or national security reasons for

16 those defense articles being provided by commercial lease

17 rather than by government-to-government sale under

18 such Act.

19 COMPETITIVE INSURANCE

20 SEC. 528A. All Agency for International Develop21 ment contracts and solicitations, and subcontracts en22 tered into under such contracts, shall include a clause re23 quiring that United States insurance companies have a

24 fair opportunity to bid for insurance when such insurance

25 is necessary or appropriate.
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1 STINGERS IN THE PERSIAN GULF REGION

2 SEC. 529. Except as provided in section 581 of

3 the Foreign Operations, Export Financing, and Related

4 Programs Appropriations Act, 1990, the United States

5 may not sell or otherwise make available any Stingers to

6 any country bordering the Persian Gulf under the Arms

7 Export Control Act or chapter 2 of part II of the Foreign

8 Assistance Act of 1961.

9 DEBT-FOR-DEVELOPMENT

10 SEC. 530. In order to enhance the continued par11 ticipation of nongovernmental organizations in economic

12 assistance activities under the Foreign Assistance Act of

13 1961, including endowments, debt-for-development and

14 debt-for-nature exchanges, a nongovernmental organiza15 tion which is a grantee or contractor of the Agency for

16 International Development may place in interest bearing

17 accounts funds made available under this Act or prior

18 Acts or local currencies which accrue to that organization

19 as a result of economic assistance provided under title II

20 of this Act and any interest earned on such investment

21 shall be used for the purpose for which the assistance

22 was provided to that organization.

23 SEPARATE ACCOUNTS

24 SEC. 531. (a) SEPARATE ACCOUNTS FOR LOCAL

25 CURRENCIES.—(1) If assistance is furnished to the gov26 ernment of a foreign country under chapters 1 and 10 of
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1 part I or chapter 4 of part II of the Foreign Assistance

2 Act of 1961 under agreements which result in the gen3 eration of local currencies of that country, the Adminis4 trator of the Agency for International Development

5 shall—

6 (A) require that local currencies be deposited in

7 a separate account established by that government;

8 (B) enter into an agreement with that govern9 ment which sets forth—

10 (i) the amount of the local currencies to be

11 generated, and

12 (ii) the terms and conditions under which

13 the currencies so deposited may be utilized, con14 sistent with this section; and

15 (C) establish by agreement with that govern16 ment the responsibilities of the Agency for Inter17 national Development and that government to mon18 itor and account for deposits into and disbursements

19 from the separate account.

20 (2) USES OF LOCAL CURRENCIES.—As may be

21 agreed upon with the foreign government, local currencies

22 deposited in a separate account pursuant to subsection

23 (a), or an equivalent amount of local currencies, shall be

24 used only—
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1 (A) to carry out chapters 1 or 10 of part I or

2 chapter 4 of part II (as the case may be), for such

3 purposes as—

4 (i) project and sector assistance activities,

5 or

6 (ii) debt and deficit financing, or

7 (B) for the administrative requirements of the

8 United States Government.

9 (3) PROGRAMMING ACCOUNTABILITY.—The Agen10 cy for International Development shall take all necessary

11 steps to ensure that the equivalent of the local currencies

12 disbursed pursuant to subsection (a)(2)(A) from the sep13 arate account established pursuant to subsection (a)(1)

14 are used for the purposes agreed upon pursuant to sub15 section (a)(2).

16 (4) TERMINATION OF ASSISTANCE PROGRAMS.—

17 Upon termination of assistance to a country under chap18 ters 1 or 10 of part I or chapter 4 of part II (as the case

19 may be), any unencumbered balances of funds which re20 main in a separate account established pursuant to sub21 section (a) shall be disposed of for such purposes as may

22 be agreed to by the government of that country and the

23 United States Government.

24 (5) CONFORMING AMENDMENTS.—The provisions

25 of this subsection shall supersede the tenth and eleventh
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1 provisos contained under the heading ‘‘Sub-Saharan Afri2 ca, Development Assistance’’ as included in the Foreign

3 Operations, Export Financing, and Related Programs

4 Appropriations Act, 1989 and sections 531(d) and 609 of

5 the Foreign Assistance Act of 1961.

6 (6) REPORTING REQUIREMENT.—The Adminis7 trator of the Agency for International Development shall

8 report on an annual basis as part of the justification doc9 uments submitted to the Committees on Appropriations

10 on the use of local currencies for the administrative re11 quirements of the United States Government as author12 ized in subsection (a)(2)(B), and such report shall in13 clude the amount of local currency (and United States

14 dollar equivalent) used and/or to be used for such pur15 pose in each applicable country.

16 (b) SEPARATE ACCOUNTS FOR CASH TRANS17 FERS.—(1) If assistance is made available to the govern18 ment of a foreign country, under chapters 1 or 10 of part

19 I or chapter 4 of part II of the Foreign Assistance Act

20 of 1961, as cash transfer assistance or as nonproject sec21 tor assistance, that country shall be required to maintain

22 such funds in a separate account and not commingle

23 them with any other funds.

24 (2) APPLICABILITY OF OTHER PROVISIONS OF

25 LAW.—Such funds may be obligated and expended not-
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1 withstanding provisions of law which are inconsistent

2 with the nature of this assistance including provisions

3 which are referenced in the Joint Explanatory Statement

4 of the Committee of Conference accompanying House

5 Joint Resolution 648 (H. Report No. 98–1159).

6 (3) NOTIFICATION.—At lest fifteen days prior to

7 obligating any such cash transfer or nonproject sector as8 sistance, the President shall submit a notification

9 through the regular notification procedures of the Com10 mittees on Appropriations, which shall include a detailed

11 description of how the funds proposed to be made avail12 able will be used, with a discussion of the United States

13 interests that will be served by the assistance (including,

14 as appropriate, a description of the economic policy re15 forms that will be promoted by such assistance).

16 (4) EXEMPTION.—Nonproject sector assistance

17 funds may be exempt from the requirements of sub18 section (b)(1) only through the notification procedures of

19 the Committees on Appropriations.

20 COMPENSATION FOR UNITED STATES EXECUTIVE DIREC21 TORS TO INTERNATIONAL FINANCING INSTITUTIONS

22 SEC. 532. (a) No funds appropriated by this Act

23 may be made as payment to any international financial

24 institution while the United States Executive Director to

25 such institution is compensated by the institution at a

26 rate which, together with whatever compensation such
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1 Director receives from the United States, is in excess of

2 the rate provided for an individual occupying a position

3 at level IV of the Executive Schedule under section 5315

4 of title 5, United States Code, or while any alternate

5 United States Director to such institution is compensated

6 by the institution at a rate in excess of the rate provided

7 for an individual occupying a position at level V of the

8 Executive Schedule under section 5316 of title 5, United

9 States Code.

10 (b) For purposes of this section, ‘‘international fi11 nancial institutions’’ are: the International Bank for Re12 construction and Development, the Inter-American Devel13 opment Bank, the Asian Development Bank, the Asian

14 Development Fund, the African Development Bank, the

15 African Development Fund, the International Monetary

16 Fund, the North American Development Bank, and the

17 European Bank for Reconstruction and Development.

18 COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST

19 IRAQ

20 SEC. 533. (a) DENIAL OF ASSISTANCE.—None of

21 the funds appropriated or otherwise made available pur22 suant to this Act to carry out the Foreign Assistance Act

23 of 1961 (including title IV of chapter 2 of part I, relating

24 to the Overseas Private Investment Corporation) or the

25 Arms Export Control Act may be used to provide assist26 ance to any country that is not in compliance with the
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1 United Nations Security Council sanctions against Iraq,

2 Serbia or Montenegro unless the President determines

3 and so certifies to the Congress that—

4 (1) such assistance is in the national interest of

5 the United States;

6 (2) such assistance will directly benefit the

7 needy people in that country; or

8 (3) the assistance to be provided will be human9 itarian assistance for foreign national who have fled

10 Iraq and Kuwait.

11 (b) IMPORT SANCTIONS.—If the President consid12 ers that the taking of such action would promote the ef13 fectiveness of the economic sanctions of the United Na14 tions and the United States imposed with respect to Iraq,

15 Serbia, or Montenegro, as the case may be, and is con16 sistent with the national interest, the President may pro17 hibit, for such a period of time as he considers appro18 priate, the importation into the United States of any or

19 all products of any foreign country that has not prohib20 ited—

21 (1) the importation of products of Iraq, Serbia,

22 or Montenegro into its customs territory, and

23 (2) the export of its products to Iraq, Serbia,

24 or Montenegro, as the case may be.
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1 COMPETITIVE PRICING FOR SALES OF DEFENSE

2 ARTICLES

3 SEC. 533A. Direct costs associated with meeting

4 a foreign customer’s additional or unique requirements

5 will continue to be allowable under contracts under sec6 tion 22(d) of the Arms Export Control Act. Loadings ap7 plicable to such direct costs shall be permitted at the

8 same rates applicable to procurement of like items pur9 chased by the Department of Defense for its own use.

10 POW/MIA MILITARY DRAWDOWN

11 SEC. 534. (a) Notwithstanding any other provi12 sion of law, the President may direct the drawdown,

13 without reimbursement by the recipient, of defense arti14 cles from the stocks of the Department of Defense, de15 fense services of the Department of Defense, and military

16 education and training, of an aggregate value not to ex17 ceed $15,000,000 in fiscal year 1997, as may be nec18 essary to carry out subsection (b).

19 (b) Such defense articles, services and training

20 may be provided to Vietnam, Cambodia and Laos, under

21 subsection (a) as the President determines are necessary

22 to support efforts to locate and repatriate members of the

23 United States Armed Forces and civilians employed di24 rectly or indirectly by the United States Government who

25 remain unaccounted for from the Vietnam War, and to

26 ensure the safety of United States Government personnel
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1 engaged in such cooperative efforts and to support Unit2 ed States Department of Defense-sponsored humani3 tarian projects associated with the POW/MIA efforts.

4 Any aircraft shall be provided under this section only to

5 Laos and only on a lease or loan basis, but may be pro6 vided at no cost notwithstanding section 61 of the Arms

7 Export Control Act and may be maintained with defense

8 articles, services and training provided under this section.

9 (c) The President shall, within sixty days of the

10 end of any fiscal year in which the authority of sub11 section (a) is exercised, submit a report to the Congress

12 which identifies the articles, services, and training drawn

13 down under this section.

14 MEDITERRANEAN EXCESS DEFENSE ARTICLES

15 SEC. 535. For the four-year period beginning on

16 October 1, 1996, the President shall ensure that excess

17 defense articles will be made available under section 516

18 and 519 of the Foreign Assistance Act of 1961 consistent

19 with the manner in which the President made available

20 excess defense articles under those sections during the

21 four-year period that began on October 1, 1992, pursu22 ant to section 573(e) of the Foreign Operations, Export

23 Financing, Related Programs Appropriations Act, 1990.

24 CASH FLOW FINANCING

25 SEC. 536. For each country that has been ap26 proved for cash flow financing (as defined in section
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1 25(d) of the Arms Export Control Act, as added by sec2 tion 112(b) of Public Law 99–83) under the Foreign

3 Military Financing Program, any Letter of Offer and Ac4 ceptance or other purchase agreement, or any amend5 ment thereto, for a procurement in excess of

6 $100,000,000 that is to be financed in whole or in part

7 with funds made available under this Act shall be submit8 ted through the regular notification procedures to the

9 Committees on Appropriations.

10 AUTHORITIES FOR THE PEACE CORPS, THE INTER-AMER11 ICAN FOUNDATION AND THE AFRICAN DEVELOP12 MENT FOUNDATION

13 SEC. 537. Unless expressly provided to the con14 trary, provisions of this or any other Act, including provi15 sions contained in prior Acts authorizing or making ap16 propriations for foreign operations, export financing, and

17 related programs, shall not be construed to prohibit ac18 tivities authorized by or conducted under the Peace Corp

19 Act, the Inter-American Foundation Act, or the African

20 Development Foundation Act. The appropriate agency

21 shall promptly report to the Committees on Appropria22 tions whenever it is conducting activities or is proposing

23 to conduct activities in a country for which assistance is

24 prohibited.
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1 IMPACT ON JOBS IN THE UNITED STATES

2 SEC. 538. None of the funds appropriated by this

3 Act may be obligated or expended to provide—

4 (a) any financial incentive to a business enter5 prise currently located in the United States for the

6 purpose of inducing such an enterprise to relocate

7 outside the United States if such incentive or in8 ducement is likely to reduce the number of employ9 ees of such business enterprise in the United States

10 because United States production is being replaced

11 by such enterprise outside the United States;

12 (b) assistance for the purpose of establishing or

13 developing in a foreign country any export process14 ing zone or designated area in which the tax, tariff,

15 labor, environment, and safety laws of that country

16 do not apply, in part or in whole, to activities car17 ried out within that zone or area, unless the Presi18 dent determines and certifies that such assistance is

19 not likely to cause a loss of jobs within the United

20 States; or

21 (c) assistance for any project or activity that

22 contributes to the violation of internationally recog23 nized workers rights, as defined in section 502(a)(4)

24 of the Trade Act of 1974, of workers in the recipient

25 country, including any designated zone or area in
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1 that country: Provided, That in recognition that the

2 application of this subsection should be commensu3 rate with the level of development of the recipient

4 country and sector, the provisions of this subsection

5 shall not preclude assistance for the informal sector

6 in such country, micro and small-scale enterprise,

7 and smallholder agriculture.

8 AUTHORITY TO ASSIST BOSNIA AND HERZEGOVINA

9 SEC. 539. (a) The President is authorized to di10 rect the transfer, subject to prior notification of the Com11 mittees on Appropriations, to the Government of Bosnia

12 and Herzegovina, without reimbursement of defense arti13 cles from the stocks of the Department of Defense and

14 defense services of the Department of Defense of an ag15 gregate value of not to exceed $100,000,000 in fiscal

16 years 1996 and 1997: Provided, That the President cer17 tifies in a timely fashion to the Congress that the trans18 fer of such articles would assist that nation in self-de19 fense and thereby promote the security and stability of

20 the region.

21 (b) Within 60 days of any transfer under the au22 thority provided in subsection (a), and every 60 days

23 thereafter, the President shall report in writing to the

24 Speaker of the House of Representatives and the Presi25 dent pro tempore of the Senate concerning the articles

26 transferred and the disposition thereof.
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1 (c) There are authorized to be appropriated to the

2 President such sums as may be necessary to reimburse

3 the applicable appropriation, fund, or account for defense

4 articles provided under this section.

5 RESTRICTIONS ON THE TERMINATION OF SANCTIONS

6 AGAINST SERBIA AND MONTENEGRO

7 SEC. 540. (a) RESTRICTIONS.—Notwithstanding

8 any other provision of law, no sanction, prohibition, or re9 quirement described in section 1511 of the National De10 fense Authorization Act for Fiscal Year 1994 (Public

11 Law 103–160), with respect to Serbia or Montenegro,

12 may cease to be effective, unless—

13 (1) the President first submits to the Congress

14 a certification described in subsection (b); and

15 (2) the requirements of section 1511 of that

16 Act are met.

17 (b) CERTIFICATION.—A certification described in

18 this subsection is a certification that—

19 (1) there is substantial progress toward—

20 (A) the realization of a separate identity

21 for Kosova and the right of the people of

22 Kosova to govern themselves; or

23 (B) the creation of an international protec24 torate for Kosova;

25 (2) there is substantial improvement in the

26 human rights situation in Kosova;
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1 (3) international human rights observers are al2 lowed to return to Kosova; and

3 (4) the elected government of Kosova is per4 mitted to meet and carry out its legitimate mandate

5 as elected representatives of the people of Kosova.

6 (c) WAIVER AUTHORITY.—The President may

7 waive the application in whole or in part, of subsection

8 (a) if the President certifies to the Congress that the

9 President has determined that the waiver is necessary to

10 meet emergency humanitarian needs or to achieve a nego11 tiated settlement of the conflict in Bosnia and

12 Herzegovina that is acceptable to the parties.

13 SPECIAL AUTHORITIES

14 SEC. 541. (a) Funds appropriated in title II of

15 this Act that are made available for Afghanistan, Leb16 anon, and Cambodia, and for victims of war, displaced

17 children, displaced Burmese, humanitarian assistance for

18 Romania, and humanitarian assistance for the peoples of

19 Bosnia and Herzegovina, Croatia, and Kosova, may be

20 made available notwithstanding any other provision of

21 law: Provided, That any such funds that are made avail22 able for Cambodia shall be subject to the provisions of

23 section 531(c) of the Foreign Assistance Act of 1961 and

24 section 906 of the International Security and Develop25 ment Cooperation Act of 1985: Provided further, That

26 none of the funds appropriated by this Act may be made
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1 available for assistance for any country or organization

2 that the Secretary of State determines is cooperating,

3 tactically or strategically, with the Khmer Rouge in their

4 military operations, or to the military of any country that

5 is not acting vigorously to prevent its members from fa6 cilitating the export of timber from Cambodia by the

7 Khmer Rouge: Provided further, That the Secretary of

8 State shall submit a report to the Committees on Appro9 priations by February 1, 1997, on whether there are any

10 countries, organizations, or militaries for which assist11 ance is prohibited under the previous proviso, the basis

12 for such conclusions and, if appropriate, the steps being

13 taken to terminate assistance: Provided further, That the

14 prohibition on assistance to the military of any country

15 that is not acting vigorously to prevent its members from

16 facilitating the export of timber from Cambodia by the

17 Khmer Rouge may be waived by the President if he de18 termines and reports to the Committees on Appropria19 tions that is is important to the national security interest

20 of the United States to do so.

21 (b) Funds appropriated by this Act to carry out

22 the provisions of sections 103 through 106 of the Foreign

23 Assistance Act of 1961 may be used, notwithstanding any

24 other provision of law, for the purpose of supporting

25 tropical forestry and energy programs aimed at reducing
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1 emissions of greenhouse gases, and for the purpose of

2 supporting biodiversity conservation activities: Provided,

3 That such assistance shall be subject to sections 116,

4 502B, and 620A of the Foreign Assistance Act of 1961.

5 (c) During fiscal year 1997, the President may

6 use up to $40,000,000 under the authority of section 451

7 of the Foreign Assistance Act of 1961, notwithstanding

8 the funding ceiling contained in subsection (a) of that

9 section.

10 (d) The Agency for International Development

11 may employ personal services contractors, notwithstand12 ing any other provision of law, for the purpose of admin13 istering programs for the West Bank and Gaza.

14 POLICY ON TERMINATING THE ARAB LEAGUE BOYCOTT

15 OF ISRAEL

16 SEC. 542. It is the sense of the Congress that—

17 (1) the Arab League countries should imme18 diately and publicly renounce the primary boycott of

19 Israel and the secondary and tertiary boycott of

20 American firms that have commercial ties with Is21 rael; and

22 (2) the President should—

23 (A) take more concrete steps to encourage

24 vigorously Arab League countries to renounce

25 publicly the primary boycotts of Israel and the

26 secondary and tertiary boycotts of American
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1 firms that have commercial relations with Israel

2 as a confidence-building measure;

3 (B) take into consideration the participa4 tion of any recipient country in the primary

5 boycott of Israel and the secondary and tertiary

6 boycotts of American firms that have commer7 cial relations with Israel when determining

8 whether to sell weapons to said county;

9 (C) report to Congress on the specific

10 steps being taken by the President to bring

11 about a public renunciation of the Arab primary

12 boycott of Israel and the secondary and tertiary

13 boycotts of American firms that have commer14 cial relations with Israel; and

15 (D) encourage the allies and trading part16 ners of the United States to enact laws prohib17 iting businesses from complying with the boy18 cott and penalizing businesses that do comply.

19 ANTI-NARCOTICS ACTIVITIES

20 SEC. 543. (a) Of the funds appropriated or other21 wise made available by this Act for ‘‘Economic Support

22 Fund’’, assistance may be provided to strengthen the ad23 ministration of justice in countries in Latin America and

24 the Caribbean and in other regions consistent with the

25 provisions of section 534(b) of the Foreign Assistance

26 Act of 1961, except that programs to enhance protection
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1 of participants in judicial cases may be conducted not2 withstanding section 660 of that Act.

3 (b) Funds made available pursuant to this section

4 may be made available notwithstanding section 534(c)

5 and the second and third sentences of section 534(e) of

6 the Foreign Assistance Act of 1961. Funds made avail7 able pursuant to subsection (a) for Bolivia, Colombia and

8 Peru may be made available notwithstanding section

9 534(c) and the second sentence of section 534(e) of the

10 Foreign Assistance Act of 1961.

11 ELIGIBILITY FOR ASSISTANCE

12 SEC. 544. (a) ASSISTANCE THROUGH NON13 GOVERNMENTAL ORGANIZATIONS.—Restrictions con14 tained in this or any other Act with respect to assistance

15 for a country shall not be construed to restrict assistance

16 in support of programs of nongovernmental organizations

17 from funds appropriated by this Act to carry out the pro18 visions of chapters 1 and 10 of part I of the Foreign As19 sistance Act of 1961: Provided, That the President shall

20 take into consideration, in any case in which a restriction

21 on assistance would be applicable but for this subsection,

22 whether assistance in support of programs of nongovern23 mental organizations is in the national interest of the

24 United States: Provided further, That before using the

25 authority of this subsection to furnish assistance in sup26 port of programs of nongovernmental organizations, the
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1 President shall notify the Committees on Appropriations

2 under the regular notification procedures of those com3 mittees, including a description of the program to be as4 sisted, the assistance to be provided, and the reasons for

5 furnishing such assistance: Provided further, That noth6 ing in this subsection shall be construed to alter any ex7 isting statutory prohibitions against abortion or involun8 tary sterilizations contained in this or any other Act.

9 (b) PUBLIC LAW 480.—During fiscal year 1997,

10 restrictions contained in this or any other Act with re11 spect to assistance for a country shall not be construed

12 to restrict assistance under the Agricultural Trade Devel13 opment and Assistance Act of 1954: Provided, That none

14 of the funds appropriated to carry out title I of such Act

15 and made available pursuant to this subsection may be

16 obligated or expended except as provided through the reg17 ular notification procedures of the Committees on Appro18 priations.

19 (c) EXCEPTION.—This section shall not apply—

20 (1) with respect to section 620A of the Foreign

21 Assistance Act or any comparable provision of law

22 prohibiting assistance to countries that support

23 international terrorism; or

24 (2) with respect to section 116 of the Foreign

25 Assistance Act of 1961 or any comparable provision
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1 of law prohibiting assistance to countries that violate

2 internationally recognized human rights.

3 EARMARKS

4 SEC. 544A. (a) Funds appropriated by this Act

5 which are earmarked may be reprogrammed for other

6 programs within the same account notwithstanding the

7 earmark if compliance with the earmark is made impos8 sible by operation of any provision of this or any other

9 Act or, with respect to a country with which the United

10 States has an agreement providing the United States

11 with base rights or base access in that country, if the

12 President determines that the recipient for which funds

13 are earmarked has significantly reduced its military or

14 economic cooperation with the United States since enact15 ment of the Foreign Operations, Export Financing, and

16 Related Programs Appropriations Act, 1991; however,

17 before exercising the authority of this subsection with re18 gard to a base rights or base access country which has

19 significantly reduced its military or economic cooperation

20 with the United States, the President shall consult with,

21 and shall provide a written policy justification to the

22 Committees on Appropriations: Provided, That any such

23 reprogramming shall be subject to the regular notifica24 tion procedures of the Committees on Appropriations:

25 Provided further, That assistance that is reprogrammed
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1 pursuant to this subsection shall be made available under

2 the same terms and conditions as originally provided.

3 (b) In addition to the authority contained in sub4 section (a), the original period of availability of funds ap5 propriated by this Act and administered by the Agency

6 for International Development that are earmarked for

7 particular programs or activities by this or any other Act

8 shall be extended for an additional fiscal year if the Ad9 ministrator of such agency determines and reports

10 promptly to the Committees on Appropriations that the

11 termination of assistance to a country or a significant

12 change in circumstances makes it unlikely that such ear13 marked funds can be obligated during the original period

14 of availability: Provided, That such earmarked funds that

15 are continued available for an additional fiscal year shall

16 be obligated only for the purpose of such earmark.

17 CEILINGS AND EARMARKS

18 SEC. 545. Ceilings and earmarks contained in this

19 Act shall not be applicable to funds or authorities appro20 priated or otherwise made available by any subsequent

21 Act unless such Act specifically so directs.

22 PROHIBITION ON PUBLICITY OR PROPAGANDA

23 SEC. 546. No part of any appropriation contained

24 in this Act shall be used for publicity or propaganda pur25 poses within the United States not authorized before the

26 date of enactment of this Act by the Congress: Provided,
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1 That not to exceed $750,000 may be made available to

2 carry out the provisions of section 316 of Public Law 96–

3 533.

4 USE OF AMERICAN RESOURCES

5 SEC. 547. To the maximum extent possible, as6 sistance provided under this Act should make full use of

7 American resources, including commodities, products,

8 and services.

9 PROHIBITION OF PAYMENTS TO UNITED NATIONS

10 MEMBERS

11 SEC. 548. None of the funds appropriated or

12 made available pursuant to this Act for carrying out the

13 Foreign Assistance Act of 1961, may be used to pay in

14 whole or in part any assessments, arrearages, or dues of

15 any member of the United Nations.

16 CONSULTING SERVICES

17 SEC. 549. The expenditure of any appropriation

18 under this Act for any consulting service through pro19 curement contract, pursuant to section 3109 of title 5,

20 United States Code, shall be limited to those contracts

21 where such expenditures are a matter of public record

22 and available for public inspection, except where other23 wise provided under existing law, or under existing Exec24 utive order pursuant to existing law.
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1 PRIVATE VOLUNTARY ORGANIZATIONS—DOCUMENTATION

2 SEC. 550. None of the funds appropriated or

3 made available pursuant to this Act shall be available to

4 a private voluntary organization which fails to provide

5 upon timely request any document, file, or record nec6 essary to the auditing requirements of the Agency for

7 International Development.

8 PROHIBITION ON ASSISTANCE TO FOREIGN GOVERN9 MENTS THAT EXPORT LETHAL MILITARY EQUIP10 MENT TO COUNTRIES SUPPORTING INTERNATIONAL

11 TERRORISM

12 SEC. 551. (a) None of the funds appropriated or

13 otherwise made available by this Act may be available to

14 any foreign government which provides lethal military

15 equipment to a country the government of which the Sec16 retary of State has determined is a terrorist government

17 for purposes of section 40(d) of the Arms Export Control

18 Act. The prohibition under this section with respect to a

19 foreign government shall terminate 12 months after that

20 government ceases to provide such military equipment.

21 This section applies with respect to lethal military equip22 ment provided under a contract entered into after the

23 date of enactment of this Act.

24 (b) Assistance restricted by subsection (a) or any

25 other similar provision of law, may be furnished if the
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1 President determines that furnishing such assistance is

2 important to the national interests of the United States.

3 (c) Whenever the waiver of subsection (b) is exer4 cised, the President shall submit to the appropriate con5 gressional committees a report with respect to the fur6 nishing of such assistance. Any such report shall include

7 a detailed explanation of the assistance to be provided,

8 including the estimated dollar amount of such assistance,

9 and an explanation of how the assistance furthers United

10 States national interests.

11 WITHHOLDING OF ASSISTANCE FOR PARKING FINES

12 OWED BY FOREIGN COUNTRIES

13 SEC. 552. (a) IN GENERAL.—Of the funds made

14 available for a foreign country under part I of the For15 eign Assistance Act of 1961, an amount equivalent to

16 110 percent of the total unpaid fully adjudicated parking

17 fines and penalties owed to the District of Columbia by

18 such country as of the date of enactment of this Act shall

19 be withheld from obligation for such country until the

20 Secretary of State certifies and reports in writing to the

21 appropriate congressional committees that such fines and

22 penalties are fully paid to the government of the District

23 of Columbia.

24 (b) DEFINITION.—For purposes of this section,

25 the term ‘‘appropriate congressional committees’’ means

26 the Committee on Foreign Relations and the Committee
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1 on Appropriations of the Senate and the Committee on

2 International Relations and the Committee on Appropria3 tions of the House of Representatives.

4 LIMITATION ON ASSISTANCE FOR THE PLO FOR THE

5 WEST BANK AND GAZA

6 SEC. 553. None of the funds appropriated by this

7 Act may be obligated for assistance for the Palestine Lib8 eration Organization for the West Bank and Gaza unless

9 the President has exercised the authority under section

10 604(a) of the Middle East Peace Facilitation Act of 1995

11 (title VI of Public Law 104–107) or any other legislation

12 to suspend or make inapplicable section 307 of the For13 eign Assistance Act of 1961 and that suspension is still

14 in effect: Provided, That if the President fails to make

15 the certification under section 604(b)(2) of the Middle

16 East Peace Facilitation Act of 1995 or to suspend the

17 prohibition under other legislation, funds appropriated by

18 this Act may not be obligated for assistance for the Pal19 estine Liberation Organization for the West Bank and

20 Gaza.

21 EXPORT FINANCING TRANSFER AUTHORITIES

22 SEC. 554. Not to exceed 5 percent of any appro23 priation other than for administrative expenses made

24 available for fiscal year 1997 for programs under title I

25 of this Act may be transferred between such appropria26 tions for use for any of the purposes, programs and ac-
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1 tivities for which the funds in such receiving account may

2 be used, but no such appropriation, except as otherwise

3 specifically provided, shall be increased by more than 25

4 percent by any such transfer: Provided, That the exercise

5 of such authority shall be subject to the regular notifica6 tion procedures of the Committees on Appropriations.

7 WAR CRIMES TRIBUNALS

8 SEC. 555. If the President determines that doing

9 so will contribute to a just resolution of charges regard10 ing genocide or other violations of international humani11 tarian law, the President may direct a drawdown pursu12 ant to section 552(c) of the Foreign Assistance Act of

13 1961, as amended, of up to $25,000,000 of commodities

14 and services for the United Nations War Crimes Tribunal

15 established with regard to the former Yugoslavia by the

16 United Nations Security Council or such other tribunals

17 or commissions as the Council may establish to deal with

18 such violations, without regard to the ceiling limitation

19 contained in paragraph (2) thereof: Provided, That the

20 determination required under this section shall be in lieu

21 of any determinations otherwise required under section

22 552(c): Provided further, That 60 days after the date of

23 enactment of this Act, and every 180 days thereafter, the

24 Secretary of State shall submit a report to the Commit25 tees on Appropriations describing the steps the United

26 States Government is taking to collect information re-
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1 garding allegations of genocide or other violations of

2 international law in the former Yugoslavia and to furnish

3 that information to the United Nations War Crimes Tri4 bunal for the former Yugoslavia.

5 LANDMINES

6 SEC. 556. Notwithstanding any other provision of

7 law, demining equipment available to the Agency for

8 International Development and the Department of State

9 and used in support of the clearing of landmines and

10 unexploded ordnance for humanitarian purposes may be

11 disposed of on a grant basis in foreign countries, subject

12 to such terms and conditions as the President may pre13 scribe: Provided, That section 1365(c) of the National

14 Defense Authorization Act for Fiscal Year 1993 (Public

15 Law 102–484; 22 U.S.C., 2778 note) is amended by

16 striking out ‘‘During the five-year period beginning on

17 October 23, 1992’’ and inserting in lieu thereof ‘‘During

18 the eight-year period beginning on October 23, 1992’’.

19 RESTRICTIONS CONCERNING THE PALESTINIAN

20 AUTHORITY

21 SEC. 557. None of the funds appropriated by this

22 Act may be obligated or expended to create in any part

23 of Jerusalem a new office of any department or agency

24 of the United States Government for the purpose of con25 ducting official United States Government business with

26 the Palestinian Authority over Gaza and Jericho or any
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1 successor Palestinian governing entity provided for in the

2 Israel-PLO Declaration of Principles: Provided, That this

3 restriction shall not apply to the acquisition of additional

4 space for the existing Consulate General in Jerusalem:

5 Provided further, That meetings between officers and em6 ployees of the United States and officials of the Palestin7 ian Authority, or any successor Palestinian governing en8 tity provided for in the Israel-PLO Declaration of Prin9 ciples, for the purpose of conducting official United

10 States Government business with such authority should

11 continue to take place in locations other than Jerusalem.

12 As has been true in the past, officers and employees of

13 the United States Government may continue to meet in

14 Jerusalem on other subjects with Palestinians (including

15 those who now occupy positions in the Palestinian Au16 thority), have social contacts, and have incidental discus17 sions.

18 PROHIBITION OF PAYMENT OF CERTAIN EXPENSES

19 SEC. 558. None of the funds appropriated or oth20 erwise made available by this Act under the heading

21 ‘‘INTERNATIONAL MILITARY EDUCATION AND TRAINING’’

22 or ‘‘FOREIGN MILITARY FINANCING PROGRAM’’ for Infor23 mational Program activities may be obligated or ex24 pended to pay for—

25 (1) alcoholic beverages;
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1 (2) food (other than food provided at a military

2 installation) not provided in conjunction with Infor3 mational Program trips where students do not stay

4 at a military installation; or

5 (3) entertainment expenses for activities that

6 are substantially of a recreational character, includ7 ing entrance fees at sporting events and amusement

8 parks.

9 HUMANITARIAN CORRIDORS

10 SEC. 559. The Foreign Assistance Act of 1961 is

11 amended by adding immediately after section 620H the

12 following new section:

13 ‘‘SEC. 620I. PROHIBITION ON ASSISTANCE TO

14 COUNTRIES THAT RESTRICT UNITED STATES HUMANI15 TARIAN ASSISTANCE.—

16 ‘‘(a) IN GENERAL.—No assistance shall be fur17 nished under this Act or the Arms Export Control

18 Act to any country when it is made known to the

19 President that the government of such country pro20 hibits or otherwise restricts, directly or indirectly,

21 the transport or delivery of United States humani22 tarian assistance.

23 ‘‘(b) EXCEPTION.—Assistance may be furnished

24 without regard to the restriction in subsection (a) if

25 the President determines that to do so is in the na26 tional security interest of the United States.
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1 ‘‘(c) NOTICE.—Prior to making any determina2 tion under subsection (b), the President shall notify

3 the Committee on International Relations, the Com4 mittee on Foreign Relations, and the Committees on

5 Appropriations of the Senate and House of Rep6 resentatives of his intention to make such a deter7 mination, the effective date of the determination,

8 and the reasons for making the determination.’’.

9 EQUITABLE ALLOCATION OF FUNDS

10 SEC. 560. Not more than 20 percent of the funds

11 appropriated by this Act to carry out the provisions of

12 sections 103 through 106 and chapter 4 of part II of the

13 Foreign Assistance Act of 1961, that are made available

14 for Latin America and the Caribbean region may be

15 made available, through bilateral and Latin America and

16 the Caribbean regional programs, to provide assistance

17 for any country in such region.

18 PURCHASE OF AMERICAN-MADE EQUIPMENT AND

19 PRODUCTS

20 SEC. 561. (a) SENSE OF CONGRESS.—It is the

21 sense of the Congress that, to the greatest extent prac22 ticable, all equipment and products purchased with funds

23 made available in this Act should be American-made.

24 (b) NOTICE REQUIREMENT.—In providing finan25 cial assistance to, or entering into any contract with, any

26 entity using funds made available in this Act, the head
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1 of each Federal agency, to the greatest extent prac2 ticable, shall provide to such entity a notice describing

3 the statement made in subsection (a) by the Congress.

4 LIMITATION OF FUNDS FOR NORTH AMERICAN

5 DEVELOPMENT BANK

6 SEC. 562. None of the Funds appropriated in this

7 Act under the heading ‘‘North American Development

8 Bank’’ and made available for the Community Adjust9 ment and Investment Program shall be used for purposes

10 other than those set out in the binational agreement es11 tablishing the Bank.

12 INTERNATIONAL DEVELOPMENT ASSOCIATION

13 SEC. 563. In order to pay for the United States

14 contribution to the tenth replenishment of the resources

15 of the International Development Association authorized

16 in section 526 of Public Law 103–87, there is authorized

17 to be appropriated, without fiscal year limitation,

18 $700,000,000 for payment by the Secretary of the Treas19 ury.

20 SPECIAL DEBT RELIEF FOR THE POOREST

21 SEC. 564. (a) AUTHORITY TO REDUCE DEBT.—

22 The President may reduce amounts owed to the United

23 States (or any agency of the United States) by an eligible

24 country as a result of—

25 (1) guarantees issued under sections 221 and

26 222 of the Foreign Assistance Act of 1961; or
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1 (2) credits extended or guarantees issued under

2 the Arms Export Control Act.

3 (b) LIMITATIONS.—

4 (1) The authority provided by subsection (a)

5 may be exercised only to implement multilateral offi6 cial debt relief and referendum agreements, com7 monly referred to as ‘‘Paris Club Agreed Minutes’’.

8 (2) The authority provided by subsection (a)

9 may be exercised only in such amounts or to such

10 extent as is provided in advance by appropriations

11 Acts.

12 (3) The authority provided by subsection (a)

13 may be exercised only with respect to countries with

14 heavy debt burdens that are eligible to borrow from

15 the International Development Association, but not

16 from the International Bank for Reconstruction and

17 Development, commonly referred to as ‘‘IDA-only’’

18 countries.

19 (c) CONDITIONS.—The authority provided by sub20 section (a) may be exercised only with respect to a coun21 try whose government—

22 (1) does not have an excessive level of military

23 expenditures;

24 (2) has not repeatedly provided support for acts

25 of international terrorism;
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1 (3) is not failing to cooperate on international

2 narcotics control matters;

3 (4) (including its military or other security

4 forces) does not engage in a consistent pattern of

5 gross violations of internationally recognized human

6 rights; and

7 (5) is not ineligible for assistance because of the

8 application of section 527 of the Foreign Relations

9 Authorization Act, fiscal years 1994 and 1995.

10 (d) AVAILABILITY OF FUNDS.—The authority

11 provided by subsection (a) may be used only with regard

12 to funds appropriated by this Act under the heading

13 ‘‘Debt restructuring’’.

14 (e) CERTAIN PROHIBITIONS INAPPLICABLE.—A

15 reduction of debt pursuant to subsection (a) shall not be

16 considered assistance for purposes of any provision of law

17 limiting assistance to a country. The authority provided

18 by subsection (a) may be exercised notwithstanding sec19 tion 620(r) of the Foreign Assistance Act of 1961.

20 AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES

21 SEC. 565. (a) LOANS ELIGIBLE FOR SALE, RE22 DUCTION, OR CANCELLATION.—

23 (1) AUTHORITY TO SELL, REDUCE, OR CANCEL

24 CERTAIN LOANS.—Notwithstanding any other provi25 sion of law, the President may, in accordance with

26 this section, sell to any eligible purchaser any
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1 concessional loan or portion thereof made before

2 January 1, 1995, pursuant to the Foreign Assist3 ance Act of 1961, to the government of any eligible

4 country as define in section 702(6) of that Act or

5 on receipt of payment from an eligible purchaser, re6 duce or cancel such loan or portion thereof, only for

7 the purpose of facilitating—

8 (A) debt-for-equity swaps, debt-for-develop9 ment swaps, or debt-for-nature swaps; or

10 (B) a debt buyback by an eligible country

11 of its own qualified debt, only if the eligible

12 country uses an additional amount of the local

13 currency of the eligible country, equal to not

14 less than 40 percent of the price paid for such

15 debt by such eligible country, or the difference

16 between the price paid for such debt and the

17 face value of such debt, to support activities

18 that link conservation and sustainable use of

19 natural resources with local community develop20 ment, and child survival and other child devel21 opment, in a manner consistent with sections

22 707 through 710 of the Foreign Assistance Act

23 of 1961, if the sale, reduction, or cancellation

24 would not contravene any term or condition of

25 any prior agreement relating to such loan.
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1 (2) TERMS AND CONDITIONS.—Notwithstanding

2 any other provision of law, the President shall, in ac3 cordance with this section, establish the terms and

4 conditions under which loans may be sold, reduced,

5 or canceled pursuant to this section.

6 (3) ADMINISTRATION.—The Facility, as defined

7 in section 702(8) of the Foreign Assistance Act of

8 1961, shall notify the administrator of the agency

9 primarily responsible for administering part I of the

10 Foreign Assistance Act of 1961 of purchasers that

11 the President has determined to be eligible, and

12 shall direct such agency to carry out the sale, reduc13 tion, or cancellation of a loan pursuant to this sec14 tion. Such agency shall make an adjustment in its

15 accounts to reflect the sale, reduction, or cancella16 tion.

17 (4) LIMITATION.—The authorities of this sub18 section shall be available only to the extent that ap19 propriations for the cost of the modification, as de20 fined in section 502 of the Congressional Budget Act

21 of 1974, are made in advance.

22 (b) DEPOSIT OF PROCEEDS.—The proceeds from

23 the sale, reduction, or cancellation of any loan sold, re24 duced, or canceled pursuant to this section shall be de-
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1 posited in the United States Government account or ac2 counts established for the repayment of such loan.

3 (c) ELIGIBLE PURCHASERS.—A loan may be sold

4 pursuant to subsection (a)(1)(A) only to a purchaser who

5 presents plans satisfactory to the President for using the

6 loan for the purpose of engaging in debt-for-equity swaps,

7 debt-for-development swaps, or debt-for-nature swaps.

8 (d) DEBTOR CONSULTATIONS.—Before the sale to

9 any eligible purchaser, or any reduction or cancellation

10 pursuant to this section, of any loan made to an eligible

11 country, the President should consult with the country

12 concerning the amount of loans to be sold, reduced, or

13 canceled and their uses for debt-for-equity swaps, debt14 for-development swaps, or debt-for-nature swaps.

15 (e) AVAILABILITY OF FUNDS.—The authority pro16 vided by subsection (a) may be used only with regard to

17 funds appropriated by this Act under the heading ‘‘Debt

18 restructuring’’.

19 LIBERIA

20 SEC. 566. Funds appropriated by this Act may be

21 made available for assistance for Liberia notwithstanding

22 section 620(q) of the Foreign Assistance Act of 1961 and

23 section 512 of this Act.

24 GUATEMALA

25 SEC. 567. (a) Funds provided in this Act may be

26 made available for the Guatemalan military forces, and
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1 the restrictions on Guatemala under the headings ‘‘Inter2 national Military Education and Training’’ and ‘‘Foreign

3 Military Financing Program’’ shall not apply, only if the

4 President determines and certifies to the Congress that

5 the Guatemalan military is cooperating fully with efforts

6 to resolve human rights abuses which elements of the

7 Guatemalan military forces are alleged to have commit8 ted, ordered or attempted to thwart the investigation of,

9 and with efforts to negotiate a peace settlement.

10 (b) The prohibition contained in subsection (a)

11 shall not apply to funds made available to implement a

12 ceasefire or peace agreement.

13 (c) Any funds made available pursuant to sub14 sections (a) or (b) shall be subject to the regular notifica15 tion procedures of the Committees on Appropriations.

16 (d) Any funds made available pursuant to sub17 sections (a) and (b) for international military education

18 and training may only be for expanded international mili19 tary education and training.

20 SANCTIONS AGAINST COUNTRIES HARBORING WAR

21 CRIMINALS

22 SEC. 568. (a) BILATERAL ASSISTANCE.—The

23 President is authorized to withhold funds appropriated by

24 this Act under the Foreign Assistance Act of 1961 or the

25 Arms Export Control Act for any country described in

26 subsection (c).
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1 (b) MULTILATERAL ASSISTANCE.—The Secretary

2 of the Treasury should instruct the United States execu3 tive directors of the international financial institutions to

4 work in opposition to, and vote against, any extension by

5 such institutions of financing or financial or technical as6 sistance to any country described in subsection (c).

7 (c) SANCTIONED COUNTRIES.—A country de8 scribed in this subsection is a country the government of

9 which knowingly grants sanctuary to persons in its terri10 tory for the purpose of evading prosecution, where such

11 persons—

12 (1) have been indicted by the International

13 Criminal Tribunal for the former Yugoslavia, the

14 International Criminal Tribunal for Rwanda, or any

15 other international tribunal with similar standing

16 under international law, or

17 (2) have been indicted for war crimes or crimes

18 against humanity committed during the period be19 ginning March 23, 1933 and ending on May 8, 1945

20 under the direction of, or in association with—

21 (A) the Nazi government of Germany;

22 (B) any government in any area occupied

23 by the military forces of the Nazi government

24 of Germany;
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1 (C) any government which was established

2 with the assistance or cooperation of the Nazi

3 government; or

4 (D) any government which was an ally of the Nazi

5 government of Germany.

6 LIMITATION ON ASSISTANCE FOR HAITI

7 SEC. 569. (a) LIMITATION.—None of the funds

8 appropriated or otherwise made available by this Act,

9 may be provided to the Government of Haiti until the

10 President reports to Congress that—

11 (1) the Government is conducting thorough in12 vestigations of extrajudicial and political killings;

13 and

14 (2) the Government is cooperating with United

15 States authorities in the investigations of political

16 and extrajudicial killings.

17 (b) Nothing in this section shall be construed to

18 restrict the provision of humanitarian, development, or

19 electoral assistance.

20 (c) The President may waive the requirements of

21 this section on a semiannual basis if he determines and

22 certifies to the appropriate committees of Congress that

23 it is in the national interest of the United States.

24 POLICY TOWARD BURMA

25 SEC. 570. (a) Until such time as the President de26 termines and certifies to Congress that Burma has made
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1 measurable and substantial progress in improving human

2 rights practices and implementing democratic govern3 ment, the following sanctions shall be imposed on Burma:

4 (1) BILATERAL ASSISTANCE.—There shall be

5 no United States assistance to the Government of

6 Burma, other than:

7 (A) humanitarian assistance,

8 (B) subject to the regular notification pro9 cedures of the Committees on Appropriations,

10 counter-narcotics assistance under chapter 8 of

11 part I of the Foreign Assistance Act of 1961,

12 or crop substitution assistance, if the Secretary

13 of State certifies to the appropriate congres14 sional committees that—

15 (i) the Government of Burma is fully

16 cooperating with United States counter17 narcotics efforts, and

18 (ii) the programs are fully consistent

19 with United States human rights concerns

20 in Burma and serve the United States na21 tional interest, and

22 (C) assistance promoting human rights

23 and democratic values.

24 (2) MULTILATERAL ASSISTANCE.—The Sec25 retary of the Treasury shall instruct the United
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1 States executive director of each international finan2 cial institution to vote against any loan or other uti3 lization of funds of the respective bank to or for

4 Burma.

5 (3) VISAS.—Except as required by treaty obli6 gations or to staff the Burmese mission to the Unit7 ed States, the United States should not grant entry

8 visas to any Burmese government official.

9 (b) CONDITIONAL SANCTIONS.—The President is

10 hereby authorized to prohibit, and shall prohibit United

11 States persons from new investment in Burma, if the

12 President determines and certifies to Congress that, after

13 the date of enactment of this Act, the Government of

14 Burma has physically harmed, rearrested for political

15 acts, or exiled Daw Aung San Suu Kyi or has committed

16 large-scale repression of or violence against the Demo17 cratic opposition.

18 (c) MULTILATERAL STRATEGY.—The President

19 shall seek to develop, in coordination with members of

20 ASEAN and other countries having major trading and

21 investment interests in Burma, a comprehensive, multi22 lateral strategy to bring democracy to and improve

23 human rights practices and the quality of life in Burma,

24 including the development of a dialogue between the
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1 State Law and Order Restoration Council (SLORC) and

2 democratic opposition groups within Burma.

3 (d) PRESIDENTIAL REPORTS.—Every six months

4 following the enactment of this Act, the President shall

5 report to the Chairmen of the Committee on Foreign Re6 lations, the Committee on International Relations and the

7 House and Senate Appropriations Committees on the fol8 lowing:

9 (1) progress toward democratization in Burma;

10 (2) progress on improving the quality of life of

11 the Burmese people, including progress on market

12 reforms, living standards, labor standards, use of

13 forced labor in the tourism industry, and environ14 mental quality; and

15 (3) progress made in developing the strategy re16 ferred to in subsection (c).

17 (e) WAIVER AUTHORITY.—The President shall

18 have the authority to waive, temporarily or permanently,

19 any sanction referred to in subsection (a) or subsection

20 (b) if he determines and certifies to Congress that the

21 application of such sanction would be contrary to the na22 tional security interests of the United States.

23 (f) DEFINITIONS.—

24 (1) The term ‘‘international financial institu25 tions’’ shall include the International Bank for Re-
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1 construction and Development, the International De2 velopment Association, the International Finance

3 Corporation, the Multilateral Investment Guarantee

4 Agency, the Asian Development Bank, and the

5 International Monetary Fund.

6 (2) The term ‘‘new investment’’ shall mean any

7 of the following activities if such an activity is un8 dertaken pursuant to an agreement, or pursuant to

9 the exercise of rights under such an agreement, that

10 is entered into with the Government of Burma or a

11 nongovernmental entity in Burma, on or after the

12 date of the certification under subsection (b):

13 (A) the entry into a contract that includes

14 the economical development of resources located

15 in Burma, or the entry into a contract provid16 ing for the general supervision and guarantee of

17 another person’s performance of such a con18 tract;

19 (B) the purchase of a share of ownership,

20 including an equity interest, in that develop21 ment;

22 (C) the entry into a contract providing for

23 the participation in royalties, earnings, or prof24 its in that development, without regard to the

25 form of the participation:
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1 Provided, That the term ‘‘new investment’’ does not

2 include the entry into, performance of, or financing

3 of a contract to sell or purchase goods, services, or

4 technology.

5 REPORT REGARDING HONG KONG

6 SEC. 571. In light of the deficiencies in reports

7 submitted to the Congress pursuant to section 301 of the

8 United States-Hong Kong Policy Act (22 U.S.C. 5731),

9 the Congress directs that the additional report required

10 to be submitted during 1997 under such section include

11 detailed information on the status of, and other develop12 ments affecting, implementation of the Sino-British Joint

13 Declaration on the Question of Hong King, including—

14 (1) the Basic Law and its consistency with the

15 Joint Declaration;

16 (2) Beijing’s plans to replace the elected legisla17 ture with an appointed body;

18 (3) the openness and fairness of the election of

19 the chief executive and the executive’s accountability

20 to the legislature;

21 (4) the treatment of political parties;

22 (5) the independence of the Judiciary and its

23 ability to exercise the power of final judgment over

24 Hong Kong law; and

25 (6) the Bill of Rights.
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1 USE OF FUNDS FOR PURCHASE OF PRODUCTS NOT MADE

2 IN AMERICA

3 SEC. 572. The Administrator of the Agency for

4 International Development shall provide a report to the

5 appropriate committees of the Congress on the ability of

6 the United States Government to implement a provision

7 of law (and on the foreign policy implications of such a

8 provision of law) which would require that United States

9 funds could be made available to the government of a for10 eign country for the purchase of any equipment or prod11 ucts only if such purchases were to occur in such foreign

12 country or the United States, and substantially similar

13 equipment and products were made in the United States

14 and available for purchase at a price that is not more

15 than 10 percent higher than that in other countries.

16 CONFLICT IN CHECHNYA

17 SEC. 573. The Secretary of State shall provide to

18 the Committees on Appropriations no later than 30 days

19 from the date of enactment of this Act a detailed report

20 on actions undertaken by the United States Government

21 to resolve the conflict in Chechnya.

22 EXTENSION OF CERTAIN ADJUDICATION PROVISIONS

23 SEC. 575. The Foreign Operations, Export Fi24 nancing, and Related Programs Appropriations Act, 1990

25 (Public Law 101–167) is amended—

26 (1) in section 599D (8 U.S.C. 1157 note)—
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1 (A) in subsection (b)(3), by striking ‘‘and

2 1996’’ and inserting ‘‘1996, and 1997’’; and

3 (B) in subsection (e), by striking out ‘‘Oc4 tober 1, 1996’’ each place it appears and insert5 ing ‘‘October 1, 1997’’; and

6 (2) in section 599E (8 U.S.C. 1255 note) in

7 subsection (b)(2), by striking out ‘‘September 30,

8 1996’’ and inserting ‘‘September 30, 1997’’.

9 TRANSPARENCY OF BUDGETS

10 SEC. 576. (a) LIMITATION.—Beginning three

11 years after the date of the enactment of this Act, the

12 Secretary of the Treasury shall instruct the United

13 States Executive Director of each international financial

14 institution to use the voice and vote of the United States

15 to oppose any loan or other utilization of the funds of

16 their respective institution, other than to address basic

17 human needs, for the government of any country which

18 the Secretary of the Treasury determines—

19 (1) does not have in place a functioning system

20 for a civilian audit of all receipts and expenditures

21 that fund activities of the armed forces and security

22 forces;

23 (2) has not provided a summary of a current

24 audit to the institution.

25 (b) DEFINITION.—For purposes of this section,

26 the term ‘‘international financial institution’’ shall in-
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1 clude the institutions identified in section 532(b) of this

2 Act.

3 GUARANTEES

4 SEC. 577. Section 251(b)(2)(G) of the Balanced

5 Budget and Emergency Deficit Control Act of 1985 is

6 amended by striking ‘‘fiscal year 1994 and 1995’’ and in7 serting in lieu thereof ‘‘fiscal years 1994, 1995, and

8 1997’’ in both places that this appears.

9 INFORMATION ON COOPERATION WITH UNITED STATES

10 ANTI-TERRORISM EFFORTS IN ANNUAL COUNTRY RE11 PORTS ON TERRORISM

12 SEC. 578. Section 140 of the Foreign Relations

13 Authorization Act, fiscal years 1988 and 1989 (22

14 U.S.C. 2656f) is amended—

15 (1) in subsection (a)—

16 (A) by striking ‘‘and’’ at the end of para17 graph (1);

18 (B) by striking the period at the end of

19 paragraph (2) and inserting a semicolon; and

20 (C) by adding at the end the following:

21 ‘‘(3) with respect to each foreign country from

22 which the United States Government has sought co23 operation during the previous five years in the inves24 tigation or prosecution of an act of international ter25 rorism against United States citizens or interests,

26 information on—
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1 ‘‘(A) the extent to which the government of

2 the foreign country is cooperating with the

3 United States Government in apprehending,

4 convicting, and punishing the individual or indi5 viduals responsible for the act; and

6 ‘‘(B) the extent to which the government

7 of the foreign country is cooperating in prevent8 ing further acts of terrorism against United

9 States citizens in the foreign country; and

10 ‘‘(4) with respect to each foreign country from

11 which the United States Government has sought co12 operation during the previous five years in the pre13 vention of an act of international terrorism against

14 such citizens or interests, the information described

15 in paragraph (3)(B).’’; and

16 (2) in subsection (c)—

17 (A) by striking ‘‘The report’’ and inserting

18 ‘‘(1) Except as provided in paragraph (2), the

19 report’’;

20 (B) by indenting the margin of paragraph

21 (1) as so designated, 2 ems; and

22 (C) by adding at the end the following:

23 ‘‘(2) If the Secretary of State determines that

24 the transmittal of the information with respect to a

25 foreign country under paragraph (3) or (4) of sub-
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1 section (a) in classified form would make more likely

2 the cooperation of the government of the foreign

3 country as specified in such paragraph, the Sec4 retary may transmit the information under such

5 paragraph in classified form.’’.

6 FEMALE GENITAL MUTILATION

7 SEC. 579. (a) LIMITATION.—Beginning 1 year

8 after the date of the enactment of this Act, the Secretary

9 of the Treasury shall instruct the United States Execu10 tive Director of each international financial institution to

11 use the voice and vote of the United States to oppose any

12 loan or other utilization of the funds of their respective

13 institution, other than to address basic human needs, for

14 the government of any country which the Secretary of the

15 Treasury determines—

16 (1) has, as a cultural custom, a known history

17 of the practice of female genital mutilation; and

18 (2) has not taken steps to implement edu19 cational programs designed to prevent the practice

20 of female genital mutilation.

21 (B) DEFINITION.—For purposes of this section,

22 the term ‘‘international financial institution’’ shall in23 clude the institutions identified in section 532(b) of this

24 Act.
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1 REQUIREMENT FOR DISCLOSURE OF FOREIGN AID IN

2 REPORT OF SECRETARY OF STATE

3 SEC. 580. (a) FOREIGN AID REPORTING RE4 QUIREMENT.—In addition to the voting practices of a

5 foreign country, the report required to be submitted to

6 Congress under section 406(a) of the Foreign Relations

7 Authorization Act fiscal years 1990 and 1991 (22 U.S.C.

8 2414a), shall include a side-by-side comparison of indi9 vidual countries’ overall support for the United States at

10 the United Nations and the amount of United States as11 sistance provided to such country in fiscal year 1996.

12 (b) UNITED STATES ASSISTANCE.—For purposes

13 of this section, the term ‘‘United States assistance’’ has

14 the meaning given the term in section 481(e)(4) of the

15 Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)(4)).

16 RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO

17 UNITED NATIONS AGENCIES

18 SEC. 581. (a) PROHIBITION ON VOLUNTARY CON19 TRIBUTIONS FOR THE UNITED NATIONS.—None of the

20 funds appropriated or otherwise made available by this

21 Act may be made available to pay any voluntary con22 tribution of the United States to the United Nations (in23 cluding the United Nations Development Program) if the

24 United Nations implements or imposes any taxation on

25 any United States persons.
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1 (b) CERTIFICATION REQUIRED FOR DISBURSE2 MENT OF FUNDS.—None of the funds appropriated or

3 otherwise made available under this Act may be made

4 available to pay any voluntary contribution of the United

5 States to the United Nations (including the United Na6 tions Development Program) unless the President cer7 tifies to the Congress 15 days in advance of such pay8 ment that the United Nations is not engaged in any ef9 fort to implement or impose any taxation on United

10 States persons in order to raise revenue for the United

11 Nations or any of its specialized agencies.

12 (c) DEFINITIONS.—As used in this section the

13 term ‘‘United States person’’ refers to—

14 (1) a natural person who is a citizen or national

15 of the United States; or

16 (2) a corporation, partnership, or other legal

17 entity organized under the United States or any

18 State, territory, possession, or district of the United

19 States.

20 HAITI

21 SEC. 582. The Government of Haiti shall be eligi22 ble to purchase defense articles and services under the

23 Arms Export Control Act (22 U.S.C. 2751 et seq.), for

24 the civilian-led Haitian National Police and Coast Guard:

25 Provided, That the authority provided by this section
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1 shall be subject to the regular notification procedures of

2 the Committees on Appropriations.

3 REFUGEE STATUS FOR ADULT CHILDREN OF FORMER VI4 ETNAMESE REEDUCATION CAMP INTERNEES RESET5 TLED UNDER THE ORDERLY DEPARTURE PROGRAM

6 SEC. 584. (a) ELIGIBILITY FOR ORDERLY DEPAR7 TURE PROGRAM.—For purposes of eligibility for the Or8 derly Departure Program for nationals of Vietnam, dur9 ing fiscal year 1997, an alien described in subsection (b)

10 shall be considered to be a refugee of special humani11 tarian concern to the United States within the meaning

12 of section 207 of the Immigration and Nationality Act (8

13 U.S.C. 1157) and shall be admitted to the United States

14 for resettlement if the alien would be admissible as an

15 immigrant under the Immigration and Nationality Act

16 (except as provided in section 207(c)(3) of that Act).

17 (b) ALIENS COVERED.—An alien described in this

18 subsection is an alien who—

19 (1) is the son or daughter of a national of Viet20 nam who—

21 (A) was formerly interned in a reeducation

22 camp in Vietnam by the Government of the So23 cialist Republic of Vietnam; and

24 (B) has been accepted for resettlement as

25 a refugee under the Orderly Departure Pro26 gram on or after April 1, 1995;
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1 (2) is 21 years of age or older; and

2 (3) was unmarried as of the date of acceptance

3 of the alien’s parent for resettlement under the Or4 derly Departure Program.

5 (c) SUPERSEDES EXISTING LAW.—This section

6 supersedes any other provision of law.

7 NORTH KOREA

8 SEC. 585. Ninety days after the date of enactment

9 of this Act, and every 180 days thereafter, the Secretary

10 of State, in consultation with the Secretary of Defense,

11 shall provide a report in a classified or unclassified form

12 to the Committee on Appropriations including the follow13 ing information:

14 (a) a best estimate on fuel used by the military

15 forces of the Democratic People’s Republic of Korea

16 (DPRK);

17 (b) the deployment position and military train18 ing and activities of the DPRK forces and best esti19 mate of the associated costs of these activities;

20 (c) steps taken to reduce the DPRK level of

21 forces; and

22 (d) cooperation, training, or exchanges of infor23 mation, technology or personnel between the DPRK

24 and any other nation supporting the development or

25 deployment of a ballistic missile capability.
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1 LIMITATION ON ASSISTANCE TO MEXICO

2 SEC. 587. Not less than $2,500,000 of the funds

3 appropriated or otherwise made available by this Act for

4 the Government of Mexico shall be withheld from obliga5 tion until the President has determined and reported to

6 Congress that—

7 (1) the Government of Mexico is taking actions

8 to reduce the amount of illegal drugs entering the

9 United States from Mexico; and

10 (2) the Government of Mexico—

11 (A) is taking effective actions to apply vig12 orously all law enforcement resources to inves13 tigate, track, capture, incarcerate, and pros14 ecute individuals controlling, supervising, or

15 managing international narcotics cartels or

16 other similar entities and the accomplices of

17 such individuals, individuals responsible for, or

18 otherwise involved in, corruption, and individ19 uals involved in money-laundering;

20 (B) is pursuing international anti-drug

21 trafficking initiatives;

22 (C) is cooperating fully with international

23 efforts at narcotics interdiction; and

24 (D) is cooperating fully with requests by

25 the United States for assistance in investiga-
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1 tions of money-laundering violations and is

2 making progress toward implementation of ef3 fective laws to prohibit money-laundering.

4 LIMITATION OF ASSISTANCE TO TURKEY

5 SEC. 588. Not more than $22,000,000 of the

6 funds appropriated in this Act under the heading ‘‘Eco7 nomic Support Fund’’ may be made available to the Gov8 ernment of Turkey.

9 CIVIL LIABILITY FOR ACTS OF STATE SPONSORED

10 TERRORISM

11 SEC. 589. (a) an official, employee, or agent of a

12 foreign state designated as a state sponsor of terrorism

13 designated under section 6(j) of the Export Administra14 tion Act of 1979 while acting within the scope of his or

15 her office, employment, or agency shall be liable to a

16 United States national or the national’s legal representa17 tive for personal injury or death caused by acts of that

18 official, employee, or agent for which the courts of the

19 United States may maintain jurisdiction under section

20 1605(a)(7) of title 28, United States Code, for money

21 damages which may include economic damages, solatium,

22 pain, and suffering, and punitive damages if the acts

23 were among those described in section 1605(a)(7).

24 (b) Provisions related to statute of limitations and

25 limitations on discovery that would apply to an action

26 brought under 28 U.S.C. 1605(f) and (g) shall also apply
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1 to actions brought under this section. No action shall be

2 maintained under this action if an official, employee, or

3 agent of the United States, while acting within the scope

4 of his or her office, employment, or agency would not be

5 liable for such acts if carried out within the United

6 States.

7 Titles I through V of this Act may be cited as the

8 ‘‘Foreign Operations, Export Financing, and Related

9 Programs Appropriations Act, 1997’’.

10 TITLE VI—NATO ENLARGEMENT FACILITATION

11 ACT OF 1996

12 SEC. 601. SHORT TITLE.

13 This title may be cited as the ‘‘NATO Enlarge14 ment Facilitation Act of 1996’’.

15 SEC. 602. FINDINGS.

16 The Congress makes the following findings:

17 (1) Since 1949, the North Atlantic Treaty Or18 ganization (NATO) has played an essential role in

19 guaranteeing the security, freedom, and prosperity

20 of the United States and its partners in the Alliance.

21 (2) The NATO Alliance is, and has been since

22 its inception, purely defensive in character, and it

23 poses no threat to any nation. The enlargement of

24 the NATO Alliance to include as full and equal

25 members emerging democracies in Central and East-
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1 ern Europe will serve to reinforce stability and secu2 rity in Europe by fostering their integration into the

3 structures which have created and sustained peace

4 in Europe since 1945. Their admission into NATO

5 will not threaten any nation. America’s security,

6 freedom, and prosperity remain linked to the secu7 rity of the countries of Europe.

8 (3) The sustained commitment of the member

9 countries of NATO to a mutual defense has made

10 possible the democratic transformation of Central

11 and Eastern Europe. Members of the Alliance can

12 and should play a critical role in addressing the se13 curity challenges of the post-Cold War era and in

14 creating the stable environment needed for those

15 emerging democracies in Central and Eastern Eu16 rope to successfully complete political and economic

17 transformation.

18 (4) The United States continues to regard the

19 political independence and territorial integrity of all

20 emerging democracies in Central and Eastern Eu21 rope as vital to European peace and security.

22 (5) The active involvement by the countries of

23 Central and Eastern Europe has made the Partner24 ship for Peace program an important forum to fos-
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1 ter cooperation between NATO and those countries

2 seeking NATO membership.

3 (6) NATO has enlarged its membership on 3

4 different occasions since 1949.

5 (7) Congress supports the admission of quali6 fied new members to NATO and the European

7 Union at an early date and has sought to facilitate

8 the admission of qualified new members into NATO.

9 (8) Lasting security and stability in Europe re10 quires not only the military integration of emerging

11 democracies in Central and Eastern Europe into ex12 isting European structures, but also the eventual

13 economic and political integration of these countries

14 into existing European structures.

15 (9) As new members of NATO assume the re16 sponsibilities of Alliance membership, the costs of

17 maintaining stability in Europe should be shared

18 more widely. Facilitation of the enlargement process

19 will require current members of NATO, and the

20 United States in particular, to demonstrate the po21 litical will needed to build on successful ongoing pro22 grams such as the Warsaw Initiative and the Part23 nership for Peace by making available the resources

24 necessary to supplement efforts prospective new

25 members are themselves undertaking.
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1 (10) New members will be full members of the

2 Alliance, enjoying all rights and assuming all the ob3 ligations under the North Atlantic Treaty, signed at

4 Washington on April 4, 1949 (hereafter in this Act

5 referred to as the ‘‘Washington Treaty’’).

6 (11) In order to assist emerging democracies in

7 Central and Eastern Europe that have expressed in8 terest in joining NATO to be prepared to assume

9 the responsibilities of NATO membership, the Unit10 ed States should encourage and support efforts by

11 such countries to develop force structures and force

12 modernization priorities that will enable such coun13 tries to contribute to the full range of NATO mis14 sions, including, most importantly, territorial defense

15 of the Alliance.

16 (12) Cooperative regional peacekeeping initia17 tives involving emerging democracies in Central and

18 Eastern Europe that have expressed interest in join19 ing NATO, such as the Baltic Peacekeeping Battal20 ion, the Polish-Lithuanian Joint Peacekeeping

21 Force, and the Polish-Ukrainian Peacekeeping

22 Force, can make an important contribution to Euro23 pean peace and security and international peace24 keeping efforts, can assist those countries preparing

25 to assume the responsibilities of possible NATO
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1 membership, and accordingly should receive appro2 priate support from the United States.

3 (13) NATO remains the only multilateral secu4 rity organization capable of conducting effective

5 military operations and preserving security and sta6 bility of the Euro-Atlantic region.

7 (14) NATO is an important diplomatic forum

8 and has played a positive role in defusing tensions

9 between members of the Alliance and, as a result, no

10 military action has occurred between two Alliance

11 member states since the inception of NATO in 1949.

12 (15) The admission to NATO of emerging de13 mocracies in Central and Eastern Europe which are

14 found to be in a position to further the principles of

15 the Washington Treaty would contribute to inter16 national peace and enhance the security of the re17 gion. Countries which have become democracies and

18 established market economies, which practice good

19 neighborly relations, and which have established ef20 fective democratic civilian control over their defense

21 establishments and attained a degree of interoper22 ability with NATO, should be evaluated for their po23 tential to further the principles of the Washington

24 Treaty.
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1 (16) Democratic civilian control of defense

2 forces is an essential element in the process of prep3 aration for those states interested in possible NATO

4 membership.

5 (17) Protection and promotion of fundamental

6 freedoms and human rights is an integral aspect of

7 genuine security, and in evaluating requests for

8 membership in NATO, the human rights records of

9 the emerging democracies in Central and Eastern

10 Europe should be evaluated according to their com11 mitments to fulfill in good faith the human rights

12 obligations of the Charter of the United Nations, the

13 principles of the Universal Declaration on Human

14 Rights, and the Helsinki Final Act.

15 (18) A number of Central and Eastern Euro16 pean countries have expressed interest in NATO

17 membership, and have taken concrete steps to dem18 onstrate this commitment, including their participa19 tion in Partnership for Peace activities.

20 (19) The Caucasus region remains important

21 geographically and politically to the future security

22 of Central Europe. As NATO proceeds with the

23 process of enlargement, the United States and

24 NATO should continue to examine means to

25 strengthen the sovereignty and enhance the security
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1 of United Nations recognized countries in that re2 gion.

3 (20) In recognition that not all countries which

4 have requested membership in NATO will nec5 essarily qualify at the same pace, the accession date

6 for each new member will vary.

7 (21) The provision of additional NATO transi8 tion assistance should include those emerging de9 mocracies most ready for closer ties with NATO and

10 should be designed to assist other countries meeting

11 specified criteria of eligibility to move forward to12 ward eventual NATO membership.

13 (22) The Congress of the United States finds in

14 particular that Poland, Hungary, and the Czech Re15 public have made significant progress toward achiev16 ing the criteria set forth in section 203(d)(3) of the

17 NATO Participation Act of 1994 and should be eli18 gible for the additional assistance described in this

19 Act.

20 (23) The evaluation of future membership in

21 NATO for emerging democracies in Central and

22 Eastern Europe should be based on the progress of

23 those nations in meeting criteria for NATO member24 ship, which require enhancement of NATO’s security

25 and the approval of all NATO members.
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1 (24) The process of NATO enlargement entails

2 the consensus agreement of the governments of all

3 16 NATO members and ratification in accordance

4 with their constitutional procedures.

5 (25) Some NATO members, such as Spain and

6 Norway, do not allow the deployment of nuclear

7 weapons on their territory although they are ac8 corded the full collective security guarantees pro9 vided by Article 5 of the Washington Treaty. There

10 is no a priori requirement for the stationing of nu11 clear weapons on the territory of new NATO mem12 bers, particularly in the current security climate.

13 However, NATO retains the right to alter its secu14 rity posture at any time as circumstances warrant.

15 SEC. 603. UNITED STATES POLICY.

16 It is the policy of the United States—

17 (1) to join with the NATO allies of the United

18 States to adapt the role of the NATO Alliance in the

19 post-Cold War world;

20 (2) to actively assist the emerging democracies

21 in Central and Eastern Europe in their transition so

22 that such countries may eventually qualify for

23 NATO membership;

24 (3) to support the enlargement of NATO in rec25 ognition that enlargement will benefit the interests
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1 of the United States and the Alliance and to con2 sider these benefits in any analysis of the costs of

3 NATO enlargement;

4 (4) to ensure that all countries in Central and

5 Eastern Europe are fully aware of and capable of

6 assuming the costs and responsibilities of NATO

7 membership, including the obligation set forth in Ar8 ticle 10 of the Washington Treaty that new members

9 be able to contribute to the security of the North At10 lantic area; and

11 (5) to work to define a constructive and cooper12 ative political and security relationship between an

13 enlarged NATO and the Russian Federation.

14 SEC. 604. SENSE OF THE CONGRESS REGARDING FURTHER

15 ENLARGEMENT OF NATO.

16 It is the sense of the Congress that in order to

17 promote economic stability and security in Slovakia, Es18 tonia, Latvia, Lithuania, Romania, Bulgaria, Albania,

19 Moldova, and Ukraine—

20 (1) the United States should continue and ex21 pand its support for the full and active participation

22 of these countries in activities appropriate for quali23 fying for NATO membership;

24 (2) the United States Government should use

25 all diplomatic means available to press the European
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1 Union to admit as soon as possible any country

2 which qualifies for membership;

3 (3) the United States Government and the

4 North Atlantic Treaty Organization should continue

5 and expand their support for military exercises and

6 peacekeeping initiatives between and among these

7 nations, nations of the North Atlantic Treaty Orga8 nization, and Russia; and

9 (4) the process of enlarging NATO to include

10 emerging democracies in Central and Eastern Eu11 rope should not be limited to consideration of admit12 ting Poland, Hungary, the Czech Republic, and Slo13 venia as full members of the NATO Alliance.

14 SEC. 605. SENSE OF THE CONGRESS REGARDING ESTONIA,

15 LATVIA AND LITHUANIA.

16 In view of the forcible incorporation of Estonia,

17 Latvia, Lithuania into the Soviet Union in 1940 under

18 the Molotov-Ribbentrop Pact and the refusal of the Unit19 ed States and other countries to recognize that incorpora20 tion for over 50 years, it is the sense of the Congress

21 that—

22 (1) Estonia, Latvia, and Lithuania have valid

23 historical security concerns that must be taken into

24 account by the United States; and
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1 (2) Estonia, Latvia, and Lithuania should not

2 be disadvantaged in seeking to join NATO by virtue

3 of their forcible incorporation into the Soviet Union.

4 SEC. 606. DESIGNATION OF COUNTRIES ELIGIBLE FOR

5 NATO ENLARGEMENT ASSISTANCE.

6 (a) IN GENERAL.—The following countries are

7 designated as eligible to receive assistance under the pro8 gram established under section 203(a) of the NATO Par9 ticipation Act of 1994 and shall be deemed to have been

10 so designated pursuant to section 203(d)(1) of such Act:

11 Poland, Hungary, and the Czech Republic.

12 (b) DESIGNATION OF SLOVENIA.—Effective 90

13 days after the date of enactment of this Act, Slovenia is

14 designated as eligible to receive assistance under the pro15 gram established under section 203(a) of the NATO Par16 ticipation Act of 1994, and shall be deemed to have been

17 so designated pursuant to section 203(d) of such Act, un18 less the President certifies to Congress prior to such ef19 fective date that Slovenia fails to meet the criteria under

20 section 203(d)(3) of such Act.

21 (c) DESIGNATION OF OTHER COUNTRIES.—The

22 President shall designate other emerging democracies in

23 Central and Eastern Europe as eligible to receive assist24 ance under the program established under section 203(a)

25 of such Act if such countries—
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1 (1) have expressed a clear desire to join NATO;

2 (2) have begun an individualized dialogue with

3 NATO in preparation for accession;

4 (3) are strategically significant to an effective

5 NATO defense; and

6 (4) meet the other criteria outlined in section

7 203(d)(3) of the NATO Participation Act of 1994

8 (title II of Public Law 103–447; 22 U.S.C. 1928

9 note).

10 (d) RULE OF CONSTRUCTION.—Nothing in this

11 section precludes the designation by the President of Es12 tonia, Latvia, Lithuania, Romania, Slovakia, Bulgaria,

13 Albania, Moldova, Ukraine, or any other emerging de14 mocracy in Central and Eastern Europe pursuant to sec15 tion 203(d) of the NATO Participation Act of 1994 as

16 eligible to receive assistance under the program estab17 lished under section 203(a) of such Act.

18 SEC. 607. AUTHORIZATION OF APPROPRIATIONS FOR NATO

19 ENLARGEMENT ASSISTANCE.

20 (a) IN GENERAL.—There are authorized to be ap21 propriated $60,000,000 for fiscal year 1997 for the pro22 gram established under section 203(a) of the NATO Par23 ticipation Act of 1994.

24 (b) AVAILABILITY.—Of the funds authorized to be

25 appropriated by subsection (a)—
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1 (1) not less than $20,000,000 shall be available

2 for the cost, as defined in section 502(5) of the

3 Credit Reform Act of 1990, of direct loans pursuant

4 to the authority of section 203(c)(4) of the NATO

5 Participation Act of 1994 (relating to the ‘‘Foreign

6 Military Financing Program’’);

7 (2) not less than $30,000,000 shall be available

8 for assistance on a grant basis pursuant to the au9 thority of section 203(c)(4) of the NATO Participa10 tion Act of 1994 (relating to the ‘‘Foreign Military

11 Financing Program’’); and

12 (3) not more than $10,000,000 shall be avail13 able for assistance pursuant to the authority of sec14 tion 203(c)(3) of the NATO Participation Act of

15 1994 (relating to international military education

16 and training).

17 (c) RULE OF CONSTRUCTION.—Amounts author18 ized to be appropriated under this section are authorized

19 to be appropriated in addition to such amounts as other20 wise may be available for such purposes.

21 SEC. 608. REGIONAL AIRSPACE INITIATIVE AND PARTNER22 SHIP FOR PEACE INFORMATION MANAGE23 MENT SYSTEM.

24 (a) IN GENERAL.—To the extent provided in ad25 vance in appropriations acts for such purposes, funds de-
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1 scribed in subsection (b) are authorized to be made avail2 able to support the implementation of the Regional Air3 space Initiative and the Partnership for Peace Informa4 tion Management System, including—

5 (1) the procurement of items in support of

6 these programs; and

7 (2) the transfer of such items to countries par8 ticipating in these programs.

9 (b) FUNDS DESCRIBED.—Funds described in this

10 subsection are funds that are available—

11 (1) during any fiscal year under the NATO

12 Participation Act of 1994 with respect to countries

13 eligible for assistance under that Act; or

14 (2) during fiscal year 1997 under any Act to

15 carry out the Warsaw Initiative.

16 SEC. 609. EXCESS DEFENSE ARTICLES.

17 (a) PRIORITY DELIVERY.—Notwithstanding any

18 other provision of law, the delivery of excess defense arti19 cles under the authority of section 203(c) (1) and (2) of

20 the NATO Participation Act of 1994 and section 516 of

21 the Foreign Assistance Act of 1961 shall be given prior22 ity to the maximum extent feasible over the delivery of

23 such excess defense articles to all other countries except

24 those countries referred to in section 541 of the Foreign

25 Operations, Export Financing, and Related Programs
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1 Appropriations Act, 1995 (Public Law 103–306; 108

2 Stat. 1640).

3 (b) COOPERATIVE REGIONAL PEACEKEEPING INI4 TIATIVES.—The Congress encourages the President to

5 provide excess defense articles and other appropriate as6 sistance to cooperative regional peacekeeping initiatives

7 involving emerging democracies in Central and Eastern

8 Europe that have expressed an interest in joining NATO

9 in order to enhance their ability to contribute to Euro10 pean peace and security and international peacekeeping

11 efforts.

12 SEC. 610. MODERNIZATION OF DEFENSE CAPABILITY.

13 The Congress endorses efforts by the United

14 States to modernize the defense capability of Poland,

15 Hungary, the Czech Republic, Slovenia, and any other

16 countries designated by the President pursuant to section

17 203(d) of the NATO Participation Act of 1994, by ex18 ploring with such countries options for the sale or lease

19 to such countries of weapons systems compatible with

20 those used by NATO members, including air defense sys21 tems, advanced fighter aircraft, and telecommunications

22 infrastructure.

23 SEC. 611. TERMINATION OF ELIGIBILITY.

24 (a) TERMINATION OF ELIGIBILITY.—The eligi25 bility of a country designated pursuant to subsection (a)
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1 or (b) of section 606 or pursuant to section 203(d) of the

2 NATO Participation Act of 1994 may be terminated

3 upon a determination by the President that such country

4 does not meet the criteria set forth in section 203(d)(3)

5 of the NATO Participation Act of 1994.

6 (b) NOTIFICATION.—At least 15 days before ter7 minating the eligibility of any country pursuant to sub8 section (a), the President shall notify the congressional

9 committees specified in section 634A of the Foreign As10 sistance Act of 1961 in accordance with the procedures

11 applicable to reprogramming notifications under that sec12 tion.

13 SEC. 612. CONFORMING AMENDMENTS TO THE NATO PAR14 TICIPATION ACT.

15 The NATO Participation Act of 1994 (title II of

16 Public Law 103–447; 22 U.S.C. 1928 note) is amended

17 in sections 203(a), 203(d)(1), and 203(d)(2) by striking

18 ‘‘countries emerging from communist domination’’ each

19 place it appears and inserting ‘‘emerging democracies in

20 Central and Eastern Europe’’.
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1 TITLE VII—MIDDLE EAST DEVELOPMENT

2 BANK

3 SEC. 701. SHORT TITLE.

4 This title may be cited as the ‘‘Bank for Eco5 nomic Cooperation and Development in the Middle East

6 and North Africa Act.’’.

7 SEC. 702. ACCEPTANCE OF MEMBERSHIP.

8 The President is hereby authorized to accept

9 membership for the United States in the Bank for Eco10 nomic Cooperation and Development in the Middle East

11 and North Africa (in this title referred to as the ‘‘Bank’’)

12 provided for by the agreement establishing the Bank (in

13 this title referred to as the ‘‘Agreement’’), signed on May

14 31, 1996.

15 SEC. 703. GOVERNOR AND ALTERNATE GOVERNOR.

16 (a) APPOINTMENT.—At the inaugural meeting of

17 the Board of Governors of the Bank, the Governor and

18 the alternate for the Governor of the International Bank

19 for Reconstruction and Development, appointed pursuant

20 to section 3 of the Bretton Woods Agreements Act, shall

21 serve ex-officio as a Governor and the alternate for the

22 Governor, respectively, of the Bank. The President, by

23 and with the advice and consent of the Senate, shall ap24 point a Governor of the Bank and an alternate for the

25 Governor.
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1 (b) COMPENSATION.—Any person who serves as a

2 Governor of the Bank or as an alternate for the Governor

3 may not receive any salary or other compensation from

4 the United States by reason of such service.

5 SEC. 704. APPLICABILITY OF CERTAIN PROVISIONS OF THE

6 BRETTON WOODS AGREEMENTS ACT.

7 Section 4 of the Bretton Woods Agreements Act

8 shall apply to the Bank in the same manner in which

9 such section applies to the International Bank for Recon10 struction and Development and the International Mone11 tary Fund.

12 SEC. 705. FEDERAL RESERVE BANKS AS DEPOSITORIES.

13 Any Federal Reserve Bank which is requested to

14 do so by the Bank may act as its depository, or as its

15 fiscal agent, and the Board of Governors of the Federal

16 Reserve System shall exercise general supervision over

17 the carrying out of these functions.

18 SEC. 706. SUBSCRIPTION OF STOCK.

19 (a) SUBSCRIPTION AUTHORITY.—

20 (1) IN GENERAL.—The Secretary of the Treas21 ury may subscribe on behalf of the United States to

22 not more than 7,011,270 shares of the capital stock

23 of the Bank.

24 (2) EFFECTIVENESS OF SUBSCRIPTION COM25 MITMENT.—Any commitment to make such subscrip-
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1 tion shall be effective only to such extent or in such

2 amounts as are provided for in advance by appro3 priations Acts.

4 (b) LIMITATIONS ON AUTHORIZATION OF APPRO5 PRIATIONS.—For payment by the Secretary of the Treas6 ury of the subscription of the United States for shares

7 described in subsection (a), there are authorized to be ap8 propriated $1,050,007,800 without fiscal year limitation.

9 (c) LIMITATIONS ON OBLIGATION OF APPRO10 PRIATED AMOUNTS FOR SHARES OF CAPITAL STOCK.—

11 (1) PAID-IN CAPITAL STOCK.—

12 (A) IN GENERAL.—Not more than

13 $105,000,000 of the amounts appropriated pur14 suant to subsection (b) may be obligated for

15 subscription to shares of paid-in capital stock.

16 (B) FISCAL YEAR 1997.—Not more than

17 $52,500,000 of the amounts appropriated pur18 suant to subsection (b) for fiscal year 1997 may

19 be obligated for subscription to shares of paid20 in capital stock.

21 (2) CALLABLE CAPITAL STOCK.—Not more

22 than $787,505,852 of the amounts appropriated

23 pursuant to subsection (b) may be obligated for sub24 scription to shares of callable capital stock.
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1 (d) DISPOSITION OF NET INCOME DISTRIBUTIONS

2 BY THE BANK.—Any payment made to the United States

3 by the Bank as a distribution of net income shall be cov4 ered into the Treasury as a miscellaneous receipt.

5 SEC. 707. JURISDICTION AND VENUE OF CIVIL ACTIONS BY

6 OR AGAINST THE BANK.

7 (a) JURISDICTION.—The United States district

8 courts shall have original and exclusive jurisdiction of any

9 civil action brought in the United States by or against

10 the Bank.

11 (b) VENUE.—For purposes of section 1391(b) of

12 title 28, United States Code, the Bank shall be deemed

13 to be a resident of the judicial district in which the prin14 cipal office of the Bank in the United States, or its agent

15 appointed for the purpose of accepting service or notice

16 of service, is located.

17 SEC. 708. EFFECTIVENESS OF AGREEMENT.

18 The Agreement shall have full force and effect in

19 the United States, its territories and possessions, and the

20 Commonwealth of Puerto Rico, upon acceptance of mem21 bership by the United States in the Bank and the entry

22 into force of the Agreement.
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1 SEC. 709. EXEMPTION FROM SECURITIES LAWS FOR CER2 TAIN SECURITIES ISSUED BY THE BANK; RE3 PORTS REQUIRED.

4 (a) EXEMPTION FROM SECURITIES LAWS; RE5 PORTS TO SECURITIES AND EXCHANGE COMMISSION.—

6 Any securities issued by the Bank (including any guar7 anty by the Bank, whether or not limited in scope) in

8 connection with borrowing of funds, or the guarantee of

9 securities as to both principal and interest, shall be

10 deemed to be exempted securities within the meaning of

11 section 3(a)(2) of the Securities Act of 1933 and section

12 3(a)(12) of the Securities Exchange Act of 1934. The

13 Bank shall file with the Securities and Exchange Com14 mission such annual and other reports with regard to

15 such securities as the Commission shall determine to be

16 appropriate in view of the special character of the Bank

17 and its operations and necessary in the public interest or

18 for the protection of investors.

19 (b) AUTHORITY OF SECURITIES AND EXCHANGE

20 COMMISSION TO SUSPEND EXEMPTION; REPORTS TO

21 THE CONGRESS.—The Securities and Exchange Com22 mission, acting in consultation with such agency or offi23 cer as the President shall designate, may suspend the

24 provisions of subsection (a) at any time as to any or all

25 securities issued or guaranteed by the Bank during the

26 period of such suspension. The Commission shall include
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1 in its annual reports to the Congress such information

2 as it shall deem advisable with regard to the operations

3 and effect of this section.

4 SEC. 710. TECHNICAL AMENDMENTS.

5 (a) ANNUAL REPORT REQUIRED ON PARTICIPA6 TION OF THE UNITED STATES IN THE BANK.—Section

7 1701(c)(2) of the International Financial Institutions Act

8 (22 U.S.C. 262r(c)(2)) is amended by inserting ‘‘Bank

9 for Economic Cooperation and Development in the Mid10 dle East and North Africa,’’ after ‘‘Inter-American De11 velopment Bank’’.

12 (b) EXEMPTION FROM LIMITATIONS AND RE13 STRICTIONS ON POWER OF NATIONAL, BANKING ASSO14 CIATIONS TO DEAL IN AND UNDERWRITE INVESTMENT

15 SECURITIES OF THE BANK.—The seventh sentence of

16 paragraph 7 of section 5136 of the Revised Statutes of

17 the United States (12 U.S.C. 24) is amended by insert18 ing ‘‘Bank for Economic Cooperation and Development

19 in the Middle East and North Africa,’’ after ‘‘the Inter20 American Development Bank’’.

21 (c) BENEFITS FOR UNITED STATES CITIZEN22 REPRESENTATIVES TO THE BANK.—Section 51 of Public

23 Law 91–599 (22 U.S.C. 276c–2) is amended by inserting

24 ‘‘the Bank for Economic Cooperation and Development
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1 in the Middle East and North Africa,’’ after ‘‘the Inter2 American Development Bank,’’.

3 (d) For programs, projects or activities in the De4 partment of the Interior and Related Agencies Appropria5 tions Act, 1997, provided as follows, to be effective as if

6 it had been enacted into law as the regular appropria7 tions Act:

8 AN ACT

9 Making appropriations for the Department of the

10 Interior, and related agencies for the fiscal year ending

11 September 30, 1997, and for other purposes.

12 TITLE I—DEPARTMENT OF THE INTERIOR

13 BUREAU OF LAND MANAGEMENT

14 MANAGEMENT OF LANDS AND RESOURCES

15 For expenses necessary for protection, use, improve16 ment, development, disposal, cadastral surveying, classi17 fication, acquisition of easements and other interests in

18 lands, and performance of other functions, including

19 maintenance of facilities, as authorized by law, in the

20 management of lands and their resources under the juris21 diction of the Bureau of Land Management, including

22 the general administration of the Bureau, and assessment

23 of mineral potential of public lands pursuant to Public

24 Law 96–487 (16 U.S.C. 3150(a)), $572,164,000, to re25 main available until expended, of which $2,010,000 shall
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1 be available for assessment of the mineral potential of

2 public lands in Alaska pursuant to section 1010 of Public

3 Law 96–487 (16 U.S.C. 3150); and of which $3,000,000

4 shall be derived from the special receipt account estab5 lished by the Land and Water Conservation Act of 1965,

6 as amended (16 U.S.C. 460l–6a(i)); and of which

7 $1,000,000 shall be available in fiscal year 1997 subject

8 to a match by at least an equal amount by the National

9 Fish and Wildlife Foundation, to such Foundation for

10 challenge cost share projects supporting fish and wildlife

11 conservation affecting Bureau land; in addition,

12 $27,300,000 for Mining Law Administration program op13 erations, to remain available until expended, to be re14 duced by amounts collected by the Bureau and credited

15 to this appropriation from annual mining claim fees so as

16 to result in a final appropriation estimated at not more

17 than $572,164,000; and in addition, not to exceed

18 $5,000,000, to remain available until expended, from an19 nual mining claim fees; which shall be credited to this ac20 count for the costs of administering the mining claim fee

21 program, and $2,000,000 from communication site rental

22 fees established by the Bureau for the cost of administer23 ing communication site activities: Provided, That appro24 priations herein made shall not be available for the de25 struction of healthy, unadopted, wild horses and burros
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1 in the care of the Bureau or its contractors: Provided fur2 ther, That in fiscal year 1997 and thereafter, all fees, ex3 cluding mining claim fees, in excess of the fiscal year

4 1996 collections established by the Secretary of the Inte5 rior under the authority of 43 U.S.C. 1734 for process6 ing, recording, or documenting authorizations to use pub7 lic lands or public land natural resources (including cul8 tural, historical, and mineral) and for providing specific

9 services to public land users, and which are not presently

10 being covered into any Bureau of Land Management ap11 propriation accounts, and not otherwise dedicated by law

12 for a specific distribution, shall be made immediately

13 available for program operations in this account and re14 main available until expended.

15 WILDLAND FIRE MANAGEMENT

16 For necessary expenses for fire use and manage17 ment, fire preparedness, suppression operations, and

18 emergency rehabilitation by the Department of the Inte19 rior, $252,042,000, to remain available until expended, of

20 which not to exceed $5,025,000 shall be for the renova21 tion or construction of fire facilities: Provided, That such

22 funds are also available for repayment of advances to

23 other appropriation accounts from which funds were pre24 viously transferred for such purposes: Provided further,

25 That persons hired pursuant to 43 U.S.C. 1469 may be
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1 furnished subsistence and lodging without costs from

2 funds available from this appropriation: Provided further,

3 That unobligated balances of amounts previously appro4 priated to the ‘‘Fire Protection’’ and ‘‘Emergency De5 partment of the Interior Firefighting Fund’’ may be

6 transferred to this appropriation.

7 CENTRAL HAZARDOUS MATERIALS FUND

8 For necessary expenses of the Department of the In9 terior and any of its component offices and bureaus for

10 the remedial action, including associated activities, of

11 hazardous waste substances, pollutants, or contaminants

12 pursuant to the Comprehensive Environmental Response,

13 Compensation and Liability Act, as amended (42 U.S.C.

14 9601 et seq.), $12,000,000, to remain available until ex15 pended: Provided, That notwithstanding 31 U.S.C. 3302,

16 sums recovered from or paid by a party in advance of or

17 as reimbursement for remedial action or response activi18 ties conducted by the Department pursuant to sections

19 107 or 113(f) of such Act, shall be credited to this ac20 count to be available until expended without further ap21 propriation: Provided further, That such sums recovered

22 from or paid by any party are not limited to monetary

23 payments and may include stocks, bonds or other per24 sonal or real property, which may be retained, liquidated,
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1 or otherwise disposed of by the Secretary and which shall

2 be credited to this account.

3 CONSTRUCTION

4 For construction of buildings, recreation facilities,

5 roads, trails, and appurtenant facilities, $4,333,000, to

6 remain available until expended.

7 PAYMENTS IN LIEU OF TAXES

8 For expenses necessary to implement the Act of Oc9 tober 20, 1976, as amended (31 U.S.C. 6901–07),

10 $113,500,000, of which not to exceed $400,000 shall be

11 available for administrative expenses.

12 LAND ACQUISITION

13 For expenses necessary to carry out sections 205,

14 206, and 318(d) of Public Law 94–579 including adminis15 trative expenses and acquisition of lands or waters, or in16 terests therein, $10,410,000, to be derived from the Land

17 and Water Conservation Fund, to remain available until

18 expended.

19 OREGON AND CALIFORNIA GRANT LANDS

20 For expenses necessary for management, protection,

21 and development of resources and for construction, oper22 ation, and maintenance of access roads, reforestation, and

23 other improvements on the revested Oregon and California

24 Railroad grant lands, on other Federal lands in the Or25 egon and California land-grant counties of Oregon, and
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1 on adjacent rights-of-way; and acquisition of lands or in2 terests therein including existing connecting roads on or

3 adjacent to such grant lands; $100,515,000, to remain

4 available until expended: Provided, That 25 per centum

5 of the aggregate of all receipts during the current fiscal

6 year from the revested Oregon and California Railroad

7 grant lands is hereby made a charge against the Oregon

8 and California land-grant fund and shall be transferred

9 to the General Fund in the Treasury in accordance with

10 the second paragraph of subsection (b) of title II of the

11 Act of August 28, 1937 (50 Stat. 876).

12 RANGE IMPROVEMENTS

13 For rehabilitation, protection, and acquisition of

14 lands and interests therein, and improvement of Federal

15 rangelands pursuant to section 401 of the Federal Land

16 Policy and Management Act of 1976 (43 U.S.C. 1701),

17 notwithstanding any other Act, sums equal to 50 per cen18 tum of all moneys received during the prior fiscal year

19 under sections 3 and 15 of the Taylor Grazing Act (43

20 U.S.C. 315 et seq.) and the amount designated for range

21 improvements from grazing fees and mineral leasing re22 ceipts from Bankhead-Jones lands transferred to the De23 partment of the Interior pursuant to law, but not less than

24 $9,113,000, to remain available until expended: Provided,
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1 That not to exceed $600,000 shall be available for admin2 istrative expenses.

3 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

4 For administrative expenses and other costs related

5 to processing application documents and other authoriza6 tions for use and disposal of public lands and resources,

7 for costs of providing copies of official public land docu8 ments, for monitoring construction, operation, and termi9 nation of facilities in conjunction with use authorizations,

10 and for rehabilitation of damaged property, such amounts

11 as may be collected under Public Law 94–579, as amend12 ed, and Public Law 93–153, to remain available until ex13 pended: Provided, That notwithstanding any provision to

14 the contrary of section 305(a) of Public Law 94–579 (43

15 U.S.C. 1735(a)), any moneys that have been or will be

16 received pursuant to that section, whether as a result of

17 forfeiture, compromise, or settlement, if not appropriate

18 for refund pursuant to section 305(c) of that Act (43

19 U.S.C. 1735(c)), shall be available and may be expended

20 under the authority of this Act by the Secretary to im21 prove, protect, or rehabilitate any public lands adminis22 tered through the Bureau of Land Management which

23 have been damaged by the action of a resource developer,

24 purchaser, permittee, or any unauthorized person, without

25 regard to whether all moneys collected from each such ac-
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1 tion are used on the exact lands damaged which led to

2 the action: Provided further, That any such moneys that

3 are in excess of amounts needed to repair damage to the

4 exact land for which funds were collected may be used to

5 repair other damaged public lands.

6 MISCELLANEOUS TRUST FUNDS

7 In addition to amounts authorized to be expended

8 under existing laws, there is hereby appropriated such

9 amounts as may be contributed under section 307 of the

10 Act of October 21, 1976 (43 U.S.C. 1701), and such

11 amounts as may be advanced for administrative costs, sur12 veys, appraisals, and costs of making conveyances of omit13 ted lands under section 211(b) of that Act, to remain

14 available until expended.

15 ADMINISTRATIVE PROVISIONS

16 Appropriations for the Bureau of Land Management

17 shall be available for purchase, erection, and dismantle18 ment of temporary structures, and alteration and mainte19 nance of necessary buildings and appurtenant facilities to

20 which the United States has title; up to $100,000 for pay21 ments, at the discretion of the Secretary, for information

22 or evidence concerning violations of laws administered by

23 the Bureau; miscellaneous and emergency expenses of en24 forcement activities authorized or approved by the Sec25 retary and to be accounted for solely on his certificate,
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1 not to exceed $10,000: Provided, That notwithstanding 44

2 U.S.C. 501, the Bureau may, under cooperative cost-shar3 ing and partnership arrangements authorized by law, pro4 cure printing services from cooperators in connection with

5 jointly-produced publications for which the cooperators

6 share the cost of printing either in cash or in services,

7 and the Bureau determines the cooperator is capable of

8 meeting accepted quality standards.

9 The Bureau of Land Management’s Visitor Cen10 ter in Rand, Oregon is hereby named the ‘‘William B.

11 Smullin Visitor Center’’.

12 UNITED STATES FISH AND WILDLIFE SERVICE

13 RESOURCE MANAGEMENT

14 For expenses necessary for scientific and economic

15 studies, conservation, management, investigations, protec16 tion, and utilization of fishery and wildlife resources, ex17 cept whales, seals, and sea lions, and for the performance

18 of other authorized functions related to such resources; for

19 the general administration of the United States Fish and

20 Wildlife Service; for maintenance of the herd of long21 horned cattle on the Wichita Mountains Wildlife Refuge;

22 and not less than $1,000,000 for high priority projects

23 within the scope of the approved budget which shall be

24 carried out by the Youth Conservation Corps as author25 ized by the Act of August 13, 1970, as amended,
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1 $523,947,000, to remain available until September 30,

2 1998, of which $11,557,000 shall remain available until

3 expended for operation and maintenance of fishery mitiga4 tion facilities constructed by the Corps of Engineers under

5 the Lower Snake River Compensation Plan, authorized by

6 the Water Resources Development Act of 1976, to com7 pensate for loss of fishery resources from water develop8 ment projects on the Lower Snake River, and of which

9 $2,000,000 shall be provided to local governments in

10 southern California for planning associated with the Natu11 ral Communities Conservation Planning (NCCP) program

12 and shall remain available until expended: Provided, That

13 hereafter, pursuant to 31 U.S.C. 9701, the Secretary shall

14 charge reasonable fees for the full costs of providing train15 ing by the National Education and Training Center, to

16 be credited to this account, notwithstanding 31 U.S.C.

17 3302, for the direct costs of providing such training.

18 CONSTRUCTION

19 For construction and acquisition of buildings and

20 other facilities required in the conservation, management,

21 investigation, protection, and utilization of fishery and

22 wildlife resources, and the acquisition of lands and inter23 ests therein; $43,365,000 to remain available until ex24 pended.
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1 NATURAL RESOURCE DAMAGE ASSESSMENT FUND

2 To conduct natural resource damage assessment ac3 tivities by the Department of the Interior necessary to

4 carry out the provisions of the Comprehensive Environ5 mental Response, Compensation, and Liability Act, as

6 amended (42 U.S.C. 9601, et seq.), Federal Water Pollu7 tion Control Act, as amended (33 U.S.C. 1251, et seq.),

8 the Oil Pollution Act of 1990 (Public Law 101–380), and

9 Public Law 101–337; $4,000,000, to remain available

10 until expended.

11 LAND ACQUISITION

12 For expenses necessary to carry out the Land and

13 Water Conservation Fund Act of 1965, as amended (16

14 U.S.C. 460l–4–11), including administrative expenses,

15 and for acquisition of land or waters, or interest therein,

16 in accordance with statutory authority applicable to the

17 United States Fish and Wildlife Service, $44,479,000, of

18 which $3,000,000 is authorized to be appropriated and

19 shall be used to establish the Clarks River National Wild20 life Refuge in Kentucky, to be derived from the Land and

21 Water Conservation Fund, to remain available until ex22 pended.
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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, as amended, $9,750,000, to remain avail20 able until expended.

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).
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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:
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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),
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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-
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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.
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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,

26 and 6 ambulances: Provided, That none of the funds ap-
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1 propriated to the National Park Service may be used to

2 process any grant or contract documents which do not in3 clude the text of 18 U.S.C. 1913: Provided further, That

4 none of the funds appropriated to the National Park Serv5 ice may be used to implement an agreement for the rede6 velopment of the southern end of Ellis Island until such

7 agreement has been submitted to the Congress and shall

8 not be implemented prior to the expiration of 30 calendar

9 days (not including any day in which either House of Con10 gress is not in session because of adjournment of more

11 than three calendar days to a day certain) from the receipt

12 by the Speaker of the House of Representatives and the

13 President of the Senate of a full and comprehensive report

14 on the development of the southern end of Ellis Island,

15 including the facts and circumstances relied upon in sup16 port of the proposed project.

17 None of the funds in this Act may be spent by the

18 National Park Service for activities taken in direct re19 sponse to the United Nations Biodiversity Convention.

20 The National Park Service may in fiscal year 1997

21 and thereafter enter into cooperative agreements that in22 volve the transfer of National Park Service appropriated

23 funds to State, local and tribal governments, other public

24 entities, educational institutions, and private nonprofit or25 ganizations for the public purpose of carrying out National
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1 Park Service programs pursuant to 31 U.S.C. 6305 to

2 carry out public purposes of National Park Service pro3 grams.

4 Nothwithstanding any other provision of law, re5 maining balances, including interest, from funds granted

6 to the National Park Foundation pursuant to the Na7 tional Park System Visitor Facilities Fund Act of 1983

8 (Public Law 97–433, 96 Stat. 2277) shall be available to

9 the National Park Foundation for expenditure in units of

10 the National Park System for the purpose of improving

11 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-
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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.
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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
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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
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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,
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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-
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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
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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-
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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-
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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 and for unmet welfare assistance

11 costs: Provided further, That funds made available to

12 tribes and tribal organizations through contracts or grants

13 obligated during fiscal year 1997, as authorized by the In14 dian Self-Determination Act of 1975, or grants authorized

15 by the Indian Education Amendments of 1988 (25 U.S.C.

16 2001 and 2008A) shall remain available until expended

17 by the contractor or grantee: Provided further, That to

18 provide funding uniformity within a Self-Governance Com19 pact, any funds provided in this Act with availability for

20 more than one year may be reprogrammed to one year

21 availability but shall remain available within the Compact

22 until expended: Provided further, That notwithstanding

23 any other provision of law, Indian tribal governments may,

24 by appropriate changes in eligibility criteria or by other

25 means, change eligibility for general assistance or change
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1 the amount of general assistance payments for individuals

2 within the service area of such tribe who are otherwise

3 deemed eligible for general assistance payments so long

4 as such changes are applied in a consistent manner to in5 dividuals similarly situated: Provided further, That any

6 savings realized by such changes shall be available for use

7 in meeting other priorities of the tribes: Provided further,

8 That any net increase in costs to the Federal Government

9 which result solely from tribally increased payment levels

10 for general assistance shall be met exclusively from funds

11 available to the tribe from within its tribal priority alloca12 tion: Provided further, That any forestry funds allocated

13 to a tribe which remain unobligated as of September 30,

14 1997, may be transferred during fiscal year 1998 to an

15 Indian forest land assistance account established for the

16 benefit of such tribe within the tribe’s trust fund account:

17 Provided further, That any such unobligated balances not

18 so transferred shall expire on September 30, 1998: Pro19 vided further, That notwithstanding any other provision of

20 law, no funds available to the Bureau, other than the

21 amounts provided herein for assistance to public schools

22 under 25 U.S.C. 452 et seq., shall be available to support

23 the operation of any elementary or secondary school in the

24 State of Alaska in fiscal year 1997: Provided further, That

25 funds made available in this or any other Act for expendi-
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1 ture through September 30, 1998 for schools funded by

2 the Bureau shall be available only to the schools in the

3 Bureau school system as of September 1, 1995: Provided

4 further, That no funds available to the Bureau shall be

5 used to support expanded grades for any school or dor6 mitory beyond the grade structure in place or approved

7 by the Secretary of the Interior at each school in the Bu8 reau school system as of October 1, 1995: Provided fur9 ther, That in fiscal year 1997 and thereafter, notwith10 standing the provisions of 25 U.S.C. 2012(h)(1) (A) and

11 (B), upon the recommendation of either (i) a local school

12 board and school supervisor for an education position in

13 a Bureau of Indian Affairs operated school, or (ii) an

14 Agency school board and education line officer for an

15 Agency education position, the Secretary shall establish

16 adjustments to the rates of basic compensation or annual

17 salary rates established under 25 U.S.C. 2012(h)(1) (A)

18 and (B) for education positions at the school or the Agen19 cy, at a level not less than that for comparable positions

20 in the nearest public school district, and the adjustment

21 shall be deemed to be a change to basic pay and shall

22 not be subject to collective bargaining: Provided further,

23 That any reduction to rates of basic compensation or an24 nual salary rates below the rates established under 25

25 U.S.C. 2012(h)(1) (A) and (B) shall apply only to edu-
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1 cators appointed after June 30, 1997, and shall not affect

2 the right of an individual employed on June 30, 1997, in

3 an education position, to receive the compensation at4 tached to such position under 25 U.S.C. 2012(h)(1) (A)

5 and (B) so long as the individual remains in the same po6 sition at the same school: Provided further, That notwith7 standing 25 U.S.C. 2012(h)(1)(B), when the rates of basic

8 compensation for teachers and counselors at Bureau-oper9 ated schools are established at the rates of basic com10 pensation applicable to comparable positions in overseas

11 schools under the Defense Department Overseas Teachers

12 Pay and Personnel Practices Act, such rates shall become

13 effective with the start of the next academic year following

14 the issuance of the Department of Defense salary schedule

15 and shall not be effected retroactively.

16 CONSTRUCTION

17 For construction, major repair, and improvement of

18 irrigation and power systems, buildings, utilities, and

19 other facilities, including architectural and engineering

20 services by contract; acquisition of lands, and interests in

21 lands; and preparation of lands for farming, and for con22 struction of the Navajo Indian Irrigation Project pursuant

23 to Public Law 87–483 $94,531,000, to remain available

24 until expended: Provided, That such amounts as may be

25 available for the construction of the Navajo Indian Irriga-
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1 tion Project may be transferred to the Bureau of Reclama2 tion: Provided further, That not to exceed 6 per centum

3 of contract authority available to the Bureau of Indian

4 Affairs from the Federal Highway Trust Fund may be

5 used to cover the road program management costs of the

6 Bureau: Provided further, That any funds provided for the

7 Safety of Dams program pursuant to 25 U.S.C. 13 shall

8 be made available on a non-reimbursable basis: Provided

9 further, That for fiscal year 1997, in implementing new

10 construction or facilities improvement and repair project

11 grants in excess of $100,000 that are provided to tribally

12 controlled grant schools under Public Law 100–297, as

13 amended, the Secretary of the Interior shall use the Ad14 ministrative and Audit Requirements and Cost Principles

15 for Assistance Programs contained in 43 CFR part 12 as

16 the regulatory requirements: Provided further, That such

17 grants shall not be subject to section 12.61 of 43 CFR;

18 the Secretary and the grantee shall negotiate and deter19 mine a schedule of payments for the work to be performed:

20 Provided further, That in considering applications, the

21 Secretary shall consider whether the Indian tribe or tribal

22 organization would be deficient in assuring that the con23 struction projects conform to applicable building stand24 ards and codes and Federal, tribal, or State health and

25 safety standards as required by 25 U.S.C. 2005(a), with
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1 respect to organizational and financial management capa2 bilities: Provided further, That if the Secretary declines an

3 application, the Secretary shall follow the requirements

4 contained in 25 U.S.C. 2505(f): Provided further, That

5 any disputes between the Secretary and any grantee con6 cerning a grant shall be subject to the disputes provision

7 in 25 U.S.C. 2508(e).

8 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

9 MISCELLANEOUS PAYMENTS TO INDIANS

10 For miscellaneous payments to Indian tribes and in11 dividuals and for necessary administrative expenses,

12 $69,241,000, to remain available until expended; of which

13 $68,400,000 shall be available for implementation of en14 acted Indian land and water claim settlements pursuant

15 to Public Laws 101–618, 102–374, 102–575, and for im16 plementation of other enacted water rights settlements, in17 cluding not to exceed $8,000,000, which shall be for the

18 Federal share of the Catawba Indian Tribe of South Caro19 lina Claims Settlement, as authorized by section 5(a) of

20 Public Law 103–116; and of which $841,000 shall be

21 available pursuant to Public Laws 98–500, 99–264, and

22 100–580.

23 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

24 For the cost of guaranteed loans, $4,500,000, as au25 thorized by the Indian Financing Act of 1974, as amend-
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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, That

4 these funds are available to subsidize total loan principal,

5 any part of which is to be guaranteed, not to exceed

6 $34,615,000.

7 In addition, for administrative expenses to carry out

8 the guaranteed loan programs, $500,000.

9 ADMINISTRATIVE PROVISIONS

10 Appropriations for the Bureau of Indian Affairs (ex11 cept the revolving fund for loans, the Indian loan guaran12 tee and insurance fund, the Technical Assistance of Indian

13 Enterprises account, the Indian Direct Loan Program ac14 count, and the Indian Guaranteed Loan Program account)

15 shall be available for expenses of exhibits, and purchase

16 of not to exceed 229 passenger motor vehicles, of which

17 not to exceed 187 shall be for replacement only.

18 Notwithstanding any other provision of law, no

19 funds available to the Bureau of Indian Affairs for

20 central office operations or pooled overhead general ad21 ministration shall be available for tribal contracts, grants,

22 compacts, or cooperative agreements with the Bureau of

23 Indian Affairs under the provisions of the Indian Self24 Determination Act or the Tribal Self-Governance Act of

25 1994 (Public Law 103–413).
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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
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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-
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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-
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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.
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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-
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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-
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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-
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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-
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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-
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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
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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
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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
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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. Public Law 102–495 is amended by adding

25 the following new section:
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1 ‘‘SEC. 10. WASHINGTON STATE REMOVAL OPTION.

2 ‘‘(a) Upon appropriation of $29,500,000 for the

3 Federal government to acquire the projects in the State

4 of Washington pursuant to this Act, the State of Wash5 ington may, upon the submission to Congress of a bind6 ing agreement to remove the projects within a reasonable

7 period of time, purchase the projects from the Federal

8 government for $2. Such a binding agreement shall pro9 vide for the full restoration of the Elwha River ecosystem

10 and native anadromous fisheries, for protection of the ex11 isting quality and availability of water from the Elwha

12 River for municipal and industrial uses from possible ad13 verse impacts of dam removal, and for fulfillment by the

14 State of each of the other obligations of the Secretary

15 under this Act.

16 ‘‘(b) Upon receipt of the payment pursuant to

17 subsection (a), the Federal government shall relinquish

18 ownership and title of the projects to the State of Wash19 ington.

20 ‘‘(c) Upon the purchase of the projects by the

21 State of Washington, section 3(a), (c), and (d), and sec22 tions 4, 7, and 9 of this Act are hereby repealed, and the

23 remaining sections renumbered accordingly.’’.

24 SEC. 115. Section 7 of Public Law 99–647 (16

25 U.S.C. 461 note) is amended to read as follows:
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1 ‘‘SEC. 7. TERMINATION OF COMMISSION.

2 ‘‘The Commission shall terminate on November 10,

3 1997.’’.

4 SEC. 116. 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. 117. Section 402(b)(1) of the Indian Self-Deter19 mination and Education Assistance Act (25 U.S.C. 458bb)

20 is amended to read as follows: ‘‘(1) In addition to those

21 Indian tribes participating in self-governance under sub22 section (a) of this section, the Secretary, acting through

23 the Director of the Office of Self-Governance, may select

24 up to 50 new tribes per year from the applicant pool de25 scribed in subsection (c) of this section to participate in

26 self-governance.’’.
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1 SEC. 118. 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. 119. 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-
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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. 120. 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.
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1 SEC. 121. 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,

18 T. 13 S., R. 70 E., Mount Diablo Meridian; East

1⁄2, North East 1 19 ⁄4 Sec. 12, T. 13 S., R. 70 E.,

Mount Diablo Meridian; East 1⁄2, West 1 20 ⁄2 North

East 1 21 ⁄4 Sec. 12, T. 13 S., R. 70 E., Mount Diablo

22 Meridian.

‘‘Parcel C—West 1 23 ⁄2 Sec. 6, T. 13 S., R. 71 E.,

24 Mount Diablo Meridian; Sec. 1, T. 13 S., R. 70 E.,

Mount Diablo Meridian; West 1⁄2, West 1 25 ⁄2, North
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East 1 1 ⁄4 Sec. 12, T. 13 S., R. 70 E., Mount Diablo

Meridian; North West 1 2 ⁄4 Sec. 13, S., R. 70 E.,

Mount Diablo Meridian; West 1 3 ⁄2 Sec. 12, T. 13 S.,

R. 70 E., Mount Diablo Meridian; East 1 4 ⁄2, South

East 1 5 ⁄4, Sec. 11, T. 13 S., R. 70 E., Mount Diablo

Meridian; East 1⁄2 North East 1 6 ⁄4, Sec. 14, T. 13 S.,

7 R. 70 E., Mount Diablo Meridian.

‘‘Parcel D—South 1 8 ⁄2 Sec. 14, T. 13 S., R. 70

E., Mount Diablo Meridian; South West 1 9 ⁄4, Sec. 13,

10 T. 13 S., R. 70 E., Mount Diablo Meridian; Portion

11 of section 23, North of Interstate 15, T. 13 S., R.

12 70 E., Mount Diablo Meridian; Portion of section

13 24, North of Interstate 15, T. 13 S., R. 70 E.,

14 Mount Diablo Meridian; Portion of section 26,

15 North of Interstate 15, T. 13 S., R. 70 E., Mount

16 Diablo Meridian.’’

17 SEC. 122. Father Aull Site Transfer.—

18 (a) This section may be cited as the ‘‘Father Aull

19 Site Transfer Act of 1996’’.

20 (b) FINDINGS.—Congress finds that—

21 (1) the buildings and grounds developed by Fa22 ther Roger Aull located on public domain land near

23 Silver City, New Mexico, are historically significant

24 to the citizens of the community;
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1 (2) vandalism at the site has become increas2 ingly destructive and frequent in recent years;

3 (3) because of the isolated location and the dis4 tance from other significant resources and agency

5 facilities, the Bureau of Land Management has been

6 unable to devote sufficient resources to restore and

7 protect the site from further damage; and

8 (4) St. Vincent DePaul Parish in Silver City,

9 New Mexico, has indicated an interest in, and devel10 oped a sound proposal for the restoration of the site,

11 such that the site could be permanently occupied

12 and used by the community.

13 (c) CONVEYANCE OF PROPERTY.—Subject to valid

14 existing rights, all right, title and interest of the United

15 States in and to the land (including improvements on the

16 land), consisting of approximately 43.06 acres, located ap17 proximately 10 miles east of Silver City, New Mexico, and

18 described as follows: T. 17 S., R. 12 W., Section 30: Lot

19 13, and Section 31: Lot 27 (as generally depicted on the

20 map dated July 1995) is hereby conveyed by operation of

21 law to St. Vincent DePaul Parish in Silver City, New Mex22 ico, without consideration.

23 (d) RELEASE.—Upon the conveyance of any land or

24 interest in land identified in this section of St. Vincent

25 DePaul Parish, St. Vincent DePaul Parish shall assume
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1 any liability for any claim relating to the land or interest

2 in the land arising after the date of the conveyance.

3 (e) MAP.—The map referred to in this section shall

4 be on file and available for public inspection in—

5 (1) the State of New Mexico Office of the Bu6 reau of Land Management, Santa Fe, New Mexico;

7 and

8 (2) the Las Cruces District Office of the Bu9 reau of Land Management, Las Cruces, New Mex10 ico.

11 SEC. 123. The second proviso under the heading

12 ‘‘Bureau of Mines, Administrative Provisions’’ of Public

13 Law 104–134 is amended by inserting after the word

14 ‘‘authorized’’ the word ‘‘hereafter’’.

15 SEC. 124. Watershed Restoration and Enhance16 ment Agreements.

17 (a) IN GENERAL.—For fiscal year 1997 and each

18 fiscal year thereafter, appropriations made for the Bu19 reau of Land Management may be used by the Secretary

20 of the Interior for the purpose of entering into coopera21 tive agreements with willing private landowners for res22 toration and enhancement of fish, wildlife, and other bi23 otic resources on public or private land or both that bene24 fit these resources on public lands within the watershed.
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1 (b) DIRECT AND INDIRECT WATERSHED AGREE2 MENTS.—The Secretary of the Interior may enter into a

3 watershed restoration and enhancement agreement—

4 (1) directly with a willing private landowner; or

5 (2) indirectly through an agreement with a

6 state, local, or tribal government or other public en7 tity, educational institution, or private nonprofit or8 ganization.

9 (c) TERMS AND CONDITIONS.—In order for the

10 Secretary to enter into a watershed restoration and en11 hancement agreement—

12 (1) the agreement shall—

13 (A) include such terms and conditions mu14 tually agreed to by the Secretary and the land15 owner;

16 (B) improve the viability of and otherwise

17 benefit the fish, wildlife, and other biotic re18 sources on public land in the watershed;

19 (C) authorize the provision of technical as20 sistance by the Secretary in the planning of

21 management activities that will further the pur22 poses of the agreement;

23 (D) provide for the sharing of costs of im24 plementing the agreement among the Federal

25 government, the landowner, and other entities,
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1 as mutually agreed on by the affected interests;

2 and

3 (E) ensure that any expenditure by the

4 Secretary pursuant to the agreement is deter5 mined by the Secretary to be in the public in6 terest; and

7 (2) the Secretary may require such other terms

8 and conditions as are necessary to protect the public

9 investment on private lands, provided such terms

10 and conditions are mutually agreed to by the Sec11 retary and the landowner.

12 SEC. 125. Visitor Center Designation at Channel

13 Islands National Park.

14 (a) The visitor center at Channel Islands National

15 Park, California, is hereby designated as the ‘‘Robert J.

16 Lagomarsino Visitor Center’’.

17 (b) Any reference in law, regulation, paper,

18 record, map, or any other document in the United States

19 to the visitor center referred to in subsection (a) shall be

20 deemed to be a reference to the ‘‘Robert J. Lagomarsino

21 Visitor Center’’.
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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, $155,461,000, to remain

14 available until expended, as authorized by law: Provided,

15 That of funds available under this heading for Pacific

16 Northwest Assistance in this or prior appropriations Acts.

17 $750,000 shall be provided to the World Forestry Center

18 for purposes of continuing scientific research and other

19 authorized efforts regarding the land exchange efforts in

20 the Umpqua River Basin region.

21 NATIONAL FOREST SYSTEM

22 For necessary expenses of the Forest Service, not

23 otherwise provided for, for management, protection, im24 provement, and utilization of the National Forest System,

25 for ecosystem planning, inventory, and monitoring, and for
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1 administrative expenses associated with the management

2 of funds provided under the heads ‘‘Forest and Rangeland

3 Research,’’ ‘‘State and Private Forestry,’’ ‘‘National For4 est System,’’ ‘‘Wildland Fire Management,’’ ‘‘Reconstruc5 tion and Construction,’’ and ‘‘Land Acquisition,’’

6 $1,274,781,000, to remain available until expended, and

7 including 50 per centum of all monies received during the

8 prior fiscal year as fees collected under the Land and

9 Water Conservation Fund Act of 1965, as amended, in

10 accordance with section 4 of the Act (16 U.S.C. 460l–

11 6a(i)): Provided, That up to $5,000,000 of the funds pro12 vided herein for road maintenance shall be available for

13 the planned obliteration of roads which are no longer need14 ed.

15 WILDLAND FIRE MANAGEMENT

16 For necessary expenses for forest fire presuppression

17 activities on National Forest System lands, for emergency

18 fire suppression on or adjacent to such lands or other

19 lands under fire protection agreement, and for emergency

20 rehabilitation of burned over National Forest System

21 lands, $530,016,000, to remain available until expended:

22 Provided, That unexpended balances of amounts pre23 viously appropriated under any other headings for Forest

24 Service fire activities are transferred to and merged with

25 this appropriation and subject to the same terms and con-
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1 ditions: Provided further, That such funds are available

2 for repayment of advances from other appropriations ac3 counts previously transferred for such purposes.

4 RECONSTRUCTION AND CONSTRUCTION

5 For necessary expenses of the Forest Service, not

6 otherwise provided for, $174,974,000, to remain available

7 until expended for construction, reconstruction and acqui8 sition of buildings and other facilities, and for construc9 tion, reconstruction and repair of forest roads and trails

10 by the Forest Service as authorized by 16 U.S.C. 532–

11 538 and 23 U.S.C. 101 and 205: Provided, That not to

12 exceed $50,000,000, to remain available until expended,

13 may be obligated for the construction of forest roads by

14 timber purchasers: Provided further, That funds appro15 priated under this head for the construction of the Wayne

16 National Forest Supervisor’s Office may be granted to the

17 Ohio State Highway Patrol as the federal share of the cost

18 of construction of a new facility to be occupied jointly by

19 the Forest Service and the Ohio State Highway Patrol:

20 Provided further, That an agreed upon lease of space in

21 the new facility shall be provided to the Forest Service

22 without charge for the life of the building.

23 LAND ACQUISITION

24 For expenses necessary to carry out the provisions

25 of the Land and Water Conservation Fund Act of 1965,

26 as amended (16 U.S.C. 460l–4–11), including administra-
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1 tive expenses, and for acquisition of land or waters, or in2 terest therein, in accordance with statutory authority ap3 plicable to the Forest Service, $40,575,000, to be derived

4 from the Land and Water Conservation Fund, to remain

5 available until expended.

6 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

7 ACTS

8 For acquisition of lands within the exterior bound9 aries of the Cache, Uinta, and Wasatch National Forests,

10 Utah; the Toiyabe National Forest, Nevada; and the An11 geles, San Bernardino, Sequoia, and Cleveland National

12 Forests, California, as authorized by law, $1,069,000, to

13 be derived from forest receipts.

14 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

15 For acquisition of lands, such sums, to be derived

16 from funds deposited by State, county, or municipal gov17 ernments, public school districts, or other public school au18 thorities pursuant to the Act of December 4, 1967, as

19 amended (16 U.S.C. 484a), to remain available until ex20 pended.

21 RANGE BETTERMENT FUND

22 For necessary expenses of range rehabilitation, pro23 tection, and improvement, 50 per centum of all moneys

24 received during the prior fiscal year, as fees for grazing

25 domestic livestock on lands in National Forests in the six-
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1 teen Western States, pursuant to section 401(b)(1) of

2 Public Law 94–579, as amended, to remain available until

3 expended, of which not to exceed 6 per centum shall be

4 available for administrative expenses associated with on5 the-ground range rehabilitation, protection, and improve6 ments.

7 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

8 RANGELAND RESEARCH

9 For expenses authorized by 16 U.S.C. 1643(b),

10 $92,000, to remain available until expended, to be derived

11 from the fund established pursuant to the above Act.

12 ADMINISTRATIVE PROVISIONS, FOREST SERVICE

13 Appropriations to the Forest Service for the current

14 fiscal year shall be available for: (a) purchase of not to

15 exceed 159 passenger motor vehicles of which 14 will be

16 used primarily for law enforcement purposes and of which

17 149 shall be for replacement; acquisition of 10 passenger

18 motor vehicles from excess sources, and hire of such vehi19 cles; operation and maintenance of aircraft, the purchase

20 of not to exceed two for replacement only, and acquisition

21 of 20 aircraft from excess sources; notwithstanding other

22 provisions of law, existing aircraft being replaced may be

23 sold, with proceeds derived or trade-in value used to offset

24 the purchase price for the replacement aircraft; (b) serv25 ices pursuant to 7 U.S.C. 2225, and not to exceed
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1 $100,000 for employment under 5 U.S.C. 3109; (c) pur2 chase, erection, and alteration of buildings and other pub3 lic improvements (7 U.S.C. 2250); (d) acquisition of land,

4 waters, and interests therein, pursuant to 7 U.S.C. 428a;

5 (e) for expenses pursuant to the Volunteers in the Na6 tional Forest Act of 1972 (16 U.S.C. 558a, 558d, 558a

7 note); and (f) for debt collection contracts in accordance

8 with 31 U.S.C. 3718(c).

9 None of the funds made available under this Act shall

10 be obligated or expended to change the boundaries of any

11 region, to abolish any region, to move or close any regional

12 office for research, State and private forestry, or National

13 Forest System administration of the Forest Service, De14 partment of Agriculture, or to implement any reorganiza15 tion, ‘‘reinvention’’ or other type of organizational restruc16 turing of the Forest Service, other than the relocation of

17 the Regional Office for Region 5 of the Forest Service

18 from San Francisco to excess military property at Mare

19 Island, Vallejo, California, without the consent of the

20 House and Senate Committees on Appropriations.

21 Any funds available to the Forest Service may be

22 used for retrofitting Mare Island facilities to accommodate

23 the relocation: Provided, That funds for the move must

24 come from funds otherwise available to Region 5: Provided

25 further, That any funds to be provided for such purposes
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1 shall only be available upon approval of the House and

2 Senate Committees on Appropriations.

3 Any appropriations or funds available to the Forest

4 Service may be advanced to the Wildland Fire Manage5 ment appropriation and may be used for forest firefighting

6 and the emergency rehabilitation of burned-over lands

7 under its jurisdiction.

8 Funds appropriated to the Forest Service shall be

9 available for assistance to or through the Agency for Inter10 national Development and the Foreign Agricultural Serv11 ice in connection with forest and rangeland research, tech12 nical information, and assistance in foreign countries, and

13 shall be available to support forestry and related natural

14 resource activities outside the United States and its terri15 tories and possessions, including technical assistance, edu16 cation and training, and cooperation with United States

17 and international organizations.

18 None of the funds made available to the Forest Serv19 ice under this Act shall be subject to transfer under the

20 provisions of section 702(b) of the Department of Agri21 culture Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C.

22 147b unless the proposed transfer is approved in advance

23 by the House and Senate Committees on Appropriations

24 in compliance with the reprogramming procedures con25 tained in House Report 103–551.
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1 None of the funds available to the Forest Service may

2 be reprogrammed without the advance approval of the

3 House and Senate Committees on Appropriations in ac4 cordance with the procedures contained in House Report

5 103–551.

6 No funds appropriated to the Forest Service shall be

7 transferred to the Working Capital Fund of the Depart8 ment of Agriculture without the approval of the Chief of

9 the Forest Service.

10 Notwithstanding any other provision of the law, any

11 appropriations or funds available to the Forest Service

12 may be used to disseminate program information to pri13 vate and public individuals and organizations through the

14 use of nonmonetary items of nominal value and to provide

15 nonmonetary awards of nominal value and to incur nec16 essary expenses for the nonmonetary recognition of private

17 individuals and organizations that make contributions to

18 Forest Service programs.

19 Notwithstanding any other provision of law, money

20 collected, in advance or otherwise, by the Forest Service

21 under authority of section 101 of Public Law 93–153 (30

22 U.S.C. 185(1)) as reimbursement of administrative and

23 other costs incurred in processing pipeline right-of-way or

24 permit applications and for costs incurred in monitoring

25 the construction, operation, maintenance, and termination
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1 of any pipeline and related facilities, may be used to reim2 burse the applicable appropriation to which such costs

3 were originally charged.

4 Funds available to the Forest Service shall be avail5 able to conduct a program of not less than $1,000,000

6 for high priority projects within the scope of the approved

7 budget which shall be carried out by the Youth Conserva8 tion Corps as authorized by the Act of August 13, 1970,

9 as amended by Public Law 93–408.

10 None of the funds available in this Act shall be used

11 for timber sale preparation using clearcutting in hardwood

12 stands in excess of 25 percent of the fiscal year 1989 har13 vested volume in the Wayne National Forest, Ohio: Pro14 vided, That this limitation shall not apply to hardwood

15 stands damaged by natural disaster: Provided further,

16 That landscape architects shall be used to maintain a vis17 ually pleasing forest.

18 Any money collected from the States for fire suppres19 sion assistance rendered by the Forest Service on non20 Federal lands not in the vicinity of National Forest Sys21 tem lands shall be used to reimburse the applicable appro22 priation and shall remain available until expended as the

23 Secretary may direct in conducting activities authorized

24 by 16 U.S.C. 2101 (note), 2101–2110, 1606, and 2111.
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1 Of the funds available to the Forest Service, $1,500

2 is available to the Chief of the Forest Service for official

3 reception and representation expenses.

4 Notwithstanding any other provision of law, the For5 est Service is authorized to employ or otherwise contract

6 with persons at regular rates of pay, as determined by the

7 Service, to perform work occasioned by emergencies such

8 as fires, storms, floods, earthquakes or any other unavoid9 able cause without regard to Sundays, Federal holidays,

10 and the regular workweek.

11 To the greatest extent possible, and in accordance

12 with the Final Amendment to the Shawnee National For13 est Plan, none of the funds available in this Act shall be

14 used for preparation of timber sales using clearcutting or

15 other forms of even aged management in hardwood stands

16 in the Shawnee National Forest, Illinois.

17 Pursuant to sections 405(b) and 410(b) of Public

18 Law 101–593, funds up to $1,000,000 for matching

19 funds shall be available for the National Forest Founda20 tion on a one-for-one basis to match private contributions

21 for projects on or benefitting National Forest System

22 lands or related to Forest Service programs.

23 Pursuant to section 2(b)(2) of Public Law 98–244,

24 up to $1,000,000 of the funds available to the Forest

25 Service shall be available for matching funds, as author-
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1 ized in 16 U.S.C. 3701–3709, on a one-for-one basis to

2 match private contributions for projects on or benefitting

3 National Forest System lands or related to Forest Service

4 programs.

5 Funds appropriated to the Forest Service shall be

6 available for interactions with and providing technical as7 sistance to rural communities for sustainable rural devel8 opment purposes.

9 Notwithstanding any other provision of law, 80 per10 cent of the funds appropriated to the Forest Service in

11 the National Forest System and Construction accounts

12 and planned to be allocated to activities under the ‘‘Jobs

13 in the Woods’’ program for projects on National Forest

14 land in the State of Washington may be granted directly

15 to the Washington State Department of Fish and Wildlife

16 for accomplishment of planned projects. Twenty percent

17 of said funds shall be retained by the Forest Service for

18 planning and administering projects. Project selection and

19 prioritization shall be accomplished by the Forest Service

20 with such consultation with the State of Washington as

21 the Forest Service deems appropriate.

22 Funds appropriated to the Forest Service shall be

23 available for payments to counties within the Columbia

24 River Gorge National Scenic Area, pursuant to sections
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1 14(c)(1) and (2), and section 16(a)(2) of Public Law 99–

2 663.

3 The Secretary of Agriculture shall by March 31,

4 1997 report to the Committees on Appropriations of the

5 House of Representatives and the Senate on the status

6 and disposition of all salvage timber sales started under

7 the authority of Section 2001 of Public Law 104–19 and

8 subsequently withdrawn or delayed and completed under

9 different authorities as a consequence of the July 2, 1996

10 directive on the implementation of Section 2001 issued

11 by the Secretary.

12 The Pacific Northwest Research Station

13 Silviculture Laboratory in Bend, Oregon is hereby named

14 the ‘‘Robert W. Chandler Building’’.

15 For purposes of the Southeast Alaska Economic

16 Disaster Fund as set forth in section 101(c) of Public

17 Law 104–134, the direct grants provided in subsection

18 (c) shall be considered direct payments for purposes of all

19 applicable law except that these direct grants may not be

20 used for lobbying activities.

21 No employee of the Department of Agriculture

22 may be detailed or assigned from an agency or office

23 funded by this Act to any other agency or office of the

24 Department for more than 30 days unless the individ25 ual’s employing agency or office is fully reimbursed by
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1 the receiving agency or office for the salary and expenses

2 of the employee for the period of assignment.

3 DEPARTMENT OF ENERGY

4 CLEAN COAL TECHNOLOGY

5 (RESCISSION)

6 Of the funds made available under this heading for

7 obligation in fiscal year 1997 or prior years, $123,000,000

8 are rescinded: Provided, That funds made available in pre9 vious appropriations Acts shall be available for any ongo10 ing project regardless of the separate request for proposal

11 under which the project was selected.

12 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

13 For necessary expenses in carrying out fossil energy

14 research and development activities, under the authority

15 of the Department of Energy Organization Act (Public

16 Law 95–91), including the acquisition of interest, includ17 ing defeasible and equitable interests in any real property

18 or any facility or for plant or facility acquisition or expan19 sion, and for conducting inquiries, technological investiga20 tions and research concerning the extraction, processing,

21 use, and disposal of mineral substances without objection22 able social and environmental costs (30 U.S.C. 3, 1602,

23 and 1603), performed under the minerals and materials

24 science programs at the Albany Research Center in Or25 egon, $364,704,000, to remain available until expended:

26 Provided, That no part of the sum herein made available
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1 shall be used for the field testing of nuclear explosives in

2 the recovery of oil and gas.

3 ALTERNATIVE FUELS PRODUCTION

4 (INCLUDING TRANSFER AND RESCISSION OF FUNDS)

5 Monies received as investment income on the prin6 cipal amount in the Great Plains Project Trust at the

7 Norwest Bank of North Dakota, in such sums as are

8 earned as of October 1, 1996, shall be deposited in this

9 account and immediately transferred to the General Fund

10 of the Treasury. Monies received as revenue sharing from

11 the operation of the Great Plains Gasification Plant shall

12 be immediately transferred to the General Fund of the

13 Treasury. Funds are hereby rescinded in the amount of

14 $2,500,000 from unobligated balances under this head.

15 NAVAL PETROLEUM AND OIL SHALE RESERVES

16 For necessary expenses in carrying out naval petro17 leum and oil shale reserve activities, $143,786,000, to re18 main available until expended: Provided, That the require19 ments of 10 U.S.C. 7430(b)(2)(B) shall not apply to fiscal

20 year 1997.

21 ENERGY CONSERVATION

22 For necessary expenses in carrying out energy con23 servation activities, $569,762,000, to remain available

24 until expended, including, notwithstanding any other pro25 vision of law, the excess amount for fiscal year 1997 deter-
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1 mined under the provisions of section 3003(d) of Public

2 Law 99–509 (15 U.S.C. 4502): Provided, That

3 $149,845,000 shall be for use in energy conservation pro4 grams as defined in section 3008(3) of Public Law 99–

5 509 (15 U.S.C. 4507) and shall not be available until ex6 cess amounts are determined under the provisions of sec7 tion 3003(d) of Public Law 99–509 (15 U.S.C. 4502):

8 Provided further, That notwithstanding section 3003(d)(2)

9 of Public Law 99–509 such sums shall be allocated to the

10 eligible programs as follows: $120,845,000 for weatheriza11 tion assistance grants and $29,000,000 for State energy

12 conservation grants.

13 ECONOMIC REGULATION

14 For necessary expenses in carrying out the activities

15 of the Office of Hearings and Appeals, $2,725,000, to re16 main available until expended.

17 STRATEGIC PETROLEUM RESERVE

18 (INCLUDING TRANSFER OF FUNDS)

19 For necessary expenses for Strategic Petroleum Re20 serve facility development and operations and program

21 management activities pursuant to the Energy Policy and

22 Conservation Act of 1975, as amended (42 U.S.C. 6201

23 et seq.), $220,000,000, to remain available until expended,

24 of which $220,000,000 shall be repaid from the ‘‘SPR Op25 erating Fund’’ from amounts made available from the sale
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1 of oil from the Reserve: Provided, That notwithstanding

2 section 161 of the Energy Policy and Conservation Act,

3 the Secretary shall draw down and sell in fiscal year 1997

4 $220,000,000 worth of oil from the Strategic Petroleum

5 Reserve: Provided further, That the proceeds from the sale

6 shall be deposited into a special account in the Treasury,

7 to be established and known as the ‘‘SPR Operating

8 Fund’’, and shall, upon receipt, be transferred to the Stra9 tegic Petroleum Reserve account for operations of the

10 Strategic Petroleum Reserve.

11 SPR PETROLEUM ACCOUNT

12 Notwithstanding 42 U.S.C. 6240(d) the United

13 States share of crude oil in Naval Petroleum Reserve

14 Numbered 1 (Elk Hills) may be sold or otherwise disposed

15 of to other than the Strategic Petroleum Reserve: Pro16 vided, That outlays in fiscal year 1997 resulting from the

17 use of funds in this account shall not exceed $5,000,000.

18 ENERGY INFORMATION ADMINISTRATION

19 For necessary expenses in carrying out the activities

20 of the Energy Information Administration, $66,120,000

21 to remain available until expended.

22 ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY

23 Appropriations under this Act for the current fiscal

24 year shall be available for hire of passenger motor vehicles;

25 hire, maintenance, and operation of aircraft; purchase, re-
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1 pair, and cleaning of uniforms; and reimbursement to the

2 General Services Administration for security guard serv3 ices.

4 From appropriations under this Act, transfers of

5 sums may be made to other agencies of the Government

6 for the performance of work for which the appropriation

7 is made.

8 None of the funds made available to the Department

9 of Energy under this Act shall be used to implement or

10 finance authorized price support or loan guarantee pro11 grams unless specific provision is made for such programs

12 in an appropriations Act.

13 The Secretary is authorized to accept lands, build14 ings, equipment, and other contributions from public and

15 private sources and to prosecute projects in cooperation

16 with other agencies, Federal, State, private or foreign:

17 Provided, That revenues and other moneys received by or

18 for the account of the Department of Energy or otherwise

19 generated by sale of products in connection with projects

20 of the Department appropriated under this Act may be

21 retained by the Secretary of Energy, to be available until

22 expended, and used only for plant construction, operation,

23 costs, and payments to cost-sharing entities as provided

24 in appropriate cost-sharing contracts or agreements: Pro25 vided further, That the remainder of revenues after the
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1 making of such payments shall be covered into the Treas2 ury as miscellaneous receipts: Provided further, That any

3 contract, agreement, or provision thereof entered into by

4 the Secretary pursuant to this authority shall not be exe5 cuted prior to the expiration of 30 calendar days (not in6 cluding any day in which either House of Congress is not

7 in session because of adjournment of more than three cal8 endar days to a day certain) from the receipt by the

9 Speaker of the House of Representatives and the Presi10 dent of the Senate of a full comprehensive report on such

11 project, including the facts and circumstances relied upon

12 in support of the proposed project.

13 No funds provided in this Act may be expended by

14 the Department of Energy to prepare, issue, or process

15 procurement documents for programs or projects for

16 which appropriations have not been made.

17 In addition to other authorities set forth in this Act,

18 the Secretary may accept fees and contributions from pub19 lic and private sources, to be deposited in a contributed

20 funds account, and prosecute projects using such fees and

21 contributions in cooperation with other Federal, State or

22 private agencies or concerns.
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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
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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
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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.
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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-
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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
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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.
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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-
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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
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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.
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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
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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
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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.
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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.
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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.
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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
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1 available for the compensation of Executive Level V or

2 higher positions.

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.
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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.
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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-
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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
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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
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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
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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

26 the Interior shall allow the applicant to fund a qualified
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1 third-party contractor to be selected by the Bureau of

2 Land Management to conduct a mineral examination of

3 the mining claims or mill sites contained in a patent appli4 cation as set forth in subsection (b). The Bureau of Land

5 Management shall have the sole responsibility to choose

6 and pay the third-party contractor in accordance with the

7 standard procedures employed by the Bureau of Land

8 Management in the retention of third-party contractors.

9 SEC. 315. None of the funds appropriated or other10 wise made available by this Act may be used for the pur11 poses of acquiring lands in the counties of Gallia, Law12 rence, Monroe, or Washington, Ohio, for the Wayne Na13 tional Forest.

14 SEC. 316. Of the funds provided to the National En15 dowment for the Arts:

16 (a) The Chairperson shall only award a grant

17 to an individual if such grant is awarded to such in18 dividual for a literature fellowship, National Herit19 age Fellowship, or American Jazz Masters Fellow20 ship.

21 (b) The Chairperson shall establish procedures

22 to ensure that no funding provided through a grant,

23 except a grant made to a State or local arts agency,

24 or regional group, may be used to make a grant to

25 any other organization or individual to conduct ac-
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1 tivity independent of the direct grant recipient.

2 Nothing in this subsection shall prohibit payments

3 made in exchange for goods and services.

4 (c) No grant shall be used for seasonal support

5 to a group, unless the application is specific to the

6 contents of the season, including identified programs

7 and/or projects.

8 SEC. 317. None of the funds available to the De9 partment of the Interior or the Department of Agri10 culture by this or any other Act may be used to prepare,

11 promulgate, implement, or enforce any interim or final

12 rule or regulation pursuant to Title VIII of the Alaska

13 National Interest Lands Conservation Act to assert juris14 diction, management, or control over any waters (other

15 than non-navigable waters on Federal lands), non-Fed16 eral lands, or lands selected by, but not conveyed to, the

17 State of Alaska pursuant to the Submerged Lands Act

18 of 1953 or the Alaska Statehood Act, or an Alaska Na19 tive Corporation pursuant to the Alaska Native Claims

20 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
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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-
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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. LAND TRANSFER, BEND SILVICULTURE

5 LAB, DESCHUTES NATIONAL FOREST, OREGON.—

6 (a) TRANSFER OF REAL PROPERTY AND ALL

7 IMPROVEMENTS LOCATED THEREON.—Notwith8 standing any other provisions of law, there is hereby

9 transferred, without consideration and subject to ex10 isting valid rights, all right, title and interest of the

11 United States in and to approximately 5.73 acres of

12 land as described by plat dated July 7, 1977, (which

13 is on file and available for public inspection in the

14 Office of the Chief, USDA Forest Service, Washing15 ton, D.C.), as well as all improvements, including

16 the Bend Silviculture Lab located thereon, to the

17 Central Oregon Community College, Bend, Oregon;

18 this being a portion of the same tract acquired by

19 donation from the City of Bend on August 10, 1960,

20 through a Bargain and Sale deed to the USDA For21 est Service for use as a research lab, and recorded

22 in volume 125, page 508 of the Deschutes County,

23 Oregon, Deed Records.
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1 (b) CONDITIONS OF TRANSFER.—The transfer

2 effected by subsection (a) is made subject to no spe3 cial terms or conditions.

4 SEC. 322. No part of any appropriation contained in

5 this Act or any other Act shall be expended or obligated

6 to fund the activities of the Office of Forestry and Eco7 nomic Assistance, or any successor office after December

8 31, 1996.

9 SEC. 323. (a) The Secretary of the Interior is author10 ized to accept title to approximately 84 acres of land lo11 cated in Prince Georges County, Maryland, adjacent to

12 Oxon Cove Park, and bordered generally by the Potomac

13 River, Interstate 295 and the Woodrow Wilson Bridge, or

14 any interest therein, and in exchange therefor may convey

15 to the Corrections Corporation of America approximately

16 50 acres of land located in Oxon Cove Park in the District

17 of Columbia and bordered generally by Oxon Cove, Inter18 state 295 and the District of Columbia Impound Lot, or

19 any interest therein.

20 (b) Before proceeding with an exchange, the Sec21 retary shall determine if the federal property is suitable

22 for exchange under the criteria normally used by the Na23 tional Park Service. The exchange shall comply with appli24 cable regulations and National Park Service policies for

25 land exchanges.
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1 (c)(1) The Secretary shall not acquire any lands

2 under this section if the Secretary determines that the

3 lands or any portion thereof have become contaminated

4 with hazardous substances (as defined in the Comprehen5 sive Environmental Response, Compensation, and Liabil6 ity Act (42 U.S.C. 9601)).

7 (2) Notwithstanding any other provision of law, the

8 United States shall have no responsibility or liability with

9 respect to any hazardous wastes or other substances

10 placed on any of the lands covered by this section after

11 their transfer to the ownership of any party, but nothing

12 in this section shall be construed as either diminishing or

13 increasing any responsibility or liability of the United

14 States based on the condition of such lands on the date

15 of their transfer to the ownership of another party: Pro16 vided, That the Corrections Corporation of America shall

17 indemnify the United States for liabilities arising under

18 the Comprehensive Environmental Response, Compensa19 tion, and Liability Act (42 U.S.C. 9601) and the Resource

20 Conservation Recovery Act (42 U.S.C. 6901, et seq.).

21 (d) The properties so exchanged either shall be ap22 proximately equal in fair market value or if they are not

23 approximately equal, shall be equalized by the payment of

24 cash to the Corporation or to the Secretary as required

25 or in the event the value of the Corporation’s lands is
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1 greater, the acreage may be reduced so that the fair mar2 ket value is approximately equal: Provided, That the Sec3 retary shall order appraisals made of the fair market value

4 for improvements thereon: Provided further, That any

5 such cash payment received by the Secretary shall be de6 posited to ‘‘Miscellaneous Trust Funds, National Park

7 Service’’ and shall be available without further appropria8 tion until expended for the acquisition of land within the

9 National Park System.

10 (e) Costs of conducting necessary land surveys, pre11 paring the legal descriptions of the lands to be conveyed,

12 performing the appraisals, and administrative costs in13 curred in completing the exchange shall be borne by the

14 Corporation.

15 (f) Following any exchange authorized by this provi16 sion, the boundaries of Oxon Cove Park shall be expanded

17 to include the land acquired by the United States.

18 SEC. 324. SECTION 1. LAND EXCHANGE.—

19 (a) EXCHANGE.—Subject to subsection (c), the

20 Secretary of Agriculture (referred to in this section

21 as the ‘‘Secretary’’) shall convey all right, title, and

22 interest of the United States in and to the National

23 Forest System lands described in subsection (b)(1)

24 to Public Utility District No. 1 of Chelan County,

25 Washington (referred to in this section as the ‘‘Pub-
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1 lic Utility District’’), in exchange for the conveyance

2 to the Department of Agriculture by the Public Util3 ity District of all right, title, and interest of the

4 Public Utility District in and to the lands described

5 in subsection (b)(2).

6 (b) DESCRIPTION OF LANDS.—

7 (1) NATIONAL FOREST SYSTEM LANDS.—

8 The National Forest System lands referred to

9 in subsection (a) are 122 acres, more or less,

10 that are partially occupied by a wastewater

11 treatment facility referred to in subsection

12 (c)(4)(A) with the following legal description:

(A) The NE1⁄4 of SW1 13 ⁄4 of section 27

14 of township 27 north, range 17 east, Wil15 lamette Meridian, Chelan County, Wash16 ington.

(B) The N1⁄2 of SE1⁄4 of SW1 17 ⁄4 of

18 such section 27.

(C) The W1⁄2 of NW1⁄4 of SE1 19 ⁄4 of

20 such section 27.

(D) The NW1⁄4 of SW1⁄4 of SE1 21 ⁄4 of

22 such section 27.

(E) The E1⁄2 of NW1⁄4 of the SE1 23 ⁄4 of

24 such section 27.
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(F) That portion of the S1⁄2 of SE1 1 ⁄4

of SW1 2 ⁄4 lying north of the northerly edge

3 of Highway 209 right-of-way of such sec4 tion 27.

5 (2) PUBLIC UTILITY DISTRICT LANDS.—

6 The lands owned by the Public Utility District

7 are 109.15 acres, more or less, with the follow8 ing legal description:

(A) S1⁄2 of SW1 9 ⁄4 of section 35 of

10 township 26 north, range 17 east, Willam11 ette Meridian, Chelan County, Washington.

12 (B) The area specified by Public Util13 ity District No. 1 as Government Lot 5 in

14 such section 35.

15 (c) REQUIREMENTS FOR EXCHANGE.—

16 (1) TITLE ACCEPTANCE AND CONVEY17 ANCE.—Upon offer by the Public Utility Dis18 trict of all right, title and interest in and to the

19 lands described in subsection (b)(2), if the title

20 is found acceptable by the Secretary, the Sec21 retary shall accept title to such lands and inter22 ests therein and shall convey to the Public Util23 ity District all right, title, and interest of the

24 United States in and to the lands described in

25 subsection (b)(1).
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1 (2) APPRAISALS REQUIRED.—Before mak2 ing an exchange pursuant to subsection (a), the

3 Secretary shall conduct appraisals of the lands

4 that are subject to the exchange to determine

5 the fair market value of the lands. Such ap6 praisals shall not include the value of the

7 wastewater treatment facility referred to in

8 paragraph (4)(A).

9 (3) ADDITIONAL CONSIDERATION.—If, on

10 the basis of the appraisals made under para11 graph (1), the Secretary determines that the

12 fair market value of the lands to be conveyed by

13 one party under subsection (a) is less than the

14 fair market value of the lands to be conveyed by

15 the other party under subsection (a), then, as

16 a condition of making the exchange under sub17 section (a), the party conveying the lands with

18 the lesser value shall pay the other party the

19 amount by which the fair market value of the

20 lands of greater value exceeds the fair market

21 value of the lands of lesser value.

22 (4) CONVEYANCE OF WASTEWATER TREAT23 MENT FACILITY.—(A) As part of an exchange

24 made under subsection (a), the Secretary shall

25 convey to the Public Utility District of Chelan
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1 County, Washington, all right, title and interest

2 of the United States in and to the wastewater

3 treatment facility (including the wastewater

4 treatment plant and associated lagoons) located

5 on the lands described in subsection (b)(1) that

6 is in existence on the date of the exchange.

7 (B) As a condition for the exchange under

8 subsection (a), the Public Utility District shall

9 provide for a credit equal to the fair market

10 value of the wastewater treatment facility con11 veyed pursuant to subparagraph (A) (deter12 mined as of November 4, 1991), that shall be

13 applied to the United States’ share of any new

14 wastewater treatment facility constructed by

15 the Public Utility District after such date.

16 (d) ADDITIONAL TERMS AND CONDITIONS.—

17 The Secretary may require such additional terms

18 and conditions in connection with the exchange

19 under this section as the Secretary determines ap20 propriate to protect the interests of the United

21 States.

22 SEC. 325. ‘‘Snoqualmie National Forest Boundary

23 Adjustment Act of 1996.’’

24 (a) IN GENERAL.—The Secretary of Agriculture

25 is hereby directed to modify the boundary of the
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1 Snoqualmie National Forest to include and encom2 pass 10,589.47 acres, more or less, as generally de3 picted on a map entitled ‘‘Snoqualmie National For4 est Proposed 1996 Boundary Modification’’ dated

5 July, 1996. Such map, together with a legal descrip6 tion of all lands included in the boundary adjust7 ment, shall be on file and available for public inspec8 tion in the Office of the Chief of the Forest Service

9 in Washington, District of Columbia.

10 (b) RULE FOR LAND AND WATER CONSERVA11 TION FUND.—For the purposes of section 7 of the

12 Land and Water Conservation Fund Act of 1965

13 (16 U.S.C. 460l–9), the boundary of the Snoqualmie

14 National Forest, as modified pursuant to subsection

15 (a), shall be considered to be the boundary of that

16 National Forest as of January 1, 1965.

17 SEC. 326. Sugarbush Land Exchange Act of 1996.

18 (a) EXCHANGE OR SALE OF LAND.—

19 (1) If Sugarbush Resort Holdings, Inc.

20 conveys to the United States land acceptable to

21 the Secretary of Agriculture that is at least

22 equal in value to the value of the land described

23 in subsection (a)(2), makes a payment of cash

24 at least equal to that value, or conveys land and

25 makes a payment of cash that in combination
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1 are at least equal to that value, the Secretary,

2 subject to valid existing rights, shall, under

3 such terms and conditions as the Secretary may

4 prescribe, convey all right, title, and interest of

5 the United States in and to the land described

6 in subsection (a)(2).

7 (2) FEDERAL LAND TO BE EXCHANGED.—

8 The Federal land to be exchanged is approxi9 mately 57 acres of federally owned land in the

10 Green Mountain National Forest depicted on

11 the map entitled ‘‘Green Mountain National

12 Forest, Sugarbush Exchange,’’ dated December

13 1995.

14 (3) Lands acquired from Sugarbush Resort

15 Holdings, Inc.—Any land conveyed to the Unit16 ed States in an exchange under subsection

17 (a)(1) shall be subject to such valid existing

18 rights of record as may be acceptable to the

19 Secretary, and the title to the parcel shall con20 form with the title approval standards applica21 ble to federal land acquisitions.

22 (b) ADMINISTRATION OF LAND.—

23 (1) ADDITION TO GREEN MOUNTAIN NA24 TIONAL FOREST.—On approval and acceptance

25 of title by the Secretary, the land acquired by
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1 the United States through an exchange or with

2 proceeds from a sale under subsection (a) shall

3 become part of the Green Mountain National

4 Forest, and the boundaries of the National For5 est shall be adjusted to include the land.

6 (2) ADMINISTRATION.—Land acquired

7 under this Act shall be administered by the Sec8 retary in accordance with the laws (including

9 regulations) pertaining to the National Forest

10 System.

11 (3) AUTHORITY OF THE SECRETARY.—

12 This section does not limit the authority of the

13 Secretary to adjust the boundaries of the Green

14 Mountain National Forest pursuant to section

15 11 of the Act of March 1, 1911 (36 Stat. 963,

16 chapter 186; 16 U.S.C. 521) (commonly known

17 as the ‘‘Weeks Law’’).

18 (4) For the purposes of section 7 of the

19 Land and Water Conservation Fund Act of

20 1965 (16 U.S.C. 460l–9), the boundaries of the

21 Green Mountain National Forest, as adjusted

22 under this Act, shall be considered to be the

23 boundaries of the Green Mountain National

24 Forest as of January 1, 1965.

25 SEC. 327. Snowbird Wilderness Study Area.
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1 (a) IN GENERAL.—Section 6(a)(4) of the North

2 Carolina Wilderness Act of 1984 (Public Law 98–324) is

3 amended—

4 (1) by striking ‘‘eight thousand four hundred

5 and ninety acres’’ and inserting ‘‘8,390 acres’’; and

6 (b) by striking ‘‘July 1983’’ and inserting ‘‘July

7 1996’’.

8 (B) MANAGEMENT.—The Secretary of Agriculture

9 shall manage the area removed from wilderness study

10 status by the amendments made by subsection (a) in ac11 cordance with the provision of law applicable to adjacent

12 areas outside the wilderness study area.

13 SEC. 328. Renaming of Wilderness Area.

14 (a) The Columbia Wilderness, created by the Or15 egon Wilderness Act of 1984, Public Law 98–328, lo16 cated in the Mt. Hood National Forest, Oregon, shall be

17 known and designated as the ‘‘Mark O. Hatfield Wilder18 ness’’.

19 (b) Any references in a law, map, regulation, doc20 ument, paper, or other record of the United States to the

21 Columbia Wilderness shall be deemed to be a reference

22 to the ‘‘Mark O. Hatfield Wilderness’’.

23 SEC. 329. Notwithstanding any other provision of

24 law, for fiscal year 1997 the Secretaries of Agriculture

25 and Interior are authorized to limit competition for wa-
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1 tershed restoration project contracts as part of the ‘‘Jobs

2 in the Woods’’ component of the President’s Forest Plan

3 for the Pacific Northwest to individuals and entities in

4 historically timber-dependent areas in the States of

5 Washington, Oregon, and northern California that have

6 been affected by reduced timber harvesting on Federal

7 lands.

8 SEC. 330. Section 9 of the Rhode Island Indian

9 Claims Settlement Act (25 U.S.C. 1708) is amended—

10 (1) by striking ‘‘Sec. 9. Except as’’; and insert11 ing the following:

12 ‘‘(a) IN GENERAL.—Except as’’;

13 (2) by striking the section heading and insert14 ing the following:

15 ‘‘SEC. 9. APPLICABILITY OF STATE LAW; TREATMENT OF

16 SETTLEMENT LANDS UNDER THE INDIAN

17 GAMING REGULATORY ACT.’’;

18 and

19 (3) by adding at the end the following new sub20 section:

21 ‘‘(b) TREATMENT OF SETTLEMENT LANDS

22 UNDER THE INDIAN GAMING REGULATORY ACT.—For

23 purposes of the Indian Gaming Regulatory Act (25

24 U.S.C. 2701 et seq.), settlement lands shall not be treat25 ed as Indian lands.’’.
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1 TITLE IV—EMERGENCY APPROPRIATIONS

2 DEPARTMENT OF THE INTERIOR

3 BUREAU OF LAND MANAGEMENT

4 MANAGEMENT OF LANDS AND RESOURCES

5 For an additional amount for management of

6 lands and resources, $3,500,000, to remain available

7 until expended, to restore public lands damaged by fire:

8 Provided, That Congress hereby designates this amount

9 as an emergency requirement pursuant to section

10 251(b)(2)(D)(i) of the Balanced Budget and Emergency

11 Deficit Control Act of 1985, as amended: Provided fur12 ther, That this amount shall be available only to the ex13 tent that an official budget request for a specific dollar

14 amount, that includes designation of the entire amount

15 as an emergency requirement as defined in the Balanced

16 Budget and Emergency Deficit Control Act of 1985, as

17 amended, is transmitted by the President to the Con18 gress.

19 WILDLAND FIRE MANAGEMENT

20 For an additional amount for wildland fire man21 agement, $100,000,000, to remain available until ex22 pended, for emergency rehabilitation and wildfire sup23 pression activities of the Department of the Interior: Pro24 vided, That Congress hereby designates this amount as

25 an emergency requirement pursuant to section

26 251(b)(2)(D)(i) of the Balanced Budget and Emergency
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1 Deficit Control Act of 1985, as amended: Provided fur2 ther, That this amount shall be available only to the ex3 tent that an official budget request for a specific dollar

4 amount, that includes designation of the entire amount

5 as an emergency requirement as defined in the Balanced

6 Budget and Emergency Deficit Control Act of 1985, as

7 amended, is transmitted by the President to the Con8 gress.

9 OREGON AND CALIFORNIA GRANT LANDS

10 For an additional amount for Oregon and Califor11 nia grant lands, $2,500,000, to remain available until ex12 pended, to restore public lands damaged by fire: Pro13 vided, That Congress hereby designates this amount as

14 an emergency requirement pursuant to section

15 251(b)(2)(D)(i) of the Balanced Budget and Emergency

16 Deficit Control Act of 1985, as amended: Provided fur17 ther, That this amount shall be available only to the ex18 tent that an official budget request for a specific dollar

19 amount, that includes designation of the entire amount

20 as an emergency requirement as defined in the Balanced

21 Budget and Emergency Deficit Control Act of 1985, as

22 amended, is transmitted by the President to the Con23 gress.
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1 UNITED STATES FISH AND WILDLIFE SERVICE

2 RESOURCE MANAGEMENT

3 For an additional amount for resource manage4 ment, $2,100,000, to remain available until expended, of

5 which $600,000 is to restore public lands damaged by

6 fire and $1,500,000 is to address anti-terrorism require7 ments: Provided, That Congress hereby designates this

8 amount as an 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: Provided fur11 ther, That this amount shall be available only to the ex12 tent that an official budget request for a specific dollar

13 amount, that includes designation of the entire amount

14 as an emergency requirement as defined in the Balanced

15 Budget and Emergency Deficit Control Act of 1985, as

16 amended, is transmitted by the President to the Con17 gress.

18 CONSTRUCTION

19 For an additional amount for construction,

20 $15,891,000, to remain available until expended, to re21 pair damage caused by hurricanes, floods and other acts

22 of nature: Provided, That Congress hereby designates

23 this amount as an emergency requirement pursuant to

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

25 Emergency Deficit Control Act of 1985, as amended:

26 Provided further, That this amount shall be available only
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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 NATIONAL PARK SERVICE

8 OPERATION OF THE NATIONAL PARK SYSTEM

9 For an additional amount for operation of the Na10 tional park system, $2,300,000, to remain available until

11 expended, to address anti-terrorism requirements: Pro12 vided, That Congress hereby designates this amount as

13 an 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: Provided fur16 ther, That this amount shall be available only to the ex17 tent that an official budget request for a specific dollar

18 amount, that includes designation of the entire amount

19 as an emergency requirement as defined in the Balanced

20 Budget and Emergency Deficit Control Act of 1985, as

21 amended, is transmitted by the President to the Con22 gress.

23 CONSTRUCTION

24 For an additional amount for construction,

25 $9,300,000, to remain available until expended, of which

26 $3,000,000 is to repair damage caused by hurricanes and
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1 $6,300,000 is to address anti-terrorism requirements:

2 Provided, That Congress hereby designates this amount

3 as an emergency requirement pursuant to section

4 251(b)(2)(D)(i) of the Balanced Budget and Emergency

5 Deficit Control Act of 1985, as amended: Provided fur6 ther, That this amount shall be available only to the ex7 tent that an official budget request for a specific dollar

8 amount, that includes designation of the entire amount

9 as an emergency requirement as defined in the Balanced

10 Budget and Emergency Deficit Control Act of 1985, as

11 amended, is transmitted by the President to the Con12 gress.

13 UNITED STATES GEOLOGICAL SURVEY

14 SURVEYS, INVESTIGATIONS, AND RESEARCH

15 For an additional amount for surveys, investiga16 tions, and research, $1,138,000, to remain available until

17 expended, to address damage caused by hurricanes and

18 floods: Provided, That Congress hereby designates this

19 amount as an emergency requirement pursuant to section

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

21 Deficit Control Act of 1985, as amended: Provided fur22 ther, That this amount shall be available only to the ex23 tent that an official budget request for a specific dollar

24 amount, that includes designation of the entire amount

25 as an emergency requirement as defined in the Balanced
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1 Budget and Emergency Deficit Control Act of 1985, as

2 amended, is transmitted by the President to the Con3 gress.

4 BUREAU OF INDIAN AFFAIRS

5 OPERATION OF INDIAN PROGRAMS

6 For an additional amount for operation of Indian

7 programs, $6,600,000, to remain available until ex8 pended, to repair damage caused by floods and to restore

9 Indian lands damaged by fire: Provided, That Congress

10 hereby designates this amount as an emergency require11 ment pursuant to section 251(b)(2)(D)(i) of the Balanced

12 Budget and Emergency Deficit Control Act of 1985, as

13 amended: Provided further, That this amount shall be

14 available only to the extent that an official budget re15 quest for a specific dollar amount, that includes designa16 tion of the entire amount as an emergency requirement

17 as defined in the Balanced Budget and Emergency Defi18 cit Control Act of 1985, as amended, is transmitted by

19 the President to the Congress.

20 CONSTRUCTION

21 For an additional amount for construction,

22 $6,000,000, to remain available until expended, to repair

23 damage caused by floods: Provided, That Congress here24 by designates this amount as an emergency requirement

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

26 Budget and Emergency Deficit Control Act of 1985, as
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1 amended: Provided further, That this amount shall be

2 available only to the extent that an official budget re3 quest for a specific dollar amount, that includes designa4 tion of the entire amount as an emergency requirement

5 as defined in the Balanced Budget and Emergency Defi6 cit Control Act of 1985, as amended, is transmitted by

7 the President to the Congress.

8 DEPARTMENT OF AGRICULTURE

9 FOREST SERVICE

10 NATIONAL FOREST SYSTEM

11 For an additional amount for the National Forest

12 System, $3,395,000 to remain available until expended,

13 to repair damage caused by hurricanes: Provided, That

14 Congress hereby designates this amount as an emergency

15 requirement pursuant to section 251(d)(2)(D)(i) of the

16 Balanced Budget and Emergency Deficit Control Act of

17 1985, as amended; Provided further, That this amount

18 shall be available only to the extent that an official budg19 et request for a specific dollar amount, that includes des20 ignation of the entire amount as an emergency require21 ment as defined in the Balanced Budget and Emergency

22 Deficit Control Act of 1985, as amended, is transmitted

23 by the President to the Congress.

24 WILDLAND FIRE MANAGEMENT

25 For an additional amount for wildland fire man26 agement, $550,000,000, to remain available until ex-
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1 pended, for presuppression due to emergencies, for emer2 gency fire suppression on or adjacent to National Forest

3 System lands or other lands under fire protection agree4 ment and for emergency rehabilitation of burned over

5 National Forest System lands: Provided, That such funds

6 are available for repayment of advances from other ap7 propriations accounts previously transferred for such pur8 poses: Provided further, That Congress hereby designates

9 this amount as an emergency requirement pursuant to

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

11 Emergency Deficit Control Act of 1985, as amended:

12 Provided further, That this amount shall be available only

13 to the extent that an official budget request for a specific

14 dollar amount, that includes designation of the entire

15 amount as an emergency requirement as defined in the

16 Balanced Budget and Emergency Deficit Control Act of

17 1985, as amended, is transmitted by the President to the

18 Congress.

19 RECONSTRUCTION AND CONSTRUCTION

20 For an additional amount for reconstruction and

21 construction, $5,210,000, to remain available until ex22 pended, to repair damage caused by hurricanes: Provided,

23 That Congress hereby designates this amount as an

24 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: Provided fur-
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1 ther, That this amount shall be available only to the ex2 tent that an official budget request for a specific dollar

3 amount, that includes designation of the entire amount

4 as an emergency requirement as defined in the Balanced

5 Budget and Emergency Deficit Control Act of 1985, as

6 amended, is transmitted by the President to the Con7 gress.

8 OTHER RELATED AGENCIES

9 SMITHSONIAN INSTITUTION

10 SALARIES AND EXPENSES

11 For an additional amount for salaries and ex12 penses, $935,000, to remain available until expended, to

13 address anti-terrorism requirements: Provided, That Con14 gress hereby designates this amount as an emergency re15 quirement pursuant to section 251(b)(2)(D)(i) of the

16 Balanced Budget and Emergency Deficit Control Act of

17 1985, as amended: Provided further, That this amount

18 shall be available only to the extent that an official budg19 et request for a specific dollar amount, that includes des20 ignation of the entire amount as an emergency require21 ment as defined in the Balanced Budget and Emergency

22 Deficit Control Act of 1985, as amended, is transmitted

23 by the President to the Congress.
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1 JOHN F. KENNEDY CENTER FOR THE PERFORMING

2 ARTS

3 OPERATIONS AND MAINTENANCE

4 For an additional amount for operations and

5 maintenance, $1,600,000, to remain available until ex6 pended, to address anti-terrorism requirements: Provided,

7 That Congress hereby designates this amount 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: Provided fur11 ther, That this amount shall be available only to the ex12 tent that an official budget request for a specific dollar

13 amount, that includes designation of the entire amount

14 as an emergency requirement as defined in the Balanced

15 Budget and Emergency Deficit Control Act of 1985, as

16 amended, is transmitted by the President to the Con17 gress.

18 CONSTRUCTION

19 For an additional amount for construction,

20 $3,400,000, to remain available until expended, to ad21 dress anti-terrorism requirements: Provided, That Con22 gress hereby designates this amount as an emergency re23 quirement pursuant to section 251(b)(2)(D)(i) of the

24 Balanced Budget and Emergency Deficit Control Act of

25 1985, as amended: Provided further, That this amount

26 shall be available only to the extent that an official budg-
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1 et request for a specific dollar amount, that includes des2 ignation of the entire amount as an emergency require3 ment as defined in the Balanced Budget and Emergency

4 Deficit Control Act of 1985, as amended, is transmitted

5 by the President to the Congress.

6 NATIONAL GALLERY OF ART

7 SALARIES AND EXPENSES

8 For an additional amount for salaries and ex9 penses, $382,000, to remain available until expended, to

10 address anti-terrorism requirements: Provided, That Con11 gress hereby designates this amount as an emergency re12 quirement pursuant to section 251(b)(2)(D)(i) of the

13 Balanced Budget and Emergency Deficit Control Act of

14 1985, as amended: Provided further, That this amount

15 shall be available only to the extent that an official budg16 et request for a specific dollar amount, that includes des17 ignation of the entire amount as an emergency require18 ment as defined in the Balanced Budget and Emergency

19 Deficit Control Act of 1985, as amended, is transmitted

20 by the President to the Congress.

21 UNITED STATES HOLOCAUST MEMORIAL COUNCIL

22 HOLOCAUST MEMORIAL COUNCIL

23 For an additional amount for the Holocaust Me24 morial Council, $1,000,000, to remain available until ex25 pended, to address anti-terrorism requirements: Provided,
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1 That Congress hereby designates this amount as an

2 emergency requirement pursuant to section

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

4 Deficit Control Act of 1985, as amended: Provided fur5 ther, That this amount shall be available only to the ex6 tent that an official budget request for a specific dollar

7 amount, that includes designation of the entire amount

8 as an emergency requirement as defined in the Balanced

9 Budget and Emergency Deficit Control Act of 1985, as

10 amended, is transmitted by the President to the Con11 gress.

12 This Act may be cited as the ‘‘Department of the

13 Interior and Related Agencies Appropriations Act,

14 1997’’.

15 (e) For programs, projects or activities in the De16 partments of Labor, Health and Human Services, and

17 Education, and Related Agencies Appropriations Act,

18 1997, provided as follows, to be effective as if it had been

19 enacted into law as the regular appropriations Act:

20 AN ACT

21 Making appropriations for the Departments of

22 Labor, Health and Human Services, and Education, and

23 related agencies for the fiscal year ending September 30,

24 1997, and for other purposes.
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1 TITLE I—DEPARTMENT OF LABOR

2 EMPLOYMENT AND TRAINING ADMINISTRATION

3 TRAINING AND EMPLOYMENT SERVICES

4 For expenses necessary to carry into effect the

5 Job Training Partnership Act, as amended, including the

6 purchase and hire of passenger motor vehicles, the con7 struction, alteration, and repair of buildings and other fa8 cilities, and the purchase of real property for training

9 centers as authorized by the Job Training Partnership

10 Act; the Women in Apprenticeship and Nontraditional

11 Occupations Act; the National Skill Standards Act of

12 1994; and the School-to-Work Opportunities Act;

13 $4,719,703,000 plus reimbursements, of which

14 $3,559,408,000 is available for obligation for the period

15 July 1, 1997 through June 30, 1998; of which

16 $88,685,000 is available for the period July 1, 1997

17 through June 30, 2000 for necessary expenses of con18 struction, rehabilitation, and acquisition of Job Corps

19 centers; and of which $200,000,000 shall be available

20 from July 1, 1997 through September 30, 1998, for car21 rying out activities of the School-to-Work Opportunities

22 Act: Provided, That $52,502,000 shall be for carrying

23 out section 401 of the Job Training Partnership Act,

24 $69,285,000 shall be for carrying out section 402 of such

25 Act, $7,300,000 shall be for carrying out section 441 of
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1 such Act, $8,000,000 shall be for all activities conducted

2 by and through the National Occupational Information

3 Coordinating Committee under such Act, $895,000,000

4 shall be for carrying out title II, part A of such Act, and

5 $126,672,000 shall be for carrying out title II, part C of

6 such Act: Provided further, That no funds from any other

7 appropriation shall be used to provide meal services at or

8 for Job Corps centers: Provided further, That funds pro9 vided to carry out title III of the Job Training Partner10 ship Act shall not be subject to the limitation contained

11 in subsection (b) of section 315 of such Act; that the

12 waiver allowing a reduction in the cost limitation relating

13 to retraining services described in subsection (a)(2) of

14 such section 315 may be granted with respect to funds

15 from this Act if a substate grantee demonstrates to the

16 Governor that such waiver is appropriate due to the

17 availability of low-cost retraining services, is necessary to

18 facilitate the provision of needs-related payments to ac19 company long-term training, or is necessary to facilitate

20 the provision of appropriate basic readjustment services;

21 and that funds provided to carry out the Secretary’s dis22 cretionary grants under part B of such title III may be

23 used to provide needs-related payments to participants

24 who, in lieu of meeting the requirements relating to en25 rollment in training under section 314(e) of such Act, are
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1 enrolled in training by the end of the sixth week after

2 grant funds have been awarded: Provided further, That

3 service delivery areas may transfer funding provided

4 herein under authority of titles II–B and II–C of the Job

5 Training Partnership Act between the programs author6 ized by those titles of that Act, if such transfer is ap7 proved by the Governor: Provided further, That service

8 delivery areas and substate areas may transfer up to 20

9 percent of the funding provided herein under authority of

10 title II–A and title III of the Job Training Partnership

11 Act between the programs authorized by those titles of

12 the Act, if such transfer is approved by the Governor:

13 Provided further, That, notwithstanding any other provi14 sion of law, any proceeds from the sale of Job Corps cen15 ter facilities shall be retained by the Secretary of Labor

16 to carry out the Job Corps program: Provided further,

17 That notwithstanding any other provision of law, the Sec18 retary of Labor may waive any of the statutory or regu19 latory requirements of titles I–III of the Job Training

20 Partnership Act (except for requirements relating to

21 wage and labor standards, worker rights, participation

22 and protection, grievance procedures and judicial review,

23 nondiscrimination, allocation of funds to local areas, eligi24 bility, review and approval of plans, the establishment

25 and functions of service delivery areas and private indus-
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1 try councils, and the basic purposes of the Act), and any

2 of the statutory or regulatory requirements of sections 8–

3 10 of the Wagner-Peyser Act (except for requirements re4 lating to the provision of services to unemployment insur5 ance claimants and veterans, and to universal access to

6 basic labor exchange services without cost to job seekers),

7 only for funds available for expenditure in program year

8 1997, pursuant to a request submitted by a State which

9 identifies the statutory or regulatory requirements that

10 are requested to be waived and the goals which the State

11 or local service delivery areas intend to achieve, describes

12 the actions that the State or local service delivery areas

13 have undertaken to remove State or local statutory or

14 regulatory barriers, describes the goals of the waiver and

15 the expected programmatic outcomes if the request is

16 granted, describes the individuals impacted by the waiver,

17 and describes the process used to monitor the progress

18 in implementing a waiver, and for which notice and an

19 opportunity to comment on such request has been pro20 vided to the organizations identified in section 105(a)(1)

21 of the Job Training Partnership Act, if and only to the

22 extent that the Secretary determines that such require23 ments impede the ability of the State to implement a

24 plan to improve the workforce development system and

25 the State has executed a Memorandum of Understanding
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1 with the Secretary requiring such State to meet agreed

2 upon outcomes and implement other appropriate meas3 ures to ensure accountability: Provided further, That the

4 Secretary of Labor shall establish a workforce flexibility

5 (work-flex) partnership demonstration program under

6 which the Secretary shall authorize not more than six

7 States, of which at least three States shall each have pop8 ulations not in excess of 3,500,000, with a preference

9 given to those States that have been designated Ed-Flex

10 Partnership States under section 311(e) of Public Law

11 103–227, to waive any statutory or regulatory require12 ment applicable to service delivery areas or substate

13 areas within the State under titles I–III of the Job

14 Training Partnership Act (except for requirements relat15 ing to wage and labor standards, grievance procedures

16 and judicial review, nondiscrimination, allotment of

17 funds, and eligibility), and any of the statutory or regu18 latory requirements of sections 8–10 of the Wagner19 Peyser Act (except for requirements relating to the provi20 sion of services to unemployment insurance claimants

21 and veterans, and to universal access to basic labor ex22 change services without cost to job seekers), for a dura23 tion not to exceed the waiver period authorized under sec24 tion 311(e) of Public Law 103–227, pursuant to a plan

25 submitted by such States and approved by the Secretary
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1 for the provision of workforce employment and training

2 activities in the States, which includes a description of

3 the process by which service delivery areas and substate

4 areas may apply for and have waivers approved by the

5 State, the requirements of the Wagner-Peyser Act to be

6 waived, the outcomes to be achieved and other measures

7 to be taken to ensure appropriate accountability for fed8 eral funds.

9 COMMUNITY SERVICE EMPLOYMENT FOR OLDER

10 AMERICANS

11 (TRANSFER OF FUNDS)

12 To carry out the activities for national grants or

13 contracts with public agencies and public or private non14 profit organizations under paragraph (1)(A) of section

15 506(a) of title V of the Older Americans Act of 1965, as

16 amended, or to carry out older worker activities as subse17 quently authorized, $361,140,000, including $21,840,000

18 which shall be available for the period ending June 30,

19 1997.

20 To carry out the activities for grants to States

21 under paragraph (3) of section 506(a) of title V of the

22 Older Americans Act of 1965, as amended, or to carry

23 out older worker activities as subsequently authorized,

24 $101,860,000, including $6,160,000 which shall be avail25 able for the period ending June 30, 1997.
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1 The funds appropriated under this heading shall

2 be transferred to the Department of Health and Human

3 Services, ‘‘Aging Services Programs’’ following the enact4 ment of legislation authorizing the administration of the

5 program by that Department.

6 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

7 For payments during the current fiscal year of

8 trade adjustment benefit payments and allowances under

9 part I, and for training, for allowances for job search and

10 relocation, and for related State administrative expenses

11 under part II, subchapters B and D, chapter 2, title II

12 of the Trade Act of 1974, as amended, $324,500,000, to13 gether with such amounts as may be necessary to be

14 charged to the subsequent appropriation for payments for

15 any period subsequent to September 15 of the current

16 year.

17 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

18 SERVICE OPERATIONS

19 For authorized administrative expenses,

20 $173,452,000, together with not to exceed

21 $3,146,826,000 (including not to exceed $1,653,000

22 which may be used for amortization payments to States

23 which had independent retirement plans in their State

24 employment service agencies prior to 1980, and including

25 not to exceed $2,000,000 which may be obligated in con26 tracts with non-State entities for activities such as occu-
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1 pational and test research activities which benefit the

2 Federal-State Employment Service System), which may

3 be expended from the Employment Security Administra4 tion account in the Unemployment Trust Fund including

5 the cost of administering section 1201 of the Small Busi6 ness Job Protection Act of 1996, section 7(d) of the

7 Wagner-Peyser Act, as amended, the Trade Act of 1974,

8 as amended, the Immigration Act of 1990, and the Immi9 gration and Nationality Act, as amended, and of which

10 the sums available in the allocation for activities author11 ized by title III of the Social Security Act, as amended

12 (42 U.S.C. 502–504), and the sums available in the allo13 cation for necessary administrative expenses for carrying

14 out 5 U.S.C. 8501–8523, shall be available for obligation

15 by the States through December 31, 1997, except that

16 funds used for automation acquisitions shall be available

17 for obligation by States through September 30, 1999;

18 and of which $23,452,000, together with not to exceed

19 $738,283,000 of the amount which may be expended

20 from said trust fund, shall be available for obligation for

21 the period July 1, 1997 through June 30, 1998, to fund

22 activities under the Act of June 6, 1933, as amended, in23 cluding the cost of penalty mail authorized under 39

24 U.S.C. 3202(a)(1)(E) made available to States in lieu of

25 allotments for such purpose, and of which $216,333,000
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1 shall be available only to the extent necessary for addi2 tional State allocations to administer unemployment com3 pensation laws to finance increases in the number of un4 employment insurance claims filed and claims paid or

5 changes in a State law: Provided, That to the extent that

6 the Average Weekly Insured Unemployment (AWIU) for

7 fiscal year 1997 is projected by the Department of Labor

8 to exceed 2,828,000 an additional $28,600,000 shall be

9 available for obligation for every 100,000 increase in the

10 AWIU level (including a pro rata amount for any incre11 ment less than 100,000) from the Employment Security

12 Administration Account of the Unemployment Trust

13 Fund: Provided further, That funds appropriated in this

14 Act which are used to establish a national one-stop career

15 center network may be obligated in contracts, grants or

16 agreements with non-State entities: Provided further,

17 That funds appropriated under this Act for activities au18 thorized under the Wagner-Peyser Act, as amended, and

19 title III of the Social Security Act, may be used by the

20 States to fund integrated Employment Service and Un21 employment Insurance automation efforts, notwithstand22 ing cost allocation principles prescribed under Office of

23 Management and Budget Circular A–87.
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1 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

2 OTHER FUNDS

3 For repayable advances to the Unemployment

4 Trust Fund as authorized by sections 905(d) and 1203

5 of the Social Security Act, as amended, and to the Black

6 Lung Disability Trust Fund as authorized by section

7 9501(c)(1) of the Internal Revenue Code of 1954, as

8 amended; and for nonrepayable advances to the Unem9 ployment Trust Fund as authorized by section 8509 of

10 title 5, United States Code, section 104(d) of Public Law

11 102–164, and section 5 of Public Law 103–6, and to the

12 ‘‘Federal unemployment benefits and allowances’’ ac13 count, to remain available until September 30, 1998,

14 $373,000,000.

15 In addition, for making repayable advances to the

16 Black Lung Disability Trust Fund in the current fiscal

17 year after September 15, 1997, for costs incurred by the

18 Black Lung Disability Trust Fund in the current fiscal

19 year, such sums as may be necessary.

20 PROGRAM ADMINISTRATION

21 For expenses of administering employment and

22 training programs and for carrying out section 908 of the

23 Social Security Act, $81,393,000, together with not to

24 exceed $39,977,000, which may be expended from the

25 Employment Security Administration account in the Un26 employment Trust Fund.
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1 PENSION AND WELFARE BENEFITS ADMINISTRATION

2 SALARIES AND EXPENSES

3 For necessary expenses for Pension and Welfare

4 Benefits Administration, $77,083,000, of which

5 $6,000,000 shall remain available through September 30,

6 1998 for expenses of revising the processing of employee

7 benefit plan returns.

8 PENSION BENEFIT GUARANTY CORPORATION

9 PENSION BENEFIT GUARANTY CORPORATION FUND

10 The Pension Benefit Guaranty Corporation is au11 thorized to make such expenditures, including financial

12 assistance authorized by section 104 of Public Law 96–

13 364, within limits of funds and borrowing authority avail14 able to such Corporation, and in accord with law, and to

15 make such contracts and commitments without regard to

16 fiscal year limitations as provided by section 104 of the

17 Government Corporation Control Act, as amended (31

18 U.S.C. 9104), as may be necessary in carrying out the

19 program through September 30, 1997, for such Corpora20 tion: Provided, That not to exceed $10,345,000 shall be

21 available for administrative expenses of the Corporation:

22 Provided further, That expenses of such Corporation in

23 connection with the termination of pension plans, for the

24 acquisition, protection or management, and investment of

25 trust assets, and for benefits administration services shall
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1 be considered as non-administrative expenses for the pur2 poses hereof, and excluded from the above limitation.

3 EMPLOYMENT STANDARDS ADMINISTRATION

4 SALARIES AND EXPENSES

5 For necessary expenses for the Employment Stand6 ards Administration, including reimbursement to State,

7 Federal, and local agencies and their employees for in8 spection services rendered, $290,422,000, together with

9 $983,000 which may be expended from the Special Fund

10 in accordance with section 39(c) and 44 (j) of the

11 Longshore and Harbor Workers’ Compensation Act: Pro12 vided, That the Secretary of Labor is authorized to ac13 cept, retain, and spend, until expended, in the name of

14 the Department of Labor, all sums of money ordered to

15 be paid to the Secretary of Labor, in accordance with the

16 terms of the Consent Judgment in Civil Action No. 91–

17 0027 of the United States District Court for the District

18 of the Northern Mariana Islands (May 21, 1992): Pro19 vided further, That the Secretary of Labor is authorized

20 to establish and, in accordance with 31 U.S.C. 3302, col21 lect and deposit in the Treasury fees for processing appli22 cations and issuing certificates under sections 11(d) and

23 14 of the Fair Labor Standards Act of 1938, as amended

24 (29 U.S.C. 2119d) and 214) and for processing applica25 tions and issuing registrations under Title I of the Mi-
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1 grant and Seasonal Agricultural Worker Protection Act,

2 29 U.S.C. 1801 et seq.

3 SPECIAL BENEFITS

4 (INCLUDING TRANSFER OF FUNDS)

5 For the payment of compensation, benefits, and ex6 penses (except administrative expenses) accruing during

7 the current or any prior fiscal year authorized by title 5,

8 chapter 81 of the United States Code; continuation of

9 benefits as provided for under the head ‘‘Civilian War

10 Benefits’’ in the Federal Security Agency Appropriation

11 Act, 1947; the Employees’ Compensation Commission

12 Appropriation Act, 1944; and sections 4(c) and 5(f) of

13 the War Claims Act of 1948 (50 U.S.C. App. 2012); and

14 50 per centum of the addition compensation and benefits

15 required by section 10(h) of the Longshore and Harbor

16 Workers’ Compensation Act, as amended, $213,000,000

17 together with such amounts as may be necessary to be

18 charged to the subsequent year appropriation for the pay19 ment of compensation and other benefits for any period

20 subsequent to August 15 of the current year: Provided,

21 That such sums as are necessary may be used under sec22 tion 8104 of title 5, United States Code, by the Secretary

23 to reimburse an employer, who is not the employer at the

24 time of injury, for portions of the salary of a reemployed,

25 disabled beneficiary: Provided further, That balances of

26 reimbursements unobligated on September 30, 1996,
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1 shall remain available until expended for the payment of

2 compensation, benefits, and expenses: Provided further,

3 That in addition there shall be transferred to this appro4 priation from the Postal Service and from any other cor5 poration or instrumentality required under section

6 8147(c) of title 5, United States Code, to pay an amount

7 for its fair share of the cost of administration, such sums

8 as the Secretary of Labor determines to be the cost of

9 administration for employees of such fair share entities

10 through September 30, 1997: Provided further, That of

11 those funds transferred to this account from the fair

12 share entities to pay the cost of administration,

13 $11,390,000 shall be made available to the Secretary of

14 Labor for expenditures relating to capital improvements

15 in support of Federal Employees’ Compensation Act ad16 ministration, and the balance of such funds shall be paid

17 into the Treasury as miscellaneous receipts: Provided fur18 ther, That the Secretary may require that any person fil19 ing a notice of injury or a claim for benefits under sub20 chapter 5, U.S.C., chapter 81, or under subchapter 33,

21 U.S.C. 901, et seq. (the Longshore and Harbor Workers’

22 Compensation Act, as amended), provide as part of such

23 notice and claim, such identifying information (including

24 Social Security account number) as such regulations may

25 prescribe.
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1 BLACK LUNG DISABILITY TRUST FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 For payments from the Black Lung Disability

4 Trust Fund, $1,007,644,000, of which $961,665,000

5 shall be available until September 30, 1998, for payment

6 of all benefits as authorized by section 9501(d) (1), (2),

7 (4), and (7) of the Internal Revenue Code of 1954, as

8 amended, and interest on advances as authorized by sec9 tion 9501(c)(2) of that Act, and of which $26,071,000

10 shall be available for transfer to Employment Standards

11 Administration, Salaries and Expenses, $19,621,000 for

12 transfer to Departmental Management, Salaries and Ex13 penses, and $287,000 for transfer to Departmental Man14 agement, Office of Inspector General, for expenses of op15 eration and administration of the Black Lung Benefits

16 program as authorized by section 9501(d)(5)(A) of that

17 Act: Provided, That, in addition, such amounts as may

18 be necessary may be charged to the subsequent year ap19 propriation for the payment of compensation, interest, or

20 other benefits for any period subsequent to August 15 of

21 the current year: Provided further, That in addition such

22 amounts shall be paid from this fund into miscellaneous

23 receipts as the Secretary of the Treasury determines to

24 be the administrative expenses of the Department of the

25 Treasury for administering the fund during the current
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1 fiscal year, as authorized by section 9501(d)(5)(B) of

2 that Act.

3 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

4 SALARIES AND EXPENSES

5 For necessary expenses for the Occupational Safe6 ty and Health Administration, $325,734,000, including

7 not to exceed $77,354,000 which shall be the maximum

8 amount available for grants to States under section 23(g)

9 of the Occupational Safety and Health Act, which grants

10 shall be no less than fifty percent of the costs of State

11 occupational safety and health programs required to be

12 incurred under plans approved by the Secretary under

13 section 18 of the Occupational Safety and Health Act of

14 1970; and, in addition, notwithstanding 31 U.S.C. 3302,

15 the Occupational Safety and Health Administration may

16 retain up to $750,000 per fiscal year of training institute

17 course tuition fees, otherwise authorized by law to be col18 lected, and may utilize such sums for occupational safety

19 and health training and education grants: Provided,

20 That, notwithstanding 31 U.S.C. 3302, the Secretary of

21 Labor is authorized, during the fiscal year ending Sep22 tember 30, 1997, to collect and retain fees for services

23 provided to Nationally Recognized Testing Laboratories,

24 and may utilize such sums, in accordance with the provi25 sions of 29 U.S.C. 9a, to administer national and inter-
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1 national laboratory recognition programs that ensure the

2 safety of equipment and products used by workers in the

3 workplace: Provided further, That none of the funds ap4 propriated under this paragraph shall be obligated or ex5 pended to prescribe, issue, administer, or enforce any

6 standard, rule, regulation, or order under the Occupa7 tional Safety and Health Act of 1970 which is applicable

8 to any person who is engaged in a farming operation

9 which does not maintain a temporary labor camp and

10 employs ten or fewer employees: Provided further, That

11 no funds appropriated under this paragraph shall be obli12 gated or expended to administer or enforce any standard,

13 rule, regulation, or order under the Occupational Safety

14 and Health Act of 1970 with respect to any employer of

15 ten or fewer employees who is included within a category

16 having an occupational injury lost workday case rate, at

17 the most precise Standard Industrial Classification Code

18 for which such data are published, less than the national

19 average rate as such rates are most recently published by

20 the Secretary, acting through the Bureau of Labor Sta21 tistics, in accordance with section 24 of that Act (29

22 U.S.C. 673), except—

23 (1) to provide, as authorized by such Act, con24 sultation, technical assistance, educational and train25 ing services, and to conduct surveys and studies;
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1 (2) to conduct an inspection or investigation in

2 response to an employee complaint, to issue a cita3 tion for violations found during such inspection, and

4 to assess a penalty for violations which are not cor5 rected within a reasonable abatement period and for

6 any willful violations found;

7 (3) to take any action authorized by such Act

8 with respect to imminent dangers;

9 (4) to take any action authorized by such Act

10 with respect to health hazards;

11 (5) to take any action authorized by such Act

12 with respect to a report of an employment accident

13 which is fatal to one or more employees or which re14 sults in hospitalization of two or more employees,

15 and to take any action pursuant to such investiga16 tion authorized by such Act; and

17 (6) to take any action authorized by such Act

18 with respect to complaints of discrimination against

19 employees for exercising rights under such Act: Pro20 vided further, That the foregoing proviso shall not

21 apply to any person who is engaged in a farming op22 eration which does not maintain a temporary labor

23 camp and employs ten or fewer employees.
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1 MINE SAFETY AND HEALTH ADMINISTRATION

2 SALARIES AND EXPENSES

3 For necessary expenses for the Mine Safety and

4 Health Administration, $197,810,000, including purchase

5 and bestowal of certificates and trophies in connection

6 with mine rescue and first-aid work, and the hire of pas7 senger motor vehicles; the Secretary is authorized to ac8 cept lands, buildings, equipment, and other contributions

9 from public and private sources and to prosecute projects

10 in cooperation with other agencies, Federal, State, or pri11 vate; the Mine Safety and Health Administration is au12 thorized to promote health and safety education and

13 training in the mining community through cooperative

14 programs with States, industry, and safety associations;

15 and any funds available to the Department may be used,

16 with the approval of the Secretary, to provide for the

17 costs of mine rescue and survival operations in the event

18 of a major disaster: Provided, That none of the funds ap19 propriated under this paragraph shall be obligated or ex20 pended to carry out section 115 of the Federal Mine

21 Safety and Health Act of 1977 or to carry out that por22 tion of section 104(g)(1) of such Act relating to the en23 forcement of any training requirements, with respect to

24 shall dredging, or with respect to any sand, gravel, sur-
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1 face stone, surface clay, colloidal phosphate, or surface

2 limestone mine.

3 BUREAU OF LABOR STATISTICS

4 SALARIES AND EXPENSES

5 For necessary expenses for the Bureau of Labor

6 Statistics, including advances or reimbursements to

7 State, Federal, and local agencies and their employees for

8 services rendered, $309,647,000, of which $16,145,000

9 shall be for expenses of revising the Consumer Price

10 Index and shall remain available until September 30,

11 1998, together with not to exceed $52,053,000, which

12 may be expended from the Employment Security Admin13 istration account in the Unemployment Trust Fund.

14 DEPARTMENTAL MANAGEMENT

15 SALARIES AND EXPENSES

16 For necessary expenses for Departmental Man17 agement, including the hire of three sedans, and includ18 ing up to $4,358,000 for the President’s Committee on

19 Employment of People With Disabilities, $144,211,000;

20 together with not to exceed $297,000, which may be ex21 pended from the Employment Security Administration

22 account in the Unemployment Trust Fund: Provided,

23 That no funds made available by this Act may be used

24 by the Solicitor of Labor to participate in a review in any

25 United States court of appeals of any decision made by
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1 the Benefits Review Board under section 21 of the

2 Longshore and Harbor Workers’ Compensation Act (33

3 U.S.C. 921) where such participation is precluded by the

4 decision of the United States Supreme Court in Director,

5 Office of Workers’ Compensation Programs v. Newport

6 News Shipbuilding, 115 S. Ct. 1278 (1995): Provided

7 further, That no funds made available by this Act may

8 be used by the Secretary of Labor to review a decision

9 under the Longshore and Harbor Workers’ Compensation

10 Act (33 U.S.C. 901 et seq.) that has been appealed and

11 that has been pending before the Benefits Review Board

12 for more than 12 months: Provided further, That any

13 such decision pending a review by the Benefits Review

14 Board for more than one year shall be considered af15 firmed by the Benefits Review Board on that date, and

16 shall be considered the final order of the Board for pur17 poses of obtaining a review in the United States courts

18 of appeals: Provided further, That these provisions shall

19 not be applicable to the review of any decision issued

20 under the Black Lung Benefits Act (30 U.S.C. 901 et

21 seq.).

22 ASSISTANT SECRETARY FOR VETERANS EMPLOYMENT

23 AND TRAINING

24 Not to exceed $181,949,000 may be derived from

25 the Employment Security Administration account in the

26 Unemployment Trust Fund to carry out the provisions of
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1 38 U.S.C. 4100–4110A and 4321–4327, and Public Law

2 103–353, and which shall be available for obligation by

3 the States through December 31, 1997.

4 OFFICE OF INSPECTOR GENERAL

5 For salaries and expenses of the Office of Inspec6 tor General in carrying out the provisions of the Inspec7 tor General Act of 1978, as amended, $42,938,000, to8 gether with not to exceed $3,543,000, which may be ex9 pended from the Employment Security Administration

10 account in the Unemployment Trust Fund.

11 GENERAL PROVISIONS

12 SEC. 101. None of the funds appropriated in this

13 title for the Job Corps shall be used to pay the com14 pensation of an individual, either as direct costs or any

15 proration as an indirect cost, at a rate in excess of

16 $125,000.

17 (TRANSFER OF FUNDS)

18 SEC. 102. Not to exceed 1 percent of any discre19 tionary funds (pursuant to the Balanced Budget and

20 Emergency Deficit Control Act, as amended) which are

21 appropriated for the current fiscal year for the Depart22 ment of Labor in this Act may be transferred between

23 appropriations, but no such appropriation shall be in24 creased by more than 3 percent by any such transfer:

25 Provided, That the Appropriations Committees of both
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1 Houses of Congress are notified at least fifteen days in

2 advance of any transfer.

3 SEC. 103. Funds shall be available for carrying

4 out title IV–B of the Job Training Partnership Act, not5 withstanding section 427(c) of that Act, if a Job Corps

6 center fails to meet national performance standards es7 tablished by the Secretary.

8 SEC. 104. Effective January 1, 1997, no funds

9 appropriated or otherwise made available to the Depart10 ment of Labor in this title shall be disbursed without the

11 approval of the Department’s Chief Financial Officer or

12 his delegatee.

13 SEC. 105. Notwithstanding any other provision of

14 law, the Secretary of Labor may waive any of the re15 quirements contained in sections 4, 104, 105, 107, 108,

16 121, 164, 204, 253, 254, 264, 301, 311, 313, 314, and

17 315 of the Job Training Partnership Act in order to as18 sist States in improving State workforce development sys19 tems, pursuant to a request submitted by a State that

20 has prior to the date of enactment of this Act executed

21 a Memorandum of Understanding with the United States

22 requiring such State to meet agreed upon outcomes.

23 This title may be cited as the ‘‘Department of

24 Labor Appropriations Act, 1997’’.
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1 TITLE II—DEPARTMENT OF HEALTH AND

2 HUMAN SERVICES

3 HEALTH RESOURCES AND SERVICES ADMINISTRATION

4 HEALTH RESOURCES AND SERVICES

5 For carrying out titles II, III, VII, VIII, X, XII,

6 XVI, XIX, and XXVI of the Public Health Service Act,

7 section 427(a) of the Federal Coal Mine Health and

8 Safety Act, title V of the Social Security Act, the Health

9 Care Quality Improvement Act of 1986, as amended, and

10 the Native Hawaiian Health Care Act of 1988, as

11 amended, $3,405,019,000, of which $297,000 shall re12 main available until expended for interest subsidies on

13 loan guarantees made prior to fiscal year 1981 under

14 part B of title VII of the Public Health Service Act: Pro15 vided, That the Division of Federal Occupational Health

16 may utilize personal services contracting to employ pro17 fessional management/administrative and occupational

18 health professionals: Provided further, That of the funds

19 made available under this heading, $828,000 shall be

20 available until expended for facilities renovations at the

21 Gillis W. Long Hansen’s Disease Center: Provided fur22 ther, That in addition to fees authorized by section

23 427(b) of the Health Care Quality Improvement Act of

24 1986, fees shall be collected for the full disclosure of in25 formation under the Act sufficient to recover the full
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1 costs of operating the National Practitioner Data Bank,

2 and shall remain available until expended to carry out

3 that Act: Provided further, That no more than

4 $5,000,000 is available for carrying out the provisions of

5 Public Law 104–73: Provided further, That of the funds

6 made available under this heading, $198,452,000 shall be

7 for the program under title X of the Public Health Serv8 ice Act to provide for voluntary family planning projects:

9 Provided further, That amounts provided to said projects

10 under such title shall not be expended for abortions, that

11 all pregnancy counseling shall be nondirective, and that

12 such amounts shall not be expended for any activity (in13 cluding the publication or distribution of literature) that

14 in any way tends to promote public support or opposition

15 to any legislative proposal or candidate for public office:

16 Provided further, That $167,000,000 shall be for State

17 AIDS Drug Assistance Programs authorized by section

18 2616 of the Public Health Service Act and shall be dis19 tributed to States as authorized by section 2618(b)(2) of

20 such Act: Provided further, That notwithstanding any

21 other provision of law, funds made available under this

22 heading may be used to continue operating the Council

23 on Graduate Medical Education established by section

24 301 of Public law 102–408: Provided further, That, of

25 the funds made available under this heading, not more
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1 than $8,000,000 shall be made available and shall remain

2 available until expended for loan guarantees for loans

3 made by non-Federal lenders for the construction, ren4 ovation, and modernization of medical facilities that are

5 owned and operated by health centers funded under part

6 A of title XVI of the Public Health Service Act as

7 amended, and, subject to authorization, for loans made to

8 health centers for the costs of developing and operating

9 managed care networks or plans, and that such funds be

10 available to subsidize guarantees of total loan principal in

11 an amount not to exceed $80,000,000: Provided further,

12 That notwithstanding section 502(a)(1) of the Social Se13 curity Act, not to exceed $103,609,000 is available for

14 carrying out special projects of regional and national sig15 nificance pursuant to section 501(a)(2) of such Act.

16 MEDICAL FACILITIES GUARANTEE AND LOAN FUND

17 FEDERAL INTEREST SUBSIDIES FOR MEDICAL FACILITIES

18 For carrying out subsections (d) and (e) of section

19 1602 of the Public Health Service Act, $7,000,000, to20 gether with any amounts received by the Secretary in

21 connection with loans and loan guarantees under title VI

22 of the Public Health Service Act, to be available without

23 fiscal year limitation for the payment of interest sub24 sidies. During the fiscal year, no commitments for direct

25 loans or loan guarantees shall be made.
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1 HEALTH EDUCATION ASSISTANCE LOANS PROGRAM

2 For the cost of guaranteed loans, such sums as

3 may be necessary to carry out the purpose of the pro4 gram, as authorized by title VII of the Public Health

5 Service Act, as amended: Provided, That such costs, in6 cluding the cost of modifying such loans, shall be as de7 fined in section 502 of the Congressional Budget Act of

8 1974: Provided further, That these funds are available to

9 subsidize gross obligations for the total loan principal any

10 part of which is to be guaranteed at not to exceed

11 $140,000,000. In addition, for administrative expenses to

12 carry out the guaranteed loan program, $2,688,000.

13 VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

14 For payments from the Vaccine Injury Compensa15 tion Program Trust Fund, such sums as may be nec16 essary for claims associated with vaccine-related injury or

17 death with respect to vaccines administered after Septem18 ber 30, 1988, pursuant to subtitle 2 of title XXI of the

19 Public Health Service Act, to remain available until ex20 pended: Provided, That for necessary administrative ex21 penses, not to exceed $3,000,000 shall be available from

22 the Trust Fund to the Secretary of Health and Human

23 Services.

24 VACCINE INJURY COMPENSATION

25 For payment of claims resolved by the United

26 States Court of Federal Claims related to the administra-
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1 tion of vaccines before October 1, 1988, $110,000,000 to

2 remain available until expended.

3 CENTERS FOR DISEASE CONTROL AND PREVENTION

4 DISEASE CONTROL, RESEARCH, AND TRAINING

5 To carry out titles II, III, VII, XI, XV, XVII, and

6 XIX of the Public Health Service Act, sections 101, 102,

7 103, 201, 202, 203, 301, and 501 of the Federal Mine

8 Safety and Health Act of 1977, and sections 20, 21 and

9 22 of the Occupational Safety and Health Act of 1970,

10 title IV of the Immigration and Nationality Act and sec11 tion 501 of the Refugee Education Assistance Act of

12 1980; including insurance of official motor vehicles in

13 foreign countries; and hire, maintenance, and operation

14 of aircraft, $2,262,698,000, of which $30,553,000 shall

15 remain available until expended for equipment and con16 struction and renovation of facilities, and of which

17 $32,000,000 shall remain available until September 30,

18 1998 for mine safety and health activities, and in addi19 tion, such sums as may be derived from authorized user

20 fees, which shall be credited to this account: Provided,

21 That in addition to amounts provided herein, up to

22 $48,400,000 shall be available from amounts available

23 under section 241 of the Public Health Service Act, to

24 carry out the National Center for Health Statistics sur25 veys: Provided further, That none of the funds made
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1 available for injury prevention and control at the Centers

2 for Disease Control and Prevention may be used to advo3 cate or promote gun control: Provided further, That the

4 Director may redirect the total amount made available

5 under authority of Public Law 101–502, section 3, dated

6 November 3, 1990, to activities the Director may so des7 ignate: Provided further, That the Congress is to be noti8 fied promptly of any such transfer: Provided further,

9 That the functions described in clause (1) of the first

10 proviso under the subheading ‘‘mines and minerals’’

11 under the heading ‘‘Bureau of Mines’’ in the text of title

12 I of the Department of the Interior and Related Agencies

13 Appropriations Act, 1996, as enacted by section 101 (c)

14 of the Omnibus Consolidated Rescissions and Appropria15 tions Act of 1996 (Public Law 104–134), are hereby

16 transferred to, and vested in, the Secretary of Health and

17 Human Services, subject to section 1531 of title 31,

18 United States Code: Provided further, That of the

19 amount provided, $23,000,000 is designated by Congress

20 as an emergency requirement pursuant to section

21 251(b)(2)(D)(i) of the Balanced Budget and Emergency

22 Deficit Control Act of 1985, as amended.

23 In addition, $41,000,000, to be derived from the

24 Violent Crime Reduction Trust Fund, for carrying out

25 sections 40151 and 40261 of Public Law 103–322.
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1 NATIONAL INSTITUTES OF HEALTH

2 NATIONAL CANCER INSTITUTE

3 For carrying out section 301 and title IV of the

4 Public Health Service Act with respect to cancer,

5 $2,382,532,000.

6 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

7 For carrying out section 301 and title IV of the

8 Public Health Service Act with respect to cardiovascular,

9 lung, and blood diseases, and blood and blood products,

10 $1,433,001,000.

11 NATIONAL INSTITUTE OF DENTAL RESEARCH

12 For carrying out section 301 and title IV of the

13 Public Health Service Act with respect to dental disease,

14 $195,997,000.

15 NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND

16 KIDNEY DISEASES

17 For carrying out section 301 and title IV of the

18 Public Health Service Act with respect to diabetes and

19 digestive and kidney disease, $815,982,000.

20 NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS

21 AND STROKE

22 For carrying out section 301 and title IV of the

23 Public Health Service Act with respect to neurological

24 disorders and stroke, $726,746,000.
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1 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

2 DISEASES

3 For carrying out section 301 and title IV of the

4 Public Health Service Act with respect to allergy and in5 fectious diseases, $1,257,234,000.

6 NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

7 For carrying out section 301 and title IV of the

8 Public Health Service Act with respect to general medical

9 sciences, $998,470,000.

10 NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN

11 DEVELOPMENT

12 For carrying out section 301 and title IV of the

13 Public Health Service Act with respect to child health

14 and human development, $631,703,000.

15 NATIONAL EYE INSTITUTE

16 For carrying out section 301 and title IV of the

17 Public Health Service Act with respect to eye diseases

18 and visual disorders, $332,735,000.

19 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

20 SCIENCES

21 For carrying out sections 301 and 311 and title

22 IV of the Public Health Service Act with respect to envi23 ronmental health sciences, $308,819,000.
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1 NATIONAL INSTITUTE ON AGING

2 For carrying out section 301 and title IV of the

3 Public Health Service Act with respect to aging,

4 $486,047,000.

5 NATIONAL INSTITUTE OF ARTHRITIS AND

6 MUSCULOSKELETAL AND SKIN DISEASES

7 For carrying out section 301 and title IV of the

8 Public Health Service Act with respect to arthritis and

9 musculoskeletal and skin diseases, $257,111,000.

10 NATIONAL INSTITUTE ON DEAFNESS AND OTHER

11 COMMUNICATION DISORDERS

12 For carrying out section 301 and title IV of the

13 Public Health Service Act with respect to deafness and

14 other communication disorders, $188,422,000.

15 NATIONAL INSTITUTE OF NURSING RESEARCH

16 For carrying out section 301 and title IV of the

17 Public Health Service Act with respect to nursing re18 search, $59,743,000.

19 NATIONAL INSTITUTE ON ALCOHOL ABUSE AND

20 ALCOHOLISM

21 For carrying out section 301 and title IV of the

22 Public Health Service Act with respect to alcohol abuse

23 and alcoholism, $212,004,000.
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1 NATIONAL INSTITUTE ON DRUG ABUSE

2 For carrying out section 301 and title IV of the

3 Public Health Service Act with respect to drug abuse,

4 $489,375,000.

5 NATIONAL INSTITUTE OF MENTAL HEALTH

6 For carrying out section 301 and title IV of the

7 Public Health Service Act with respect to mental health,

8 $701,585,000.

9 NATIONAL CENTER FOR RESEARCH RESOURCES

10 For carrying out section 301 and title IV of the

11 Public Health Service Act with respect to research re12 sources and general research support grants,

13 $415,145,000: Provided, That none of these funds shall

14 be used to pay recipients of the general research support

15 grants program any amount for indirect expenses in con16 nection with such grants: Provided further, That

17 $20,000,000 shall be for extramural facilities construc18 tion grants.

19 NATIONAL CENTER FOR HUMAN GENOME RESEARCH

20 For carrying out section 301 and title IV of the

21 Public Health Service Act with respect to human genome

22 research, $189,657,000.

23 JOHN E. FOGARTY INTERNATIONAL CENTER

24 For carrying out the activities at the John E.

25 Fogarty International Center, $26,586,000.
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1 NATIONAL LIBRARY OF MEDICINE

2 For carrying out section 301 and title IV of the

3 Public Health Service Act with respect to health informa4 tion communications, $151,103,000, of which $4,000,000

5 shall be available until expended for improvement of in6 formation systems: Provided, That in fiscal year 1997,

7 the Library may enter into personal services contracts for

8 the provision of services in facilities owned, operated, or

9 constructed under the jurisdiction of the National Insti10 tutes of Health.

11 OFFICE OF THE DIRECTOR

12 (INCLUDING TRANSFER OF FUNDS)

13 For carrying out the responsibilities of the Office

14 of the Director, National Institutes of Health,

15 $287,206,000, of which $35,589,000 shall be for the Of16 fice of AIDS Research: Provided, That funding shall be

17 available for the purchase of not to exceed five passenger

18 motor vehicles for replacement only: Provided further,

19 That the Director may direct up to 1 percent of the total

20 amount made available in this Act to all National Insti21 tutes of Health appropriations to activities the Director

22 may so designate: Provided further, That no such appro23 priation shall be increased or decreased by more than 1

24 percent by any such transfers and that the Congress is

25 promptly notified of the transfer: Provided further, That

26 NIH is authorized to collect third party payments for the
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1 cost of clinical services that are incurred in National In2 stitutes of Health research facilities and that such pay3 ments shall be credited to the National Institutes of

4 Health Management Fund: Provided further, That all

5 funds credited to the NIH Management Fund shall re6 main available for one fiscal year after the fiscal year in

7 which they are deposited: Provided further, That up to

8 $200,000 shall be available to carry out section 499 of

9 the Public Health Service Act.

10 BUILDINGS AND FACILITIES

11 For the study of, construction of, and acquisition

12 of equipment for, facilities of or used by the National In13 stitutes of Health, including the acquisition of real prop14 erty, $200,000,000, to remain available until expended,

15 of which $90,000,000 shall be for the clinical research

16 center: Provided, That, notwithstanding any other provi17 sion of law, a single contract or related contracts for the

18 development and construction of the clinical research cen19 ter may be employed which collectively include the full

20 scope of the project: Provided further, That the solicita21 tion and contract shall contain the clause ‘‘availability of

22 funds’’ found at 48 CFR 52.232–18.
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1 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

2 ADMINISTRATION

3 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

4 For carrying out titles V and XIX of the Public

5 Health Service Act with respect to substance abuse and

6 mental health services, the Protection and Advocacy for

7 Mentally Ill Individuals Act of 1986, section 30401 of

8 Public Law 103–322 and section 301 of the Public

9 Health Service Act with respect to program management,

10 $2,134,743,000, of which $5,000,000 shall be for grants

11 to rural and Native American projects and $12,800,000

12 shall be for activities authorized by section 30401 of Pub13 lic Law 103–322.

14 RETIREMENT PAY AND MEDICAL BENEFITS FOR

15 COMMISSIONED OFFICERS

16 For retirement pay and medical benefits of Public

17 Health Service Commissioned Officers as authorized by

18 law, and for payments under the Retired Serviceman’s

19 Family Protection Plan and Survivor Benefit Plan and

20 for medical care of dependents and retired personnel

21 under the Dependents’ Medical Care Act (10 U.S.C. ch.

22 55), and for payments pursuant to section 229(b) of the

23 Social Security Act (42 U.S.C. 429(b)), such amounts as

24 may be required during the current fiscal year.
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1 AGENCY FOR HEALTH CARE POLICY AND RESEARCH

2 HEALTH CARE POLICY AND RESEARCH

3 For carrying out titles III and IX of the Public

4 Health Service Act, and part A of title XI of the Social

5 Security Act, $96,175,000; in addition, amounts received

6 from Freedom of Information Act fees, reimbursable and

7 interagency agreements, and the sale of data tapes shall

8 be credited to this appropriation and shall remain avail9 able until expended: Provided, That the amount made

10 available pursuant to section 926(b) of the Public Health

11 Service Act shall not exceed $47,412,000.

12 HEALTH CARE FINANCING ADMINISTRATION

13 GRANTS TO STATES FOR MEDICAID

14 For carrying out, except as otherwise provided, ti15 tles XI and XIX of the Social Security Act,

16 $75,056,618,000, to remain available until expended.

17 For making, after May 31, 1997, payments to

18 States under title XIX of the Social Security Act for the

19 last quarter of fiscal year 1997 for unanticipated costs,

20 incurred for the current fiscal year, such sums as may be

21 necessary.

22 For making payments to States under title XIX

23 of the Social Security Act for the first quarter of fiscal

24 year 1998, $27,988,993,000, to remain available until ex25 pended.
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1 Payment under title XIX may be made for any

2 quarter with respect to a State plan or plan amendment

3 in effect during such quarter, if submitted in or prior to

4 such quarter and approved in that or any subsequent

5 quarter.

6 PAYMENTS TO HEALTH CARE TRUST FUNDS

7 For payment to the Federal Hospital Insurance

8 and the Federal Supplementary Medical Insurance Trust

9 Funds, as provided under sections 217(g) and 1844 of

10 the Social Security Act, sections 103(c) and 111(d) of

11 the Social Security Amendments of 1965, section 278(d)

12 of Public Law 97–248, and for administrative expenses

13 incurred pursuant to section 201(g) of the Social Secu14 rity Act, $60,079,000,000.

15 PROGRAM MANAGEMENT

16 For carrying out, except as otherwise provided, ti17 tles XI, XVIII, and XIX of the Social Security Act, title

18 XIII of the Public Health Service Act, and the Clinical

19 Laboratory Improvement Amendments of 1988, not to

20 exceed $1,735,125,000 to be transferred from the Fed21 eral Hospital Insurance and the Federal Supplementary

22 Medical Insurance Trust Funds, as authorized by section

23 201(g) of the Social Security Act; together with all funds

24 collected in accordance with section 353 of the Public

25 Health Service Act, the latter funds to remain available

26 until expended, together with such sums as may be col-
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1 lected from authorized user fees and the sale of data,

2 which shall remain available until expended: Provided,

3 That all funds derived in accordance with 31 U.S.C.

4 9701 from organizations established under title XIII of

5 the Public Health Service Act are to be credited to and

6 available for carrying out the purposes of this appropria7 tion.

8 HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN

9 GUARANTEE FUND

10 For carrying out subsections (d) and (e) of section

11 1308 of the Public Health Service Act, any amounts re12 ceived by the Secretary in connection with loans and loan

13 guarantees under title XIII of the Public Health Service

14 Act, to be available without fiscal year limitation for the

15 payment of outstanding obligations. During fiscal year

16 1997, no commitments for direct loans or loan guaran17 tees shall be made.

18 ADMINISTRATION FOR CHILDREN AND FAMILIES

19 FAMILY SUPPORT PAYMENTS TO STATES

20 For making payments of such sums as necessary

21 to each State for carrying out the program of Aid to

22 Families with Dependent Children under title IV–A of

23 the Social Security Act in fiscal year 1997 before the ef24 fective date of the program of Temporary Assistance to

25 Needy Families (TANF) with respect to such State: Pro26 vided, That the sum of the amounts available to a State
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1 with respect to expenditures under such title IV–A in fis2 cal year 1997 under this appropriation and under such

3 title IV–A as amended by the Personal Responsibility and

4 Work Opportunity Reconciliation Act of 1996 shall not

5 exceed the limitations under section 116(b) of such Act.

6 For making payments to States for carrying out

7 title IV–A (other than section 402(g)(6)) of the Social

8 Security Act in calendar quarters prior to October 1,

9 1996, such sums as may be necessary.

10 For making payments to States or other non-Fed11 eral entities under titles I, IV–D, X, XI, XIV, and XVI

12 of the Social Security Act and the Act of July 5, 1960

13 (24 U.S.C. ch. 9), $2,158,000,000 to remain available

14 until expended.

15 For making, after May 31 of the current fiscal

16 year, payments to States or other non-Federal entities

17 under titles I, IV–D, X, XI, XIV, and XVI of the Social

18 Security Act, for the last three months of the current

19 year for unanticipated costs, incurred for the current fis20 cal year, such sums as may be necessary.

21 For making payments to States or other non-Fed22 eral entities under titles I, IV–D, X, XI, XIV, and XVI

23 of the Social Security Act and the Act of July 5, 1960

24 (24 U.S.C. ch. 9) for the first quarter of fiscal year

25 1998, $607,000,000, to remain available until expended.
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1 JOB OPPORTUNITIES AND BASIC SKILLS

2 For carrying out aid to families with dependent

3 children work programs, as authorized by part F of title

4 IV of the Social Security Act, $1,000,000,000.

5 LOW INCOME HOME ENERGY ASSISTANCE

6 For making payments under title XXVI of the

7 Omnibus Budget Reconciliation Act of 1981,

8 $1,000,000,000.

9 For making payments under title XXVI of the

10 Omnibus Budget Reconciliation Act of 1981,

11 $1,000,000,000, to be available for obligation in the pe12 riod October 1, 1997 through September 30, 1998.

13 REFUGEE AND ENTRANT ASSISTANCE

14 For making payments for refugee and entrant as15 sistance activities authorized by title IV of the Immigra16 tion and Nationality Act and section 501 of the Refugee

17 Education Assistance Act of 1980 (Public Law 96–422),

18 $412,076,000: Provided, That funds appropriated pursu19 ant to section 414(a) of the Immigration and Nationality

20 Act under Public Law 103–333 for fiscal year 1995 shall

21 be available for the costs of assistance provided and other

22 activities conducted in such year and in fiscal years 1996

23 and 1997.
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1 CHILD CARE AND DEVELOPMENT BLOCK GRANT

2 (INCLUDING TRANSFER OF FUNDS)

3 For carrying out sections 658A through 658R of

4 the Omnibus Budget Reconciliation Act of 1981 (The

5 Child Care and Development Block Grant Act of 1990),

6 $956,120,000, of which $937,000,000 shall become avail7 able on October 1, 1997 and shall remain available

8 through September 30, 1998: Provided, That

9 $19,120,000 shall become available for obligation on Oc10 tober 1, 1996 for child care resource and referral and

11 school-aged child care activities, of which $6,120,000

12 shall be derived from an amount that shall be transferred

13 from the amount appropriated under section 452(j) of

14 the Social Security Act (42 U.S.C. 652(j)) for fiscal year

15 1996 and remaining available for expenditure.

16 SOCIAL SERVICES BLOCK GRANT

17 For making grants to States pursuant to section

18 2002 of the Social Security Act, $2,500,000,000: Pro19 vided, That notwithstanding section 2003(c) of such Act,

20 as amended, the amount specified for allocation under

21 such section for fiscal year 1997 shall be $2,500,000,000.

22 CHILDREN AND FAMILIES SERVICES PROGRAMS

23 (INCLUDING RESCISSIONS)

24 For carrying out, except as otherwise provided,

25 the Runaway and Homeless Youth Act, the Developmen26 tal Disabilities Assistance and Bill of Rights Act, the
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1 Head Start Act, the Child Abuse Prevention and Treat2 ment Act, the Temporary Child Care for Children with

3 Disabilities and Crisis Nurseries Act of 1986, section

4 429A, part B of title IV of the Social Security Act, sec5 tion 413 of the Social Security Act, the Family Violence

6 Prevention and Services Act, the Native American Pro7 grams Act of 1974, title II of Public Law 95–266 (adop8 tion opportunities), the Abandoned Infants Assistance

9 Act of 1988, and part B(1) of title IV of the Social Secu10 rity Act; for making payments under the Community

11 Services Block Grant Act; and for necessary administra12 tive expenses to carry out said Acts and titles I, IV, X,

13 XI, XIV, XVI, and XX of the Social Security Act, the

14 Act of July 5, 1960 (24 U.S.C. ch. 9), the Omnibus

15 Budget Reconciliation Act of 1981, title IV of the Immi16 gration and Nationality Act, section 501 of the Refugee

17 Education Assistance Act of 1980, and section 126 and

18 titles IV and V of Public Law 100–485, $5,363,569,000,

19 of which $536,432,000 shall be for making payments

20 under the Community Services Block Grant Act: Pro21 vided, That to the extent Community Services Block

22 Grant funds are distributed as grant funds by a State to

23 an eligible entity as provided under the Act, and have not

24 been expended by such entity, they shall remain with

25 such entity for carryover into the next fiscal year for ex-
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1 penditure by such entity consistent with program pur2 poses: Provided further, That of the amount appropriated

3 for fiscal year 1997 under section 672(a) of the Commu4 nity Services Block Grant Act, the Secretary shall use up

5 to one percent of the funds available to correct allocation

6 errors that occurred in fiscal year 1995 and fiscal year

7 1996 to ensure that the minimum allotment to each

8 State for each of fiscal years 1995 and 1996 would be

9 $2,222,460: Provided further, That no more than one-half

10 of one percent of the funds available under section 672(a)

11 shall be used for the purposes of section 674(a) of the

12 Community Services Block Grant Act.

13 In addition, $20,000,000, to be derived from the

14 Violent Crime Reduction Trust Fund, for carrying out

15 sections 40155, 40211 and 40241 of Public Law 103–

16 322.

17 Funds appropriated for fiscal year 1996 and fiscal

18 year 1997 under section 429A(e), part B of title IV of

19 the Social Security Act shall be reduced by $6,000,000

20 in each such year.

21 Funds appropriated for fiscal year 1997 under

22 section 413(h)(1) of the Social Security Act shall be re23 duced by $15,000,000.

24 FAMILY PRESERVATION AND SUPPORT

25 For carrying out section 430 of the Social Secu26 rity Act, $240,000,000.
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1 PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION

2 ASSISTANCE

3 For making payments to States or other non-Fed4 eral entities, under title IV–E of the Social Security Act,

5 $4,445,031,000.

6 For making payments to States or other non-Fed7 eral entities, under title IV–E of the Social Security Act,

8 for the first quarter of fiscal year 1998, $1,111,000,000.

9 ADMINISTRATION ON AGING

10 AGING SERVICES PROGRAMS

11 For carrying out, to the extent not otherwise pro12 vided, the Older Americans Act of 1965, as amended,

13 $830,168,000: Provided, That notwithstanding section

14 308(b)(1) of such Act, the amounts available to each

15 State for administration of the State plan under title III

16 of such Act shall be reduced not more than 5 percent

17 below the amount that was available to such State for

18 such purpose for fiscal year 1995: Provided further, That

19 in considering grant applications for nutrition services for

20 elder Indian recipients, the Assistant Secretary shall pro21 vide maximum flexibility to applicants who seek to take

22 into account subsistence, local customs and other charac23 teristics that are appropriate to the unique cultural, re24 gional and geographic needs of the American Indian,

25 Alaskan and Hawaiian native communities to be served.
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1 OFFICE OF THE SECRETARY

2 GENERAL DEPARTMENTAL MANAGEMENT

3 For necessary expenses, not otherwise provided,

4 for general departmental management, including hire of

5 six sedans, and for carrying out titles III, XVII, and XX

6 of the Public Health Service Act, $174,523,000, together

7 with $5,851,000, to be transferred and expended as au8 thorized by section 201(g)(1) of the Social Security Act

9 from the Hospital Insurance Trust Fund and the Supple10 mental Medical Insurance Trust Fund: Provided, That of

11 the funds made available under this heading for carrying

12 out title XVII of the Public Health Service Act,

13 $11,500,000 shall be available until expended for extra14 mural construction: Provided further, That notwithstand15 ing section 2010 (b) and (c) under title XX of the Public

16 Health Service Act, as amended, of the funds made avail17 able under this heading, $10,879,000 shall be for activi18 ties specified under section 2003(b)(2) of title XX of the

19 Public Health Service Act, as amended, and of which

20 $9,011,000 shall be for prevention grants under section

21 510(b)(2) of title V of the Social Security Act, as amend22 ed: Provided further, That of the amount provided,

23 $5,775,000 is designated by Congress as an emergency

24 requirement pursuant to section 251(b)(2)(D)(i) of the
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1 Balanced Budget and Emergency Deficit Control Act of

2 1985, as amended.

3 OFFICE OF INSPECTOR GENERAL

4 For expenses necessary for the Office of Inspector

5 General in carrying out the provisions of the Inspector

6 General Act of 1978, as amended, $32,999,000, together

7 with any funds, to remain available until expended, that

8 represent the equitable share from the forfeiture of prop9 erty in investigations in which the Office of Inspector

10 General participated, and which are transferred to the

11 Office of Inspector General by the Department of Jus12 tice, the Department of the Treasury, or the United

13 States Postal Service.

14 OFFICE FOR CIVIL RIGHTS

15 For expenses necessary for the Office for Civil

16 Rights, $16,216,000, together with not to exceed

17 $3,314,000, to be transferred and expended as author18 ized by section 201(g)(1) of the Social Security Act from

19 the Hospital Insurance Trust Fund and the Supple20 mental Medical Insurance Trust Fund.

21 POLICY RESEARCH

22 For carrying out, to the extent not otherwise pro23 vided, research studies under section 1110 of the Social

24 Security Act and section 301(l) of Public Law 104–191,

25 $18,500,000: Provided, That $9,500,000, to remain
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1 available until September 30, 1998, shall be for carrying

2 out section 301(l) of Public Law 104–191.

3 GENERAL PROVISIONS

4 SEC. 201. Funds appropriated in this title shall be

5 available for not to exceed $37,000 for official reception

6 and representation expenses when specifically approved

7 by the Secretary.

8 SEC. 202. The Secretary shall make available

9 through assignment not more than 60 employees of the

10 Public Health Service to assist in child survival activities

11 and to work in AIDS programs through and with funds

12 provided by the Agency for International Development,

13 the United Nations International Children’s Emergency

14 Fund or the World Health Organization.

15 SEC. 203. None of the funds appropriated under

16 this Act may be used to implement section 399L(b) of

17 the Public Health Service Act or section 1503 of the Na18 tional Institutes of Health Revitalization Act of 1993,

19 Public Law 103–43.

20 SEC. 204. None of the funds made available by

21 this Act may be used to withhold payment to any State

22 under the Child Abuse Prevention and Treatment Act by

23 reason of a determination that the State is not in compli24 ance with section 1340.2(d)(2)(ii) of title 45 of the Code

25 of Federal Regulations. This provision expires upon the
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1 date of enactment of the reauthorization of the Child

2 Abuse Prevention and Treatment Act.

3 SEC. 205. None of the funds appropriated in this

4 Act for the National Institutes of Health and the Sub5 stance Abuse and Mental Health Services Administration

6 shall be used to pay the salary of an individual, through

7 a grant or other extramural mechanism, at a rate in ex8 cess of $125,000 per year.

9 SEC. 206. None of the funds appropriated in this

10 Act may be expended pursuant to section 241 of the Pub11 lic Health Service Act, except for funds specifically pro12 vided for in this Act, or for other taps and assessments

13 made by any office located in the Department of Health

14 and Human Services, prior to the Secretary’s preparation

15 and submission of a report to the Committee on Appro16 priations of the Senate and of the House detailing the

17 planned uses of such funds.

18 (TRANSFER OF FUNDS)

19 SEC. 207. Of the funds appropriated or otherwise

20 made available for the Department of Health and Human

21 Services, General Departmental Management, for fiscal

22 year 1997, the Secretary of Health and Human Services

23 shall transfer to the Office of the Inspector General such

24 sums as may be necessary for any expenses with respect

25 to the provision of security protection for the Secretary

26 of Health and Human Services.
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1 SEC. 208. None of the funds appropriated in this

2 Act may be obligated or expended for the Federal Council

3 on Aging under the Older Americans Act or the Advisory

4 Board on Child Abuse and Neglect under the Child

5 Abuse Prevention and Treatment Act.

6 (TRANSFER OF FUNDS)

7 SEC. 209. Not to exceed 1 percent of any discre8 tionary funds (pursuant to the Balanced Budget and

9 Emergency Deficit Control Act, as amended) which are

10 appropriated for the current fiscal year for the Depart11 ment of Health and Human Services in this Act may be

12 transferred between appropriations, but no such appro13 priation shall be increased by more than 3 percent by any

14 such transfer: Provided, That the Appropriations Com15 mittees of both House of Congress are notified at least

16 fifteen days in advance of any transfer.

17 (TRANSFER OF FUNDS)

18 SEC. 210. The Director of the National Institutes

19 of Health, jointly with the Director of the Office of AIDS

20 Research, may transfer up to 3 percent among institutes,

21 centers, and divisions from the total amounts identified

22 by these two Directors as funding for research pertaining

23 to the human immunodeficiency virus: Provided, That the

24 Congress is promptly notified of the transfer.
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1 (TRANSFER OF FUNDS)

2 SEC. 211. Of the amounts made available in this

3 Act for the National Institutes of Health, the amount for

4 research related to the human immunodeficiency virus, as

5 jointly determined by the Director of NIH and the Direc6 tor of the Office of AIDS Research, shall be made avail7 able to the ‘‘Office of AIDS Research’’ account. The Di8 rector of the Office of AIDS Research shall transfer from

9 such account amounts necessary to carry out section

10 2353(d)(3) of the Public Health Service Act.

11 SEC. 212. Not later than January 1, 1997, the

12 Administrator of the Health Care Financing Administra13 tion, with the advice and technical assistance of the

14 Agency for Health Care Policy and Research, shall trans15 mit to the appropriate committees of the Congress a re16 port including—

17 (1) a review of all available studies and research

18 data on the treatment of end-stage emphysema and

19 chronic obstructive pulmonary disease by both unilateral

20 and bilateral lung volume reduction surgery, involving

21 both invasive and noninvasive surgery and supplemental

22 surgical methods, including laser applications; and

23 (2) a recommendation, based on such review, as to

24 the appropriateness of Medicare coverage of such proce25 dures and the conditions, if necessary, that facilities and
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1 physicians should be required to meet, to ensure the effi2 cacy of such procedures, as more detailed clinical studies

3 are conducted.

4 SEC. 213. Section 304(a)(1) of the Family Vio5 lence Prevention and Services Act (42 U.S.C.

6 10403(a)(1)) is amended by striking ‘‘$200,000’’ and in7 serting ‘‘$400,000’’.

8 SEC. 214. The new clinical research center at the

9 National Institutes of Health is hereby named the Mark

10 O. Hatfield Clinical Research Center.

11 SEC. 215. Section 345 of Public Law 104–193 is

12 amended by replacing ‘‘section 457(a)’’ wherever it ap13 pears with ‘‘a plan approved under this part’’. Amounts

14 available under such section shall be calculated as though

15 such section were effective October 1, 1995.

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

17 Health and Human Services Appropriations Act, 1997’’.

18 TITLE III—DEPARTMENT OF EDUCATION

19 EDUCATION REFORM

20 For carrying out activities authorized by titles III

21 and IV of the Goals 2000: Educate America Act and the

22 School-to-Work Opportunities Act, $691,000,000, of

23 which $476,000,000 for the Goals 2000: Educate Amer24 ica Act and $200,000,000 for the School-to-Work Oppor25 tunities Act shall become available on July 1, 1997, and
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1 remain available through September 30, 1998: Provided,

2 That none of the funds appropriated under this heading

3 shall be obligated or expended to carry out section

4 304(a)(2)(A) of the Goals 2000: Educate America Act.

5 EDUCATION FOR THE DISADVANTAGED

6 For carrying out title I of the Elementary and

7 Secondary Education Act of 1965, and section 418A of

8 the Higher Education Act, $7,698,469,000, of which

9 $6,380,114,000 shall become available on July 1, 1997,

10 and shall remain available through September 30, 1998,

11 and of which $1,298,386,000 shall become available on

12 October 1, 1997 and shall remain available through Sep13 tember 30, 1998, for academic year 1997–1998: Pro14 vided, That $6,194,850,000 shall be available for basic

15 grants under section 1124: Provided further, That up to

16 $3,500,000 of these funds shall be available to the Sec17 retary on October 1, 1996, to obtain updated local-edu18 cational-agency-level census poverty data from the Bu19 reau of the Census: Provided further, That $999,249,000

20 shall be available for concentration grants under section

21 1124(A) and $7,000,000 shall be available for evalua22 tions under section 1501.

23 IMPACT AID

24 For carrying out programs of financial assistance

25 to federally affected schools authorized by title VIII of

26 the Elementary and Secondary Education Act of 1965,
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1 $730,000,000, of which $615,500,000 shall be for basic

2 support payments under section 8003(b), $40,000,000

3 shall be for payments for children with disabilities under

4 section 8003(d), $52,000,000, to remain available until

5 expended, shall be for payments under section 8003(f),

6 $5,000,000 shall be for construction under section 8007,

7 and $17,500,000 shall be for Federal property payments

8 under section 8002.

9 SCHOOL IMPROVEMENT PROGRAMS

10 For carrying out school improvement activities au11 thorized by titles II, IV–A–1, V–A and B, VI, IX, X and

12 XIII of the Elementary and Secondary Education Act of

13 1965; the Stewart B. McKinney Homeless Assistance

14 Act; and the Civil Rights Act of 1964; $1,425,631,000,

15 of which $1,202,478,000 shall become available on July

16 1, 1997, and remain available through September 30,

17 1998: Provided, That of the amount appropriated,

18 $310,000,000 shall be for Eisenhower professional devel19 opment State grants under title II–B and $310,000,000

20 shall be for innovative education program strategies State

21 grants under title VI–A.

22 BILINGUAL AND IMMIGRANT EDUCATION

23 For carrying out, to the extent not otherwise pro24 vided, bilingual, foreign language and immigrant edu25 cation activities authorized by parts A and C and section

26 7203 of title VII of the Elementary and Secondary Edu-
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1 cation Act, without regard to section 7103(b),

2 $261,700,000, of which $100,000,000 shall be for immi3 grant education programs authorized by part C: Pro4 vided, That State educational agencies may use all, or

5 any part of, their part C allocation for competitive grants

6 to local educational agencies: Provided further, That the

7 Department of Education should only support instruc8 tional programs which ensure that students completely

9 master English in a timely fashion (a period of three to

10 five years) while meeting rigorous achievement standards

11 in the academic content areas.

12 SPECIAL EDUCATION

13 For carrying out parts B, C, D, E, F, G, and H

14 and section 610(j)(2)(C) of the Individuals with Disabil15 ities Education Act, $4,036,000,000, of which

16 $3,783,685,000 shall become available for obligation on

17 July 1, 1997, and shall remain available through Septem18 ber 30, 1998: Provided, That the Republic of the Mar19 shall Islands, the Federated States of Micronesia, and

20 the Republic of Palau shall continue to be eligible to re21 ceive funds under the Individuals with Disabilities Edu22 cation Act consistent with the provisions of Public Law

23 104–134: Provided further, That the entities that received

24 competitive awards for direct services to children under

25 section 611 of the Individuals with Disabilities Education

26 Act in accordance with the competition required in Public
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1 Law 104–134 shall continue to be funded, without com2 petition, in the same amounts as under Public Law 104–

3 134.

4 REHABILITATION SERVICES AND DISABILITY RESEARCH

5 For carrying out, to the extent not otherwise pro6 vided, the Rehabilitation Act of 1973, the Technology-Re7 lated Assistance for Individuals with Disabilities Act, and

8 the Helen Keller National Center Act, as amended,

9 $2,509,447,000.

10 SPECIAL INSTITUTIONS FOR PERSONS WITH

11 DISABILITIES

12 AMERICAN PRINTING HOUSE FOR THE BLIND

13 For carrying out the Act of March 3, 1879, as

14 amended (20 U.S.C. 101 et seq.), $6,680,000.

15 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

16 For the National Technical Institute for the Deaf

17 under titles I and II of the Education of the Deaf Act

18 of 1986 (20 U.S.C. 4301 et seq.), $43,041,000: Provided,

19 That from the amount available, the Institute may at its

20 discretion use funds for the endowment program as au21 thorized under section 207.

22 GALLAUDET UNIVERSITY

23 For the Kendall Demonstration Elementary

24 School, the Model Secondary School for the Deaf, and

25 the partial support of Gallaudet University under titles I

26 and II of the Education of the Deaf Act of 1986 (20
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1 U.S.C. 4301 et seq.), $79,182,000: Provided, That from

2 the amount available, the University may at its discretion

3 use funds for the endowment program as authorized

4 under section 207.

5 VOCATIONAL AND ADULT EDUCATION

6 For carrying out, to the extent not otherwise pro7 vided, the Carl D. Perkins Vocational and Applied Tech8 nology Education Act, the Adult Education Act, and the

9 National Literacy Act of 1991, $1,486,531,000, of which

10 $4,500,000 shall be for the National Institute for Lit11 eracy; and of which $1,483,612,000 shall become avail12 able on July 1, 1997 and shall remain available through

13 September 30, 1998: Provided, That, of the amounts

14 made available for title II of the Carl D. Perkins Voca15 tional and Applied Technology Education Act,

16 $4,500,000 shall be used by the Secretary for national

17 programs under title IV, without regard to section 451:

18 Provided further, That, in addition, the Secretary may re19 serve up to $9,000,000 under section 101(a)(1)(A) of the

20 Carl D. Perkins Vocational and Applied Technology Edu21 cation Act, without regard to section 451: Provided fur22 ther, That the Secretary may reserve up to $5,000,000

23 under section 313(d) of the Adult Education Act for ac24 tivities carried out under section 383 of that Act: Pro25 vided further, That no funds shall be awarded to a State

26 Council under section 112(f) of the Carl D. Perkins Vo-
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1 cational and Applied Technology Education Act, and no

2 State shall be required to operate such a Council.

3 STUDENT FINANCIAL ASSISTANCE

4 For carrying out subparts 1, 3, and 4, of part A,

5 part C and part E of title IV of the Higher Education

6 Act of 1965, as amended, $7,560,407,000, which shall

7 remain available through September 30, 1998.

8 The maximum Pell Grant for which a student

9 shall be eligible during award year 1997–1998 shall be

10 $2,700: Provided, That notwithstanding section 401(g) of

11 the Act, if the Secretary determines, prior to publication

12 of the payment schedule for such award year, that the

13 amount included within this appropriation for Pell Grant

14 awards in such award year, and any funds available from

15 the fiscal year 1996 appropriation for Pell Grant awards,

16 are insufficient to satisfy fully all such awards for which

17 students are eligible, as calculated under section 401(b)

18 of the Act, the amount paid for each such award shall

19 be reduced by either a fixed or variable percentage, or by

20 a fixed dollar amount, as determined in accordance with

21 a schedule of reductions established by the Secretary for

22 this purpose.

23 FEDERAL FAMILY EDUCATION LOAN PROGRAM ACCOUNT

24 For Federal administrative expenses to carry out

25 guaranteed student loans authorized by title IV, part B,

26 of the Higher Education Act, as amended, $46,572,000.
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1 HIGHER EDUCATION

2 For carrying out, to the extent not otherwise pro3 vided, parts A and B of title III, without regard to sec4 tion 360(a)(1)(B)(ii), titles IV, V, VI, VII, and IX, part

5 A and subpart 1 of part B of title X, and title XI of the

6 Higher Education Act of 1965, as amended, Public Law

7 102–423 and the Mutual Educational and Cultural Ex8 change Act of 1961; $879,054,000, of which $15,673,000

9 for interest subsidies under title VII of the Higher Edu10 cation Act, as amended, shall remain available until ex11 pended: Provided, That funds available for part D of title

12 IX of the Higher Education Act shall be available to fund

13 noncompeting continuation awards for academic year

14 1997–1998 for fellowships awarded originally under part

15 B of title IX of said Act, under the terms and conditions

16 of part B: Provided further, That $5,931,000 of the

17 funds available for part D of title IX of the Higher Edu18 cation Act shall be available to fund new and noncompet19 ing continuation awards for academic year 1997–1998

20 for fellowships awarded under part C of title IX of said

21 Act, under the terms and conditions of part C: Provided

22 further, That notwithstanding sections 419D, 419E, and

23 419H of the Higher Education Act, as amended, scholar24 ships made under title IV, part A, subpart 6 shall be pro25 rated to maintain the same number of new scholarships
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1 in fiscal year 1997 as in fiscal year 1996: Provided fur2 ther, That $3,000,000, to remain available until ex3 pended, shall be for the George H.W. Bush fellowship

4 program, if authorized by April 1, 1997: Provided further,

5 That $3,000,000, to remain available until expended,

6 shall be for the Edmund S. Muskie Foundation to estab7 lish an endowment fund to provide income to support

8 such foundation on a continuing basis, if authorized by

9 April 1, 1997: Provided further, That $3,000,000, to re10 main available until expended, shall be for the Claiborne

11 Pell Institute for International Relations and Public Pol12 icy at Salve Regina University in Newport, Rhode Island,

13 if authorized by April 1, 1997: Provided further, That

14 $1,000,000, to remain available until expended, shall be

15 for the Calvin Coolidge Memorial Foundation, if author16 ized by April 1, 1997: Provided further, That, of the

17 amounts made available under title X, part A of the

18 Higher Education Act, $2,000,000 shall be awarded to

19 the Pennsylvania Educational Telecommunications Ex20 change Network.

21 HOWARD UNIVERSITY

22 For partial support of Howard University (20

23 U.S.C. 121 et seq.), $196,000,000: Provided, That from

24 the amount available, the University may at its discretion

25 use funds for the endowment program as authorized
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1 under the Howard University Endowment Act (Public

2 Law 98–480).

3 HIGHER EDUCATION FACILITIES LOANS

4 The Secretary is hereby authorized to make such

5 expenditures, within the limits of funds available under

6 this heading and in accord with law, and to make such

7 contracts and commitments without regard to fiscal year

8 limitation, as provided by section 104 of the Government

9 Corporation Control Act (31 U.S.C. 9104), as may be

10 necessary in carrying out the program for the current fis11 cal year.

12 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

13 PROGRAM

14 For administrative expenses to carry out the exist15 ing direct loan program of college housing and academic

16 facilities loans entered into pursuant to title VII, part C,

17 of the Higher Education Act, as amended, $698,000.

18 COLLEGE HOUSING LOANS

19 Pursuant to title VII, part C of the Higher Edu20 cation Act, as amended, for necessary expenses of the col21 lege housing loans program, the Secretary shall make ex22 penditures and enter into contracts without regard to fis23 cal year limitation using loan repayments and other re24 sources available to this account. Any unobligated bal25 ances becoming available from fixed fees paid into this

26 account pursuant to 12 U.S.C. 1749d, relating to pay-
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1 ment of costs for inspections and site visits, shall be

2 available for the operating expenses of this account.

3 HISTORICALLY BLACK COLLEGE AND UNIVERSITY

4 CAPITAL FINANCING, PROGRAM ACCOUNT

5 The total amount of bonds insured pursuant to

6 section 724 of title VII, part B of the Higher Education

7 Act shall not exceed $357,000,000, and the cost, as de8 fined in section 502 of the Congressional Budget Act of

9 1974, of such bonds shall not exceed zero.

10 For administrative expenses to carry out the His11 torically Black College and University Capital Financing

12 Program entered into pursuant to title VII, part B of the

13 Higher Education Act, as amended, $104,000.

14 EDUCATION RESEARCH, STATISTICS, AND IMPROVEMENT

15 For carrying out activities authorized by the Edu16 cational Research, Development, Dissemination, and Im17 provement Act of 1994, including part E; the National

18 Education Statistics Act of 1994; section 2102, sections

19 3132, 3136 and 3141, parts B, C, and D of title III and

20 parts A, B, I, and K and section 10601 of title X, and

21 part C of title XIII of the Elementary and Secondary

22 Education Act of 1965, as amended, and title VI of Pub23 lic Law 103–227, $598,350,000: Provided, That

24 $200,000,000 shall be for section 3132, $56,965,000

25 shall be for section 3136 and $10,000,000 shall be for

26 section 3141 of the Elementary and Secondary Education
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1 Act: Provided further, That notwithstanding any other

2 provision of law, one-half of one percent of the amount

3 available for section 3132 of the Elementary and Second4 ary Education Act of 1965, as amended, shall be set

5 aside for the outlying areas to be distributed among the

6 outlying areas on the basis of their relative need as deter7 mined by the Secretary in accordance with the purposes

8 of the program: Provided further, That, notwithstanding

9 section 3131(b) of said Act, if any State educational

10 agency does not apply for a grant under section 3132,

11 that State’s allotment under section 3131 shall be re12 served by the Secretary for grants to local educational

13 agencies in the State that apply directly to the Secretary

14 according to the terms and conditions announced by the

15 Secretary in the Federal Register: Provided further, That,

16 of the amount available for title III, part B of the Ele17 mentary and Secondary Education Act of 1965, as

18 amended, funds shall be awarded to continue the Iowa

19 Communication Network statewide fiber optic demonstra20 tion and $2,000,000 shall be awarded to the Southeast21 ern Pennsylvania Consortium for Higher Education for

22 the establishment of local and wide area computer net23 works to provide instructional resources to students and

24 faculty: Provided further, That none of the funds appro-
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1 priated in this paragraph may be obligated or expended

2 for the Goals 2000 Community Partnerships Program.

3 LIBRARIES

4 Notwithstanding title VII of this Act, for carrying

5 out titles I, II, III, and IV of the Library Services and

6 Construction Act, and title II–B of the Higher Education

7 Act, $136,369,000, of which $16,369,000 shall be used

8 to carry out the provisions of title II of the Library Serv9 ices and Construction Act and shall remain available

10 until expended; and $2,500,000 shall be for section 222

11 and $5,000,000 shall be for section 223 of the Higher

12 Education Act: Provided, That $1,000,000 shall be com13 petitively awarded to a nonprofit regional social tolerance

14 resource center, operating tolerance tools and prejudice

15 reduction programs and multimedia tolerance and geno16 cide exhibits: Provided further, That $1,500,000 shall be

17 for the continuation of a demonstration project making

18 information available for public use by connecting

19 Internet to a multistate consortium and a historical soci20 ety: Provided further, That $1,000,000 shall be for con21 tinuation of catalog conversion of research and doctoral

22 institutions and networking of local libraries under the

23 fiber optics demonstration initiated in Public Law 102–

24 394 under section 223 of the Higher Education Act: Pro25 vided further, That each State or local recipient of funds

26 under titles I, II, III, and IV of the Library Services and
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1 Construction Act may use any such funds to plan for any

2 library program or activity authorized under title VII of

3 this Act and conduct any other activity reasonably nec4 essary to provide for an orderly and effective transition

5 to the operation of library programs or activities under

6 title VII of this Act.

7 DEPARTMENTAL MANAGEMENT

8 PROGRAM ADMINISTRATION

9 For carrying out, to the extent not otherwise pro10 vided, the Department of Education Organization Act,

11 including rental of conference rooms in the District of

12 Columbia and hire of two passenger motor vehicles,

13 $327,000,000.

14 OFFICE FOR CIVIL RIGHTS

15 For expenses necessary for the Office for Civil

16 Rights, as authorized by section 203 of the Department

17 of Education Organization Act, $55,000,000.

18 OFFICE OF THE INSPECTOR GENERAL

19 For expenses necessary for the Office of the In20 spector General, as authorized by section 212 of the De21 partment of Education Organization Act, $30,000,000.

22 GENERAL PROVISIONS

23 SEC. 301. No funds appropriated in this Act may

24 be used for the transportation of students or teachers (or

25 for the purchase of equipment for such transportation) in

26 order to overcome racial imbalance in any school or
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1 school system, or for the transportation of students or

2 teachers (or for the purchase of equipment for such

3 transportation) in order to carry out a plan of racial de4 segregation of any school or school system.

5 SEC. 302. None of the funds contained in this Act

6 shall be used to require, directly or indirectly, the trans7 portation of any student to a school other than the school

8 which is nearest the student’s home, except for a student

9 requiring special education, to the school offering such

10 special education, in order to comply with title VI of the

11 Civil Rights Act of 1964. For the purpose of this section

12 an indirect requirement of transportation of students in13 cludes the transportation of students to carry out a plan

14 involving the reorganization of the grade structure of

15 schools, the pairing of schools, or the clustering of

16 schools, or any combination of grade restructuring, pair17 ing or clustering. The prohibition described in this sec18 tion does not include the establishment of magnet

19 schools.

20 SEC. 303. No funds appropriated under this Act

21 may be used to prevent the implementation of programs

22 of voluntary prayer and meditation in the public schools.

23 SEC. 304. Notwithstanding any other provision of

24 law, funds available under section 458 of the Higher

25 Education Act shall not exceed $491,000,000 for fiscal
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1 year 1997. The Department of Education shall use

2 $80,000,000 of the amounts provided for payment of ad3 ministrative cost allowances to guaranty agencies for fis4 cal year 1996. For fiscal year 1997, the Department of

5 Education shall pay administrative costs to guaranty

6 agencies, calculated on the basis of 0.85 percent of the

7 total principal amount of loans upon which insurance was

8 issued on or after October 1, 1996: Provided, That such

9 administrative costs shall be paid only on the first

10 $8,200,000,000 of the principal amount of loans upon

11 which insurance was issued on or after October 1, 1996

12 by such guaranty agencies, and shall not exceed a total

13 of $70,000,000. Such payments are to be paid quarterly,

14 and receipt of such funds and uses of such funds shall

15 be in accordance with section 428(f) of the Higher Edu16 cation Act.

17 Notwithstanding section 458 of the Higher Edu18 cation Act, the Secretary may not use funds available

19 under that section or any other section for subsequent

20 fiscal years for administrative expenses of the William D.

21 Ford Direct Loan Program. The Secretary may not re22 quire the return of guaranty agency reserve funds during

23 fiscal year 1997, except after consultation with both the

24 Chairmen and ranking members of the House Economic

25 and Educational Opportunities Committee and the Sen-
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1 ate Labor and Human Resources Committee. Any reserve

2 funds recovered by the Secretary shall be returned to the

3 Treasury of the United States for purposes of reducing

4 the Federal deficit.

5 No funds available to the Secretary may be used

6 for (1) the hiring of advertising agencies or other third

7 parties to provide advertising services for student loan

8 programs prior to January 1, 1997, or (2) payment of

9 administrative fees relating to the William D. Ford Di10 rect Loan Program to institutions of higher education.

11 SEC. 305. None of the funds appropriated in this

12 Act may be obligated or expended to carry out section

13 621(b) of Public Law 101–589.

14 (TRANSFER OF FUNDS)

15 SEC. 306. Not to exceed 1 percent of any discre16 tionary funds (pursuant to the Balanced Budget and

17 Emergency Deficit Control Act, as amended) which are

18 appropriated for the current fiscal year for the Depart19 ment of Education in this Act may be transferred be20 tween appropriations, but no such appropriation shall be

21 increased by more than 3 percent by any such transfer:

22 Provided, That the Appropriations Committees of both

23 Houses of Congress are notified at least fifteen days in

24 advance of any transfer.
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1 SEC. 307. (a) Section 8003(f)(3)(A)(i) of the Ele2 mentary and Secondary Education Act of 1965 (20

3 U.S.C. 7703(f)(3)(A)(i)) is amended—

4 (1) in the matter preceding subclause (I), by

5 striking ‘‘The Secretary’’ and all that follows

6 through ‘‘greater of—’’ and inserting the following:

7 ‘‘The Secretary, in conjunction with the local edu8 cational agency, shall first determine each of the fol9 lowing:’’;

10 (2) in each of subclauses (I) through (III), by

11 striking ‘‘the average’’ each place it appears the first

12 time in each such subclause and inserting ‘‘The av13 erage’’;

14 (3) in subclause (I), by striking the semicolon

15 and inserting a period;

16 (4) in subclause (II), by striking ‘‘: or’’ and in17 serting a period; and

18 (5) by adding at the end the following:

19 ‘‘The local educational agency shall select one of

20 the amounts determined under subclause (I), (II), or

21 (III) for purposes of the remaining computations under

22 this subparagraph.’’.

23 (b) The amendments made by subsection (a) shall

24 apply with respect to fiscal years beginning with fiscal

25 year 1995.
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1 SEC. 308. Section 485(e)(9) of the Higher Edu2 cation Act of 1965 is amended by striking out ‘‘June 30’’

3 in the second sentence of such section and inserting ‘‘Au4 gust 30’’.

5 This title may be cited as the ‘‘Department of

6 Education Appropriations Act, 1997’’.

7 TITLE IV—RELATED AGENCIES

8 ARMED FORCES RETIREMENT HOME

9 For expenses necessary for the Armed Forces Re10 tirement Home to operate and maintain the United

11 States Soldiers’ and Airmen’s Home and the United

12 States Naval Home, to be paid from funds available in

13 the Armed Forces Retirement Home Trust Fund,

14 $56,204,000, of which $432,000 shall remain available

15 until expended for construction and renovation of the

16 physical plants at the United States Soldiers’ and Air17 men’s Home and the United States Naval Home: Pro18 vided, That this appropriation shall not be available for

19 the payment of hospitalization of members of the Sol20 diers’ and Airmen’s Home in United States Army hos21 pitals at rates in excess of those prescribed by the Sec22 retary of the Army upon recommendation of the Board

23 of Commissioners and the Surgeon General of the Army.
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1 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

2 DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING

3 EXPENSES

4 For expenses necessary for the Corporation for

5 National and Community Service to carry out the provi6 sions of the Domestic Volunteer Service Act of 1973, as

7 amended, $213,969,000.

8 CORPORATION FOR PUBLIC BROADCASTING

9 For payment to the Corporation for Public Broad10 casting, as authorized by the Communications Act of

11 1934, an amount which shall be available within limita12 tions specified by that Act, for the fiscal year 1999,

13 $250,000,000: Provided, That no funds made available to

14 the Corporation for Public Broadcasting by this Act shall

15 be used to pay for receptions, parties, or similar forms

16 of entertainment for Government officials or employees:

17 Provided further, That none of the funds contained in

18 this paragraph shall be available or used to aid or sup19 port any program or activity from which any person is

20 excluded, or is denied benefits, or is discriminated

21 against, on the basis of race, color, national origin, reli22 gion, or sex.
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1 FEDERAL MEDIATION AND CONCILIATION SERVICE

2 SALARIES AND EXPENSES

3 For expenses necessary for the Federal Mediation

4 and Conciliation Service to carry out the functions vested

5 in it by the Labor Management Relations Act, 1947 (29

6 U.S.C. 171–180, 182–183), including hire of passenger

7 motor vehicles; and for expenses necessary for the Labor8 Management Cooperation Act of 1978 (29 U.S.C. 175a);

9 and for expenses necessary for the Service to carry out

10 the functions vested in it by the Civil Service Reform Act,

11 Public Law 95–454 (5 U.S.C. chapter 71), $32,579,000

12 including $1,500,000, to remain available through Sep13 tember 30, 1998, for activities authorized by the Labor14 Management Cooperation Act of 1978 (29 U.S.C. 175a):

15 Provided, That notwithstanding 31 U.S.C. 3302, fees

16 charged, up to full-cost recovery, for special training ac17 tivities and for arbitration services shall be credited to

18 and merged with this account, and shall remain available

19 until expended: Provided further, That fees for arbitration

20 services shall be available only for education, training,

21 and professional development of the agency workforce:

22 Provided further, That the Director of the Service is au23 thorized to accept on behalf of the United States gifts of

24 services and real, personal, or other property in the aid
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1 of any projects or functions within the Director’s jurisdic2 tion.

3 FEDERAL MINE SAFETY AND HEALTH REVIEW

4 COMMISSION

5 SALARIES AND EXPENSES

6 For expenses necessary for the Federal Mine

7 Safety and Health Review Commission (30 U.S.C. 801 et

8 seq.), $6,060,000.

9 NATIONAL COMMISSION ON LIBRARIES AND

10 INFORMATION SCIENCE

11 SALARIES AND EXPENSES

12 For necessary expenses for the National Commis13 sion on Libraries and Information Science, established by

14 the Act of July 20, 1970 (Public Law 91–345, as amend15 ed by Public Law 102–95), $897,000.

16 NATIONAL COUNCIL ON DISABILITY

17 SALARIES AND EXPENSES

18 For expenses necessary for the National Council

19 on Disability as authorized by title IV of the Rehabilita20 tion Act of 1973, as amended, $1,793,000.

21 NATIONAL EDUCATION GOALS PANEL

22 For expenses necessary for the National Edu23 cation Goals Panel, as authorized by title II, part A of

24 the Goals 2000: Educate America Act, $1,500,000.
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1 NATIONAL LABOR RELATIONS BOARD

2 SALARIES AND EXPENSES

3 For expenses necessary for the National Labor

4 Relations Board to carry out the functions vested in it

5 by the Labor-Management Relations Act, 1947, as

6 amended (29 U.S.C. 141–167), and other laws,

7 $175,000,000: Provided, That no part of this appropria8 tion shall be available to organize or assist in organizing

9 agricultural laborers or used in connection with investiga10 tions, hearings, directives, or orders concerning bargain11 ing units composed of agricultural laborers as referred to

12 in section 2(3) of the Act of July 5, 1935 (29 U.S.C.

13 152), and as amended by the Labor-Management Rela14 tions Act, 1947, as amended, and as defined in section

15 3(f) of the Act of June 25, 1938 (29 U.S.C. 203), and

16 including in said definition employees engaged in the

17 maintenance and operation of ditches, canals, reservoirs,

18 and waterways when maintained or operated on a mu19 tual, nonprofit basis and at least 95 per centum of the

20 water stored or supplied thereby is used for farming pur21 poses: Provided further, That none of the funds made

22 available by this Act shall be used in any way to promul23 gate a final rule (altering 29 CFR part 103) regarding

24 single location bargaining units in representation cases.
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1 NATIONAL MEDIATION BOARD

2 SALARIES AND EXPENSES

3 For expenses necessary to carry out the provisions

4 of the Railway Labor Act, as amended (45 U.S.C. 151–

5 188), including emergency boards appointed by the Presi6 dent, $8,300,000: Provided, That unobligated balances at

7 the end of fiscal year 1997 not needed for emergency

8 boards shall remain available for other statutory purposes

9 through September 30, 1998.

10 OCCUPATIONAL SAFETY AND HEALTH REVIEW

11 COMMISSION

12 SALARIES AND EXPENSES

13 For expenses necessary for the Occupational Safe14 ty and Health Review Commission (29 U.S.C. 661),

15 $7,753,000.

16 PHYSICIAN PAYMENT REVIEW COMMISSION

17 SALARIES AND EXPENSES

18 For expenses necessary to carry out section

19 1845(a) of the Social Security Act, $3,263,000, to be

20 transferred to this appropriation from the Federal Sup21 plementary Medical Insurance Trust Fund.

22 PROSPECTIVE PAYMENT ASSESSMENT COMMISSION

23 SALARIES AND EXPENSES

24 For expenses necessary to carry out section

25 1886(e) of the Social Security Act, $3,263,000, to be
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1 transferred to this appropriation from the Federal Hos2 pital Insurance and the Federal Supplementary Medical

3 Insurance Trust Funds.

4 SOCIAL SECURITY ADMINISTRATION

5 PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

6 For payment to the Federal Old-Age and Survi7 vors Insurance and the Federal Disability Insurance trust

8 funds, as provided under sections 201(m), 228(g), and

9 1131(b)(2) of the Social Security Act, $20,923,000.

10 In addition, to reimburse these trust funds for ad11 ministrative expenses to carry out sections 9704 and

12 9706 of the Internal Revenue Code of 1986,

13 $10,000,000, to remain available until expended.

14 SPECIAL BENEFITS FOR DISABLED COAL MINERS

15 For carrying out title IV of the Federal Mine

16 Safety and Health Act of 1977, $460,070,000, to remain

17 available until expended.

18 For making, after July 31 of the current fiscal

19 year, benefit payments to individuals under title IV of the

20 Federal Mine Safety and Health Act of 1977, for costs

21 incurred in the current fiscal year, such amounts as may

22 be necessary.

23 For making benefit payments under title IV of the

24 Federal Mine Safety and Health Act 1977 for the first

25 quarter of fiscal year 1998, $160,000,000, to remain

26 available until expended.
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1 SUPPLEMENTAL SECURITY INCOME PROGRAM

2 For carrying out titles XI and XVI of the Social

3 Security Act, section 401 of Public Law 92–603, section

4 212 of Public Law 93–66, as amended, and section 405

5 of Public Law 95–216, including payment to the Social

6 Security trust funds for administrative expenses incurred

7 pursuant to section 201(g)(1) of the Social Security Act,

8 $19,372,010,000, to remain available until expended:

9 Provided, That any portion of the funds provided to a

10 State in the current fiscal year and not obligated by the

11 State during that year shall be returned to the Treasury.

12 From funds provided under the previous para13 graph, not less than $100,000,000 shall be available for

14 payment to the Social Security trust funds for adminis15 trative expenses for conducting continuing disability re16 views.

17 In addition, $175,000,000, to remain available

18 until September 30, 1998, for payment to the Social Se19 curity trust funds for administrative expenses for con20 tinuing disability reviews as authorized by section 103 of

21 Public Law 104–121 and Supplemental Security Income

22 administrative work as authorized by Public Law 104–

23 193. The term ‘‘continuing disability reviews’’ means re24 views and redetermination as defined under section

25 201(g)(1)(A) of the Social Security Act as amended, and
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1 reviews and redeterminations authorized under section

2 211 of Public Law 104–193.

3 For making, after June 15 of the current fiscal

4 year, benefit payments to individuals under title XVI of

5 the Social Security Act, for unanticipated costs incurred

6 for the current fiscal year, such sums as may be nec7 essary.

8 For carrying out title XVI of the Social Security

9 Act for the first quarter of fiscal year 1998,

10 $9,690,000,000, to remain available until expended.

11 LIMITATION ON ADMINISTRATIVE EXPENSES

12 For necessary expenses, including the hire of two

13 passenger motor vehicles, and not to exceed $10,000 for

14 official reception and representation expenses, not more

15 than $5,873,382,000 may be expended, as authorized by

16 section 201(g)(1) of the Social Security Act or as nec17 essary to carry out sections 9704 and 9706 of the Inter18 nal Revenue Code of 1986 from any one or all of the

19 trust funds referred to therein: Provided, That reimburse20 ment to the trust funds under this heading for adminis21 trative expenses to carry out sections 9704 and 9706 of

22 the Internal Revenue Code of 1986 shall be made, with

23 interest, not later than September 30, 1988: Provided

24 further, That not less than $1,268,000 shall be for the

25 Social Security Advisory Board: Provided further, That

26 unobligated balances at the end of fiscal year 1997 not
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1 needed for fiscal year 1997 shall remain available until

2 expended for a state-of-the-art computing network, in3 cluding related equipment and administrative expenses

4 associated solely with this network.

5 From funds provided under the previous para6 graph, not less than $200,000,000 shall be available for

7 conducting continuing disability reviews.

8 In addition to funding already available under this

9 heading, and subject to the same terms and conditions,

10 $310,000,000, to remain available until September 30,

11 1998, for continuing disability reviews as authorized by

12 section 103 of Public Law 104–121 and Supplemental

13 Security Income administrative work as authorized by

14 Public Law 104–193. The term ‘‘continuing disability re15 views’’ means reviews and redetermination as defined

16 under section 201(g)(1)(A) of the Social Security Act as

17 amended, and reviews and redeterminations authorized

18 under section 211 of Public Law 104–193.

19 In addition to funding already available under this

20 heading, and subject to the same terms and conditions,

21 $234,895,000, which shall remain available until ex22 pended, to invest in a state-of-the-art computing network,

23 including related equipment and administrative expenses

24 associated solely with this network, for the Social Secu25 rity Administration and the State Disability Determina-
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1 tion Services, may be expended from any or all of the

2 trust funds as authorized by section 201(g)(1) of the So3 cial Security Act.

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, $6,335,000, together

8 with not to exceed $31,089,000, to be transferred and ex9 pended as authorized by section 201(g)(1) of the Social

10 Security Act from the Federal Old-Age and Survivors In11 surance Trust Fund and the Federal Disability Insurance

12 Trust Fund.

13 RAILROAD RETIREMENT BOARD

14 DUAL BENEFITS PAYMENTS ACCOUNT

15 For payment to the Dual Benefits Payments Ac16 count, authorized under section 15(d) of the Railroad Re17 tirement Act of 1974, $223,000,000, which shall include

18 amounts becoming available in fiscal year 1997 pursuant

19 to section 224(c)(1)(B) of Public Law 98–76; and in ad20 dition, an amount, not to exceed 2 percent of the amount

21 provided herein, shall be available proportional to the

22 amount by which the product of recipients and the aver23 age benefit received exceeds $223,000,000: Provided,

24 That the total amount provided herein shall be credited

25 in 12 approximately equal amounts on the first day of

26 each month in the fiscal year.
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1 FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT

2 ACCOUNTS

3 For payment to the accounts established in the

4 Treasury for the payment of benefits under the Railroad

5 Retirement Act for interest earned on unnegotiated

6 checks, $300,000, to remain available through September

7 30, 1998, which shall be the maximum amount available

8 for payment pursuant to section 417 of Public Law 98–

9 76.

10 LIMITATION ON ADMINISTRATION

11 For necessary expenses for the Railroad Retire12 ment Board for administration of the Railroad Retire13 ment Act and the Railroad Unemployment Insurance

14 Act, $87,898,000, to be derived in such amounts as de15 termined by the Board from the railroad retirement ac16 counts and from moneys credited to the railroad unem17 ployment insurance administration fund.

18 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

19 For expenses necessary for the Office of Inspector

20 General for audit, investigatory and review activities, as

21 authorized by the Inspector General Act of 1978, as

22 amended, not more than $5,404,000, to be derived from

23 the railroad retirement accounts and railroad unemploy24 ment insurance account: Provided, That none of the

25 funds made available in this Act may be transferred to

26 the Office from the Department of Health and Human
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1 Services, or used to carry out any such transfer: Provided

2 further, That none of the funds made available in this

3 paragraph may be used for any audit, investigation, or

4 review of the Medicare program.

5 UNITED STATES INSTITUTE OF PEACE

6 OPERATING EXPENSES

7 For necessary expenses of the United States Insti8 tute of Peace as authorized in the United States Institute

9 of Peace Act, $11,160,000.

10 TITLE V—GENERAL PROVISIONS

11 SEC. 501. The Secretaries of Labor, Health and

12 Human Services, and Education are authorized to trans13 fer unexpended balances of prior appropriations to ac14 counts corresponding to current appropriations provided

15 in this Act: Provided, That such transferred balances are

16 used for the same purpose, and for the same periods of

17 time, for which they were originally appropriated.

18 SEC. 502. No part of any appropriation contained

19 in this Act shall remain available for obligation beyond

20 the current fiscal year unless expressly so provided here21 in.

22 SEC. 503. (a) No part of any appropriation con23 tained in this Act shall be used, other than for normal

24 and recognized executive-legislative relationships, for pub25 licity or propaganda purposes, for the preparation, dis-
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1 tribution, or use of any kit, pamphlet, booklet, publica2 tion, radio, television, or video presentation designed to

3 support or defeat legislation pending before the Congress,

4 except in presentation to the Congress itself or any State

5 legislature, except in presentation to the Congress or any

6 State legislative body itself.

7 (b) No part of any appropriation contained in this

8 Act shall be used to pay the salary or expenses of any

9 grant or contract recipient, or agent acting for such re10 cipient, related to any activity designed to influence legis11 lation or appropriations pending before the Congress or

12 any State legislature.

13 SEC. 504. The Secretaries of Labor and Edu14 cation are each authorized to make available not to ex15 ceed $15,000 from funds available for salaries and ex16 penses under titles I and III, respectively, for official re17 ception and representation expenses; the Director of the

18 Federal Mediation and Conciliation Service is authorized

19 to make available for official reception and representation

20 expenses not to exceed $2,500 from the funds available

21 for ‘‘Salaries and expenses, Federal Mediation and Con22 ciliation Service’’; and the Chairman of the National Me23 diation Board is authorized to make available for official

24 reception and representation expenses not to exceed
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1 $2,500 from funds available for ‘‘Salaries and expenses,

2 National Mediation Board’’.

3 SEC. 505. Notwithstanding any other provision of

4 this Act, no funds appropriated under this Act shall be

5 used to carry out any program of distributing sterile nee6 dles for the hypodermic injection of any illegal drug un7 less the Secretary of Health and Human Services deter8 mines that such programs are effective in preventing the

9 spread of HIV and do not encourage the use of illegal

10 drugs.

11 SEC. 506. (a) PURCHASE OF AMERICAN-MADE

12 EQUIPMENT AND PRODUCTS.—It is the sense of the Con13 gress that, to the greatest extent practicable, all equip14 ment and products purchased with funds made available

15 in this Act should be American-made.

16 (b) NOTICE REQUIREMENT.—In providing finan17 cial assistance to, or entering into any contract with, any

18 entity using funds made available in this Act, the head

19 of each Federal agency, to the greatest extent prac20 ticable, shall provide to such entity a notice describing

21 the statement made in subsection (a) by the Congress.

22 (c) PROHIBITION OF CONTRACTS WITH PERSONS

23 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

24 If it has been finally determined by a court or Federal

25 agency that any person intentionally affixed a label bear-
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1 ing a ‘‘Made in America’’ inscription, or any inscription

2 with the same meaning, to any product sold in or shipped

3 to the United States that is not made in the United

4 States, the person shall be ineligible to receive any con5 tract or subcontract made with funds made available in

6 this Act, pursuant to the debarment, suspension, and in7 eligibility procedures described in sections 9.400 through

8 9.409 of title 48, code of Federal Regulations.

9 SEC. 507. When issuing statements, press re10 leases, requests for proposals, bid solicitations and other

11 documents describing projects or programs funded in

12 whole or in part with Federal money, all grantees receiv13 ing Federal funds included in this Act, including but not

14 limited to State and local governments and recipients of

15 Federal research grants, shall clearly state (1) the per16 centage of the total costs of the program or project which

17 will be financed with Federal money, (2) the dollar

18 amount of Federal funds for the project or program, and

19 (3) percentage and dollar amount of the total costs of the

20 project or program that will be financed by nongovern21 mental sources.

22 SEC. 508. None of the funds appropriated under

23 this Act shall be expended for any abortion except when

24 it is made known to the Federal entity or official to

25 which funds are appropriated under this Act that such
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1 procedure is necessary to save the life of the mother or

2 that the pregnancy is the result of an act of rape or in3 cest.

4 SEC. 509. Notwithstanding any other provision of

5 law—

6 (1) no amount may be transferred from an ap7 propriation account for the Departments of Labor,

8 Health and Human Services, and Education except

9 as authorized in this or any subsequent appropria10 tion Act, or in the Act establishing the program or

11 activity for which funds are contained in this Act;

12 (2) no department, agency, or other entity,

13 other than the one responsible for administering the

14 program or activity for which an appropriation is

15 made in this Act, may exercise authority for the tim16 ing of the obligation and expenditure of such appro17 priation, or for the purpose for which it is obligated

18 and expended, except to the extent and in the man19 ner otherwise provided in sections 1512 and 1513 of

20 title 31, United States Code; and

21 (3) no funds provided under this Act shall be

22 available for the salary (or any part thereof) of an

23 employee who is reassigned on a temporary detail

24 basis to another position in the employing agency or

25 department or in any other agency or department,
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1 unless the detail is independently approved by the

2 head of the employing department of agency.

3 SEC. 510. None of the funds made available in

4 this Act may be used for the expenses of an electronic

5 benefit transfer (EBT) task force.

6 SEC. 511. None of the funds made available in

7 this Act may be used to enforce the requirements of sec8 tion 428(b)(1)(U)(iii) of the Higher Education Act of

9 1965 with respect to any lender when it is made known

10 to the Federal official having authority to obligate or ex11 pend such funds that the lender has a loan portfolio

12 under part B of title IV of such Act that is equal to

13 or less than $5,000,000.

14 SEC. 512. (a) None of the funds made available

15 in this Act may be used for—

16 (1) the creation of a human embryo or embryos

17 for research purposes; or

18 (2) research in which a human embryo or em19 bryos are destroyed, discarded, or knowingly sub20 jected to risk of injury or death greater than that

21 allowed for research on fetuses in utero under 45

22 CFR 46.208(a)(2) and section 498(b) of the Public

23 Health Service Act (42 U.S.C. 289g(b)).

24 (b) For purposes of this section, the term ‘‘human

25 embryo or embryos’’ include any organism, not protected
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1 as a human subject under 45 CFR 46 as of the date of

2 the enactment of this Act, that is derived by fertilization,

3 parthenogenesis, cloning, or any other means from one or

4 more human gametes.

5 SEC. 513. (a) LIMITATION ON USE OF FUNDS

6 FOR PROMOTION OF LEGALIZATION OF CONTROLLED

7 SUBSTANCES.—None of the funds made available in this

8 Act may be used for any activity when it is made known

9 to the Federal official having authority to obligate or ex10 pend such funds that the activity promotes the legaliza11 tion of any drug or other substance included in schedule

12 I of the schedules of controlled substances established by

13 section 202 of the Controlled Substances Act (21 U.S.C.

14 812).

15 (b) EXCEPTIONS.—The limitation in subsection

16 (a) shall not apply when it is made known to the Federal

17 official having authority to obligate or expend such funds

18 that there is significant medical evidence of a therapeutic

19 advantage to the use of such drug or other substance or

20 that Federally-sponsored clinical trials are being con21 ducted to determine therapeutic advantage.

22 SEC. 514. (a) DENIAL OF FUNDS FOR PREVENT23 ING ROTC ACCESS TO CAMPUS.—None of the funds

24 made available in this or any other Departments of

25 Labor, Health and Human Services, and Education, and
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1 Related Agencies Appropriations Act for any fiscal year

2 may be provided by contract or by grant (including a

3 grant of funds to be available for student aid) to a cov4 ered educational entity if the Secretary of Defense deter5 mines that the covered educational entity has a policy or

6 practice (regardless of when implemented) that either

7 prohibits, or in effect prevents—

8 (1) the maintaining, establishing, or operation

9 of a unit of the Senior Reserve Officer Training

10 Corps (in accordance with section 654 of title 10,

11 United States Code, and other applicable Federal

12 laws) at the covered educational entity; or

13 (2) a student at the covered educational entity

14 from enrolling in a unit of the Senior Reserve Offi15 cer Training Corps at another institution of higher

16 education.

17 (b) DENIAL OF FUNDS FOR PREVENTING FED18 ERAL MILITARY RECRUITING ON CAMPUS.—None of the

19 funds made available in this or any other Departments

20 of Labor, Health and Human Services, and Education,

21 and Related Agencies Appropriations Act for any fiscal

22 year may be provided by contract or by grant (including

23 a grant of funds to be available for student aid) to a cov24 ered educational entity if the Secretary of Defense deter25 mines that the covered educational entity has a policy or
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1 practice (regardless of when implemented) that either

2 prohibits, or in effect prevents—

3 (1) entry to campuses, or access to students

4 (who are 17 years of age or older) on campuses, for

5 purposes of Federal military recruiting; or

6 (2) access by military recruiters for purposes of

7 Federal military recruiting to the following informa8 tion pertaining to students (who are 17 years of age

9 or older) enrolled at the covered educational entity:

10 (A) student names, addresses, and tele11 phone listings; and

12 (B) if known, student ages, levels of edu13 cation, and majors.

14 (c) EXCEPTIONS.—The limitation established in

15 subsection (a) or (b) shall not apply to a covered edu16 cational entity if the Secretary of Defense determines

17 that—

18 (1) the covered educational entity has ceased

19 the policy or practice described in such subsection;

20 (2) the institution of higher education involved

21 has a longstanding policy of pacifism based on his22 torical religious affiliation; or

23 (3) the institution of higher education involved

24 is prohibited by the law of any State, or by the order

25 of any State court, from allowing Senior Reserve Of-
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1 ficer Training Corps activities or Federal military

2 recruiting on campus, except that this paragraph

3 shall apply only during the one-year period begin4 ning on the effective date of this section.

5 (d) NOTICE OF DETERMINATIONS.—Whenever the

6 Secretary of Defense makes a determination under sub7 section (a), (b), or (c), the Secretary—

8 (1) shall transmit a notice of the determination

9 to the Secretary of Education and to the Congress;

10 and

11 (2) shall publish in the Federal Register a no12 tice of the determination and the effect of the deter13 mination on the eligibility of the covered educational

14 entity for contracts and grants.

15 (e) SEMIANNUAL NOTICE IN FEDERAL REG16 ISTER.—The Secretary of Defense shall publish in the

17 Federal Register once every 6 months a list of each cov18 ered educational entity that is currently ineligible for con19 tracts and grants by reason of a determination of the

20 Secretary under subsection (a) or (b).

21 (f) COVERED EDUCATIONAL ENTITY.—For pur22 poses of this section, the term ‘‘covered educational en23 tity’’ means an institution of higher education, or a sub24 element of an institution of higher education.
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1 (g) EFFECTIVE DATE.—This section shall take ef2 fect upon the expiration of the 180-day period beginning

3 on the date of the enactment of this Act, by which date

4 the Secretary of Defense shall have published final regu5 lations in consultation with the Secretary of Education to

6 carry out this section.

7 SEC. 515. (a) TECHNICAL AMENDMENT TO

8 OTHER ROTC AND MILITARY RECRUITING PROVI9 SIONS.—Sections 508 and 509 of the Energy and Water

10 Development Appropriations Act, 1997, are amended by

11 striking ‘‘when it is made known to the Federal official

12 having authority to obligate or expend such funds’’ each

13 place it appears and inserting ‘‘if the Secretary of De14 fense determines’’.

15 (b) EFFECTIVE DATE.—Sections 508 and 509 of

16 the Energy and Water Development Appropriations Act,

17 1997, shall not take effect until the expiration of the

18 180-day period beginning on the date of the enactment

19 of this Act, by which date the Secretary of Defense shall

20 have published final regulations to carry out such sec21 tions (as amended by subsection (a)).

22 SEC. 516. None of the funds made available in

23 this Act may be obligated or expended to enter into or

24 renew a contract with an entity when it is made known
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1 to the Federal official having authority to obligate or ex2 pend such funds that—

3 (1) such entity is otherwise a contractor with

4 the United States and is subject to the requirement

5 in section 4212(d) of title 38, United States Code,

6 regarding submission of an annual report to the Sec7 retary of Labor concerning employment of certain

8 veterans; and

9 (2) such entity has not submitted a report as

10 required by that section for the most recent year for

11 which such requirement was applicable to such en12 tity.

13 SEC. 517. (a) Notwithstanding any provision of

14 the Carl D. Perkins Vocational and Applied Technology

15 Act (as such Act was in effect on September 24, 1990),

16 a State shall be deemed to have met the requirements of

17 section 503 of such Act with respect to decisions ap18 pealed by applications filed on April 30, 1993 and Octo19 ber 29, 1993 under section 452(b) of the General Edu20 cation Provisions Act.

21 (b) Subsection (a) shall take effect on October 1,

22 1996.

23 SEC. 518. None of the funds appropriated in this

24 Act may be made available to any entity under title X

25 of the Public Health Service Act unless it is made known
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1 to the Federal official having authority to obligate or ex2 pend such funds that the applicant for the award certifies

3 to the Secretary that it encourages family participation

4 in the decision of the minor to seek family planning serv5 ices.

6 SEC. 519. Of the budgetary resources available to

7 agencies in this Act for salaries and expenses during fis8 cal year 1997, $30,500,000, to be allocated by the Office

9 of Management and Budget, are permanently canceled:

10 Provided, That the foregoing provision shall not apply to

11 the Food and Drug Administration and the Indian

12 Health Service: Provided further, That amounts available

13 in this Act for congressional and legislative affairs, public

14 affairs, and intergovernmental affairs activities are here15 by reduced by $2,000,000.

16 SEC. 520. VOLUNTARY SEPARATION INCENTIVES

17 FOR EMPLOYEES OF CERTAIN FEDERAL AGENCIES.—(a)

18 DEFINITIONS.—For the purposes of this section—

19 (1) the term ‘‘agency’’ means the Railroad Re20 tirement Board and the Office of Inspector General

21 of the Railroad Retirement Board;

22 (2) the term ‘‘employee’’ means an employee

23 (as defined by section 2105 of title 5, United States

24 Code) who is employed by an agency, is serving

25 under an appointment without time limitation, and
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1 has been currently employed for a continuous period

2 of at least 3 years, but does not include—

3 (A) a reemployed annuitant under sub4 chapter III of chapter 83 or chapter 84 of title

5 5, United States Code, or another retirement

6 system for employees of the agency;

7 (B) an employee having a disability on the

8 basis of which such employee is or would be eli9 gible for disability retirement under subchapter

10 III of chapter 83 or chapter 84 of title 5, Unit11 ed States Code, or another retirement system

12 for employees of the agency;

13 (C) an employee who is in receipt of a spe14 cific notice of involuntary separation for mis15 conduct or unacceptable performance;

16 (D) an employee who, upon completing an

17 additional period of service as referred to in

18 section 3(b)(2)(B)(ii) of the Federal Workforce

19 Restructuring Act of 1994 (5 U.S.C. 5597

20 note), would qualify for a voluntary separation

21 incentive payment under section 3 of such Act;

22 (E) an employee who has previously re23 ceived any voluntary separation incentive pay24 ment by the Federal Government under this
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1 section or any other authority and has not re2 paid such payment;

3 (F) an employee covered by statutory re4 employment rights who is on transfer to an5 other organization; or

6 (G) any employee who, during the twenty7 four-month period preceding the date of separa8 tion, has received a recruitment or relocation

9 bonus under section 5753 of title 5, United

10 States Code, or who, within the twelve-month

11 period preceding the date of separation, re12 ceived a retention allowance under section 5754

13 of title 5, United States Code.

14 (b) AGENCY STRATEGIC PLAN.—

15 (1) IN GENERAL.—The three-member Railroad

16 Retirement Board, prior to obligating any resources

17 for voluntary separation incentive payments, shall

18 submit to the House and Senate Committees on Ap19 propriations and the Committee on Governmental

20 Affairs of the Senate and the Committee on Govern21 ment Reform and Oversight of the House of Rep22 resentatives a strategic plan outlining the intended

23 use of such incentive payments and a proposed orga24 nizational chart for the agency once such incentive

25 payments have been completed.
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1 (2) CONTENTS.—The agency’s plan shall in2 clude—

3 (A) the positions and functions to be re4 duced or eliminated, identified by organizational

5 unit, geographic location, occupational category

6 and grade level;

7 (B) the number and amounts of voluntary

8 separation incentive payments to be offered;

9 and

10 (C) a description of how the agency will

11 operate without the eliminated positions and

12 functions.

13 (c) AUTHORITY TO PROVIDE VOLUNTARY SEPA14 RATION INCENTIVE PAYMENTS.—

15 (1) IN GENERAL.—A voluntary separation in16 centive payment under this section may be paid by

17 an agency to any employee only to the extent nec18 essary to eliminate the positions and functions iden19 tified by the strategic plan.

20 (2) AMOUNT AND TREATMENT OF PAYMENTS.—

21 A voluntary separation incentive payment—

22 (A) shall be paid in a lump sum after the

23 employee’s separation;
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1 (B) shall be paid from appropriations or

2 funds available for the payment of the basic pay

3 of the employees;

4 (C) shall be equal to the lesser of—

5 (i) an amount equal to the amount

6 the employee would be entitled to receive

7 under section 5595(c) of title 5, United

8 States Code; or

9 (ii) an amount determined by the

10 agency head not to exceed $25,000;

11 (D) may not be made except in the case of

12 any qualifying employee who voluntarily sepa13 rates (whether by retirement or resignation) be14 fore September 30, 1997;

15 (E) shall not be a basis for payment, and

16 shall not be included in the computation, of any

17 other type of Government benefit; and

18 (F) shall not be taken into account in de19 termining the amount of any severance pay to

20 which the employee may be entitled under sec21 tion 5595 of title 5, United States Code, based

22 on any other separation.

23 (d) ADDITIONAL AGENCY CONTRIBUTIONS TO

24 THE RETIREMENT FUND.—
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1 (1) IN GENERAL.—In addition to any other

2 payments which it is required to make under sub3 chapter III of chapter 83 of title 5, United States

4 Code, an agency shall remit to the Office of Person5 nel Management for deposit in the Treasury of the

6 United States to the credit of the Civil Service Re7 tirement and Disability Fund an amount equal to 15

8 percent of the final basic pay of each employee of

9 the agency who is covered under subchapter III of

10 chapter 83 or chapter 84 of title 5, United States

11 Code, to whom a voluntary separation incentive has

12 been paid under this section.

13 (2) DEFINITION.—For the purpose of para14 graph (1), the term ‘‘final basic pay’’, with respect

15 to an employee, means the total amount of basic pay

16 which would be payable for a year of service by such

17 employee, computed using the employee’s final rate

18 of basic pay, and if last serving on other than a full19 time basis, with appropriate adjustment therefor.

20 (e) EFFECT OF SUBSEQUENT EMPLOYMENT

21 WITH THE GOVERNMENT.—An individual who has re22 ceived a voluntary separation incentive payment under

23 this section and accepts any employment for compensa24 tion with the Government of the United States, or who

25 works for any agency of the United States Government
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1 through a personal services contract, within 5 years after

2 the date of the separation on which the payment is based

3 shall be required to pay, prior to the individual’s first day

4 of employment, the entire amount of the incentive pay5 ment to the agency that paid the incentive payment.

6 (f) REDUCTION OF AGENCY EMPLOYMENT LEV7 ELS.—

8 (1) IN GENERAL.—The total number of funded

9 employee positions in the agency shall be reduced by

10 one position for each vacancy created by the separa11 tion of any employee who has received, or is due to

12 receive, a voluntary separation incentive payment

13 under this section. For the purposes of this sub14 section, positions shall be counted on a full-time15 equivalent basis.

16 (2) ENFORCEMENT.—The President, through

17 the Office of Management and Budget, shall monitor

18 the agency and take any action necessary to ensure

19 that the requirements of this subsection are met.

20 (g) EFFECTIVE DATE.—This section shall take ef21 fect October 1, 1996.

22 SEC. 521. CORRECTION OF EFFECTIVE DATE.—

23 Effective on the day after the date of enactment of the

24 Health Centers Consolidation Act of 1996, section 5 of
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1 that Act is amended by striking ‘‘October 1, 1997’’ and

2 inserting ‘‘October 1, 1996’’.

3 TITLE VI—REORGANIZATION AND PRIVATIZA4 TION OF SALLIE MAE AND CONNIE LEE

5 SEC. 601. SHORT TITLE.

6 This title may be cited as the ‘‘Student Loan Market7 ing Association Reorganization Act of 1996’’.

8 SEC. 602. REORGANIZATION OF THE STUDENT LOAN MAR9 KETING ASSOCIATION THROUGH THE FOR10 MATION OF A HOLDING COMPANY.

11 (a) AMENDMENT.—Part B of title IV of the Higher

12 Education Act of 1965 (20 U.S.C. 1071 et seq.) is amend13 ed by inserting after section 439 (20 U.S.C. 1087–2) the

14 following new section:

15 ‘‘SEC. 440. REORGANIZATION OF THE STUDENT LOAN MAR16 KETING ASSOCIATION THROUGH THE FOR17 MATION OF A HOLDING COMPANY.

18 ‘‘(a) ACTIONS BY THE ASSOCIATION’S BOARD OF DI19 RECTORS.—The Board of Directors of the Association

20 shall take or cause to be taken all such action as the Board

21 of Directors deems necessary or appropriate to effect,

22 upon the shareholder approval described in subsection (b),

23 a restructuring of the common stock ownership of the As24 sociation, as set forth in a plan of reorganization adopted

25 by the Board of Directors (the terms of which shall be
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1 consistent with this section) so that all of the outstanding

2 common shares of the Association shall be directly owned

3 by a Holding Company. Such actions may include, in the

4 Board of Director’s discretion, a merger of a wholly owned

5 subsidiary of the Holding Company with and into the As6 sociation, which would have the effect provided in the plan

7 of reorganization and the law of the jurisdiction in which

8 such subsidiary is incorporated. As part of the restructur9 ing, the Board of Directors may cause—

10 ‘‘(1) the common shares of the Association to

11 be converted, on the reorganization effective date, to

12 common shares of the Holding Company on a one

13 for one basis, consistent with applicable State or

14 District of Columbia law; and

15 ‘‘(2) Holding Company common shares to be

16 registered with the Securities and Exchange Com17 mission.

18 ‘‘(b) SHAREHOLDER APPROVAL.—The plan of reor19 ganization adopted by the Board of Directors pursuant to

20 subsection (a) shall be submitted to common shareholders

21 of the Association for their approval. The reorganization

22 shall occur on the reorganization effective date, provided

23 that the plan of reorganization has been approved by the

24 affirmative votes, cast in person or by proxy, of the holders
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1 of a majority of the issued and outstanding shares of the

2 Association common stock.

3 ‘‘(c) TRANSITION.—In the event the shareholders of

4 the Association approve the plan of reorganization under

5 subsection (b), the following provisions shall apply begin6 ning on the reorganization effective date:

7 ‘‘(1) IN GENERAL.—Except as specifically pro8 vided in this section, until the dissolution date the

9 Association shall continue to have all of the rights,

10 privileges and obligations set forth in, and shall be

11 subject to all of the limitations and restrictions of,

12 section 439, and the Association shall continue to

13 carry out the purposes of such section. The Holding

14 Company and any subsidiary of the Holding Com15 pany (other than the Association) shall not be enti16 tled to any of the rights, privileges, and obligations,

17 and shall not be subject to the limitations and re18 strictions, applicable to the Association under section

19 439, except as specifically provided in this section.

20 The Holding Company and any subsidiary of the

21 Holding Company (other than the Association or a

22 subsidiary of the Association) shall not purchase

23 loans insured under this Act until such time as the

24 Association ceases acquiring such loans, except that

25 the Holding Company may purchase such loans if
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1 the Association is merely continuing to acquire loans

2 as a lender of last resort pursuant to section 439(q)

3 or under an agreement with the Secretary described

4 in paragraph (6).

5 ‘‘(2) TRANSFER OF CERTAIN PROPERTY.—

6 ‘‘(A) IN GENERAL.—Except as provided in

7 this section, on the reorganization effective date

8 or as soon as practicable thereafter, the Asso9 ciation shall use the Association’s best efforts to

10 transfer to the Holding Company or any sub11 sidiary of the Holding Company (or both), as

12 directed by the Holding Company, all real and

13 personal property of the Association (both tan14 gible and intangible) other than the remaining

15 property. Subject to the preceding sentence,

16 such transferred property shall include all right,

17 title, and interest in—

18 ‘‘(i) direct or indirect subsidiaries of

19 the Association (excluding special purpose

20 funding companies in existence on the date

21 of enactment of this section and any inter22 est in any government-sponsored enter23 prise);

24 ‘‘(ii) contracts, leases, and other

25 agreements of the Association;
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1 ‘‘(iii) licenses and other intellectual

2 property of the Association; and

3 ‘‘(iv) any other property of the Asso4 ciation.

5 ‘‘(B) CONSTRUCTION.—Nothing in this

6 paragraph shall be construed to prohibit the As7 sociation from transferring remaining property

8 from time to time to the Holding Company or

9 any subsidiary of the Holding Company, subject

10 to the provisions of paragraph (4).

11 ‘‘(3) TRANSFER OF PERSONNEL.—On the reor12 ganization effective date, employees of the Associa13 tion shall become employees of the Holding Com14 pany (or any subsidiary of the Holding Company),

15 and the Holding Company (or any subsidiary of the

16 Holding Company) shall provide all necessary and

17 appropriate management and operational support

18 (including loan servicing) to the Association, as re19 quested by the Association. The Association, how20 ever, may obtain such management and operational

21 support from persons or entities not associated with

22 the Holding Company.

23 ‘‘(4) DIVIDENDS.—The Association may pay

24 dividends in the form of cash or noncash distribu25 tions so long as at the time of the declaration of
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1 such dividends, after giving effect to the payment of

2 such dividends as of the date of such declaration by

3 the Board of Directors of the Association, the Asso4 ciation’s capital would be in compliance with the

5 capital standards and requirements set forth in sec6 tion 439(r). If, at any time after the reorganization

7 effective date, the Association fails to comply with

8 such capital standards, the Holding Company shall

9 transfer with due diligence to the Association addi10 tional capital in such amounts as are necessary to

11 ensure that the Association again complies with the

12 capital standards.

13 ‘‘(5) CERTIFICATION PRIOR TO DIVIDEND.—

14 Prior to the payment of any dividend under para15 graph (4), the Association shall certify to the Sec16 retary of the Treasury that the payment of the divi17 dend will be made in compliance with paragraph (4)

18 and shall provide copies of all calculations needed to

19 make such certification.

20 ‘‘(6) RESTRICTIONS ON NEW BUSINESS ACTIV21 ITY OR ACQUISITION OF ASSETS BY ASSOCIATION.—

22 ‘‘(A) IN GENERAL.—After the reorganiza23 tion effective date, the Association shall not en24 gage in any new business activities or acquire
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1 any additional program assets described in sec2 tion 439(d) other than in connection with—

3 ‘‘(i) student loan purchases through

4 September 30, 2007;

5 ‘‘(ii) contractual commitments for fu6 ture warehousing advances, or pursuant to

7 letters of credit or standby bond purchase

8 agreements, which are outstanding as of

9 the reorganization effective date;

10 ‘‘(iii) the Association serving as a

11 lender-of-last-resort pursuant to section

12 439(q); and

13 ‘‘(iv) the Association’s purchase of

14 loans insured under this part, if the Sec15 retary, with the approval of the Secretary

16 of the Treasury, enters into an agreement

17 with the Association for the continuation

18 or resumption of the Association’s second19 ary market purchase program because the

20 Secretary determines there is inadequate

21 liquidity for loans made under this part.

22 ‘‘(B) AGREEMENT.—The Secretary is au23 thorized to enter into an agreement described in

24 clause (iv) of subparagraph (A) with the Asso25 ciation covering such secondary market activi-
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1 ties. Any agreement entered into under such

2 clause shall cover a period of 12 months, but

3 may be renewed if the Secretary determines

4 that liquidity remains inadequate. The fee pro5 vided under section 439(h)(7) shall not apply to

6 loans acquired under any such agreement with

7 the Secretary.

8 ‘‘(7) ISSUANCE OF DEBT OBLIGATIONS DURING

9 THE TRANSITION PERIOD; ATTRIBUTES OF DEBT OB10 LIGATIONS.—After the reorganization effective date,

11 the Association shall not issue debt obligations which

12 mature later than September 30, 2008, except in

13 connection with serving as a lender-of-last-resort

14 pursuant to section 439(q) or with purchasing loans

15 under an agreement with the Secretary as described

16 in paragraph (6). Nothing in this section shall mod17 ify the attributes accorded the debt obligations of

18 the Association by section 439, regardless of whether

19 such debt obligations are incurred prior to, or at any

20 time following, the reorganization effective date or

21 are transferred to a trust in accordance with sub22 section (d).

23 ‘‘(8) MONITORING OF SAFETY AND SOUND24 NESS.—
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1 ‘‘(A) OBLIGATION TO OBTAIN, MAINTAIN,

2 AND REPORT INFORMATION.—The Association

3 shall obtain such information and make and

4 keep such records as the Secretary of the

5 Treasury may from time to time prescribe con6 cerning—

7 ‘‘(i) the financial risk to the Associa8 tion resulting from the activities of any as9 sociated person, to the extent such activi10 ties are reasonably likely to have a mate11 rial impact on the financial condition of

12 the Association, including the Association’s

13 capital ratio, the Association’s liquidity, or

14 the Association’s ability to conduct and fi15 nance the Association’s operations; and

16 ‘‘(ii) the Association’s policies, proce17 dures, and systems for monitoring and

18 controlling any such financial risk.

19 ‘‘(B) SUMMARY REPORTS.—The Secretary

20 of the Treasury may require summary reports

21 of the information described in subparagraph

22 (A) to be filed no more frequently than quar23 terly. If, as a result of adverse market condi24 tions or based on reports provided pursuant to

25 this subparagraph or other available informa-
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1 tion, the Secretary of the Treasury has con2 cerns regarding the financial or operational con3 dition of the Association, the Secretary of the

4 Treasury may, notwithstanding the preceding

5 sentence and subparagraph (A), require the As6 sociation to make reports concerning the activi7 ties of any associated person whose business ac8 tivities are reasonably likely to have a material

9 impact on the financial or operational condition

10 of the Association.

11 ‘‘(C) SEPARATE OPERATION OF CORPORA12 TIONS.—

13 ‘‘(i) IN GENERAL.—The funds and as14 sets of the Association shall at all times be

15 maintained separately from the funds and

16 assets of the Holding Company or any sub17 sidiary of the Holding Company and may

18 be used by the Association solely to carry

19 out the Association’s purposes and to fulfill

20 the Association’s obligations.

21 ‘‘(ii) BOOKS AND RECORDS.—The As22 sociation shall maintain books and records

23 that clearly reflect the assets and liabilities

24 of the Association, separate from the as-
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1 sets and liabilities of the Holding Company

2 or any subsidiary of the Holding Company.

3 ‘‘(iii) CORPORATE OFFICE.—The As4 sociation shall maintain a corporate office

5 that is physically separate from any office

6 of the Holding Company or any subsidiary

7 of the Holding Company.

8 ‘‘(iv) DIRECTOR.—No director of the

9 Association who is appointed by the Presi10 dent pursuant to section 439(c)(1)(A) may

11 serve as a director of the Holding Com12 pany.

13 ‘‘(v) ONE OFFICER REQUIREMENT.—

14 At least one officer of the Association shall

15 be an officer solely of the Association.

16 ‘‘(vi) TRANSACTIONS.—Transactions

17 between the Association and the Holding

18 Company or any subsidiary of the Holding

19 Company, including any loan servicing ar20 rangements, shall be on terms no less fa21 vorable to the Association than the Asso22 ciation could obtain from an unrelated

23 third party offering comparable services.

24 ‘‘(vii) CREDIT PROHIBITION.—The

25 Association shall not extend credit to the
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1 Holding Company or any subsidiary of the

2 Holding Company nor guarantee or pro3 vide any credit enhancement to any debt

4 obligations of the Holding Company or any

5 subsidiary of the Holding Company.

6 ‘‘(viii) AMOUNTS COLLECTED.—Any

7 amounts collected on behalf of the Associa8 tion by the Holding Company or any sub9 sidiary of the Holding Company with re10 spect to the assets of the Association, pur11 suant to a servicing contract or other ar12 rangement between the Association and the

13 Holding Company or any subsidiary of the

14 Holding Company, shall be collected solely

15 for the benefit of the Association and shall

16 be immediately deposited by the Holding

17 Company or such subsidiary to an account

18 under the sole control of the Association.

19 ‘‘(D) ENCUMBRANCE OF ASSETS.—Not20 withstanding any Federal or State law, rule, or

21 regulation, or legal or equitable principle, doc22 trine, or theory to the contrary, under no cir23 cumstances shall the assets of the Association

24 be available or used to pay claims or debts of

25 or incurred by the Holding Company. Nothing
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1 in this subparagraph shall be construed to limit

2 the right of the Association to pay dividends

3 not otherwise prohibited under this subpara4 graph or to limit any liability of the Holding

5 Company explicitly provided for in this section.

6 ‘‘(E) HOLDING COMPANY ACTIVITIES.—

7 After the reorganization effective date and prior

8 to the dissolution date, all business activities of

9 the Holding Company shall be conducted

10 through subsidiaries of the Holding Company.

11 ‘‘(F) CONFIDENTIALITY.—Any information

12 provided by the Association pursuant to this

13 section shall be subject to the same confiden14 tiality obligations contained in section

15 439(r)(12).

16 ‘‘(G) DEFINITION.—For purposes of this

17 paragraph, the term ‘associated person’ means

18 any person, other than a natural person, who is

19 directly or indirectly controlling, controlled by,

20 or under common control with, the Association.

21 ‘‘(9) ISSUANCE OF STOCK WARRANTS.—

22 ‘‘(A) IN GENERAL.—On the reorganization

23 effective date, the Holding Company shall issue

24 to the District of Columbia Financial Respon25 sibility and Management Assistance Authority a
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1 number of stock warrants that is equal to one

2 percent of the outstanding shares of the Asso3 ciation, determined as of the last day of the fis4 cal quarter preceding the date of enactment of

5 this section, with each stock warrant entitling

6 the holder of the stock warrant to purchase

7 from the Holding Company one share of the

8 registered common stock of the Holding Com9 pany or the Holding Company’s successors or

10 assigns, at any time on or before September 30,

11 2008. The exercise price for such warrants shall

12 be an amount equal to the average closing price

13 of the common stock of the Association for the

14 20 business days prior to the date of enactment

15 of this section on the exchange or market which

16 is then the primary exchange or market for the

17 common stock of the Association. The number

18 of shares of Holding Company common stock

19 subject to each stock warrant and the exercise

20 price of each stock warrant shall be adjusted as

21 necessary to reflect—

22 ‘‘(i) the conversion of Association

23 common stock into Holding Company com24 mon stock as part of the plan of reorga-
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1 nization approved by the Association’s

2 shareholders; and

3 ‘‘(ii) any issuance or sale of stock (in4 cluding issuance or sale of treasury stock),

5 stock split, recapitalization, reorganization,

6 or other corporate event, if agreed to by

7 the Secretary of the Treasury and the As8 sociation.

9 ‘‘(B) AUTHORITY TO SELL OR EXERCISE

10 STOCK WARRANTS; DEPOSIT OF PROCEEDS.—

11 The District of Columbia Financial Responsibil12 ity and Management Assistance Authority is

13 authorized to sell or exercise the stock warrants

14 described in subparagraph (A). The District of

15 Columbia Financial Responsibility and Manage16 ment Assistance Authority shall deposit into the

17 account established under section 3(e) of the

18 Student Loan Marketing Association Reorga19 nization Act of 1996 amounts collected from

20 the sale and proceeds resulting from the exer21 cise of the stock warrants pursuant to this sub22 paragraph.

23 ‘‘(10) RESTRICTIONS ON TRANSFER OF ASSO24 CIATION SHARES AND BANKRUPTCY OF ASSOCIA25 TION.—After the reorganization effective date, the
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1 Holding Company shall not sell, pledge, or otherwise

2 transfer the outstanding shares of the Association,

3 or agree to or cause the liquidation of the Associa4 tion or cause the Association to file a petition for

5 bankruptcy under title 11, United States Code, with6 out prior approval of the Secretary of the Treasury

7 and the Secretary of Education.

8 ‘‘(d) TERMINATION OF THE ASSOCIATION.—In the

9 event the shareholders of the Association approve a plan

10 of reorganization under subsection (b), the Association

11 shall dissolve, and the Association’s separate existence

12 shall terminate on September 30, 2008, after discharge

13 of all outstanding debt obligations and liquidation pursu14 ant to this subsection. The Association may dissolve pur15 suant to this subsection prior to such date by notifying

16 the Secretary of Education and the Secretary of the

17 Treasury of the Association’s intention to dissolve, unless

18 within 60 days after receipt of such notice the Secretary

19 of Education notifies the Association that the Association

20 continues to be needed to serve as a lender of last resort

21 pursuant to section 439(q) or continues to be needed to

22 purchase loans under an agreement with the Secretary de23 scribed in subsection (c)(6). On the dissolution date, the

24 Association shall take the following actions:
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1 ‘‘(1) ESTABLISHMENT OF A TRUST.—The Asso2 ciation shall, under the terms of an irrevocable trust

3 agreement that is in form and substance satisfactory

4 to the Secretary of the Treasury, the Association

5 and the appointed trustee, irrevocably transfer all

6 remaining obligations of the Association to the trust

7 and irrevocably deposit or cause to be deposited into

8 such trust, to be held as trust funds solely for the

9 benefit of holders of the remaining obligations,

10 money or direct noncallable obligations of the United

11 States or any agency thereof for which payment the

12 full faith and credit of the United States is pledged,

13 maturing as to principal and interest in such

14 amounts and at such times as are determined by the

15 Secretary of the Treasury to be sufficient, without

16 consideration of any significant reinvestment of such

17 interest, to pay the principal of, and interest on, the

18 remaining obligations in accordance with their

19 terms. To the extent the Association cannot provide

20 money or qualifying obligations in the amount re21 quired, the Holding Company shall be required to

22 transfer money or qualifying obligations to the trust

23 in the amount necessary to prevent any deficiency.

24 ‘‘(2) USE OF TRUST ASSETS.—All money, obli25 gations, or financial assets deposited into the trust
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1 pursuant to this subsection shall be applied by the

2 trustee to the payment of the remaining obligations

3 assumed by the trust.

4 ‘‘(3) OBLIGATIONS NOT TRANSFERRED TO THE

5 TRUST.—The Association shall make proper provi6 sion for all other obligations of the Association not

7 transferred to the trust, including the repurchase or

8 redemption, or the making of proper provision for

9 the repurchase or redemption, of any preferred stock

10 of the Association outstanding. Any obligations of

11 the Association which cannot be fully satisfied shall

12 become liabilities of the Holding Company as of the

13 date of dissolution.

14 ‘‘(4) TRANSFER OF REMAINING ASSETS.—After

15 compliance with paragraphs (1) and (3), any re16 maining assets of the trust shall be transferred to

17 the Holding Company or any subsidiary of the Hold18 ing Company, as directed by the Holding Company.

19 ‘‘(e) OPERATION OF THE HOLDING COMPANY.—In

20 the event the shareholders of the Association approve the

21 plan of reorganization under subsection (b), the following

22 provisions shall apply beginning on the reorganization ef23 fective date:

24 ‘‘(1) HOLDING COMPANY BOARD OF DIREC25 TORS.—The number of members and composition of
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1 the Board of Directors of the Holding Company

2 shall be determined as set forth in the Holding Com3 pany’s charter or like instrument (as amended from

4 time to time) or bylaws (as amended from time to

5 time) and as permitted under the laws of the juris6 diction of the Holding Company’s incorporation.

7 ‘‘(2) HOLDING COMPANY NAME.—The names of

8 the Holding Company and any subsidiary of the

9 Holding Company (other than the Association)—

10 ‘‘(A) may not contain the name ‘Student

11 Loan Marketing Association’; and

12 ‘‘(B) may contain, to the extent permitted

13 by applicable State or District of Columbia law,

14 ‘Sallie Mae’ or variations thereof, or such other

15 names as the Board of Directors of the Associa16 tion or the Holding Company deems appro17 priate.

18 ‘‘(3) USE OF SALLIE MAE NAME.—Subject to

19 paragraph (2), the Association may assign to the

20 Holding Company, or any subsidiary of the Holding

21 Company, the ‘Sallie Mae’ name as a trademark or

22 service mark, except that neither the Holding Com23 pany nor any subsidiary of the Holding Company

24 (other than the Association or any subsidiary of the

25 Association) may use the ‘Sallie Mae’ name on, or
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1 to identify the issuer of, any debt obligation or other

2 security offered or sold by the Holding Company or

3 any subsidiary of the Holding Company (other than

4 a debt obligation or other security issued to and held

5 by the Holding Company or any subsidiary of the

6 Holding Company). The Association shall remit to

7 the account established under section 3(e) of the

8 Student Loan Marketing Association Reorganization

9 Act of 1996, $5,000,000, within 60 days of the reor10 ganization effective date as compensation for the

11 right to assign the ‘Sallie Mae’ name as a trademark

12 or service mark.

13 ‘‘(4) DISCLOSURE REQUIRED.—Until 3 years

14 after the dissolution date, the Holding Company,

15 and any subsidiary of the Holding Company (other

16 than the Association), shall prominently display—

17 ‘‘(A) in any document offering the Holding

18 Company’s securities, a statement that the obli19 gations of the Holding Company and any sub20 sidiary of the Holding Company are not guar21 anteed by the full faith and credit of the United

22 States; and

23 ‘‘(B) in any advertisement or promotional

24 materials which use the ‘Sallie Mae’ name or

25 mark, a statement that neither the Holding
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1 Company nor any subsidiary of the Holding

2 Company is a government-sponsored enterprise

3 or instrumentality of the United States.

4 ‘‘(f) STRICT CONSTRUCTION.—Except as specifically

5 set forth in this section, nothing in this section shall be

6 construed to limit the authority of the Association as a

7 federally chartered corporation, or of the Holding Com8 pany as a State or District of Columbia chartered corpora9 tion.

10 ‘‘(g) RIGHT TO ENFORCE.—The Secretary of Edu11 cation or the Secretary of the Treasury, as appropriate,

12 may request that the Attorney General bring an action

13 in the United States District Court for the District of Co14 lumbia for the enforcement of any provision of this sec15 tion, or may, under the direction or control of the Attorney

16 General, bring such an action. Such court shall have juris17 diction and power to order and require compliance with

18 this section.

19 ‘‘(h) DEADLINE FOR REORGANIZATION EFFECTIVE

20 DATE.—This section shall be of no further force and effect

21 in the event that the reorganization effective date does not

22 occur on or before 18 months after the date of enactment

23 of this section.

24 ‘‘(i) DEFINITIONS.—For purposes of this section:
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1 ‘‘(1) ASSOCIATION.—The term ‘Association’

2 means the Student Loan Marketing Association.

3 ‘‘(2) DISSOLUTION DATE.—The term ‘dissolu4 tion date’ means September 30, 2008, or such ear5 lier date as the Secretary of Education permits the

6 transfer of remaining obligations in accordance with

7 subsection (d).

8 ‘‘(3) HOLDING COMPANY.—The term ‘Holding

9 Company’ means the new business corporation es10 tablished pursuant to this section by the Association

11 under the laws of any State of the United States or

12 the District of Columbia for the purposes of the re13 organization and restructuring described in sub14 section (a).

15 ‘‘(4) REMAINING OBLIGATIONS.—The term ‘re16 maining obligations’ means the debt obligations of

17 the Association outstanding as of the dissolution

18 date.

19 ‘‘(5) REMAINING PROPERTY.—The term ‘re20 maining property’ means the following assets and li21 abilities of the Association which are outstanding as

22 of the reorganization effective date:

23 ‘‘(A) Debt obligations issued by the Asso24 ciation.
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1 ‘‘(B) Contracts relating to interest rate,

2 currency, or commodity positions or protections.

3 ‘‘(C) Investment securities owned by the

4 Association.

5 ‘‘(D) Any instruments, assets, or agree6 ments described in section 439(d) (including,

7 without limitation, all student loans and agree8 ments relating to the purchase and sale of stu9 dent loans, forward purchase and lending com10 mitments, warehousing advances, academic fa11 cilities obligations, letters of credit, standby

12 bond purchase agreements, liquidity agree13 ments, and student loan revenue bonds or other

14 loans).

15 ‘‘(E) Except as specifically prohibited by

16 this section or section 439, any other nonmate17 rial assets or liabilities of the Association which

18 the Association’s Board of Directors determines

19 to be necessary or appropriate to the Associa20 tion’s operations.

21 ‘‘(6) REORGANIZATION.—The term ‘reorganiza22 tion’ means the restructuring event or events (in23 cluding any merger event) giving effect to the Hold24 ing Company structure described in subsection (a).
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1 ‘‘(7) REORGANIZATION EFFECTIVE DATE.—The

2 term ‘reorganization effective date’ means the effec3 tive date of the reorganization as determined by the

4 Board of Directors of the Association, which shall

5 not be earlier than the date that shareholder ap6 proval is obtained pursuant to subsection (b) and

7 shall not be later than the date that is 18 months

8 after the date of enactment of this section.

9 ‘‘(8) SUBSIDIARY.—The term ‘subsidiary’

10 means one or more direct or indirect subsidiaries.’’.

11 (b) TECHNICAL AMENDMENTS.—

12 (1) ELIGIBLE LENDER.—

13 (A) AMENDMENTS TO THE HIGHER EDU14 CATION ACT.—

15 (i) DEFINITION OF ELIGIBLE LEND16 ER.—Section 435(d)(1)(F) of the Higher

17 Education Act of 1965 (20 U.S.C.

18 1085(d)(1)(F)) is amended by inserting

19 after ‘‘Student Loan Marketing Associa20 tion’’ the following: ‘‘or the Holding Com21 pany of the Student Loan Marketing Asso22 ciation, including any subsidiary of the

23 Holding Company, created pursuant to

24 section 440,’’.
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1 (ii) DEFINITION OF ELIGIBLE LEND2 ER AND FEDERAL CONSOLIDATION

3 LOANS.—Sections 435(d)(1)(G) and

4 428C(a)(1)(A) of such Act (20 U.S.C.

5 1085(d)(1)(G) and 1078–3(a)(1)(A)) are

6 each amended by inserting after ‘‘Student

7 Loan Marketing Association’’ the follow8 ing: ‘‘or the Holding Company of the Stu9 dent Loan Marketing Association, includ10 ing any subsidiary of the Holding Com11 pany, created pursuant to section 440’’.

12 (B) EFFECTIVE DATE.—The amendments

13 made by this paragraph shall take effect on the

14 reorganization effective date as defined in sec15 tion 440(h) of the Higher Education Act of

16 1965 (as added by subsection (a)).

17 (2) ENFORCEMENT OF SAFETY AND SOUND18 NESS REQUIREMENTS.—Section 439(r) of the High19 er Education Act of 1965 (20 U.S.C. 1087–2(r)) is

20 amended—

21 (A) in the first sentence of paragraph (12),

22 by inserting ‘‘or the Association’s associated

23 persons’’ after ‘‘by the Association’’;

24 (B) by redesignating paragraph (13) as

25 paragraph (15); and
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1 (C) by inserting after paragraph (12) the

2 following new paragraph:

3 ‘‘(13) ENFORCEMENT OF SAFETY AND SOUND4 NESS REQUIREMENTS.—The Secretary of Education

5 or the Secretary of the Treasury, as appropriate,

6 may request that the Attorney General bring an ac7 tion in the United States District Court for the Dis8 trict of Columbia for the enforcement of any provi9 sion of this section, or may, under the direction or

10 control of the Attorney General, bring such an ac11 tion. Such court shall have jurisdiction and power to

12 order and require compliance with this section.’’.

13 (3) FINANCIAL SAFETY AND SOUNDNESS.—Sec14 tion 439(r) of the Higher Education Act of 1965

15 (20 U.S.C. 1087–2(r)) is further amended—

16 (A) in paragraph (1)—

17 (i) by striking ‘‘and’’ at the end of

18 subparagraph (A);

19 (ii) by striking the period at the end

20 of subparagraph (B) and inserting ‘‘;

21 and’’; and

22 (iii) by adding at the end the follow23 ing new subparagraph:
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1 ‘‘(C)(i) financial statements of the Associa2 tion within 45 days of the end of each fiscal

3 quarter; and

4 ‘‘(ii) reports setting forth the calculation of

5 the capital ratio of the Association within 45

6 days of the end of each fiscal quarter.’’;

7 (B) in paragraph (2)—

8 (i) by striking clauses (i) and (ii) of

9 subparagraph (A) and inserting the follow10 ing:

11 ‘‘(i) appoint auditors or examiners to con12 duct audits of the Association from time to time

13 to determine the condition of the Association

14 for the purpose of assessing the Association’s fi15 nancial safety and soundness and to determine

16 whether the requirements of this section and

17 section 440 are being met; and

18 ‘‘(ii) obtain the services of such experts as

19 the Secretary of the Treasury determines nec20 essary and appropriate, as authorized by section

21 3109 of title 5, United States Code, to assist in

22 determining the condition of the Association for

23 the purpose of assessing the Association’s fi24 nancial safety and soundness, and to determine
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1 whether the requirements of this section and

2 section 440 are being met.’’; and

3 (ii) by adding at the end the following

4 new subparagraph:

5 ‘‘(D) ANNUAL ASSESSMENT.—

6 ‘‘(i) IN GENERAL.—For each fiscal year

7 beginning on or after October 1, 1996, the Sec8 retary of the Treasury may establish and collect

9 from the Association an assessment (or assess10 ments) in amounts sufficient to provide for rea11 sonable costs and expenses of carrying out the

12 duties of the Secretary of the Treasury under

13 this section and section 440 during such fiscal

14 year. In no event may the total amount so as15 sessed exceed, for any fiscal year, $800,000, ad16 justed for each fiscal year ending after Septem17 ber 30, 1997, by the ratio of the Consumer

18 Price Index for All Urban Consumers (issued

19 by the Bureau of Labor Statistics) for the final

20 month of the fiscal year preceding the fiscal

21 year for which the assessment is made to the

22 Consumer Price Index for All Urban Consum23 ers for September 1997.

24 ‘‘(ii) DEPOSIT.—Amounts collected from

25 assessments under this subparagraph shall be
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1 deposited in an account within the Treasury of

2 the United States as designated by the Sec3 retary of the Treasury for that purpose. The

4 Secretary of the Treasury is authorized and di5 rected to pay out of any funds available in such

6 account the reasonable costs and expenses of

7 carrying out the duties of the Secretary of the

8 Treasury under this section and section 440.

9 None of the funds deposited into such account

10 shall be available for any purpose other than

11 making payments for such costs and ex12 penses.’’; and

13 (C) by inserting after paragraph (13) (as

14 added by paragraph (2)(C)) the following new

15 paragraph:

16 ‘‘(14) ACTIONS BY SECRETARY.—

17 ‘‘(A) IN GENERAL.—For any fiscal quarter

18 ending after January 1, 2000, the Association

19 shall have a capital ratio of at least 2.25 per20 cent. The Secretary of the Treasury may, when21 ever such capital ratio is not met, take any one

22 or more of the actions described in paragraph

23 (7), except that—
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1 ‘‘(i) the capital ratio to be restored

2 pursuant to paragraph (7)(D) shall be

3 2.25 percent; and

4 ‘‘(ii) if the relevant capital ratio is in

5 excess of or equal to 2 percent for such

6 quarter, the Secretary of the Treasury

7 shall defer taking any of the actions set

8 forth in paragraph (7) until the next suc9 ceeding quarter and may then proceed with

10 any such action only if the capital ratio of

11 the Association remains below 2.25 per12 cent.

13 ‘‘(B) APPLICABILITY.—The provisions of

14 paragraphs (4), (5), (6), (8), (9), (10), and

15 (11) shall be of no further application to the

16 Association for any period after January 1,

17 2000.’’.

18 (4) INFORMATION REQUIRED; DIVIDENDS.—

19 Section 439(r) of the Higher Education Act of 1965

20 (20 U.S.C. 1087–2(r)) is further amended—

21 (A) by adding at the end of paragraph (2)

22 (as amended in paragraph (3)(B)(ii)) the fol23 lowing new subparagraph:

24 ‘‘(E) OBLIGATION TO OBTAIN, MAINTAIN, AND

25 REPORT INFORMATION.—
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1 ‘‘(i) IN GENERAL.—The Association shall

2 obtain such information and make and keep

3 such records as the Secretary of the Treasury

4 may from time to time prescribe concerning—

5 ‘‘(I) the financial risk to the Associa6 tion resulting from the activities of any as7 sociated person, to the extent such activi8 ties are reasonably likely to have a mate9 rial impact on the financial condition of

10 the Association, including the Association’s

11 capital ratio, the Association’s liquidity, or

12 the Association’s ability to conduct and fi13 nance the Association’s operations; and

14 ‘‘(II) the Association’s policies, proce15 dures, and systems for monitoring and

16 controlling any such financial risk.

17 ‘‘(ii) SUMMARY REPORTS.—The Secretary

18 of the Treasury may require summary reports

19 of such information to be filed no more fre20 quently than quarterly. If, as a result of ad21 verse market conditions or based on reports

22 provided pursuant to this subparagraph or

23 other available information, the Secretary of the

24 Treasury has concerns regarding the financial

25 or operational condition of the Association, the
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1 Secretary of the Treasury may, notwithstanding

2 the preceding sentence and clause (i), require

3 the Association to make reports concerning the

4 activities of any associated person, whose busi5 ness activities are reasonably likely to have a

6 material impact on the financial or operational

7 condition of the Association.

8 ‘‘(iii) DEFINITION.—For purposes of this

9 subparagraph, the term ‘associated person’

10 means any person, other than a natural person,

11 directly or indirectly controlling, controlled by,

12 or under common control with the Associa13 tion.’’; and

14 (B) by adding at the end the following new

15 paragraphs:

16 ‘‘(16) DIVIDENDS.—The Association may pay

17 dividends in the form of cash or noncash distribu18 tions so long as at the time of the declaration of

19 such dividends, after giving effect to the payment of

20 such dividends as of the date of such declaration by

21 the Board of Directors of the Association, the Asso22 ciation’s capital would be in compliance with the

23 capital standards set forth in this section.

24 ‘‘(17) CERTIFICATION PRIOR TO PAYMENT OF

25 DIVIDEND.—Prior to the payment of any dividend
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1 under paragraph (16), the Association shall certify

2 to the Secretary of the Treasury that the payment

3 of the dividend will be made in compliance with

4 paragraph (16) and shall provide copies of all cal5 culations needed to make such certification.’’.

6 (c) SUNSET OF THE ASSOCIATION’S CHARTER IF NO

7 REORGANIZATION PLAN OCCURS.—Section 439 of the

8 Higher Education Act of 1965 (20 U.S.C. 1087–2) is

9 amended by adding at the end the following new sub10 section:

11 ‘‘(s) CHARTER SUNSET.—

12 ‘‘(1) APPLICATION OF PROVISIONS.—This sub13 section applies beginning 18 months and one day

14 after the date of enactment of this subsection if no

15 reorganization of the Association occurs in accord16 ance with the provisions of section 440.

17 ‘‘(2) SUNSET PLAN.—

18 ‘‘(A) PLAN SUBMISSION BY THE ASSOCIA19 TION.—Not later than July 1, 2007, the Asso20 ciation shall submit to the Secretary of the

21 Treasury and to the Chairman and Ranking

22 Member of the Committee on Labor and

23 Human Resources of the Senate and the Chair24 man and Ranking Member of the Committee on

25 Economic and Educational Opportunities of the
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1 House of Representatives, a detailed plan for

2 the orderly winding up, by July 1, 2013, of

3 business activities conducted pursuant to the

4 charter set forth in this section. Such plan

5 shall—

6 ‘‘(i) ensure that the Association will

7 have adequate assets to transfer to a trust,

8 as provided in this subsection, to ensure

9 full payment of remaining obligations of

10 the Association in accordance with the

11 terms of such obligations;

12 ‘‘(ii) provide that all assets not used

13 to pay liabilities shall be distributed to

14 shareholders as provided in this subsection;

15 and

16 ‘‘(iii) provide that the operations of

17 the Association shall remain separate and

18 distinct from that of any entity to which

19 the assets of the Association are trans20 ferred.

21 ‘‘(B) AMENDMENT OF THE PLAN BY THE

22 ASSOCIATION.—The Association shall from time

23 to time amend such plan to reflect changed cir24 cumstances, and submit such amendments to

25 the Secretary of the Treasury and to the Chair-
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1 man and Ranking Minority Member of the

2 Committee on Labor and Human Resources of

3 the Senate and Chairman and Ranking Minor4 ity Member of the Committee on Economic and

5 Educational Opportunities of the House of Rep6 resentatives. In no case may any amendment

7 extend the date for full implementation of the

8 plan beyond the dissolution date provided in

9 paragraph (3).

10 ‘‘(C) PLAN MONITORING.—The Secretary

11 of the Treasury shall monitor the Association’s

12 compliance with the plan and shall continue to

13 review the plan (including any amendments

14 thereto).

15 ‘‘(D) AMENDMENT OF THE PLAN BY THE

16 SECRETARY OF THE TREASURY.—The Secretary

17 of the Treasury may require the Association to

18 amend the plan (including any amendments to

19 the plan), if the Secretary of the Treasury

20 deems such amendments necessary to ensure

21 full payment of all obligations of the Associa22 tion.

23 ‘‘(E) IMPLEMENTATION BY THE ASSOCIA24 TION.—The Association shall promptly imple25 ment the plan (including any amendments to
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1 the plan, whether such amendments are made

2 by the Association or are required to be made

3 by the Secretary of the Treasury).

4 ‘‘(3) DISSOLUTION OF THE ASSOCIATION.—The

5 Association shall dissolve and the Association’s sepa6 rate existence shall terminate on July 1, 2013, after

7 discharge of all outstanding debt obligations and liq8 uidation pursuant to this subsection. The Associa9 tion may dissolve pursuant to this subsection prior

10 to such date by notifying the Secretary of Education

11 and the Secretary of the Treasury of the Associa12 tion’s intention to dissolve, unless within 60 days of

13 receipt of such notice the Secretary of Education no14 tifies the Association that the Association continues

15 to be needed to serve as a lender of last resort pur16 suant to subsection (q) or continues to be needed to

17 purchase loans under an agreement with the Sec18 retary described in paragraph (4)(A). On the dis19 solution date, the Association shall take the follow20 ing actions:

21 ‘‘(A) ESTABLISHMENT OF A TRUST.—The

22 Association shall, under the terms of an irrev23 ocable trust agreement in form and substance

24 satisfactory to the Secretary of the Treasury,

25 the Association, and the appointed trustee, ir-
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1 revocably transfer all remaining obligations of

2 the Association to a trust and irrevocably de3 posit or cause to be deposited into such trust,

4 to be held as trust funds solely for the benefit

5 of holders of the remaining obligations, money

6 or direct noncallable obligations of the United

7 States or any agency thereof for which payment

8 the full faith and credit of the United States is

9 pledged, maturing as to principal and interest

10 in such amounts and at such times as are de11 termined by the Secretary of the Treasury to be

12 sufficient, without consideration of any signifi13 cant reinvestment of such interest, to pay the

14 principal of, and interest on, the remaining obli15 gations in accordance with their terms.

16 ‘‘(B) USE OF TRUST ASSETS.—All money,

17 obligations, or financial assets deposited into

18 the trust pursuant to this subsection shall be

19 applied by the trustee to the payment of the re20 maining obligations assumed by the trust. Upon

21 the fulfillment of the trustee’s duties under the

22 trust, any remaining assets of the trust shall be

23 transferred to the persons who, at the time of

24 the dissolution, were the shareholders of the As-
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1 sociation, or to the legal successors or assigns

2 of such persons.

3 ‘‘(C) OBLIGATIONS NOT TRANSFERRED TO

4 THE TRUST.—The Association shall make prop5 er provision for all other obligations of the As6 sociation, including the repurchase or redemp7 tion, or the making of proper provision for the

8 repurchase or redemption, of any preferred

9 stock of the Association outstanding.

10 ‘‘(D) TRANSFER OF REMAINING ASSETS.—

11 After compliance with subparagraphs (A) and

12 (C), the Association shall transfer to the share13 holders of the Association any remaining assets

14 of the Association.

15 ‘‘(4) RESTRICTIONS RELATING TO WINDING

16 UP.—

17 ‘‘(A) RESTRICTIONS ON NEW BUSINESS AC18 TIVITY OR ACQUISITION OF ASSETS BY THE AS19 SOCIATION.—

20 ‘‘(i) IN GENERAL.—Beginning on July

21 1, 2009, the Association shall not engage

22 in any new business activities or acquire

23 any additional program assets (including

24 acquiring assets pursuant to contractual

25 commitments) described in subsection (d)
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1 other than in connection with the Associa2 tion—

3 ‘‘(I) serving as a lender of last

4 resort pursuant to subsection (q); and

5 ‘‘(II) purchasing loans insured

6 under this part, if the Secretary, with

7 the approval of the Secretary of the

8 Treasury, enters into an agreement

9 with the Association for the continu10 ation or resumption of the Associa11 tion’s secondary market purchase pro12 gram because the Secretary deter13 mines there is inadequate liquidity for

14 loans made under this part.

15 ‘‘(ii) AGREEMENT.—The Secretary is

16 authorized to enter into an agreement de17 scribed in subclause (II) of clause (i) with

18 the Association covering such secondary

19 market activities. Any agreement entered

20 into under such subclause shall cover a pe21 riod of 12 months, but may be renewed if

22 the Secretary determines that liquidity re23 mains inadequate. The fee provided under

24 subsection (h)(7) shall not apply to loans
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1 acquired under any such agreement with

2 the Secretary.

3 ‘‘(B) ISSUANCE OF DEBT OBLIGATIONS

4 DURING THE WIND UP PERIOD; ATTRIBUTES OF

5 DEBT OBLIGATIONS.—The Association shall not

6 issue debt obligations which mature later than

7 July 1, 2013, except in connection with serving

8 as a lender of last resort pursuant to subsection

9 (q) or with purchasing loans under an agree10 ment with the Secretary as described in sub11 paragraph (A). Nothing in this subsection shall

12 modify the attributes accorded the debt obliga13 tions of the Association by this section, regard14 less of whether such debt obligations are trans15 ferred to a trust in accordance with paragraph

16 (3).

17 ‘‘(C) USE OF ASSOCIATION NAME.—The

18 Association may not transfer or permit the use

19 of the name ‘Student Loan Marketing Associa20 tion’, ‘Sallie Mae’, or any variation thereof, to

21 or by any entity other than a subsidiary of the

22 Association.’’.

23 (d) REPEALS.—

24 (1) IN GENERAL.—Sections 439 of the Higher

25 Education Act of 1965 (20 U.S.C. 1087–2) and 440
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1 of such Act (as added by subsection (a) of this sec2 tion) are repealed.

3 (2) EFFECTIVE DATE.—The repeals made by

4 paragraph (1) shall be effective one year after—

5 (A) the date on which all of the obligations

6 of the trust established under section 440(d)(1)

7 of the Higher Education Act of 1965 (as added

8 by subsection (a)) have been extinguished, if a

9 reorganization occurs in accordance with section

10 440 of such Act; or

11 (B) the date on which all of the obligations

12 of the trust established under subsection

13 439(s)(3)(A) of such Act (as added by sub14 section (c)) have been extinguished, if a reorga15 nization does not occur in accordance with sec16 tion 440 of such Act.

17 (e) ASSOCIATION NAMES.—Upon dissolution in ac18 cordance with section 439(s) of the Higher Education Act

19 of 1965 (20 U.S.C. 1087–2), the names ‘‘Student Loan

20 Marketing Association’’, ‘‘Sallie Mae’’, and any variations

21 thereof may not be used by any entity engaged in any

22 business similar to the business conducted pursuant to

23 section 439 of such Act (as such section was in effect on

24 the date of enactment of this Act) without the approval

25 of the Secretary of the Treasury.
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1 (f) RIGHT TO ENFORCE.—The Secretary of Edu2 cation or the Secretary of the Treasury, as appropriate,

3 may request that the Attorney General bring an action

4 in the United States District Court for the District of Co5 lumbia for the enforcement of any provision of subsection

6 (e), or may, under the direction or control of the Attorney

7 General, bring such an action. Such court shall have juris8 diction and power to order and require compliance with

9 subsection (e).

10 SEC. 603. CONNIE LEE PRIVATIZATION.

11 (a) STATUS OF THE CORPORATION AND CORPORATE

12 POWERS; OBLIGATIONS NOT FEDERALLY GUARAN13 TEED.—

14 (1) STATUS OF THE CORPORATION.—The Cor15 poration shall not be an agency, instrumentality, or

16 establishment of the United States Government, nor

17 a Government corporation, nor a Government con18 trolled corporation, as such terms are defined in sec19 tion 103 of title 5, United States Code. No action

20 under section 1491 of title 28, United States Code

21 (commonly known as the Tucker Act) shall be allow22 able against the United States based on the actions

23 of the Corporation.

24 (2) CORPORATE POWERS.—The Corporation

25 shall be subject to the provisions of this section, and,
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1 to the extent not inconsistent with this section, to

2 the District of Columbia Business Corporation Act

3 (or the comparable law of another State, if applica4 ble). The Corporation shall have the powers con5 ferred upon a corporation by the District of Colum6 bia Business Corporation Act (or such other applica7 ble State law) as from time to time in effect in order

8 to conduct the Corporation’s affairs as a private,

9 for-profit corporation and to carry out the Corpora10 tion’s purposes and activities incidental thereto. The

11 Corporation shall have the power to enter into con12 tracts, to execute instruments, to incur liabilities, to

13 provide products and services, and to do all things

14 as are necessary or incidental to the proper manage15 ment of the Corporation’s affairs and the efficient

16 operation of a private, for-profit business.

17 (3) LIMITATION ON OWNERSHIP OF STOCK.—

18 (A) STUDENT LOAN MARKETING ASSOCIA19 TION.—The Student Loan Marketing Associa20 tion shall not increase its share of the owner21 ship of the Corporation in excess of 42 percent

22 of the shares of stock of the Corporation out23 standing on the date of enactment of this Act.

24 The Student Loan Marketing Association shall

25 not control the operation of the Corporation,
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1 except that the Student Loan Marketing Asso2 ciation may participate in the election of direc3 tors as a shareholder, and may continue to ex4 ercise the Student Loan Marketing Associa5 tion’s right to appoint directors under section

6 754 of the Higher Education Act of 1965 (20

7 U.S.C. 1132f–3) as long as that section is in ef8 fect.

9 (B) PROHIBITION.—Until such time as the

10 Secretary of the Treasury sells the stock of the

11 Corporation owned by the Secretary of Edu12 cation pursuant to subsection (c), the Student

13 Loan Marketing Association shall not provide

14 financial support or guarantees to the Corpora15 tion.

16 (C) FINANCIAL SUPPORT OR GUARAN17 TEES.—After the Secretary of the Treasury

18 sells the stock of the Corporation owned by the

19 Secretary of Education pursuant to subsection

20 (c), the Student Loan Marketing Association

21 may provide financial support or guarantees to

22 the Corporation, if such support or guarantees

23 are subject to terms and conditions that are no

24 more advantageous to the Corporation than the

25 terms and conditions the Student Loan Market-
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1 ing Association provides to other entities, in2 cluding, where applicable, other monoline finan3 cial guaranty corporations in which the Student

4 Loan Marketing Association has no ownership

5 interest.

6 (4) NO FEDERAL GUARANTEE.—

7 (A) OBLIGATIONS INSURED BY THE COR8 PORATION.—

9 (i) FULL FAITH AND CREDIT OF THE

10 UNITED STATES.—No obligation that is in11 sured, guaranteed, or otherwise backed by

12 the Corporation shall be deemed to be an

13 obligation that is guaranteed by the full

14 faith and credit of the United States.

15 (ii) STUDENT LOAN MARKETING ASSO16 CIATION.—No obligation that is insured,

17 guaranteed, or otherwise backed by the

18 Corporation shall be deemed to be an obli19 gation that is guaranteed by the Student

20 Loan Marketing Association.

21 (iii) SPECIAL RULE.—This paragraph

22 shall not affect the determination of

23 whether such obligation is guaranteed for

24 purposes of Federal income taxes.
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1 (B) SECURITIES OFFERED BY THE COR2 PORATION.—No debt or equity securities of the

3 Corporation shall be deemed to be guaranteed

4 by the full faith and credit of the United

5 States.

6 (5) DEFINITION.—The term ‘‘Corporation’’ as

7 used in this section means the College Construction

8 Loan Insurance Association as in existence on the

9 day before the date of enactment of this Act, and

10 any successor corporation.

11 (b) RELATED PRIVATIZATION REQUIREMENTS.—

12 (1) NOTICE REQUIREMENTS.—

13 (A) IN GENERAL.—During the six-year pe14 riod following the date of enactment of this Act,

15 the Corporation shall include, in each of the

16 Corporation’s contracts for the insurance, guar17 antee, or reinsurance of obligations, and in each

18 document offering debt or equity securities of

19 the Corporation, a prominent statement provid20 ing notice that—

21 (i) such obligations or such securities,

22 as the case may be, are not obligations of

23 the United States, nor are such obligations

24 or such securities, as the case may be,
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1 guaranteed in any way by the full faith

2 and credit of the United States; and

3 (ii) the Corporation is not an instru4 mentality of the United States.

5 (B) ADDITIONAL NOTICE.—During the

6 five-year period following the sale of stock pur7 suant to subsection (c)(1), in addition to the

8 notice requirements in subparagraph (A), the

9 Corporation shall include, in each of the con10 tracts and documents referred to in such sub11 paragraph, a prominent statement providing no12 tice that the United States is not an investor in

13 the Corporation.

14 (2) CORPORATE CHARTER.—The Corporation’s

15 charter shall be amended as necessary and without

16 delay to conform to the requirements of this section.

17 (3) CORPORATE NAME.—The name of the Cor18 poration, or of any direct or indirect subsidiary

19 thereof, may not contain the term ‘‘College Con20 struction Loan Insurance Association’’, or any sub21 stantially similar variation thereof.

22 (4) ARTICLES OF INCORPORATION.—The Cor23 poration shall amend the Corporation’s articles of

24 incorporation without delay to reflect that one of the

25 purposes of the Corporation shall be to guarantee,
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1 insure, and reinsure bonds, leases, and other evi2 dences of debt of educational institutions, including

3 Historically Black Colleges and Universities and

4 other academic institutions which are ranked in the

5 lower investment grade category using a nationally

6 recognized credit rating system.

7 (5) REQUIREMENTS UNTIL STOCK SALE.—Not8 withstanding subsection (d), the requirements of sec9 tions 754 and 760 of the Higher Education Act of

10 1965 (20 U.S.C. 1132f–3 and 1132f–9), as such

11 sections were in effect on the day before the date of

12 enactment of this Act, shall continue to be effective

13 until the day immediately following the date of clos14 ing of the purchase of the Secretary of Education’s

15 stock (or the date of closing of the final purchase,

16 in the case of multiple transactions) pursuant to

17 subsection (c)(1) of this Act.

18 (c) SALE OF FEDERALLY OWNED STOCK.—

19 (1) PURCHASE BY THE CORPORATION.—The

20 Secretary of the Treasury shall sell and the Corpora21 tion shall purchase, within 90 days after the date of

22 enactment of this Act, the stock of the Corporation

23 held by the Secretary of Education at a price deter24 mined by the binding, independent appraisal of a na25 tionally recognized financial firm, except that the
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1 90-day period may be extended by mutual agreement

2 of the Secretary of the Treasury and the Corpora3 tion to not more than 150 days after the date of en4 actment of this Act. The appraiser shall be jointly

5 selected by the Secretary of the Treasury and the

6 Corporation. In the event that the Secretary of the

7 Treasury and the Corporation cannot agree on the

8 appraiser, then the Secretary of the Treasury and

9 the Corporation shall name an independent third

10 party to select the appraiser.

11 (2) REIMBURSEMENT OF COSTS AND EXPENSES

12 OF SALE.—The Secretary of the Treasury shall be

13 reimbursed from the proceeds of the sale of the

14 stock under this subsection for all reasonable costs

15 and expenses related to such sale, except that one16 half of all reasonable costs and expenses relating to

17 the independent appraisal under paragraph (1) shall

18 be borne by the Corporation.

19 (3) DEPOSIT INTO ACCOUNT.—Amounts col20 lected from the sale of stock pursuant to this sub21 section that are not used to reimburse the Secretary

22 of the Treasury pursuant to paragraph (2) shall be

23 deposited into the account established under sub24 section (e).
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1 (4) ASSISTANCE BY THE CORPORATION.—The

2 Corporation shall provide such assistance as the Sec3 retary of the Treasury and the Secretary of Edu4 cation may require to facilitate the sale of the stock

5 under this subsection.

6 (5) REPORT TO CONGRESS.—Not later than 6

7 months after the date of enactment of this Act, the

8 Secretary of the Treasury shall report to the appro9 priate committees of Congress on the completion and

10 terms of the sale of stock of the Corporation pursu11 ant to this subsection.

12 (d) REPEAL OF STATUTORY RESTRICTIONS AND

13 RELATED PROVISIONS.—Part D of title VII of the High14 er Education Act of 1965 (20 U.S.C. 1132f et seq.) is

15 repealed.

16 (e) ESTABLISHMENT OF ACCOUNT.—

17 (1) IN GENERAL.—Notwithstanding any other

18 provision of law, the District of Columbia Financial

19 Responsibility and Management Assistance Author20 ity shall establish an account to receive—

21 (A) amounts collected from the sale and

22 proceeds resulting from the exercise of stock

23 warrants pursuant to section 440(c)(9) of the

24 Higher Education Act of 1965;
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1 (B) amounts and proceeds remitted as

2 compensation for the right to assign the ‘‘Sallie

3 Mae’’ name as a trademark or service mark

4 pursuant to section 440(e)(3) of the Higher

5 Education Act of 1965; and

6 (C) amounts and proceeds collected from

7 the sale of the stock of the Corporation and de8 posited pursuant to subsection (c)(3).

9 (2) AMOUNTS AND PROCEEDS.—

10 (A) AMOUNTS AND PROCEEDS RELATING

11 TO SALLIE MAE.—The amounts and proceeds

12 described in subparagraphs (A) and (B) of

13 paragraph (1) shall be used to finance public el14 ementary and secondary school facility con15 struction and repair within the District of Co16 lumbia or to carry out the District of Columbia

17 School Reform Act of 1995.

18 (B) AMOUNTS AND PROCEEDS RELATING

19 TO CONNIE LEE.—The amounts and proceeds

20 described in subparagraph (C) of paragraph (1)

21 shall be used to finance public elementary and

22 secondary school facility construction and repair

23 within the District of Columbia.
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1 SEC. 604. DISCRIMINATION IN SECONDARY MARKETS PRO2 HIBITED.

3 Part B of title IV of the Higher Education Act of

4 1965 (20 U.S.C. 1071 et seq.) is amended by adding

5 after section 440 (as added by section 602) the following

6 new section:

7 ‘‘SEC. 440A. DISCRIMINATION IN SECONDARY MARKETS

8 PROHIBITED.

9 ‘‘The Student Loan Marketing Association (and,

10 if the Association is privatized under section 440, any

11 successor entity functioning as a secondary market for

12 loans under this part, including the Holding Company

13 described in such section) shall not engage directly or in14 directly in any pattern or practice that results in a denial

15 of a borrower’s access to loans under this part because

16 of the borrower’s race, sex, color, religion, national origin,

17 age, disability status, income, attendance at a particular

18 eligible institution, length of the borrower’s educational

19 program, or the borrower’s academic year at an eligible

20 institution.’’.

21 TITLE VII—MUSEUM AND LIBRARY SERVICES

22 ACT OF 1996

23 SECTION 701. SHORT TITLE.

24 This title may be cited as the ‘‘Museum and Li25 brary Services Act of 1996’’.
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1 SEC. 702. MUSEUM AND LIBRARY SERVICES.

2 The Museum Services Act (20 U.S.C. 961 et seq.)

3 is amended to read as follows:

4 ‘‘TITLE II—MUSEUM AND LIBRARY SERVICES

5 ‘‘Subtitle A—General Provisions

6 ‘‘SEC. 201. SHORT TITLE.

7 ‘‘This title may be cited as the ‘Museum and Li8 brary Services Act’.

9 ‘‘SEC. 202. GENERAL DEFINITIONS.

10 ‘‘As used in this title:

11 ‘‘(1) COMMISSION.—The term ‘Commission’

12 means the National Commission on Libraries and

13 Information Science established under section 3 of

14 the National Commission on Libraries and Informa15 tion Sciences Act (20 U.S.C. 1502).

16 ‘‘(2) DIRECTOR.—The term ‘Director’ means

17 the Director of the Institute appointed under section

18 204.

19 ‘‘(3) INSTITUTE.—The term ‘Institute’ means

20 the Institute of Museum and Library Services estab21 lished under section 203.

22 ‘‘(4) MUSEUM BOARD.—The term ‘Museum

23 Board’ means the National Museum Services Board

24 established under section 275.
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1 ‘‘SEC. 203. INSTITUTE OF MUSEUM AND LIBRARY SERVICES.

2 ‘‘(a) ESTABLISHMENT.—There is established,

3 within the National Foundation on the Arts and the Hu4 manities, an Institute of Museum and Library Services.

5 ‘‘(b) OFFICES.—The Institute shall consist of an

6 Office of Museum Services and an Office of Library Serv7 ices. There shall be a National Museum Services Board

8 in the Office of Museum Services.

9 ‘‘SEC. 204. DIRECTOR OF THE INSTITUTE.

10 ‘‘(a) APPOINTMENT.—

11 ‘‘(1) IN GENERAL.—The Institute shall be

12 headed by a Director, appointed by the President, by

13 and with the advice and consent of the Senate.

14 ‘‘(2) TERM.—The Director shall serve for a

15 term of 4 years.

16 ‘‘(3) QUALIFICATIONS.—Beginning with the

17 first individual appointed to the position of Director

18 after the date of enactment of the Museum and Li19 brary Services Act of 1996, every second individual

20 so appointed shall be appointed from among individ21 uals who have special competence with regard to li22 brary and information services. Beginning with the

23 second individual appointed to the position of Direc24 tor after the date of enactment of the Museum and

25 Library Services Act of 1996, every second individ26 ual so appointed shall be appointed from among in-
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1 dividuals who have special competence with regard

2 to museum services.

3 ‘‘(b) COMPENSATION.—The Director may be com4 pensated at the rate provided for level III of the Execu5 tive Schedule under section 5314 of title 5, United States

6 Code.

7 ‘‘(c) DUTIES AND POWERS.—The Director shall

8 perform such duties and exercise such powers as may be

9 prescribed by law, including awarding financial assistance

10 for activities described in this title.

11 ‘‘(d) NONDELEGATION.—The Director shall not

12 delegate any of the functions of the Director to any per13 son who is not an officer or employee of the Institute.

14 ‘‘(e) COORDINATION.—The Director shall en15 sure coordination of the policies and activities of

16 the Institute with the policies and activities of other

17 agencies and offices of the Federal Government hav18 ing interest in and responsibilities for the improvement of

19 museums and libraries and information services.

20 ‘‘SEC. 205. DEPUTY DIRECTORS.

21 ‘‘The Office of Library Services shall be headed

22 by a Deputy Director, who shall be appointed by the Di23 rector from among individuals who have a graduate de24 gree in library science and expertise in library and infor25 mation services. The Office of Museum Services shall be
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1 headed by a Deputy Director, who shall be appointed by

2 the Director from among individuals who have expertise

3 in museum services.

4 ‘‘SEC. 206. PERSONNEL.

5 ‘‘(a) IN GENERAL.—The Director may, in accord6 ance with applicable provisions of title 5, United States

7 Code, appoint and determine the compensation of such

8 employees as the Director determines to be necessary to

9 carry out the duties of the Institute.

10 ‘‘(b) VOLUNTARY SERVICES.—The Director may

11 accept and utilize the voluntary services of individuals

12 and reimburse the individuals for travel expenses, includ13 ing per diem in lieu of subsistence, in the same amounts

14 and to the same extent as authorized under section 5703

15 of title 5, United States Code, for persons employed

16 intermittently in Federal Government service.

17 ‘‘SEC. 207. CONTRIBUTIONS.

18 ‘‘The Institute is authorized to solicit, accept, re19 ceive, and invest in the name of the United States, gifts,

20 bequests, or devises of money and other property or serv21 ices and to use such property of services in furtherance

22 of the functions of the Institute. Any proceeds from such

23 gifts, bequests, or devises, after acceptance by the Insti24 tute, shall be paid by the donor or the representative of

25 the donor to the Director. The Director shall enter the
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1 proceeds in a special-interest bearing account to the cred2 it of the Institute for the purposes specified in each case.

3 ‘‘Subtitle B—Library Services and Technology

4 ‘‘SEC. 211. SHORT TITLE.

5 ‘‘This subtitle may be cited as the ‘Library Serv6 ices and Technology Act’.

7 ‘‘SEC. 212. PURPOSE.

8 ‘‘It is the purpose of this subtitle—

9 ‘‘(1) to consolidate Federal library service pro10 grams;

11 ‘‘(2) to stimulate excellence and promote access

12 to learning and information resources in all types of

13 libraries for individuals of all ages;

14 ‘‘(3) to promote library services that provide all

15 users access to information through State, regional,

16 national and international electronic networks;

17 ‘‘(4) to provide linkages among and be18 tween libraries; and

19 ‘‘(5) to promote targeted library services to peo20 ple of diverse geographic, cultural, and socio21 economic backgrounds, to individuals with disabil22 ities, and to people with limited functional literacy

23 or information skills.

24 SEC. 213. DEFINITIONS.

25 ‘‘As used in this subtitle:
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1 ‘‘(1) INDIAN TRIBE.—The term ‘Indian tribe’

2 means any tribe, band, nation, or other organized

3 group or community, including any Alaska native

4 village, regional corporation, or village corporation,

5 as defined in or established pursuant to the Alaska

6 Native Claims Settlement Act (43 U.S.C. 1601 et

7 seq.), which is recognized by the Secretary of the In8 terior as eligible for the special programs and serv9 ices provided by the United States to Indians be10 cause of their status as Indians.

11 ‘‘(2) LIBRARY.—The term ‘library’ includes—

12 ‘‘(A) a public library;

13 ‘‘(B) a public elementary school or second14 ary school library;

15 ‘‘(C) an academic library;

16 ‘‘(D) a research library, which for the pur17 poses of this subtitle means a library that—

18 ‘‘(i) makes publicly available library

19 services and materials suitable for schol20 arly research and not otherwise available

21 to the public; and

22 ‘‘(ii) is not an integral part of an in23 stitution of higher education; and

24 ‘‘(E) a private library, but only if the State

25 in which such private library is located deter-
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1 mines that the library should be considered a li2 brary for purposes of this subtitle.

3 ‘‘(3) LIBRARY CONSORTIUM.—The term ‘library

4 consortium’ means any local, statewide, regional,

5 interstate, or international cooperative association of

6 library entities which provides for the systematic and

7 effective coordination of the resources of school, pub8 lic, academic, and special libraries and information

9 centers, for improved services for the clientele of

10 such library entities.

11 ‘‘(4) STATE.—The term ‘State’, unless other12 wise specified, includes each of the 50 States of the

13 United States, the District of Columbia, the Com14 monwealth of Puerto Rico, the United States Virgin

15 Islands, Guam, American Samoa, the Common16 wealth of the Northern Mariana Islands, the Repub17 lic of the Marshall Islands, the Federated States of

18 Micronesia, and the Republic of Palau.

19 ‘‘(5) STATE LIBRARY ADMINISTRATIVE AGEN20 CY.—The term ‘State library administrative agency’

21 means the official agency of a State charged by the

22 law of the State with the extension and development

23 of public library services throughout the State.

24 ‘‘(6) STATE PLAN.—The term ‘State plan’

25 means the document which gives assurances that the
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1 officially designated State library administrative

2 agency has the fiscal and legal authority and capa3 bility to administer all aspects of this subtitle, pro4 vides assurances for establishing the State’s policies,

5 priorities, criteria, and procedures necessary to the

6 implementation of all programs under this subtitle,

7 submits copies for approval as required by regula8 tions promulgated by the Director, identifies a

9 State’s library needs, and sets forth the activities to

10 be taken toward meeting the identified needs sup11 ported with the assistance of Federal funds made

12 available under this subtitle.

13 ‘‘SEC. 214. AUTHORIZATION OF APPROPRIATIONS.

14 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—

15 ‘‘(1) IN GENERAL.—There are authorized to be

16 appropriated $150,000,000 for fiscal year 1997 and

17 such sums as may be necessary for each of the fiscal

18 years 1998 through 2002 to carry out this subtitle.

19 ‘‘(2) TRANSFER.—The Secretary of Education

20 shall—

21 ‘‘(A) transfer promptly to the Director any

22 funds appropriated under the authority of para23 graph (1), to enable the Director to carry out

24 this subtitle; and
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1 ‘‘(B) not exercise any authority concerning

2 the administration of this title other than the

3 transfer described in subparagraph (A).

4 ‘‘(b) FORWARD FUNDING.—

5 ‘‘(1) IN GENERAL.—To the end of affording the

6 responsible Federal, State, and local officers ade7 quate notice of available Federal financial assistance

8 for carrying out ongoing library activities and

9 projects, appropriations for grants contracts, or

10 other payments under any program under this sub11 title are authorized to be included in the appropria12 tions Act for the fiscal year preceding the fiscal year

13 during which such activities and projects shall be

14 carried out.

15 ‘‘(2) ADDITIONAL AUTHORIZATION OF APPRO16 PRIATIONS.—In order to effect a transition to the

17 timing of appropriation action authorized by sub18 section (a), the application of this section may result

19 in the enactment, in a fiscal year, of separate appro20 priations for a program under this subtitle (whether

21 in the same appropriations Act or otherwise) for two

22 consecutive fiscal years.

23 ‘‘(c) ADMINISTRATION.—Not more than 3 percent

24 of the funds appropriated under this section for a fiscal
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1 year may be used to pay for the Federal administrative

2 costs of carrying out this subtitle.

3 ‘‘CHAPTER 1—BASIC PROGRAM

4 REQUIREMENTS

5 ‘‘SEC. 221. RESERVATIONS AND ALLOTMENTS.

6 ‘‘(a) RESERVATIONS.—

7 ‘‘(1) IN GENERAL.—From the amount appro8 priated under the authority of section 214 for any

9 fiscal year, the Director—

‘‘(A) shall reserve 11 10 ⁄2 percent to award

11 grants in accordance with section 261; and

12 ‘‘(B) shall reserve 4 percent to award na13 tional leadership grants or contracts in accord14 ance with section 262.

15 ‘‘(2) SPECIAL RULE.—If the funds reserved

16 pursuant to paragraph (1)(B) for a fiscal year have

17 not been obligated by the end of such fiscal year,

18 then such funds shall be allotted in accordance with

19 subsection (b) for the fiscal year succeeding the fis20 cal year for which the funds were so reserved.

21 ‘‘(b) ALLOTMENTS.—

22 ‘‘(1) IN GENERAL.—From the sums appro23 priated under the authority of section 214 and not

24 reserved under subsection (a) for any fiscal year, the

25 Director shall award grants from minimum allot-
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1 ments, as determined under paragraph (3), to each

2 State. Any sums remaining after minimum allot3 ments are made for such year shall be allotted in the

4 manner set forth in paragraph (2).

5 ‘‘(2) REMAINDER.—From the remainder of any

6 sums appropriated under the authority of section

7 214 that are not reserved under subsection (a) and

8 not allotted under paragraph (1) for any fiscal year,

9 the Director shall award grants to each State in an

10 amount that bears the same relation to such remain11 der as the population of the State bears to the popu12 lation of all States.

13 ‘‘(3) MINIMUM ALLOTMENT.—

14 ‘‘(A) IN GENERAL.—For the purposes of

15 this subsection, the minimum allotment for each

16 State shall be $340,000, except that the mini17 mum allotment shall be $40,000 in the case of

18 the United States Virgin Islands, Guam, Amer19 ican Samoa, the Commonwealth of the North20 ern Mariana Islands, the Republic of the Mar21 shall Islands, the Federated States of Microne22 sia, and the Republic of Palau.

23 ‘‘(B) RATABLE REDUCTIONS.—If the sum

24 appropriated under the authority of section 214

25 and not reserved under subsection (a) for any
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1 fiscal year is insufficient to fully satisfy the ag2 gregate of the minimum allotments for all

3 States for that purpose for such year, each of

4 such minimum allotments shall be reduced rat5 ably.

6 ‘‘(C) SPECIAL RULE.—

7 ‘‘(i) IN GENERAL.—Notwithstanding

8 any other provision of this subsection and

9 using funds allotted for the Republic of the

10 Marshall Islands, the Republic of the Mar11 shall Islands, the Federated States of Mi12 cronesia, and the Republic of Palau under

13 this subsection, the Director shall award

14 grants to Guam, American Samoa, the

15 Commonwealth of the Northern Mariana

16 Islands, the Republic of the Marshall Is17 lands, the Federated States of Micronesia,

18 or the Republic of Palau to carry out ac19 tivities described in this subtitle in accord20 ance with the provisions of this subtitle

21 that the Director determines are not incon22 sistent with this subparagraph.

23 ‘‘(ii) AWARD BASIS.—The Director

24 shall award grants pursuant to clause (i)

25 on a competitive basis and pursuant to rec-
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1 ommendations from the Pacific Region

2 Educational Laboratory in Honolulu, Ha3 waii.

4 ‘‘(iii) TERMINATION OF ELIGI5 BILITY.—Notwithstanding any other provi6 sion of law, the Republic of the Marshall

7 Islands, the Federated States of Microne8 sia, and the Republic of Palau shall not re9 ceive any funds under this subtitle for any

10 fiscal year that begins after September 30,

11 2001.

12 ‘‘(iv) ADMINISTRATIVE COSTS.—The

13 Director may provide not more than 5 per14 cent of the funds made available for grants

15 under this subparagraph to pay the admin16 istrative costs of the Pacific Region Edu17 cational Laboratory regarding activities as18 sisted under this subparagraph.

19 ‘‘(4) DATA.—The population of each State and

20 of all the States shall be determined by the Director

21 on the basis of the most recent data available from

22 the Bureau of the Census.

23 ‘‘SEC. 222. ADMINISTRATION.

24 ‘‘(a) IN GENERAL.—Not more than 4 percent of

25 the total amount of funds received under this subtitle for
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1 any fiscal year by a State may be used for administrative

2 costs.

3 ‘‘(b) CONSTRUCTION.—Nothing in this section

4 shall be construed to limit spending for evaluation costs

5 under section 224(c) from sources other than this sub6 title.

7 ‘‘SEC. 223. PAYMENTS; FEDERAL SHARE; AND MAINTE8 NANCE OF EFFORT REQUIREMENTS.

9 ‘‘(a) PAYMENTS.—Subject to appropriations pro10 vided pursuant to section 214, the Director shall pay to

11 each State library administrative agency having a State

12 plan approved under section 224 the Federal share of the

13 cost of the activities described in the State plan.

14 ‘‘(b) FEDERAL SHARE.—

15 ‘‘(1) IN GENERAL.—The Federal share shall be

16 66 percent.

17 ‘‘(2) NON-FEDERAL SHARE.—The non-Federal

18 share of payments shall be provided from non-Fed19 eral, State, or local sources.

20 ‘‘(c) MAINTENANCE OF EFFORT.—

21 ‘‘(1) STATE EXPENDITURES.—

22 ‘‘(A) REQUIREMENT.—

23 ‘‘(i) IN GENERAL.—The amount oth24 erwise payable to a State for a fiscal year

25 pursuant to an allotment under this chap-
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1 ter shall be reduced if the level of State ex2 penditures, as described in paragraph (2),

3 for the previous fiscal year is less than the

4 average of the total of such expenditures

5 for the 3 fiscal years preceding that pre6 vious fiscal year. The amount of the reduc7 tion in allotment for any fiscal year shall

8 be equal to the amount by which the level

9 of such State expenditures for the fiscal

10 year for which the determination is made

11 is less than the average of the total of such

12 expenditures for the 3 fiscal years preced13 ing the fiscal year for which the determina14 tion is made.

15 ‘‘(ii) CALCULATION.—Any decrease in

16 State expenditures resulting from the ap17 plication of subparagraph (B) shall be ex18 cluded from the calculation of the average

19 level of State expenditures for any 3-year

20 period described in clause (i).

21 ‘‘(B) DECREASE IN FEDERAL SUPPORT.—

22 If the amount made available under this sub23 title for a fiscal year is less than the amount

24 made available under this subtitle for the pre25 ceding fiscal year, then the expenditures re-
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1 quired by subparagraph (A) for such preceding

2 fiscal year shall be decreased by the same per3 centage as the percentage decrease in the

4 amount so made available.

5 ‘‘(2) LEVEL OF STATE EXPENDITURES.—The

6 level of State expenditures for the purposes of para7 graph (1) shall include all State dollars expended by

8 the State library administrative agency for library

9 programs that are consistent with the purposes of

10 this subtitle. All funds included in the maintenance

11 of effort calculation under this subsection shall be

12 expended during the fiscal year for which the deter13 mination is made, and shall not include capital ex14 penditures, special one-time project costs, or similar

15 windfalls.

16 ‘‘(3) WAIVER.—The Director may waive the re17 quirements of paragraph (1) if the Director deter18 mines that such a waiver would be equitable due to

19 exceptional or uncontrollable circumstances such as

20 a natural disaster or a precipitous and unforeseen

21 decline in the financial resources of the State.

22 ‘‘SEC. 224. STATE PLANS.

23 ‘‘(a) STATE PLAN REQUIRED.—

24 ‘‘(1) IN GENERAL.—In order to be eligible to

25 receive a grant under this subtitle, a State library
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1 administrative agency shall submit a State plan to

2 the Director not later than April 1, 1997.

3 ‘‘(2) DURATION.—The State plan shall cover a

4 period of 5 fiscal years.

5 ‘‘(3) REVISIONS.—If a State library administra6 tive agency makes a substantive revision to its State

7 plan, then the State library administrative agency

8 shall submit to the Director an amendment to the

9 State plan containing such revision not later than

10 April 1 of the fiscal year preceding the fiscal year

11 for which the amendment will be effective.

12 ‘‘(b) CONTENTS.—The State plan shall—

13 ‘‘(1) establish goals, and specify priorities, for

14 the State consistent with the purposes of this sub15 title;

16 ‘‘(2) describe activities that are consistent with

17 the goals and priorities established under paragraph

18 (1), the purposes of this subtitle, and section 231,

19 that the State library administrative agency will

20 carry out during such year using such grant;

21 ‘‘(3) describe the procedures that such agency

22 will use to carry out the activities described in para23 graph (2);

24 ‘‘(4) describe the methodology that such agency

25 will use to evaluate the success of the activities es-
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1 tablished under paragraph (2) in achieving the goals

2 and meeting the priorities described in paragraph

3 (1);

4 ‘‘(5) describe the procedures that such agency

5 will use to involve libraries and library users

6 throughout the State in policy decisions regarding

7 implementation of this subtitle; and

8 ‘‘(6) provide assurances satisfactory to the Di9 rector that such agency will make such reports, in

10 such form and containing such information, as the

11 Director may reasonably require to carry out this

12 subtitle and to determine the extent to which funds

13 provided under this subtitle have been effective in

14 carrying out the purposes of this subtitle.

15 ‘‘(c) EVALUATION AND REPORT.—Each State li16 brary administrative agency receiving a grant under this

17 subtitle shall independently evaluate, and report to the

18 Director regarding, the activities assisted under this sub19 title, prior to the end of the 5-year plan.

20 ‘‘(d) INFORMATION.—Each library receiving as21 sistance under this subtitle shall submit to the State li22 brary administrative agency such information as such

23 agency may require to meet the requirements of sub24 section (c).

25 ‘‘(e) APPROVAL.—
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1 ‘‘(1) IN GENERAL.—The Director shall approve

2 any State plan under this subtitle that meets the re3 quirements of this subtitle and provides satisfactory

4 assurances that the provisions of such plan will be

5 carried out.

6 ‘‘(2) PUBLIC AVAILABILITY.—Each State li7 brary administrative agency receiving a grant under

8 this subtitle shall make the State plan available to

9 the public

10 ‘‘(3) ADMINISTRATION.—If the Director deter11 mines that the State plan does not meet the require12 ments of this section, the Director shall—

13 ‘‘(A) immediately notify the State library

14 administrative agency of such determination

15 and the reasons for such determination;

16 ‘‘(B) offer the State library administrative

17 agency the opportunity to revise its State plan;

18 ‘‘(C) provide technical assistance in order

19 to assist the State library administrative agency

20 in meeting the requirements of this section; and

21 ‘‘(D) provide the State library administra22 tive agency the opportunity for a hearing.
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1 ‘‘CHAPTER 2—LIBRARY PROGRAMS

2 ‘‘SEC. 231. GRANTS TO STATES.

3 ‘‘(a) IN GENERAL.—Of the funds provided to a

4 State library administrative agency under section 214,

5 such agency shall expend, either directly or through sub6 grants of cooperative agreements, at least 96 percent of

7 such funds for—

8 ‘‘(1)(A) establishing or enhancing electronic

9 linkages among or between libraries;

10 ‘‘(B) electronically linking libraries with edu11 cational, social, or information services;

12 ‘‘(C) assisting libraries in accessing information

13 through electronic networks;

14 ‘‘(D) encouraging libraries in different areas,

15 and encouraging different types of libraries, to es16 tablish consortia and share resources; or

17 ‘‘(E) paying costs for libraries to acquire or

18 share computer systems and telecommunications

19 technologies; and

20 ‘‘(2) targeting library and information services

21 to persons having difficulty using a library and to

22 underserved urban and rural communities, including

23 children (from birth through age 17) from families

24 with incomes below the poverty line (as defined by

25 the Office of Management and Budget and revised
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1 annually in accordance with section 673(2) of the

2 Community Services Block Grant Act (42 U.S.C.

3 9902(2)) applicable to a family of the size involved.

4 ‘‘(b) SPECIAL RULE.—Each State library admin5 istrative agency receiving funds under this chapter may

6 apportion the funds available for the purposes described

7 in subsection (a) between the two purposes described in

8 paragraphs (1) and (2) of such subsection, as appro9 priate, to meet the needs of the individual State.

10 ‘‘CHAPTER 3—ADMINISTRATIVE

11 PROVISIONS

12 ‘‘Subchapter A—State Requirements

13 ‘‘SEC. 251. STATE ADVISORY COUNCILS.

14 ‘‘Each State desiring assistance under this sub15 title may establish a State advisory council which is

16 broadly representative of the library entities in the State,

17 including public, school, academic, special, and institu18 tional libraries, and libraries serving individuals with dis19 abilities.

20 ‘‘Subchapter B—Federal Requirements

21 ‘‘SEC. 261. SERVICES FOR INDIAN TRIBES.

22 ‘‘From amounts reserved under section

23 221(a)(1)(A) for any fiscal year the Director shall award

24 grants to organizations primarily serving and represent-
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1 ing Indian tribes to enable such organizations to carry

2 out the activities described in section 231.

3 ‘‘SEC. 262. NATIONAL LEADERSHIP GRANTS OR CON4 TRACTS.

5 ‘‘(a) IN GENERAL.—From the amounts reserved

6 under section 221(a)(1)(B) for any fiscal year the Direc7 tor shall establish and carry out a program awarding na8 tional leadership grants or contracts to enhance the qual9 ity of library services nationwide and to provide coordina10 tion between libraries and museums. Such grants or con11 tracts shall be used for activities that may include—

12 ‘‘(1) education and training of persons in li13 brary and information science, particularly in areas

14 of new technology and other critical needs, including

15 graduate fellowships, traineeships, institutes, or

16 other programs;

17 ‘‘(2) research and demonstration projects relat18 ed to the improvement of libraries, education in li19 brary and information science, enhancement of li20 brary services through effective and efficient use of

21 new technologies, and dissemination of information

22 derived from such projects;

23 ‘‘(3) preservation of digitization of library mate24 rials and resources, giving priority to projects em25 phasizing coordination, avoidance of duplication, and
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1 access by researchers beyond the institution or li2 brary entity undertaking the project; and

3 ‘‘(4) model programs demonstrating cooperative

4 efforts between libraries and museums.

5 ‘‘(b) GRANTS OR CONTRACTS.—

6 ‘‘(1) IN GENERAL.—The Director may carry

7 out the activities described in subsection (a) by

8 awarding grants to, or entering into contracts with,

9 libraries, agencies, institutions of higher education,

10 or museums, where appropriate.

11 ‘‘(2) COMPETITIVE BASIS.—Grants and con12 tracts under this section shall be awarded on a com13 petitive basis.

14 ‘‘(c) SPECIAL RULE.—The Director shall make

15 every effort to ensure that activities assisted under this

16 section are administered by appropriate library and mu17 seum professionals or experts.

18 ‘‘SEC. 263. STATE AND LOCAL INITIATIVES.

19 ‘‘Nothing in this subtitle shall be construed to

20 interfere with State and local initiatives and responsibil21 ity in the conduct of library services. The administration

22 of libraries, the selection of personnel and library books

23 and materials, and insofar as consistent with the pur24 poses of this subtitle, the determination of the best uses
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1 of the funds provided under this subtitle, shall be re2 served for the States and their local subdivisions.

3 ‘‘Subtitle C—Museum Services

4 ‘‘SEC. 271. PURPOSE.

5 ‘‘It is the purpose of this subtitle—

6 ‘‘(1) to encourage and assist museums in their

7 educational role, in conjunction with formal systems

8 of elementary, secondary, and postsecondary edu9 cation and with programs of nonformal education for

10 all age groups;

11 ‘‘(2) to assist museums in modernizing their

12 methods and facilities so that the museums are bet13 ter able to conserve the cultural, historic, and sci14 entific heritage of the United States; and

15 ‘‘(3) to ease the financial burden borne by mu16 seums as a result of their increasing use by the pub17 lic.

18 ‘‘SEC. 272. DEFINITIONS.

19 ‘‘As used in this subtitle:

20 ‘‘(1) MUSEUM.—The term ‘museum’ means a

21 public or private nonprofit agency or institution or22 ganized on a permanent basis for essentially edu23 cational or aesthetic purposes, that utilizes a profes24 sional staff, owns or utilizes tangible objects, cares
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1 for the tangible objects, and exhibits the tangible ob2 jects to the public on a regular basis.

3 ‘‘(2) STATE.—The term ‘State’ means each of

4 the 50 States of the United States, the District of

5 Columbia, the Commomwealth of Puerto Rico, the

6 United States Virgin Islands, Guam, American

7 Samoa, the Commonwealth of the Northern Mariana

8 Islands, the Republic of the Marshall Islands, the

9 Federated States of Micronesia, and the Republic of

10 Palau.

11 ‘‘SEC. 273. MUSEUM SERVICES ACTIVITIES.

12 ‘‘(a) GRANTS.—The Director, subject to the

13 policy direction of the Museum Board, may make grants

14 to museums to pay for the Federal share of the cost of

15 increasing and improving museum services, through such

16 activities as—

17 ‘‘(1) programs that enable museums to con18 struct or install displays, interpretations, and exhibi19 tions in order to improve museum services provided

20 to the public;

21 ‘‘(2) assisting museums in developing and

22 maintaining professionally trained or otherwise expe23 rienced staff to meet the needs of the museums;

24 ‘‘(3) assisting museums in meeting the adminis25 trative costs of preserving and maintaining the col-
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1 lections of the museums, exhibiting the collections to

2 the public, and providing educational programs to

3 the public through the use of the collections;

4 ‘‘(4) assisting museums in cooperating with

5 each other in developing traveling exhibitions, meet6 ing transportation costs, and identifying and locat7 ing collections available for loan;

8 ‘‘(5) assisting museums in the conservation of

9 their collections;

10 ‘‘(6) developing and carrying out specialized

11 programs for specific segments of the public, such as

12 programs for urban neighborhoods, rural areas, In13 dian reservations, and penal and other State institu14 tions; and

15 ‘‘(7) model programs demonstrating cooperative

16 efforts between libraries and museums.

17 ‘‘(b) CONTRACTS AND COOPERATIVE AGREE18 MENTS.—

19 ‘‘(1) PROJECTS TO STRENGTHEN MUSEUM

20 SERVICES.—The Director, subject to the policy di21 rection of the Museum Board, is authorized to enter

22 into contracts and cooperative agreements with ap23 propriate entities, as determined by the Director, to

24 pay for the Federal share of enabling the entities to

25 undertake projects designed to strengthen museum
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1 services, except that any contracts or cooperative

2 agreements entered into pursuant to this subsection

3 shall be effective only to such extent or in such

4 amounts as are provided in appropriations Acts.

5 ‘‘(2) LIMITATION ON AMOUNT.—The aggregate

6 amount of financial assistance made available under

7 this subsection for a fiscal year shall not exceed 15

8 percent of the amount appropriated under this sub9 title for such fiscal year.

10 ‘‘(3) OPERATIONAL EXPENSES.—No financial

11 assistance may be provided under this subsection to

12 pay for operational expenses.

13 ‘‘(c) FEDERAL SHARE.—

14 ‘‘(1) 50 PERCENT.—Except as provided in

15 paragraph (2), the Federal share described in sub16 section (a) and (b) shall be not more than 50 per17 cent.

18 ‘‘(2) GREATER THAN 50 PERCENT.—The Direc19 tor may use not more than 20 percent of the funds

20 made available under this subtitle for a fiscal year

21 to make grants under subsection (a), or enter into

22 contracts or agreements under subsection (b), for

23 which the Federal share may be greater than 50

24 percent.
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1 ‘‘(d) REVIEW AND EVALUATION.—The Director

2 shall establish procedures for reviewing and evaluat3 ing grants, contracts, and cooperative agreements

4 made or entered into under this subtitle. Procedures

5 for reviewing grant applications or contracts and co6 operative agreements for financial assistance under

7 this subtitle shall not be subject to any review out8 side of the Institute.

9 ‘‘SEC. 274. AWARD.

10 ‘‘The Director, with the advice of the Museum

11 Board, may annually award a National Award for Mu12 seum Service to outstanding museums that have made

13 significant contributions in service to their communities.

14 ‘‘SEC. 275. NATIONAL MUSEUM SERVICES BOARD.

15 ‘‘(a) ESTABLISHMENT.—There is established in

16 the Institute a National Museum Services Board.

17 ‘‘(b) COMPOSITION AND QUALIFICATIONS.—

18 ‘‘(1) COMPOSITION.—The Museum Board shall

19 consist of the Director and 14 members appointed

20 by the President, by and with the advice and consent

21 of the Senate.

22 ‘‘(2) QUALIFICATIONS.—The appointive mem23 bers of the Museum Board shall be selected from

24 among citizens of the United States—
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1 ‘‘(A) who are members of the general pub2 lic;

3 ‘‘(B) who are or have been affiliated

4 with—

5 ‘‘(i) resources that, collectively, are

6 broadly representative of the curatorial,

7 conservation, educational, and cultural re8 sources of the United States; or

9 ‘‘(ii) museums that, collectively, are

10 broadly representative of various types of

11 museums, including museums relating to

12 science, history, technology, art, zoos, and

13 botanical gardens; and

14 ‘‘(C) who are recognized for their broad

15 knowledge, expertise, or experience in museums

16 or commitment to museums.

17 ‘‘(3) GEOGRAPHIC AND OTHER REPRESENTA18 TION.—Members of the Museum Board shall be ap19 pointed to reflect persons from various geographic

20 regions of the United States. The Museum Board

21 may not include, at any time, more than 3 members

22 from a single State. In making such appointments,

23 the President shall give due regard to equitable rep24 resentation of women, minorities, and persons with

25 disabilities who are involved with museums.
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1 ‘‘(c) TERMS.—

2 ‘‘(1) IN GENERAL.—Each appointive member of

3 the Museum Board shall serve for a term of 5 years,

4 except that—

5 ‘‘(A) of the members first appointed, 3

6 shall serve for terms of 5 years, 3 shall serve

7 for terms of 4 years, 3 shall serve for terms of

8 3 years, 3 shall serve for terms of 2 years, and

9 2 shall serve for terms of 1 year, as designated

10 by the President at the time of nomination for

11 appointment; and

12 ‘‘(B) any member appointed to fill a va13 cancy shall serve for the remainder of the term

14 for which the predecessor of the member was

15 appointed.

16 ‘‘(2) REAPPOINTEMENT.—No member of the

17 Museum Board who has been a member for more

18 than 7 consecutive years shall be eligible for re19 appointment.

20 ‘‘(3) SERVICE UNTIL SUCCESSOR TAKES OF21 FICE.—Notwithstanding any other provision of this

22 subsection, a member of the Museum Board shall

23 serve after the expiration of the term of the member

24 until the successor to the member takes office.
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1 ‘‘(d) DUTIES AND POWERS.—The Museum Board

2 shall have the responsibility to advise the Director on

3 general policies with respect to the duties, powers, and

4 authority of the Institute relating to museum services, in5 cluding general policies with respect to—

6 ‘‘(1) financial assistance awarded under this

7 subtitle for museum services; and

8 ‘‘(2) projects described in section 262(a)(4).

9 ‘‘(e) CHAIRPERSON.—The President shall des10 ignate 1 of the appointive members of the Museum Board

11 as Chairperson of the Museum Board.

12 ‘‘(f) MEETINGS.—

13 ‘‘(1) IN GENERAL.—The Museum Board shall

14 meet—

15 ‘‘(A) not less than 3 times each year, in16 cluding—

17 ‘‘(i) not less than 2 times each year

18 separately; and

19 ‘‘(ii) not less than 1 time each year in

20 a joint meeting with the Commission, con21 vened for purposes of making general poli22 cies with respect to financial assistance for

23 projects described in section 262(a)(4);

24 and

25 ‘‘(B) at the call of the Director.
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1 ‘‘(2) VOTE.—All decisions by the Museum

2 Board with respect to the exercise of the duties and

3 powers of the Museum Board shall be made by a

4 majority vote of the members of the Museum Board

5 who are present. All decisions by the Commission

6 and the Museum Board with respect to the policies

7 described in paragraph (1)(A)(ii) shall be made by

a 2 8 ⁄3 majority vote of the total number of the mem9 bers of the Commission and the Museum Board who

10 are present.

11 ‘‘(g) QUORUM.—A majority of the members of the

12 Museum Board shall constitute a quorum for the conduct

13 of business at official meetings of the Museum Board,

14 but a lesser number of members may hold hearings. A

15 majority of the members of the Commission and a major16 ity of the members of the Museum Board shall constitute

17 a quorum for the conduct of business at official joint

18 meetings of the Commission and the Museum Board.

19 ‘‘(h) COMPENSATION AND TRAVEL EXPENSES.—

20 ‘‘(1) COMPENSATION.—Each member of the

21 Museum Board who is not an officer or employee of

22 the Federal Government may be compensated at a

23 rate to be fixed by the President, but not to exceed

24 the daily equivalent of the maximum rate authorized

25 for a position above grade GS–15 of the General
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1 Schedule under section 5108 of title 5, United

2 States Code, for each day (including travel time)

3 during which such member is engaged in the per4 formance of the duties of the Museum Board. All

5 members of the Museum Board who are officers or

6 employees of the Federal Government shall serve

7 without compensation in addition to compensation

8 received for their services as officers or employees of

9 the Federal Government.

10 ‘‘(2) TRAVEL EXPENSES.—The members of the

11 Museum Board may be allowed travel expenses, in12 cluding per diem in lieu of subsistence, in the same

13 amounts and to the same extent, as authorized

14 under section 5703 of title 5, United States Code,

15 for persons employed intermittently in Federal Gov16 ernment service.

17 ‘‘(i) COORDINATION.—The Museum Board, with

18 the advice of the Director, shall take steps to ensure that

19 the policies and activities of the Institute are coordinated

20 with other activities of the Federal Government.

21 ‘‘SEC. 276. AUTHORIZATION OF APPROPRIATIONS.

22 ‘‘(a) GRANTS.—For the purpose of carrying out

23 this subtitle, there are authorized to be appropriated to

24 the Director $28,700,000 for the fiscal year 1997, and
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1 such sums as may be necessary for each of the fiscal

2 years 1998 through 2002.

3 ‘‘(b) ADMINISTRATION.—Not more than 10 per4 cent of the funds appropriated under this section for a

5 fiscal year may be used to pay for the administrative

6 costs of carrying out this subtitle.

7 ‘‘(c) SUMS REMAINING AVAILABLE.—Sums appro8 priated pursuant to subsection (a) for any fiscal year

9 shall remain available for obligation until expended.’’.

10 SEC. 703. NATIONAL COMMISSION ON LIBRARIES AND IN11 FORMATION SCIENCE.

12 (a) FUNCTIONS.—Section 5 of the National Com13 mission on Libraries and Information Science Act (20

14 U.S.C. 1504) is amended—

15 (1) by redesignating subsections (b) through (d)

16 as subsections (d) through (f), respectively; and

17 (2) by inserting after subsection (a) the follow18 ing:

19 ‘‘(b) The Commission shall have the responsibility

20 to advise the Director of the Institute of Museum and Li21 brary Services on general policies with respect to the du22 ties, powers, and authority of the Institute of Museum

23 and Library Services relating to library services, includ24 ing—

25 ‘‘(1) general policies with respect to—
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1 ‘‘(A) financial assistance awarded under

2 the Museum and Library Services Act for li3 brary services; and

4 ‘‘(B) projects described in section

5 262(a)(4) of such Act; and

6 ‘‘(2) measures to ensure that the policies and

7 activities of the Institute of Museum and Library

8 Services are coordinated with other activities of the

9 Federal Government.

10 ‘‘(c)(1) The Commission shall meet not less than

11 1 time each year in a joint meeting with the National

12 Museum Services Board, convened for purposes of pro13 viding advice on general policy with respect to financial

14 assistance for projects described in section 262(a)(4) of

15 such Act.

16 ‘‘(2) All decisions by the Commission and the Na17 tional Museum Services Board with respect to the advice

18 on general policy described in paragraph (1) shall be

made by a 2 19 ⁄3 majority vote of the total number of the

20 members of the Commission and the National Museum

21 Services Board who are present.

22 ‘‘(3) A majority of the members of the Commis23 sion and a majority of the members of the National Mu24 seum Services Board shall constitute a quorum for the
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1 conduct of business at official joint meetings of the Com2 mission and the National Museum Services Board.’’.

3 (b) MEMBERSHIP.—Section 6 of the National

4 Commission on Libraries and Information Science Act

5 (20 U.S.C. 1505) is amended—

6 (1) in subsection (a)—

7 (A) in the first sentence, by striking ‘‘Li8 brarian of Congress’’ and inserting ‘‘Librarian

9 of Congress, the Director of the Institute of

10 Museum and Library Services (who shall serve

11 as an ex officio, nonvoting member),’’;

12 (B) in the second sentence—

13 (i) by striking ‘‘special competence or

14 interest in’’ and inserting ‘‘special com15 petence in or knowledge of; and

16 (ii) by inserting before the period the

17 following: ‘‘and at least one other of whom

18 shall be knowledgeable with respect to the

19 library and information service and science

20 needs of the elderly’’;

21 (C) in the third sentence, by inserting ‘‘ap22 pointive’’ before ‘‘members’’; and

23 (D) in the last sentence, by striking ‘‘term

24 and at least’’ and all that follows and inserting

25 ‘‘term.’’; and
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1 (2) in subsection (b), by striking ‘‘the rate spec2 ified’’ and all that follows through ‘‘and while’’ and

3 inserting ‘‘the daily equivalent of the maximum rate

4 authorized for a position above grade GS–15 of the

5 General Schedule under section 5108 of title 5,

6 United States Code, for each day (including travel7 time) during which the members are engaged in the

8 business of the Commission. While’’.

9 SEC. 704. TRANSFER OF FUNCTIONS FROM INSTITUTE OF

10 MUSEUM SERVICES.

11 (a) DEFINITIONS.—For purposes of this section,

12 unless otherwise provided or indicated by the context—

13 (1) the term ‘‘Federal agency’’ has the meaning

14 given to the term ‘‘agency’’ by section 551(1) of title

15 5, United States Code;

16 (2) the term ‘‘function’’ means any duty, obli17 gation, power, authority, responsibility, right, privi18 lege, activity, or program; and

19 (3) the term ‘‘office’’ includes any office, ad20 ministration, agency, institute, unit, organizational

21 entity, or component thereof.

22 (b) TRANSFER OF FUNCTIONS FROM THE INSTI23 TUTE OF MUSEUM SERVICES AND THE LIBRARY PRO24 GRAM OFFICE.—There are transferred to the Director of

25 the Institute of Museum and Library Services established
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1 under section 203 of the Museum and Library Services

2 Act—

3 (1) all functions that the Director of the Insti4 tute of Museum Services exercised before the date of

5 enactment of this section (including all related func6 tions of any officer or employee of the Institute of

7 Museum Services); and

8 (2) all functions that the Director of Library

9 Programs in the Office of Educational Research and

10 Improvement in the Department of Education exer11 cised before the date of enactment of this section

12 and any related function of any officer or employee

13 of the Department of Education.

14 (c) DETERMINATIONS OF CERTAIN FUNCTIONS BY

15 THE OFFICE OF MANAGEMENT AND BUDGET.—If nec16 essary, the Office of Management and Budget shall make

17 any determination of the functions that are transferred

18 under subsection (b).

19 (d) DELEGATION AND ASSIGNMENT.—Except

20 where otherwise expressly prohibited by law or otherwise

21 provided by this section, the Director of the Institute of

22 Museum and Library Services may delegate any of the

23 functions transferred to the Director of the Institute of

24 Museum and Library Services by this section and any

25 function transferred or granted to such Director of the
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1 Institute of Museum and Library Services after the effec2 tive date of this section to such officers and employees

3 of the Institute of Museum and Library Services as the

4 Director of the Institute of Museum and Library Services

5 may designate, and may authorize successive redelega6 tions of such functions as may be necessary or appro7 priate, except that any delegation of any such functions

8 with respect to libraries shall be made to the Deputy Di9 rector of the Office of Library Services and with respect

10 to museums shall be made to the Deputy Director of the

11 Office of Museum Services. No delegation of functions

12 by the Director of the Institute of Museum and Library

13 Services under this section or under any other provision

14 of this section shall relieve such Director of the Institute

15 of Museum and Library Services of responsibility for the

16 administration of such functions.

17 (e) REORGANIZATION.—The Director of the Insti18 tute of Museum and Library Services may allocate or re19 allocate any function transferred under subsection (b)

20 among the officers of the Institute of Museum and Li21 brary Services, and may establish, consolidate, alter, or

22 discontinue such organizational entities in the Institute of

23 Museum and Library Services as may be necessary or ap24 propriate.
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1 (f) RULES.—The Director of the Institute of Mu2 seum and Library Services may prescribe, in accordance

3 with chapters 5 and 6 of title 5, United States Code,

4 such rules and regulations as the Director of the Insti5 tute of Museum and Library Services determines to be

6 necessary or appropriate to administer and manage the

7 functions of the Institute of Museum and Library Serv8 ices.

9 (g) TRANSFER AND ALLOCATIONS OF APPROPRIA10 TIONS AND PERSONNEL.—Except as otherwise provided

11 in this section, the personnel employed in connection

12 with, and the assets, liabilities, contracts, property,

13 records, and unexpended balances of appropriations, au14 thorizations, allocations, and other funds employed, used,

15 held, arising from, available to, or to be made available

16 in connection with the functions transferred by this sec17 tion, subject to section 1531 of title 31, United States

18 Code, shall be transferred to the Institute of Museum

19 and Library Services. Unexpended funds transferred pur20 suant to this subsection shall be used only for the pur21 poses for which the funds were originally authorized and

22 appropriated.

23 (h) INCIDENTAL TRANSFERS.—The Director of

24 the Office of Management and Budget, at such time or

25 times as the Director shall provide, may make such deter-
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1 minations as may be necessary with regard to the func2 tions transferred by this section, and make such addi3 tional incidental dispositions of personnel, assets, liabil4 ities, grants, contracts, property, records, and unex5 pended balances of appropriations, authorizations, alloca6 tions, and other funds held, used, arising from, available

7 to, or to be made available in connection with such func8 tions, as may be necessary to carry out this section. The

9 Director of the Office of Management and Budget shall

10 provide for the termination of the affairs of all entities

11 terminated by this section and for such further measures

12 and dispositions as may be necessary to effectuate the

13 purposes of this section.

14 (i) EFFECT ON PERSONNEL.—

15 (1) IN GENERAL.—Except as otherwise pro16 vided by this section, the transfer pursuant to this

17 section of full-time personnel (except special Govern18 ment employees) and part-time personnel holding

19 permanent positions shall not cause any such em20 ployee to be separated or reduced in grade or com21 pensation for 1 year after the date of transfer of

22 such employee under this section.

23 (2) EXECUTIVE SCHEDULE POSITIONS.—Except

24 as otherwise provided in this section, any person

25 who, on the day preceding the effective date of this
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1 section, held a position compensated in accordance

2 with the Executive Schedule prescribed in chapter

3 53 of title 5, United States Code, and who, without

4 a break in service, is appointed in the Institute of

5 Museum and Library Services to a position having

6 duties comparable to the duties performed imme7 diately preceding such appointment shall continue to

8 be compensated in such new position at not less

9 than the rate provided for such previous position, for

10 the duration of the service of such person in such

11 new position.

12 (j) SAVINGS PROVISIONS.—

13 (1) CONTINUING EFFECT OF LEGAL DOCU14 MENTS.—All orders, determinations, rules, regula15 tions, permits, agreements, grants, contracts, certifi16 cates, licenses, registrations, privileges, and other

17 administrative actions—

18 (A) that have been issued, made, granted,

19 or allowed to become effective by the President,

20 any Federal agency or official of a Federal

21 agency, or by a court of competent jurisdiction,

22 in the performance of functions that are trans23 ferred under this section; and

24 (B) that were in effect before the effective

25 date of this section, or were final before the ef-
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1 fective date of this section and are to become

2 effective on or after the effective date of this

3 section;

4 shall continue in effect according to their terms until

5 modified, terminated, superseded, set aside, or revoked in

6 accordance with law by the President, the Director of the

7 Institute of Museum and Library Services or other author8 ized official, a court of competent jurisdiction, or by oper9 ation of law.

10 (2) PROCEEDINGS NOT AFFECTED.—This section

11 shall not affect any proceedings, including notices of pro12 posed rulemaking, or any application for any license, per13 mit, certificate, or financial assistance pending before the

14 Institute of Museum Services on the effective date of this

15 section, with respect to functions transferred by this sec16 tion. Such proceedings and applications shall be contin17 ued. Orders shall be issued in such proceedings, appeals

18 shall be taken from the orders, and payments shall be

19 made pursuant to the orders, as if this section had not

20 been enacted, and orders issued in any such proceedings

21 shall continue in effect until modified, terminated, super22 seded, or revoked by a duly authorized official, by a court

23 of competent jurisdiction, or by operation of law. Nothing

24 in this paragraph shall be construed to prohibit the dis25 continuance or modification of any such proceeding under
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1 the same terms and conditions and to the same extent

2 that such proceeding could have been discontinued or

3 modified if this section had not been enacted.

4 (3) SUITS NOT AFFECTED.—This section shall

5 not affect suits commenced before the effective date

6 of this section, and in all such suits, proceedings

7 shall be had, appeals taken, and judgments rendered

8 in the same manner and with the same effect as if

9 this section had not been enacted.

10 (4) NONABATEMENT OF ACTIONS.—No suit, ac11 tion, or other proceeding commenced by or against

12 the Institute of Museum Services, or by or against

13 any individual in the official capacity of such individ14 ual as an officer of the Institute of Museum Serv15 ices, shall abate by reason of the enactment of this

16 section.

17 (5) ADMINISTRATIVE ACTIONS RELATING TO

18 PROMULGATION OF REGULATIONS.—Any administra19 tive action relating to the preparation or promulga20 tion of a regulation by the Institute of Museum

21 Services relating to a function transferred under this

22 section may be continued by the Institute of Mu23 seum and Library Services with the same effect as

24 if this section had not been enacted.
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1 (k) TRANSITION.—The Director of the Institute of

2 Museum and Library Services may utilize—

3 (1) the services of such officers, employees, and

4 other personnel of the Institute of Museum Services

5 with respect to functions transferred to the Institute

6 of Museum and Library Services by this section; and

7 (2) funds appropriated to such functions for

8 such period of time as may reasonably be needed to

9 facilitate the orderly implementation of this section.

10 (l) REFERENCES.—A reference in any other Fed11 eral law, Executive order, rule, regulation, or delegation

12 of authority, or any document of or relating to—

13 (1) the Director of the Institute of Museum

14 Services with regard to functions transferred under

15 subsection (b), shall be deemed to refer to the Direc16 tor of the Institute of Museum and Library Services;

17 and

18 (2) the Institute of Museum Services with re19 gard to functions transferred under subsection (b),

20 shall be deemed to refer to the Institute of Museum

21 and Library Services.

22 (m) ADDITIONAL CONFORMING AMENDMENTS.—

23 (1) RECOMMENDED LEGISLATION.—After con24 sultation with the appropriate committees of Con25 gress and the director of the Office of Management
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1 and Budget, the Director of the Institute of Museum

2 and Library Services shall prepare and submit to the

3 appropriate committees of Congress recommended

4 legislation containing technical and conforming

5 amendments to reflect the changes made by this sec6 tion.

7 (2) SUBMISSION TO CONGRESS.—Not later than

8 6 months after the effective date of this section, the

9 Director of the Institute of Museum and Library

10 Services shall submit to the appropriate committees

11 of Congress the recommended legislation referred to

12 under paragraph (1).

13 SEC. 705. SERVICE OF INDIVIDUALS SERVING ON DATE OF

14 ENACTMENT.

15 Notwithstanding section 204 of the Museum and

16 Library Services Act, the individual who was appointed to

17 the position of Director of the Institute of Museum Serv18 ices under section 205 of the Museum Services Act (as

19 such section was in effect on the day before the date of

20 enactment of this Act) and who is serving in such posi21 tion on the day before the date of enactment of this Act

22 shall serve as the first Director of the Institute of Mu23 seum and Library Services under section 204 of the Mu24 seum and Library Services Act (as added by section 2 of
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1 this Act), and shall serve at the pleasure of the Presi2 dent.

3 SEC. 706. CONSIDERATION.

4 Consistent with title 5, United States Code, in ap5 pointing employees of the Office of Library Services, the

6 Director of the Institute of Museum and Library Services

7 shall give strong consideration to individuals with experi8 ence in administering State-based and national library

9 and information services programs.

10 SEC. 707. TRANSITION AND TRANSFER OF FUNDS.

11 (a) TRANSITION.—The Director of the Office of

12 Management and Budget shall take appropriate measures

13 to ensure an orderly transition from the activities pre14 viously administered by the Director of Library Programs

15 in the Office of Educational Research and Improvement

16 in the Department of Education to the activities adminis17 tered by the Institute for Museum and Library Services

18 under this Act. Such measures may include the transfer

19 of appropriated funds.

20 (b) TRANSFER.—From any amounts available to

21 the Secretary of Education for salaries and expenses at

22 the Department of Education, the Secretary of Education

23 shall transfer to the Director the amount of funds nec24 essary to ensure the orderly transition from activities pre25 viously administered by the Director of the Office of Li-
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1 brary Programs in the Office of Educational Research

2 and Improvement in the Department of Education to the

3 activities administered by the Institute for Museum and

4 Library Services. In no event shall the amount of funds

5 transferred pursuant to the preceding sentence be less

6 than $200,000.

7 SEC. 708. REPEALS.

8 (a) LIBRARY SERVICES AND CONSTRUCTION

9 ACT.—The Library Services and Construction Act (20

10 U.S.C. 351 et seq.) is repealed.

11 (b) TITLE II OF THE HIGHER EDUCATION ACT

12 OF 1965.—Title II of the Higher Education Act of 1965

13 (20 U.S.C. 1021 et seq.), relating to academic libraries

14 and information services, is repealed.

15 (c) PART D OF TITLE XIII OF THE HIGHER

16 EDUCATION AMENDMENTS OF 1986.—Part D of title

17 XIII of the Higher Education Amendments of 1986 (20

18 U.S.C. 1029 note), relating to library resources, is re19 pealed.

20 (d) SECTION 519 OF THE EDUCATION AMEND21 MENTS OF 1974.—Section 519 of the Education Amend22 ments of 1974 (20 U.S.C. 1221i) is repealed.

23 (e) PART F OF THE TECHNOLOGY FOR EDU24 CATION ACT OF 1994.—Part F of the Technology for

25 Education Act of 1994 (20 U.S.C. 7001 et seq.), con-
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1 tained in title III of the Elementary and Secondary Edu2 cation Act of 1965, is repealed.

3 SEC. 709. CONFORMING AMENDMENTS.

4 (a) REFERENCES TO LIBRARY SERVICES AND

5 CONSTRUCTION ACT.—

6 (1) TECHNOLOGY FOR EDUCATION ACT OF

7 1994.—Section 3113(10) of the Technology for Edu8 cation Act of 1994 (20 U.S.C. 6813(10)) is amended

9 by striking ‘‘section 3 of the Library Services and

10 Construction Act;’’ and inserting ‘‘section 213 of the

11 Library Services and Technology Act;’’

12 (2) OMNIBUS EDUCATION RECONCILIATION ACT

13 OF 1981.—Section 528 of the Omnibus Education

14 Reconciliation Act of 1981 (20 U.S.C. 3489) is

15 amended—

16 (A) by striking paragraph (12); and

17 (B) by redesignating paragraphs (13)

18 through (15) as paragraphs (12) through (14),

19 respectively.

20 (3) ELEMENTARY AND SECONDARY EDUCATION

21 ACT OF 1965.—Section 3113(10) of the Elementary

22 and Secondary Education Act of 1965 (20 U.S.C.

23 6813(10)) is amended by striking ‘‘section 3 of the

24 Library Services and Construction Act’’ and insert-
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1 ing ‘‘section 213 of the Library Services and Tech2 nology Act’’.

3 (4) COMMUNITY IMPROVEMENT VOLUNTEER

4 ACT OF 1994.—Section 7305 of the Community Im5 provement Volunteer Act of 1994 (40 U.S.C. 276d–

6 3) is amended—

7 (A) by striking paragraph (1); and

8 (A) by redesignating paragraphs (2)

9 through (6) as paragraphs (1) through (5), re10 spectively.

11 (5) APPALACHIAN REGIONAL DEVELOPMENT

12 ACT OF 1965.—Section 214(c) of the Appalachian

13 Regional Development Act of 1965 (40 U.S.C. App.

14 214(c)) is amended by striking ‘‘Library Services

15 and Construction Act;’’

16 (6) DEMONSTRATION CITIES AND METROPOLI17 TAN DEVELOPMENT ACT OF 1966.—Section 208(2) of

18 the Demonstration Cities and Metropolitan Develop19 ment Act of 1966 (42 U.S.C. 3338(2)) is amended

20 by striking ‘‘title II of the Library Services and Con21 struction Act;’’.

22 (7) PUBLIC LAW 87–688.—Subsection (c) of the

23 first section of the Act entitled ‘‘An Act to extend

24 the application of certain laws to American Samoa’’,

25 approved September 25, 1962 (48 U.S.C. 1666(c))
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1 is amended by striking ‘‘the Library Services Act

2 (70 Stat. 293; 20 U.S.C. 351 et seq.),’’.

3 (8) COMMUNICATIONS ACT OF 1934.—Para4 graph (4) of section 254(h) of the Communications

5 Act of 1934 (47 U.S.C. 254(h)(4) is amended by

6 striking ‘‘library not eligible for participation in

7 State-based plans for funds under title III of the Li8 brary Services and Construction Act (20 U.S.C.

9 335c et seq.)’’ and inserting ‘‘library or library con10 sortium not eligible for assistance from a State li11 brary administrative agency under the Library Serv12 ices and Technology Act’’.

13 (b) REFERENCES TO INSTITUTE OF MUSEUM

14 SERVICES.—

15 (1) TITLE 5, UNITED STATES CODE.—Section

16 5315 of title 5 United States Code, is amended by

17 striking the following:

18 ‘‘Director of the Institute of Museum Services,’’

19 and inserting the following:

20 ‘‘Director of the Institute of Museum and Li21 brary Services.’’.

22 (2) DEPARTMENT OF EDUCATION ORGANIZA23 TION ACT.—Section 301 of the Department of Edu24 cation Organization Act (20 U.S.C. 3441) is amend25 ed—
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1 (A) in subsection (a)—

2 (i) by striking paragraph (5); and

3 (ii) by redesignating paragraphs (6)

4 and (7) as paragraphs (5) and (6), respec5 tively; and

6 (B) in subsection (b)—

7 (i) by striking paragraph (4); and

8 (ii) by redesignating paragraphs (5)

9 through (7) as paragraphs (4) through (6),

10 respectively.

11 (3) ELEMENTARY AND SECONDARY EDUCATION

12 ACT OF 1965.—

13 (A) Sections 2101(b), 2205(c)(1)(D),

14 2208(d)(1)(H)(v), and 2209(b)(1)(C)(iv), and

15 subsection (d)(6) and (e)(2) of section 10401 of

16 the Elementary and Secondary Education Act

17 of 1965 (20 U.S.C. 6621(b), 6645(c)(1)(D),

18 6648(d)(1)(H)(v), 6649(b)(1)(C)(vi), and 8091

19 (d)(6) and (e)(2)) are amended by striking ‘‘the

20 Institute of Museum Services’’ and inserting

21 ‘‘the Institute of Museum and Library Serv22 ices’’.

23 (B) Section 10412(b) of such Act (20

24 U.S.C. 8102(b) is amended—
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1 (i) in paragraph (2), by striking ‘‘the

2 Director of the Institute Museum Serv3 ices,’’ and inserting ‘‘the Director of the

4 Institute of Museum and Library Serv5 ices,’’; and

6 (ii) in paragraph (7), by striking ‘‘the

7 Director of the Institute of Museum Serv8 ices,’’ and inserting ‘‘the director of the In9 stitute of Museum and Library Services,’’.

10 (C) Section 10414(a)(2)(B) of such Act

11 (20 U.S.C. 8104(a)(2)(B)) is amended by strik12 ing clause (iii) and inserting the following new

13 clause:

14 ‘‘(iii) the Institute of Museum and Li15 brary Services.’’.

16 (c) REFERENCES TO OFFICE OF LIBRARIES

17 AND LEARNING RESOURCES.—Section 413(b)(1) of the

18 Department of Education Organization Act (20 U.S.C.

19 3473(b)(1)) is amended—

20 (1) by striking subparagraph (H); and

21 (2) by redesignating subparagraphs (I) through

22 (M) as subparagraphs (H) through (L), respectively.

23 (d) REFERENCE TO STATE POSTSECONDARY

24 REVIEW ENTITY PROGRAMS.—Section 356(b)(2) of the
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1 Higher Education Act of 1965 (20 U.S.C. 10696(b)) is

2 amended by striking ‘‘II,’’.

3 This Act may be cited as the ‘‘Departments of

4 Labor, Health and Human Services, and Education, and

5 Related Agencies Appropriations Act, 1997’’.

6 (f) For programs, projects or activities in the

7 Treasury, Postal Service, and General Appropriations

8 Act, 1997, provided as follows, to be effective as if it had

9 been enacted into law as the regular appropriations Act:

10 AN ACT

11 Making appropriations for the Treasury Depart12 ment, the United States Postal Service, the Executive Of13 fice of the President, and certain Independent Agencies,

14 for the fiscal year ending September 30, 1997, and for

15 other purposes.

16 TITLE I—DEPARTMENT OF THE TREASURY

17 DEPARTMENTAL OFFICES

18 SALARIES AND EXPENSES

19 For necessary expenses of the Departmental Offices

20 including operation and maintenance of the Treasury

21 Building and Annex; hire of passenger motor vehicles;

22 maintenance, repairs, and improvements of, and purchase

23 of commercial insurance policies for, real properties leased

24 or owned overseas, when necessary for the performance

25 of official business; not to exceed $2,900,000 for official
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1 travel expenses; not to exceed $150,000 for official recep2 tion and representation expenses; not to exceed $258,000

3 for unforeseen emergencies of a confidential nature, to be

4 allocated and expended under the direction of the Sec5 retary of the Treasury and to be accounted for solely on

6 his certificate; $111,760,000.

7 AUTOMATION ENHANCEMENT

8 INCLUDING TRANSFER OF FUNDS

9 For the development and acquisition of automatic

10 data processing equipment, software, and services for the

11 Department of the Treasury, $27,100,000, of which

12 $15,000,000 shall be available to the United States Cus13 toms Service for the Automated Commercial Environment

14 project, and of which $5,600,000 shall be available to the

15 United States Customs Service for the International

16 Trade Data System: Provided, That these funds shall re17 main available until September 30, 1999: Provided further,

18 That these funds shall be transferred to accounts and in

19 amounts as necessary to satisfy the requirements of the

20 Department’s offices, bureaus, and other organizations:

21 Provided further, That this transfer authority shall be in

22 addition to any other transfer authority provided in this

23 Act: Provided further, That none of the funds shall be used

24 to support or supplement Internal Revenue Service appro25 priations for Information Systems and Tax Systems Mod-
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1 ernization: Provided further, That of the funds appro2 priated for the Automated Commercial Environment,

3 $3,475,000 may not be obligated until the Commissioner

4 of Customs consults with the Committees on Appropria5 tions regarding deficiencies identified by the General Ac6 counting Office.

7 OFFICE OF INSPECTOR GENERAL

8 SALARIES AND EXPENSES

9 For necessary expenses of the Office of Inspector

10 General in carrying out the provisions of the Inspector

11 General Act of 1978, as amended, not to exceed

12 $2,000,000 for official travel expenses; including hire of

13 passenger motor vehicles; and not to exceed $100,000 for

14 unforeseen emergencies of a confidential nature, to be allo15 cated and expended under the direction of the Inspector

16 General of the Treasury; $29,736,000.

17 OFFICE OF PROFESSIONAL RESPONSIBILITY

18 SALARIES AND EXPENSES

19 For necessary expenses of the Office of Professional

20 Responsibility, including purchase and hire of passenger

21 motor vehicles, $1,500,000.
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1 TREASURY BUILDINGS AND ANNEX REPAIR AND

2 RESTORATION

3 INCLUDING TRANSFER OF FUNDS

4 For the repair, alteration, and improvement of the

5 Treasury Building and Annex, $28,213,000, to remain

6 available until expended: Provided, That funds previously

7 made available under this title for the Secret Service

8 Headquarter’s building shall be transferred to the Secret

9 Service Acquisition, Construction, Improvement and Re10 lated Expenses appropriation.

11 FINANCIAL CRIMES ENFORCEMENT NETWORK

12 SALARIES AND EXPENSES

13 For necessary expenses of the Financial Crimes En14 forcement Network, including hire of passenger motor ve15 hicles; travel expenses of non-Federal law enforcement

16 personnel to attend meetings concerned with financial in17 telligence activities, law enforcement, and financial regula18 tion; not to exceed $14,000 for official reception and rep19 resentation expenses; and for assistance to Federal law en20 forcement agencies, with or without reimbursement;

21 $22,387,000: Provided, That notwithstanding any other

22 provision of law, the Director of the Financial Crimes En23 forcement Network may procure up to $500,000 in spe24 cialized, unique, or novel automatic data processing equip25 ment, ancillary equipment, software, services, and related
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1 resources from commercial vendors without regard to oth2 erwise applicable procurement laws and regulations and

3 without full and open competition, utilizing procedures

4 best suited under the circumstances of the procurement

5 to efficiently fulfill the agency’s requirements: Provided

6 further, That funds appropriated in this account may be

7 used to procure personal services contracts.

8 DEPARTMENT OF THE TREASURY FORFEITURE FUND

9 For necessary expenses of the Treasury Forfeiture

10 Fund, as authorized by Public Law 102–393, not to ex11 ceed $10,000,000, to be derived from deposits in the fund:

12 Provided, That notwithstanding any other provision of

13 law, not to exceed $7,500,000 shall be made available for

14 the development of a Federal wireless communication sys15 tem: Provided further, That the Secretary of the Treasury

16 is authorized to receive all unavailable collections trans17 ferred from the Special Forfeiture Fund established by

18 section 6073 of the Anti-Drug Abuse Act of 1988 (21

19 U.S.C. 1509) by the Director of the Office of Drug Con20 trol Policy as a deposit into the Treasury Forfeiture Fund

21 (31 U.S.C. 9703(a)).
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1 VIOLENT CRIME REDUCTION PROGRAMS

2 INCLUDING TRANSFER OF FUNDS

3 For activities authorized by Public Law 103–322, to

4 remain available until expended, which shall be derived

5 from the Violent Crime Reduction Trust Fund, as follows:

6 (a) As authorized by section 190001(e), $89,000,000,

7 of which $36,595,000 shall be available to the Bureau of

8 Alcohol, Tobacco and Firearms, of which $3,000,000 shall

9 be available for administering the Gang Resistance Edu10 cation and Training program, of which $3,662,000 shall

11 be available for ballistics technologies, including the pur12 chase, maintenance and upgrading of equipment and of

13 which $29,133,000 shall be available to enhance training

14 and purchase equipment and services, and of which

15 $800,000 shall be available for project LEAD; of which

16 $18,300,000 shall be available to the Secretary as author17 ized by section 732 of Public Law 104–132, as amended

18 by Section 113 of the Fiscal Year 1997 Department of

19 Commerce, Justice and State, and the Judiciary, and Re20 lated Agencies Appropriations Act; of which $1,000,000

21 shall be available to the Financial Crimes Enforcement

22 Network; of which $20,000,000 shall be available to the

23 United States Secret Service, of which no less than

24 $1,400,000 shall be available for a grant for activities re25 lated to the investigations of missing and exploited chil-
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1 dren; and of which $13,105,000 shall be available to the

2 Federal Drug Control Programs, High Intensity Drug

3 Trafficking Areas program;

4 (b) As authorized by section 32401, $8,000,000, for

5 disbursement through grants, cooperative agreements or

6 contracts, to local governments for Gang Resistance Edu7 cation and Training: Provided, That notwithstanding sec8 tions 32401 and 310001, such funds shall be allocated

9 only to the affected State and local law enforcement and

10 prevention organizations participating in such projects.

11 TREASURY FRANCHISE FUND

12 There is hereby established in the Treasury a fran13 chise fund pilot, as authorized by section 403 of Public

14 Law 103–356, to be available as provided in such section

15 for expenses and equipment necessary for the maintenance

16 and operation of such financial and administrative support

17 services as the Secretary determines may be performed

18 more advantageously as central services: Provided, That

19 any inventories, equipment, and other assets pertaining to

20 the services to be provided by such fund, either on hand

21 or on order, less the related liabilities or unpaid obliga22 tions, and any appropriations made for the purpose of pro23 viding capital, shall be used to capitalize such fund: Pro24 vided further, That such fund shall be reimbursed or cred25 ited with the payments, including advanced payments,
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1 from applicable appropriations and funds available to the

2 Department and other Federal agencies for which such ad3 ministrative and financial services are performed, at rates

4 which will recover all expenses of operation, including ac5 crued leave, depreciation of fund plant and equipment,

6 amortization of Automatic Data Processing (ADP) soft7 ware and systems, and an amount necessary to maintain

8 a reasonable operating reserve, as determined by the Sec9 retary: Provided further, That such fund shall provide

10 services on a competitive basis: Provided further, That an

11 amount not to exceed 4 percent of the total annual income

12 to such fund may be retained in the fund for fiscal year

13 1997 and each fiscal year thereafter, to remain available

14 until expended, to be used for the acquisition of capital

15 equipment and for the improvement and implementation

16 of Treasury financial management, ADP, and other sup17 port systems: Provided further, That no later than 30 days

18 after the end of each fiscal year, amounts in excess of this

19 reserve limitation shall be deposited as miscellaneous re20 ceipts in the Treasury: Provided further, That such fran21 chise fund pilot shall terminate pursuant to section 403(f)

22 of Public Law 103–356.
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1 FEDERAL LAW ENFORCEMENT TRAINING CENTER

2 SALARIES AND EXPENSES

3 For necessary expenses of the Federal Law Enforce4 ment Training Center, as a bureau of the Department of

5 the Treasury, including materials and support costs of

6 Federal law enforcement basic training; purchase (not to

7 exceed 52 for police-type use, without regard to the gen8 eral purchase price limitation) and hire of passenger

9 motor vehicles; for expenses for student athletic and relat10 ed activities; uniforms without regard to the general pur11 chase price limitation for the current fiscal year; the con12 ducting of and participating in firearms matches and pres13 entation of awards; for public awareness and enhancing

14 community support of law enforcement training; not to ex15 ceed $9,500 for official reception and representation ex16 penses; room and board for student interns; and services

17 as authorized by 5 U.S.C. 3109; $54,831,000, of which

18 up to $13,034,000 for materials and support costs of Fed19 eral law enforcement basic training shall remain available

20 until September 30, 1999: Provided, That the Center is

21 authorized to accept and use gifts of property, both real

22 and personal, and to accept services, for authorized pur23 poses, including funding of a gift of intrinsic value which

24 shall be awarded annually by the Director of the Center

25 to the outstanding student who graduated from a basic
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1 training program at the Center during the previous fiscal

2 year, which shall be funded only by gifts received through

3 the Center’s gift authority: Provided further, That not4 withstanding any other provision of law, students attend5 ing training at any Federal Law Enforcement Training

6 Center site shall reside in on-Center or Center-provided

7 housing, insofar as available and in accordance with Cen8 ter policy: Provided further, That funds appropriated in

9 this account shall be available, at the discretion of the Di10 rector, for: training United States Postal Service law en11 forcement personnel and Postal police officers; State and

12 local government law enforcement training on a space13 available basis; training of foreign law enforcement offi14 cials on a space-available basis with reimbursement of ac15 tual costs to this appropriation; training of private sector

16 security officials on a space-available basis with reimburse17 ment of actual costs to this appropriation; and travel ex18 penses of non-Federal personnel to attend course develop19 ment meetings and training at the Center: Provided fur20 ther, That the Center is authorized to obligate funds in

21 anticipation of reimbursements from agencies receiving

22 training at the Federal Law Enforcement Training Cen23 ter, except that total obligations at the end of the fiscal

24 year shall not exceed total budgetary resources available

25 at the end of the fiscal year: Provided further, That the
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1 Federal Law Enforcement Training Center is authorized

2 to provide short term medical services for students under3 going training at the Center.

4 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

5 RELATED EXPENSES

6 For expansion of the Federal Law Enforcement

7 Training Center, for acquisition of necessary additional

8 real property and facilities, and for ongoing maintenance,

9 facility improvements, and related expenses, $18,884,000,

10 to remain available until expended.

11 FINANCIAL MANAGEMENT SERVICE

12 SALARIES AND EXPENSES

13 For necessary expenses of the Financial Management

14 Service, $196,069,000, of which not to exceed

15 $14,277,000 shall remain available until expended for sys16 tems modernization initiatives. In addition, $90,000, to be

17 derived from the Oil Spill Liability Trust Fund, to reim18 burse the Service for administrative and personnel ex19 penses for financial management of the Fund, as author20 ized by section 1012 of Public Law 101–380: Provided,

21 That none of the funds made available for systems mod22 ernization initiatives may not be obligated until the Com23 missioner of the Financial Management Service has sub24 mitted, and the Committees on Appropriations of the

25 House and Senate have approved, a report that identifies,
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1 evaluates, and prioritizes all computer systems invest2 ments planned for fiscal year 1997, a milestone schedule

3 for the development and implementation of all projects in4 cluded in the systems investment plan, and a systems ar5 chitecture plan.

6 BUREAU OF ALCOHOL, TOBACCO AND FIREARMS

7 SALARIES AND EXPENSES

8 For necessary expenses of the Bureau of Alcohol, To9 bacco and Firearms, including purchase of not to exceed

10 650 vehicles for police-type use for replacement only and

11 hire of passenger motor vehicles; hire of aircraft; and serv12 ices of expert witnesses at such rates as may be deter13 mined by the Director; for payment of per diem and/or

14 subsistence allowances to employees where an assignment

15 to the National Response Team during the investigation

16 of a bombing or arson incident requires an employee to

17 work 16 hours or more per day or to remain overnight

18 at his or her post of duty; not to exceed $12,500 for offi19 cial reception and representation expenses; for training of

20 State and local law enforcement agencies with or without

21 reimbursement, including training in connection with the

22 training and acquisition of canines for explosives and fire

23 accelerants detection; provision of laboratory assistance to

24 State and local agencies, with or without reimbursement;

25 $393,971,000, of which $12,011,000, to remain available
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1 until expended, shall be available for arson investigations,

2 with priority assigned to any arson, explosion or violence

3 against religious institutions; which not to exceed

4 $1,000,000 shall be available for the payment of attor5 neys’ fees as provided by 18 U.S.C. 924(d)(2); and of

6 which $1,000,000 shall be available for the equipping of

7 any vessel, vehicle, equipment, or aircraft available for of8 ficial use by a State or local law enforcement agency if

9 the conveyance will be used in drug-related joint law en10 forcement operations with the Bureau of Alcohol, Tobacco

11 and Firearms and for the payment of overtime salaries,

12 travel, fuel, training, equipment, and other similar costs

13 of State and local law enforcement officers that are in14 curred in joint operations with the Bureau of Alcohol, To15 bacco and Firearms: Provided, That no funds made avail16 able by this or any other Act may be used to transfer the

17 functions, missions, or activities of the Bureau of Alcohol,

18 Tobacco and Firearms to other agencies or Departments

19 in the fiscal year ending on September 30, 1997: Provided

20 further, That no funds appropriated herein shall be avail21 able for salaries or administrative expenses in connection

22 with consolidating or centralizing, within the Department

23 of the Treasury, the records, or any portion thereof, of

24 acquisition and disposition of firearms maintained by Fed25 eral firearms licensees: Provided further, That no funds
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1 appropriated herein shall be used to pay administrative

2 expenses or the compensation of any officer or employee

3 of the United States to implement an amendment or

4 amendments to 27 CFR 178.118 or to change the defini5 tion of ‘‘Curios or relics’’ in 27 CFR 178.11 or remove

6 any item from ATF Publication 5300.11 as it existed on

7 January 1, 1994: Provided further, That none of the funds

8 appropriated herein shall be available to investigate or act

9 upon applications for relief from Federal firearms disabil10 ities under 18 U.S.C. 925(c): Provided further, That such

11 funds shall be available to investigate and act upon appli12 cations filed by corporations for relief from Federal fire13 arms disabilities under 18 U.S.C. 925(c): Provided further,

14 That no funds in this Act may be used to provide ballistics

15 imaging equipment to any State or local authority who

16 has obtained similar equipment through a Federal grant

17 or subsidy unless the State or local authority agrees to

18 return that equipment or to repay that grant or subsidy

19 to the Federal Government: Provided further, That no

20 funds available for separation incentive payments as au21 thorized by section 663 of this Act may be obligated with22 out the advance approval of the House and Senate Com23 mittees on Appropriations: Provided further, That no

24 funds under this Act may be used to electronically retrieve
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1 information gathered pursuant to 18 U.S.C. 923(g)(4) by

2 name or any personal identification code.

3 LABORATORY FACILITIES

4 For necessary expenses for design of a new facility

5 or facilities, to house the Bureau of Alcohol, Tobacco and

6 Firearms National Laboratory Center and the Fire Inves7 tigation Research and Development Center, not to exceed

8 185,000 occupiable square feet, $6,978,000, to remain

9 available until expended: Provided, That these funds shall

10 not be available until a prospectus of authorization for the

11 Laboratory Facilities is approved by the House Committee

12 on Transportation and Infrastructure and the Senate

13 Committee on Environment and Public Works.

14 UNITED STATES CUSTOMS SERVICE

15 SALARIES AND EXPENSES

16 For necessary expenses of the United States Customs

17 Service, including purchase of up to 1,000 motor vehicles

18 of which 960 are for replacement only, including 990 for

19 police-type use and commercial operations; hire of motor

20 vehicles; contracting with individuals for personal services

21 abroad; not to exceed $30,000 for official reception and

22 representation expenses; and awards of compensation to

23 informers, as authorized by any Act enforced by the

24 United States Customs Service; $1,487,250,000; of which

25 $65,000,000 shall be available until expended for Oper26 ation Hardline; of which $28,000,000 shall remain avail-
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1 able until expended for acquisition of aircraft and related

2 operations and maintenance associated with Operation

3 Gateway; and of which such sums as become available in

4 the Customs User Fee Account, except sums subject to

5 section 13031(f)(3) of the Consolidated Omnibus Rec6 onciliation Act of 1985, as amended (19 U.S.C. 58c(f)(3)),

7 shall be derived from that Account; of the total, not to

8 exceed $150,000 shall be available for payment for rental

9 space in connection with preclearance operations, and not

10 to exceed $4,000,000 shall be available until expended for

11 research and not to exceed $1,000,000 shall be available

12 until expended for conducting special operations pursuant

13 to 19 U.S.C. 2081 and up to $6,000,000 shall be available

14 until expended for the procurement of automation infra15 structure items, including hardware, software, and instal16 lation: Provided, That uniforms may be purchased without

17 regard to the general purchase price limitation for the cur18 rent fiscal year: Provided further, That the United States

19 Custom Service shall implement the General Aviation Tel20 ephonic Entry program within 30 days of enactment of

21 this Act: Provided further, That no funds available for sep22 aration incentive payments as authorized by section 663

23 of this Act may be obligated without the advance approval

24 of the House and Senate Committees on Appropriations:

25 Provided further, That the Spirit of St. Louis Airport in
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1 St. Louis County, Missouri, shall be designated a port of

2 entry: Provided further, That no funds under this Act may

3 be used to provide less than 30 days public notice for any

4 change in apparel regulations: Provided further, That

5 $750,000 shall be available for additional part-time and

6 temporary positions in the Honolulu Customs District:

7 Provided further, That of the funds appropriated

8 $2,500,000 may be made available for the Western Hemi9 sphere Trade Center authorized by Public Law 103–182.

10 OPERATION AND MAINTENANCE, AIR AND MARINE

11 INTERDICTION PROGRAMS

12 For expenses, not otherwise provided for, necessary

13 for the operation and maintenance of marine vessels, air14 craft, and other related equipment of the Air and Marine

15 Programs, including operational training and mission-re16 lated travel, and rental payments for facilities occupied by

17 the air or marine interdiction and demand reduction pro18 grams, the operations of which include: the interdiction

19 of narcotics and other goods; the provision of support to

20 Customs and other Federal, State, and local agencies in

21 the enforcement or administration of laws enforced by the

22 Customs Service; and, at the discretion of the Commis23 sioner of Customs, the provision of assistance to Federal,

24 State, and local agencies in other law enforcement and

25 emergency humanitarian efforts; $83,363,000, which shall
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1 remain available until expended: Provided, That no air2 craft or other related equipment, with the exception of air3 craft which is one of a kind and has been identified as

4 excess to Customs requirements and aircraft which has

5 been damaged beyond repair, shall be transferred to any

6 other Federal agency, Department, or office outside of the

7 Department of the Treasury, during fiscal year 1997 with8 out the prior approval of the House and Senate Commit9 tees on Appropriations.

10 CUSTOMS SERVICES AT SMALL AIRPORTS

11 (TO BE DERIVED FROM FEES COLLECTED)

12 Such sums as may be necessary for expenses for the

13 provision of Customs services at certain small airports or

14 other facilities when authorized by law and designated by

15 the Secretary of the Treasury, including expenditures for

16 the salary and expenses of individuals employed to provide

17 such services, to be derived from fees collected by the Sec18 retary pursuant to section 236 of Public Law 98–573 for

19 each of these airports or other facilities when authorized

20 by law and designated by the Secretary, and to remain

21 available until expended.

22 HARBOR MAINTENANCE FEE COLLECTION

23 For administrative expenses related to the collection

24 of the Harbor Maintenance Fee, pursuant to Public Law

25 103–182, $3,000,000, to be derived from the Harbor
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1 Maintenance Trust Fund and to be transferred to and

2 merged with the Customs ‘‘Salaries and Expenses’’ ac3 count for such purposes.

4 BUREAU OF THE PUBLIC DEBT

5 ADMINISTERING THE PUBLIC DEBT

6 For necessary expenses connected with any public7 debt issues of the United States; $169,735,000: Provided,

8 That the sum appropriated herein from the General Fund

9 for fiscal year 1997 shall be reduced by not more than

10 $4,400,000 as definitive security issue fees and Treasury

11 Direct Investor Account Maintenance fees are collected,

12 so as to result in a final fiscal year 1997 appropriation

13 from the General Fund estimated at $165,335,000.

14 INTERNAL REVENUE SERVICE

15 PROCESSING, ASSISTANCE, AND MANAGEMENT

16 For necessary expenses of the Internal Revenue Serv17 ice, not otherwise provided for; including processing tax

18 returns; revenue accounting; providing assistance to tax19 payers, management services, and inspection; including

20 purchase (not to exceed 150 for replacement only for po21 lice-type use) and hire of passenger motor vehicles (31

22 U.S.C. 1343(b)); and services as authorized by 5 U.S.C.

23 3109, at such rates as may be determined by the Commis24 sioner; $1,779,840,000, of which up to $3,700,000 shall

25 be for the Tax Counseling for the Elderly Program, and
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1 of which not to exceed $25,000 shall be for official recep2 tion and representation expenses.

3 TAX LAW ENFORCEMENT

4 For necessary expenses of the Internal Revenue Serv5 ice for determining and establishing tax liabilities; tax and

6 enforcement litigation; technical rulings; examining em7 ployee plans and exempt organizations; investigation and

8 enforcement activities; securing unfiled tax returns; col9 lecting unpaid accounts; statistics of income and compli10 ance research; the purchase (for police-type use, not to

11 exceed 850), and hire of passenger motor vehicles (31

12 U.S.C. 1343(b)); and services as authorized by 5 U.S.C.

13 3109, at such rates as may be determined by the Commis14 sioner $4,104,211,000, of which not to exceed $1,000,000

15 shall remain available until September 30, 1999, for re16 search.

17 INFORMATION SYSTEMS

18 For necessary expenses for data processing and tele19 communications support for Internal Revenue Service ac20 tivities, including tax systems modernization and oper21 ational information systems; the hire of passenger motor

22 vehicles (31 U.S.C. 1343(b)); and services as authorized

23 by 5 U.S.C. 3109, at such rates as may be determined

24 by the Commissioner, $1,323,075,000, of which no less

25 than $130,075,000 shall be available for Tax Systems

26 Modernization (TSM) development and deployment which
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1 shall be available until September 30, 1999, and of which

2 no less than $206,200,000 shall be available for TSM

3 Operational Systems: Provided, That none of the funds

4 made available for TSM Operational Systems shall be

5 available after July 31, 1997, unless the Department of

6 the Treasury has prepared a Request for Proposal which

7 could be used as a base for a solicitation of a contract

8 with an alternative or new Prime Contractor to manage,

9 integrate, test and implement the TSM program: Provided

10 further, That all activities associated with the development

11 of a request for proposal, contract solicitation, and con12 tract award for private sector assistance on TSM (both

13 operational systems and development and deployment sys14 tems), beyond private sector assistance which is currently

15 under contract, shall be conducted by the Department of

16 the Treasury’s Modernization Management Board: Pro17 vided further, That if the Internal Revenue Service deter18 mines that it is unable to meet deadlines established here19 in, the Secretary of the Treasury shall notify the Commit20 tees on Appropriations of the House and the Senate of

21 the delay: Provided further, That the Internal Revenue

22 Service shall submit, by February 1, 1997, a timetable for

23 implementing, by October 1, 1997, recommendations

24 made by the General Accounting Office in its July 1995

25 report, entitled: ‘‘Tax Systems Modernization: Manage-
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1 ment and Technical Weaknesses Must Be Corrected If

2 Modernization Is To Succeed’’: Provided further, That the

3 Internal Revenue Service shall submit, by December 1,

4 1996, a schedule to transfer, not later than July 31, 1997,

5 a majority of Tax Systems Modernization development,

6 deployment, management, integration, and testing, from

7 the Internal Revenue Service to the private sector.

8 INFORMATION SYSTEMS

9 (RESCISSION)

10 Of the funds made available under this heading for

11 Information Systems in Public Law 104–52,

12 $115,000,000 are rescinded, in Public Law 103–123,

13 $17,447,000 are rescinded, in Public Law 102–393,

14 $15,000,000 are rescinded, and in Public Law 102–141,

15 $27,000,000 are rescinded.

16 ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE

17 SERVICE

18 SECTION 101. Not to exceed 5 percent of any appro19 priation made available in this Act to the Internal Revenue

20 Service may be transferred to any other Internal Revenue

21 Service appropriation upon the advance approval of the

22 House and Senate Committees on Appropriations.

23 SEC. 102. The Internal Revenue Service shall main24 tain a training program to insure that Internal Revenue

25 Service employees are trained in taxpayers’ rights, in deal-
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1 ing courteously with the taxpayers, and in cross-cultural

2 relations.

3 SEC. 103. The funds provided in this Act for the In4 ternal Revenue Service shall be used to provide as a mini5 mum, the fiscal year 1995 level of service, staffing, and

6 funding for Taxpayer Services.

7 SEC. 104. No funds available in this Act to the Inter8 nal Revenue Service for separation incentive payments as

9 authorized by section 663 of this Act may be obligated

10 without the advance approval of the House and Senate

11 Committees on Appropriations.

12 SEC. 105. The Internal Revenue Service (IRS)

13 may proceed with its field support reorganization in fiscal

14 year 1997 after it submits its report, no earlier than

15 March 1, 1997, to the Committees on Appropriations of

16 the House and Senate only if the IRS maintains, in fiscal

17 year 1997, the current level of taxpayer service employees

18 that work on cases generated through walk in visits and

19 telephone calls to IRS offices.

20 SEC. 106. Funds made available by this or any other

21 Act to the Internal Revenue Service shall be available for

22 improved facilities and increased manpower to provide suf23 ficient and effective 1–800 help line for taxpayers. The

24 Commissioner shall make the improvement of the IRS 1–

25 800 help line service a priority and allocate resources nec-
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1 essary to increase phone lines and staff to improve the

2 IRS 1–800 help line service.

3 SEC. 107. No funds made available by this Act, or

4 any other Act, to the Internal Revenue Service may be

5 used to pay for the design and printing of more than two

6 ink colors on the covers of income tax packages, and such

7 ink colors must be the same colors as used to print the

8 balance of the material in each package.

9 SEC. 108. Notwithstanding any other provision of

10 law, no field support reorganization of the Internal Reve11 nue Service shall be undertaken in Aberdeen, South Da12 kota until the Internal Revenue Service toll-free help

13 phone line assistance program reaches at least an 80 per14 cent service level. The Commissioner shall submit to Con15 gress a report and the GAO shall certify to Congress that

16 the 80 percent service level has been met.

17 UNITED STATES SECRET SERVICE

18 SALARIES AND EXPENSES

19 For necessary expenses of the United States Secret

20 Service, including purchase (not to exceed 702 vehicles for

21 police-type use, of which 665 shall be for replacement

22 only), and hire of passenger motor vehicles; hire of air23 craft; training and assistance requested by State and local

24 governments, which may be provided without reimburse25 ment; services of expert witnesses at such rates as may
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1 be determined by the Director; rental of buildings in the

2 District of Columbia, and fencing, lighting, guard booths,

3 and other facilities on private or other property not in

4 Government ownership or control, as may be necessary to

5 perform protective functions; for payment of per diem and/

6 or subsistence allowances to employees where a protective

7 assignment during the actual day or days of the visit of

8 a protectee require an employee to work 16 hours per day

9 or to remain overnight at his or her post of duty; the con10 ducting of and participating in firearms matches; presen11 tation of awards; and for travel of Secret Service employ12 ees on protective missions without regard to the limita13 tions on such expenditures in this or any other Act: Pro14 vided, That approval is obtained in advance from the

15 House and Senate Committees on Appropriations; for re16 pairs, alterations, and minor construction at the James

17 J. Rowley Secret Service Training Center; for research

18 and development; for making grants to conduct behavioral

19 research in support of protective research and operations;

20 not to exceed $20,000 for official reception and represen21 tation expenses; not to exceed $50,000 to provide technical

22 assistance and equipment to foreign law enforcement orga23 nizations in counterfeit investigations; for payment in ad24 vance for commercial accommodations as may be nec25 essary to perform protective functions; and for uniforms
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1 without regard to the general purchase price limitation for

2 the current fiscal year: Provided further, That 3 U.S.C.

3 203(a) is amended by deleting ‘‘but not exceeding twelve

4 hundred in number’’; $528,262,000, of which $1,200,000

5 shall be available as a grant for activities related to the

6 investigations of missing and exploited children and shall

7 remain available until expended.

8 SALARIES AND EXPENSES

9 (RESCISSION)

10 Of the funds made available under this heading in

11 Public Law 104–52, $7,600,000 are rescinded.

12 ACQUISITION, CONSTRUCTION, IMPROVEMENT, AND

13 RELATED EXPENSES

14 (INCLUDING TRANSFER OF FUNDS)

15 For necessary expenses of construction, repair, alter16 ation, and improvement of facilities, $37,365,000, of

17 which $8,200,000 shall be available for the Rowley Secret

18 Service Training Center, to remain available until ex19 pended: Provided, That funds previously provided under

20 the title, ‘‘Treasury Buildings and Annex Repair and Res21 toration,’’ for the Secret Service’s Headquarters Building,

22 shall be transferred to this account: Provided further, That

23 funds for the Rowley Secret Service Training Center shall

24 not be available until a prospectus authorizing such facili25 ties is approved in accordance with the Public Buildings

26 Act of 1959, as amended, except that funds may be ex-
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1 pended for required expenses in connection with the devel2 opment of a proposed prospectus.

3 GENERAL PROVISIONS—DEPARTMENT OF THE

4 TREASURY

5 SECTION 111. Any obligation or expenditure by the

6 Secretary in connection with law enforcement activities of

7 a Federal agency or a Department of the Treasury law

8 enforcement organization in accordance with 31 U.S.C.

9 9703(g)(4)(B) from unobligated balances remaining in the

10 Fund on September 30, 1997, shall be made in compliance

11 with the reprogramming guidelines contained in the House

12 and Senate reports accompanying this Act.

13 SEC. 112. Appropriations to the Treasury Depart14 ment in this Act shall be available for uniforms or allow15 ances therefor, as authorized by law (5 U.S.C. 5901), in16 cluding maintenance, repairs, and cleaning; purchase of

17 insurance for official motor vehicles operated in foreign

18 countries; purchase of motor vehicles without regard to the

19 general purchase price limitations for vehicles purchased

20 and used overseas for the current fiscal year; entering into

21 contracts with the Department of State for the furnishing

22 of health and medical services to employees and their de23 pendents serving in foreign countries; and services author24 ized by 5 U.S.C. 3109.
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1 SEC. 113. None of the funds appropriated by this

2 title shall be used in connection with the collection of any

3 underpayment of any tax imposed by the Internal Revenue

4 Code of 1986 unless the conduct of officers and employees

5 of the Internal Revenue Service in connection with such

6 collection, including any private sector employees under

7 contract to the Internal Revenue Service, complies with

8 subsection (a) of section 805 (relating to communications

9 in connection with debt collection), and section 806 (relat10 ing to harassment or abuse), of the Fair Debt Collection

11 Practices Act (15 U.S.C. 1692).

12 SEC. 114. The Internal Revenue Service shall insti13 tute policies and procedures which will safeguard the con14 fidentiality of taxpayer information.

15 SEC. 115. The funds provided to the Bureau of Alco16 hol Tobacco and Firearms for fiscal year 1997 in this Act

17 for the enforcement of the Federal Alcohol Administration

18 Act shall be expended in a manner so as not to diminish

19 enforcement efforts with respect to section 105 of the Fed20 eral Alcohol Administration Act.

21 SEC. 116. Paragraph (3)(C) of section 9703(g) of

22 title 31, United States Code, is amended—

23 (1) by striking in the third sentence ‘‘and at

24 the end of each fiscal year thereafter’’;
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1 (2) by inserting in lieu thereof ‘‘1994, 1995,

2 and 1996’’; and

3 (3) by adding at the end the following new sen4 tence: ‘‘At the end of fiscal year 1997, and at the

5 end of each fiscal year thereafter, the Secretary shall

6 reserve any amounts that are required to be retained

7 in the Fund to ensure the availability of amounts in

8 the subsequent fiscal year for purposes authorized

9 under subsection (a).’’

10 SEC. 117. Of the funds available to the Internal Reve11 nue Service, $13,000,000 shall be made available to con12 tinue the private sector debt collection program which was

13 initiated in fiscal year 1996 and $13,000,000 shall be

14 transferred to the Departmental Offices appropriation to

15 initiate a new private sector debt collection program: Pro16 vided, That the transfer provided herein shall be in addi17 tion to any other transfer authority contained in this Act.

18 SEC. 118. Section 923(j) of title 18, United States

19 Code, is amended by striking the period after the last sen20 tence, and inserting the following: ‘‘, including the right

21 of a licensee to conduct ‘curios or relics’ firearms transfers

22 and business away from their business premises with an23 other licensee without regard as to whether the location

24 of where the business is conducted is located in the State

25 specified on the license of either licensee.’’.
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1 This title may be cited as the ‘‘Treasury Department

2 Appropriations Act, 1997’’.

3 TITLE II—POSTAL SERVICE

4 PAYMENTS TO THE POSTAL SERVICE

5 PAYMENT TO THE POSTAL SERVICE FUND

6 For payment to the Postal Service Fund for revenue

7 forgone on free and reduced rate mail, pursuant to sub8 sections (c) and (d) of section 2401 of title 39, United

9 States Code, $85,080,000: Provided, That mail for over10 seas voting and mail for the blind shall continue to be free:

11 Provided further, That 6-day delivery and rural delivery

12 of mail shall continue at not less than the 1983 level: Pro13 vided further, That none of the funds made available to

14 the Postal Service by this Act shall be used to implement

15 any rule, regulation, or policy of charging any officer or

16 employee of any State or local child support enforcement

17 agency, or any individual participating in a State or local

18 program of child support enforcement, a fee for informa19 tion requested or provided concerning an address of a

20 postal customer: Provided further, That none of the funds

21 provided in this Act shall be used to consolidate or close

22 small rural and other small post offices in the fiscal year

23 ending on September 30, 1997.
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1 PAYMENT TO THE POSTAL SERVICE FUND FOR

2 NONFUNDED LIABILITIES

3 For payment to the Postal Service Fund for meeting

4 the liabilities of the former Post Office Department to the

5 Employees’ Compensation Fund pursuant to 39 United

6 States Code 2004, $35,536,000.

7 TITLE III—EXECUTIVE OFFICE OF THE

8 PRESIDENT AND FUNDS APPROPRIATED TO

9 THE PRESIDENT

10 COMPENSATION OF THE PRESIDENT AND THE WHITE

11 HOUSE OFFICE

12 COMPENSATION OF THE PRESIDENT

13 For compensation of the President, including an ex14 pense allowance at the rate of $50,000 per annum as au15 thorized by 3 U.S.C. 102, $250,000: Provided, That none

16 of the funds made available for official expenses shall be

17 expended for any other purpose and any unused amount

18 shall revert to the Treasury pursuant to section 1552 of

19 title 31, United States Code: Provided further, That none

20 of the funds made available for official expenses shall be

21 considered as taxable to the President.

22 SALARIES AND EXPENSES

23 For necessary expenses for the White House as au24 thorized by law, including not to exceed $3,850,000 for

25 services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 105;
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1 including subsistence expenses as authorized by 3 U.S.C.

2 105, which shall be expended and accounted for as pro3 vided in that section; hire of passenger motor vehicles,

4 newspapers, periodicals, teletype news service, and travel

5 (not to exceed $100,000 to be expended and accounted

6 for as provided by 3 U.S.C. 103); not to exceed $19,000

7 for official entertainment expenses, to be available for allo8 cation within the Executive Office of the President;

9 $40,193,000: Provided, That $420,000 of the funds ap10 propriated may not be obligated until the Director of the

11 Office of Administration has submitted, and the Commit12 tees on Appropriations of the House and Senate have ap13 proved, a report that identifies, evaluates, and prioritizes

14 all computer systems investments planned for fiscal year

15 1997, a milestone schedule for the development and imple16 mentation of all projects included in the systems invest17 ment plan, and a systems architecture plan.

18 EXECUTIVE RESIDENCE AT THE WHITE HOUSE

19 OPERATING EXPENSES

20 For the care, maintenance, repair and alteration, re21 furnishing, improvement, heating and lighting, including

22 electric power and fixtures, of the Executive Residence at

23 the White House and official entertainment expenses of

24 the President, $7,827,000, to be expended and accounted

25 for as provided by 3 U.S.C. 105, 109–110, 112–114.
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1 SPECIAL ASSISTANCE TO THE PRESIDENT AND THE

2 OFFICIAL RESIDENCE OF THE VICE PRESIDENT

3 SALARIES AND EXPENSES

4 For necessary expenses to enable the Vice President

5 to provide assistance to the President in connection with

6 specially assigned functions, services as authorized by 5

7 U.S.C. 3109 and 3 U.S.C. 106, including subsistence ex8 penses as authorized by 3 U.S.C. 106, which shall be ex9 pended and accounted for as provided in that section; and

10 hire of passenger motor vehicles; $3,280,000: Provided,

11 That $150,000 of the funds appropriated may not be obli12 gated until the Director of the Office of Administration

13 has submitted, and the Committees on Appropriations of

14 the House and Senate have approved, a report that identi15 fies, 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 OPERATING EXPENSES

21 For the care, operation, refurnishing, improvement,

22 heating and lighting, including electric power and fixtures,

23 of the official residence of the Vice President, the hire of

24 passenger motor vehicles, and not to exceed $90,000 for

25 official entertainment expenses of the Vice President, to
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1 be accounted for solely on his certificate; $324,000: Pro2 vided, That advances or repayments or transfers from this

3 appropriation may be made to any department or agency

4 for expenses of carrying out such activities: Provided fur5 ther, That $8,000 of the funds appropriated may not be

6 obligated until the Director of the Office of Administration

7 has submitted for approval to the Committees on Appro8 priations of the House and Senate a report that identifies,

9 evaluates, and prioritizes all computer systems invest10 ments planned for fiscal year 1997, a milestone schedule

11 for the development and implementation of all projects in12 cluded in the systems investment plan, and a systems ar13 chitecture plan.

14 COUNCIL OF ECONOMIC ADVISERS

15 SALARIES AND EXPENSES

16 For necessary expenses of the Council in carrying out

17 its functions under the Employment Act of 1946 (15

18 U.S.C. 1021), $3,439,000.

19 OFFICE OF POLICY DEVELOPMENT

20 SALARIES AND EXPENSES

21 For necessary expenses of the Office of Policy Devel22 opment, including services as authorized by 5 U.S.C.

23 3109, and 3 U.S.C. 107; $3,867,000: Provided, That

24 $45,000 of the funds appropriated may not be obligated

25 until the Director of the Office of Administration has sub-
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1 mitted, and the Committees on Appropriations of the

2 House and Senate have approved, a report that identifies,

3 evaluates, and prioritizes all computer systems invest4 ments planned for fiscal year 1997, a milestone schedule

5 for the development and implementation of all projects in6 cluded in the systems investment plan, and a systems ar7 chitecture plan.

8 NATIONAL SECURITY COUNCIL

9 SALARIES AND EXPENSES

10 For necessary expenses of the National Security

11 Council, including services as authorized by 5 U.S.C.

12 3109, $6,648,000: Provided, That $3,000 of the funds ap13 propriated may not be obligated until the Director of the

14 Office of Administration has submitted, and the Commit15 tees on Appropriations of the House and Senate have ap16 proved, a report that identifies, evaluates, and prioritizes

17 all computer systems investments planned for fiscal year

18 1997, a milestone schedule for the development and imple19 mentation of all projects included in the systems invest20 ment plan, and a systems architecture plan.

21 OFFICE OF ADMINISTRATION

22 SALARIES AND EXPENSES

23 For necessary expenses of the Office of Administra24 tion, $26,100,000, including services as authorized by 5

25 U.S.C. 3109 and 3 U.S.C. 107, and hire of passenger
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1 motor vehicles: Provided, That $340,700 of the funds ap2 propriated may not be obligated until the Director of the

3 Office of Administration has submitted, and the Commit4 tees on Appropriations of the House and Senate have ap5 proved, a report that identifies, evaluates, and prioritizes

6 all computer systems investments planned for fiscal year

7 1997, a milestone schedule for the development and imple8 mentation of all projects included in the systems invest9 ment plan, and a systems architecture plan.

10 OFFICE OF MANAGEMENT AND BUDGET

11 SALARIES AND EXPENSES

12 For necessary expenses of the Office of Management

13 and Budget, including hire of passenger motor vehicles,

14 services as authorized by 5 U.S.C. 3109, $55,573,000, of

15 which not to exceed $5,000,000 shall be available to carry

16 out the provisions of 44 U.S.C. chapter 35: Provided,

17 That, as provided in 31 U.S.C. 1301(a), appropriations

18 shall be applied only to the objects for which appropria19 tions were made except as otherwise provided by law: Pro20 vided further, That none of the funds appropriated in this

21 Act for the Office of Management and Budget may be

22 used for the purpose of reviewing any agricultural market23 ing orders or any activities or regulations under the provi24 sions of the Agricultural Marketing Agreement Act of

25 1937 (7 U.S.C. 601 et seq.): Provided further, That none
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1 of the funds made available for the Office of Management

2 and Budget by this Act may be expended for the altering

3 of the transcript of actual testimony of witnesses, except

4 for testimony of officials of the Office of Management and

5 Budget, before the House and Senate Committees on Ap6 propriations or the House and Senate Committees on Vet7 erans’ Affairs or their subcommittees: Provided further,

8 That this proviso shall not apply to printed hearings re9 leased by the House and Senate Committees on Appro10 priations or the House and Senate Committees on Veter11 ans’ Affairs.

12 OFFICE OF NATIONAL DRUG CONTROL POLICY

13 SALARIES AND EXPENSES

14 (INCLUDING TRANSFER OF FUNDS)

15 For necessary expenses of the Office of National

16 Drug Control Policy; for research activities pursuant to

17 title I of Public Law 100–690; not to exceed $8,000 for

18 official reception and representation expenses; and for par19 ticipation in joint projects or in the provision of services

20 on matters of mutual interest with nonprofit, research, or

21 public organizations or agencies, with or without reim22 bursement; $35,838,000, of which $19,000,000 shall re23 main available until expended, consisting of $1,000,000

24 for policy research and evaluation and $18,000,000 for the

25 Counter-Drug Technology Assessment Center for
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1 counternarcotics research and development projects of

2 which $1,000,000 shall be obligated for state conferences

3 on model state drug laws: Provided, That the $17,000,000

4 for the Counter-Drug Technology Assessment Center shall

5 be available for transfer to other Federal departments or

6 agencies: Provided further, That the Office is authorized

7 to accept, hold, administer, and utilize gifts, both real and

8 personal, for the purpose of aiding or facilitating the work

9 of the Office: Provided further, That not before January

10 31, 1997, the Director of the Office of National Drug Con11 trol Policy shall transfer all balances in the Special For12 feiture Fund established by section 6073 of the Anti-Drug

13 Abuse Act of 1988 (21 U.S.C. § 1509) to the Treasury

14 Forfeiture Fund (31 U.S.C. 9703(a)).

15 FEDERAL DRUG CONTROL PROGRAMS

16 HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

17 (INCLUDING TRANSFER OF FUNDS)

18 For necessary expenses of the Office of National

19 Drug Control Policy’s High Intensity Drug Trafficking

20 Areas Program, $127,102,000 for drug control activities

21 consistent with the approved strategy for each of the des22 ignated High Intensity Drug Trafficking Areas, of which

23 $3,000,000 shall be used for a newly designated High In24 tensity Drug Trafficking Area in Lake County, Indiana;

25 of which $6,000,000 shall be used for a newly designated

26 High Intensity Drug Trafficking Area for the Gulf Coast
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1 States of Louisiana, Alabama, and Mississippi; of which

2 $8,000,000 shall be used for a newly designated High In3 tensity Drug Trafficking Area dedicated to combating

4 methamphetamine use, production and trafficking in a five

5 State area including Iowa, Missouri, Nebraska, South Da6 kota, and Kansas; of which $3,000,000 shall be used for

7 a newly designated High Intensity Drug Trafficking Area

8 in the State of Colorado; of which $3,000,000 shall be

9 used for a newly designated High Intensity Drug Traffick10 ing Area in the Pacific Northwest; of the total amount

11 appropriated, including transferred funds, no less than

12 $71,000,000 shall be transferred to State and local enti13 ties for drug control activities, and up to $69,207,000 may

14 be transferred to Federal agencies and departments at a

15 rate to be determined by the Director: Provided, That the

16 funds made available under this head shall be obligated

17 within 90 days of the date of enactment of this Act.

18 This title may be cited as the ‘‘Executive Office Ap19 propriations Act, 1997’’.

20 TITLE IV—INDEPENDENT AGENCIES

21 COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE

22 BLIND OR SEVERELY DISABLED

23 SALARIES AND EXPENSES

24 For necessary expenses of the Committee for Pur25 chase From People Who Are Blind or Severely Disabled
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1 established by the Act of June 23, 1971, Public Law 92–

2 28; $1,800,000.

3 FEDERAL ELECTION COMMISSION

4 SALARIES AND EXPENSES

5 For necessary expenses to carry out the provisions

6 of the Federal Election Campaign Act of 1971, as amend7 ed, $28,165,000, of which no less than $2,500,000 shall

8 be available for internal automated data processing sys9 tems, and of which not to exceed $5,000 shall be available

10 for reception and representation expenses.

11 FEDERAL LABOR RELATIONS AUTHORITY

12 SALARIES AND EXPENSES

13 For necessary expenses to carry out functions of the

14 Federal Labor Relations Authority, pursuant to Reorga15 nization Plan Numbered 2 of 1978, and the Civil Service

16 Reform Act of 1978, including services as authorized by

17 5 U.S.C. 3109, including hire of experts and consultants,

18 hire of passenger motor vehicles, rental of conference

19 rooms in the District of Columbia and elsewhere;

20 $21,588,000: Provided, That public members of the Fed21 eral Service Impasses Panel may be paid travel expenses

22 and per diem in lieu of subsistence as authorized by law

23 (5 U.S.C. 5703) for persons employed intermittently in

24 the Government service, and compensation as authorized

25 by 5 U.S.C. 3109: Provided further, That notwithstanding
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1 31 U.S.C. 3302, funds received from fees charged to non2 Federal participants at labor-management relations con3 ferences shall be credited to and merged with this account,

4 to be available without further appropriation for the costs

5 of carrying out these conferences.

6 GENERAL SERVICES ADMINISTRATION

7 FEDERAL BUILDINGS FUND

8 LIMITATIONS ON AVAILABILITY OF REVENUE

9 (INCLUDING TRANSFER OF FUNDS)

10 For additional expenses necessary to carry out the

11 purpose of the Fund established pursuant to section

12 210(f) of the Federal Property and Administrative Serv13 ices Act of 1949, as amended (40 U.S.C. 490(f)),

14 $400,544,000, to be deposited into said Fund. The reve15 nues and collections deposited into the Fund shall be avail16 able for necessary expenses of real property management

17 and related activities not otherwise provided for, including

18 operation, maintenance, and protection of federally owned

19 and leased buildings; rental of buildings in the District

20 of Columbia; restoration of leased premises; moving gov21 ernmental agencies (including space adjustments and tele22 communications relocation expenses) in connection with

23 the assignment, allocation and transfer of space; contrac24 tual services incident to cleaning or servicing buildings,

25 and moving; repair and alteration of federally owned build26 ings including grounds, approaches and appurtenances;
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1 care and safeguarding of sites; maintenance, preservation,

2 demolition, and equipment; acquisition of buildings and

3 sites by purchase, condemnation, or as otherwise author4 ized by law; acquisition of options to purchase buildings

5 and sites; conversion and extension of federally owned

6 buildings; preliminary planning and design of projects by

7 contract or otherwise; construction of new buildings (in8 cluding equipment for such buildings); and payment of

9 principal, interest, taxes, and any other obligations for

10 public buildings acquired by installment purchase and pur11 chase contract, in the aggregate amount of

12 $5,555,544,000 of which (1) not to exceed $657,711,000

13 shall remain available until expended for construction of

14 additional projects and at maximum construction improve15 ment costs (including funds for sites and expenses and as16 sociated design and construction services) as follows:

17 New Construction:

18 California:

19 Fresno, Federal Building and U.S. Courthouse,

20 $6,595,000

21 Colorado:

22 Denver, Rogers Federal Building-U.S. Court23 house, $9,545,000

24 District of Columbia:

25 U.S. Courthouse Annex, $5,703,000
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1 Florida:

2 Miami, U.S. Courthouse, $24,990,000

3 Orlando, U.S. Courthouse, $9,514,000

4 Kentucky:

5 Covington, U.S. Courthouse, $17,134,000

6 London, U.S. Courthouse, $13,732,000

7 Montana:

8 Babb, Piegan Border Station, $333,000

9 Sweetgrass, Border Station, $1,059,000

10 Nevada:

11 Las Vegas, U.S. Courthouse, $83,719,000

12 New York:

13 Brooklyn, U.S. Courthouse, $169,000,000

14 Ohio:

15 Cleveland, U.S. Courthouse, $128,559,000

16 Youngstown, U.S. Courthouse, $15,813,000

17 Oregon:

18 Portland, Consolidated Law Federal Office

19 Building, $4,750,000

20 Pennsylvania:

21 Erie, U.S. Courthouse Annex, $3,300,000

22 Philadelphia, DVA-Federal Complex, Phase II,

23 $13,765,000

24 South Carolina:

25 Columbia, U.S. Courthouse Annex, $43,848,000
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1 Texas:

2 Corpus Christi, U.S. Courthouse, $24,161,000

3 Utah:

4 Salt Lake City, Moss U.S. Courthouse Annex

5 and Alteration, $11,474,000

6 Washington:

7 Blaine, U.S. Border Station, $13,978,000

8 Oroville, U.S. Border Station, $1,452,000

9 Seattle, U.S. Courthouse, $16,853,000

10 Sumas, U.S. Border Station (Claim),

11 $1,177,000

12 Nationwide:

13 Non-prospectus construction projects,

14 $10,000,000

15 Security Enhancements, $27,256,000:

16 Provided, That each of the immediately foregoing limits

17 of costs on new construction projects may be exceeded to

18 the extent that savings are affected in other such projects,

19 but not to exceed 10 percent unless advance approval is

20 obtained from the House and Senate Committees on Ap21 propriations of a greater amount: Provided further, That

22 the cost of future U.S. Courthouse annex projects shall

23 reflect savings through improving design efficiencies, cur24 tailing planned interior finishes, requiring more efficient

25 use of courtroom and library space, and by otherwise lim-
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1 iting space requirements: Provided further, That from

2 funds available in the Federal Buildings Fund,

3 $20,000,000 shall be available until expended for environ4 mental clean up activities at the Southeast Federal Center

5 in the District of Columbia and $81,000,000 shall be

6 available until expended for design and construction activi7 ties at the Consolidated Law Federal Office Building in

8 Portland, Oregon: Provided further, That from funds

9 available for non-prospectus construction projects,

10 $250,000 may be available until expended for the acquisi11 tion, lease, construction, and equipping of flexiplace work

12 telecommuting centers in West Virginia: Provided further,

13 That all funds for direct construction projects shall expire

14 on September 30, 1999: (2) not to exceed $639,000,000

15 shall remain available until expended, for repairs and al16 terations which includes associated design and construc17 tion services: Provided further, That funds in the Federal

18 Buildings Fund for Repairs and Alterations shall, for pro19 spectus projects, be limited to the amount by project as

20 follows, except each project may be increased by an

21 amount not to exceed 10 per centum unless advance ap22 proval is obtained from the Committees on Appropriations

23 of the House and Senate of a greater amount:

24 Repairs and alterations:

25 District of Columbia:
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1 Ariel Rios Building, $62,740,000

2 Justice Department, Phase 1 of 3, $50,000,000

3 Lafayette Building, $5,166,000

4 Hawaii:

5 Honolulu, Prince Jonah Kuhio Kalanianaole

6 Federal Building and U.S. Courthouse, $4,140,000

7 Illinois:

8 Chicago, Everett M. Dirksen Federal Building,

9 $18,844,000

10 Chicago, John C. Kluczynski, Jr. Federal

11 Building (IRS), $13,414,000

12 Louisiana:

13 New Orleans, Customhouse, $3,500,000

14 Maryland:

15 Montgomery County, White Oak environmental

16 clean up activities, $10,000,000

17 Massachusetts:

18 Andover, IRS Regional Service Center,

19 $812,000

20 New Hampshire:

21 Concord, J.C. Cleveland Federal Building,

22 $8,251,000

23 New Jersey:

24 Camden, U.S. Post Office-Courthouse

25 $11,096,000
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1 New York:

2 Albany, James T. Foley Post Office-Court3 house, $3,880,000

4 Brookhaven, IRS Service Center, $2,272,000

5 New York, Jacob K. Javits Federal Building,

6 $13,651,000

7 Pennsylvania:

8 Scranton, Federal Building-U.S. Courthouse,

9 $10,610,000

10 Rhode Island:

11 Providence, Federal Building-U.S. Courthouse,

12 $8,209,000

13 Texas:

14 Fort Worth, Federal Center, $11,259,000

15 Nationwide:

16 Chlorofluorocarbons Program, $23,456,000

17 Elevator Program, $10,000,000

18 Energy Program, $20,000,000

19 Security Enhancements, various buildings,

20 $2,700,000

21 Basic Repairs and Alterations, $345,000,000:

22 Provided further, That additional projects for which

23 prospectuses have been fully approved may be funded

24 under this category only if advance approval is obtained

25 from the Committees on Appropriations of the House and
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1 Senate: Provided further, That the amounts provided in

2 this or any prior Act for Repairs and Alterations may be

3 used to fund costs associated with implementing security

4 improvements to buildings necessary to meet the minimum

5 standards for security in accordance with current law and

6 in compliance with the reprogramming guidelines of the

7 appropriate Committees of the House and Senate: Pro8 vided further, That funds in the Federal Buildings Fund

9 for Repairs and Alterations shall, for prospectus projects,

10 be limited to the originally authorized amount, except each

11 project may be increased by an amount not to exceed 10

12 percent when advance approval is obtained from the Com13 mittees on Appropriations of the House and Senate of a

14 greater amount: Provided further, That the difference be15 tween the funds appropriated and expended on any

16 projects in this or any prior Act, under the heading ‘‘Re17 pairs and Alterations’’, may be transferred to Basic Re18 pairs and Alterations or used to fund authorized increases

19 in prospectus projects: Provided further, That from funds

20 made available for Basic Repairs and Alterations,

21 $8,000,000 shall be made available for renovation of the

22 Agricultural Research Service Laboratory in Ames, Iowa,

23 which is currently occupied by the Animal and Plant

24 Health Inspection Service: Provided further, That from

25 funds made available for Basic Repairs and Alterations,
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1 $1,450,000 may be available for the renovation of the Pio2 neer Courthouse located at 520 SW Morrison, in Portland,

3 Oregon: Provided further, That from funds made available

4 for Basic Repairs and Alterations, $6,000,000 shall be

5 used for necessary expenses associated with ongoing con6 struction of the U.S. Courthouse in Montgomery, Ala7 bama: Provided further, That from funds made available

8 for Basic Repairs and Alterations, $100,000 shall be

9 transferred to the National Park Service ‘‘Construction’’

10 appropriation for restoration and maintenance of the

11 multi-purpose field at Wallenberg Place in Washington,

12 DC: Provided further, That all funds for repairs and alter13 ations prospectus projects shall expire on September 30,

14 1999, and remain in the Federal Buildings Fund except

15 funds for projects as to which funds for design or other

16 funds have been obligated in whole or in part prior to such

17 date: Provided further, That the amount provided in this

18 or any prior Act for Basic Repairs and Alterations may

19 be used to pay claims against the Government arising

20 from any projects under the heading ‘‘Repairs and Alter21 ations’’ or used to fund authorized increases in prospectus

22 projects: Provided further, That $5,700,000 of the funds

23 provided under this heading in Public Law 103–329, for

24 the IRS Service Center, Holtsville, New York, shall be

25 available until September 30, 1998; (3) not to exceed
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1 $173,075,000 for installment acquisition payments includ2 ing payments on purchase contracts which shall remain

3 available until expended: Provided further, That up to

4 $1,500,000 shall be available for a design prospectus of

5 the Federal Building and U.S. Courthouse located at 811

6 Grand Avenue in Kansas City, Missouri; (4) not to exceed

7 $2,343,795,000 for rental of space which shall remain

8 available until expended; and (5) not to exceed

9 $1,552,651,000 for building operations which shall remain

10 available until expended and of which $8,000,000 shall be

11 transferred to the ‘‘Policy and Operations’’ appropriation:

12 Provided further, That funds available to the General Serv13 ices Administration shall not be available for expenses in

14 connection with any construction, repair, alteration, and

15 acquisition project for which a prospectus, if required by

16 the Public Buildings Act of 1959, as amended, has not

17 been approved, except that necessary funds may be ex18 pended for each project for required expenses in connec19 tion with the development of a proposed prospectus: Pro20 vided further, That the Administrator of General Services

21 shall, at the earliest practicable date, initiate discussions

22 with the Smithsonian Institution on the feasibility of

23 transferring Federal Building 10B located at 600 Inde24 pendence Avenue SW., Washington, DC to the Smithso25 nian Institution at such price and under such terms and
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1 conditions as determined appropriate by the Administrator

2 and subject to the prior approval of the appropriate au3 thorizing and appropriations committees of the Congress:

4 Provided further, That funds provided in this Act under

5 the heading ‘‘Security Enhancements, various buildings’’

6 may be used, by project in accordance with an approved

7 prospectus: Provided further, That the Administrator is

8 authorized in fiscal year 1997 and thereafter, to enter into

9 and perform such leases, contracts, or other transactions

10 with any agency or instrumentality of the United States,

11 the several States, or the District of Columbia, or with

12 any person, firm, association, or corporation, as may be

13 necessary to implement the trade center plan at the Fed14 eral Triangle Project and is hereby granted all the rights

15 and authorities of the former Pennsylvania Avenue Devel16 opment Corporation (PADC) with regard to property

17 transferred from the PADC to the General Services Ad18 ministration in fiscal year 1996: Provided further, That

19 notwithstanding any other provision of law, the Adminis20 trator of General Services is hereby authorized to use all

21 funds transferred from the PADC or income earned on

22 PADC properties for activities associated with carrying

23 out the responsibilities of the PADC transferred to the

24 Administrator of General Services and that any such in25 come earned on or after April 1, 1996, shall be deposited
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1 to the Pennsylvania Avenue Activities account and shall

2 remain available until expended: Provided further, That

3 any funds or income as may be deemed by the Adminis4 trator as excess to the amount needed to fulfill the PADC

5 responsibilities transferred to the Administrator of Gen6 eral Services, shall be applied to any outstanding debt,

7 with the exception of debt associated with the Ronald

8 Reagan Building and International Trade Center, in9 curred by the PADC in the course of acquiring real estate:

10 Provided further, That with respect to real property trans11 ferred from the PADC to the General Services Adminis12 tration pursuant to section 313 of Public Law 104–134,

13 Title III, General Provisions, the Administrator of General

14 Services is hereafter authorized and directed to make pay15 ments required by section 10(b) of the PADC Act of 1972,

16 Public Law 92–578 in the same manner as previously paid

17 by the PADC: Provided further, That for the purposes of

18 this authorization, buildings constructed pursuant to the

19 purchase contract authority of the Public Buildings

20 Amendments of 1972 (40 U.S.C. 602a), buildings occu21 pied pursuant to installment purchase contracts, and

22 buildings under the control of another department or

23 agency where alterations of such buildings are required

24 in connection with the moving of such other department

25 or agency from buildings then, or thereafter to be, under
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1 the control of the General Services Administration shall

2 be considered to be federally owned buildings: Provided

3 further, That funds available in the Federal Buildings

4 Fund may be expended for emergency repairs when ad5 vance approval is obtained from the Committees on Appro6 priations of the House and Senate: Provided further, That

7 amounts necessary to provide reimbursable special services

8 to other agencies under section 210(f)(6) of the Federal

9 Property and Administrative Services Act of 1949, as

10 amended (40 U.S.C. 490(f)(6)) and amounts to provide

11 such reimbursable fencing, lighting, guard booths, and

12 other facilities on private or other property not in Govern13 ment ownership or control as may be appropriate to enable

14 the United States Secret Service to perform its protective

15 functions pursuant to 18 U.S.C. 3056, as amended, shall

16 be available from such revenues and collections: Provided

17 further, That revenues and collections and any other sums

18 accruing to this Fund during fiscal year 1997, excluding

19 reimbursements under section 210(f)(6) of the Federal

20 Property and Administrative Services Act of 1949 (40

21 U.S.C. 490(f)(6)) in excess of $5,555,544,000 shall re22 main in the Fund and shall not be available for expendi23 ture except as authorized in appropriations Acts.

24 POLICY AND OPERATIONS

25 For expenses authorized by law, not otherwise pro26 vided for, for Government-wide policy and oversight activi-
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1 ties associated with asset management activities; utiliza2 tion and donation of surplus personal property; transpor3 tation management activities; procurement and supply

4 management activities; Government-wide and internal re5 sponsibilities relating to automated data management,

6 telecommunications, information resources management,

7 and related technology activities; utilization survey, deed

8 compliance inspection, appraisal, environmental and cul9 tural analysis, and land use planning functions pertaining

10 to excess and surplus real property; agency-wide policy di11 rection; Board of Contract Appeals; accounting, records

12 management, and other support services incident to adju13 dication of Indian Tribal Claims by the United States

14 Court of Federal Claims; services as authorized by 5

15 U.S.C. 3109; and not to exceed $5,000 for official recep16 tion and representation expenses; $110,173,000.

17 OFFICE OF INSPECTOR GENERAL

18 For necessary expenses of the Office of Inspector

19 General and services authorized by 5 U.S.C. 3109,

20 $33,863,000: Provided, That not to exceed $5,000 shall

21 be available for payment for information and detection of

22 fraud against the Government, including payment for re23 covery of stolen Government property: Provided further,

24 That not to exceed $2,500 shall be available for awards

25 to employees of other Federal agencies and private citizens
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1 in recognition of efforts and initiatives resulting in en2 hanced Office of Inspector General effectiveness.

3 ALLOWANCES AND OFFICE STAFF FOR FORMER

4 PRESIDENTS

5 For carrying out the provisions of the Act of August

6 25, 1958, as amended (3 U.S.C. 102 note), and Public

7 Law 95–138, $2,180,000: Provided, That the Adminis8 trator of General Services shall transfer to the Secretary

9 of the Treasury such sums as may be necessary to carry

10 out the provisions of such Acts.

11 EXPENSES, PRESIDENTIAL TRANSITION

12 For expenses necessary to carry out the Presidential

13 Transition Act of 1963, as amended (3 U.S.C. 102 note),

14 $5,600,000.

15 GENERAL PROVISIONS—GENERAL SERVICES

16 ADMINISTRATION

17 SEC. 401. The appropriate appropriation or fund

18 available to the General Services Administration shall be

19 credited with the cost of operation, protection, mainte20 nance, upkeep, repair, and improvement, included as part

21 of rentals received from Government corporations pursu22 ant to law (40 U.S.C. 129).

23 SEC. 402. Funds available to the General Services

24 Administration shall be available for the hire of passenger

25 motor vehicles.
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1 SEC. 403. Funds in the Federal Buildings Fund

2 made available for fiscal year 1997 for Federal Buildings

3 Fund activities may be transferred between such activities

4 only to the extent necessary to meet program require5 ments: Provided, That any proposed transfers shall be ap6 proved in advance by the Committees on Appropriations

7 of the House and Senate.

8 SEC. 404. No funds made available by this Act shall

9 be used to transmit a fiscal year 1998 request for United

10 States Courthouse construction that does not meet the de11 sign guide standards for construction as established by the

12 General Services Administration, the Judicial Conference

13 of the United States, and the Office of Management and

14 Budget and does not reflect the priorities of the Judicial

15 Conference of the United States as set out in its approved

16 5-year construction plan: Provided, That the request must

17 be accompanied by a standardized courtroom utilization

18 study of each facility to be replaced or expanded.

19 SEC. 405. None of the funds provided in this Act may

20 be used to increase the amount of occupiable square feet,

21 provide cleaning services, security enhancements, or any

22 other service usually provided through the Federal Build23 ings Fund, to any agency which does not pay the re24 quested rate per square foot assessment for space and

25 services as determined by the General Services Adminis-
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1 tration in compliance with the Public Buildings Amend2 ments Act of 1972 (Public Law 92–313).

3 SEC. 406. The Administrator of the General Services

4 is directed to ensure that the materials used for the facade

5 on the United States Courthouse Annex, Savannah, Geor6 gia project are compatible with the existing Savannah

7 Federal Building-U.S. Courthouse facade, in order to en8 sure compatibility of this new facility with the Savannah

9 historic district and to ensure that the Annex will not en10 danger the National Landmark status of the Savannah

11 historic district.

12 SEC. 407. (a) Section 210 of the Federal Property

13 and Administrative Services Act of 1949 (40 U.S.C. 490)

14 is amended by adding at the end the following new sub15 section:

16 ‘‘(l)(1) The Administrator may establish, acquire

17 space for, and equip flexiplace work telecommuting centers

18 (in this subsection referred to as ‘telecommuting centers’)

19 for use by employees of Federal agencies, State and local

20 governments, and the private sector in accordance with

21 this subsection.

22 ‘‘(2) The Administrator may make any telecommut23 ing center available for use by individuals who are not

24 Federal employees to the extent the center is not being

25 fully utilized by Federal employees. The Administrator
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1 shall give Federal employees priority in using the tele2 commuting centers.

3 ‘‘(3)(A) The Administrator shall charge user fees for

4 the use of any telecommuting center. The amount of the

5 user fee shall approximate commercial charges for com6 parable space and services except that in no instance shall

7 such fee be less than that necessary to pay the cost of

8 establishing and operating the center, including the rea9 sonable cost of renovation and replacement of furniture,

10 fixtures, and equipment.

11 ‘‘(B) Amounts received by the Administrator after

12 September 30, 1993, as user fees for use of any tele13 commuting center may be deposited into the Fund estab14 lished under subsection (f) of this section and may be used

15 by the Administrator to pay costs incurred in the estab16 lishment and operation of the center.

17 ‘‘(4) The Administrator may provide guidance, assist18 ance, and oversight to any person regarding establishment

19 and operation of alternative workplace arrangements, such

20 as telecommuting, hoteling, virtual offices, and other dis21 tributive work arrangements.

22 ‘‘(5) In considering whether to acquire any space,

23 quarters, buildings, or other facilities for use by employees

24 of any executive agency, the head of that agency shall con25 sider whether the need for the facilities can be met using
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1 alternative workplace arrangements referred to in para2 graph (4).’’.

3 (b) Section 13 of the Public Building Act of 1959,

4 as amended, (107 Stat. 438; 40 U.S.C. 612) is amended—

5 (1) by striking ‘‘(xi)’’ and inserting in lieu

6 thereof ‘‘(xii)’’; and

7 (2) by striking ‘‘and (x)’’ and inserting in lieu

8 thereof ‘‘(x) telecommuting centers and (xi)’’.

9 SEC. 408. Notwithstanding any other provision of

10 law, the Administrator of General Services is authorized

11 and directed to acquire the land bounded by S.W. First

12 Avenue, S.W. Second Avenue, S.W. Main Street, and S.W.

13 Madison Street, Portland, Oregon, for the purposes of

14 constructing the proposed Law Enforcement Center on the

15 site.

16 SEC. 409. Section 2815 of Public Law 103–160, re17 lating to the conveyance of real property at the Iowa Army

18 Ammunition Plant, is amended—

19 (1) in subsection (a), by striking ‘‘may convey

20 to’’ and inserting ‘‘shall convey, without reimburse21 ment and if requested by,’’; and

22 (2) by striking subsection (b) and inserting the

23 following new subsection:

24 ‘‘(b) USE OF WATER AND SEWER LINES.—As part

25 of the conveyance under subsection (a), the Secretary shall
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1 permit the City to use existing water and sewer lines and

2 sewage system at the Iowa Army Ammunition Plant for

3 a three-year period beginning on the date of the convey4 ance.’’.

5 SEC. 410. (a) CONVEYANCE OF LAND.—

6 (1) ADMINISTRATOR OF GENERAL SERVICES.—

7 Subject to subsections (b) and (c), the Administrator

8 of General Services (hereinafter in this section re9 ferred to as the ‘‘Administrator’’) shall convey, with10 out compensation, to a nonprofit organization known

11 as the ‘‘Beaver County Corporation for Economic

12 Development’’ all right, title, and interest of the

13 United States in and to those pieces or parcels of

14 land in Hopewell Township, Pennsylvania, described

15 in subsection (b), together with all improvements

16 thereon and appurtenances thereto. The purpose of

17 the conveyance is to provide a site for economic de18 velopment in Hopewell Township.

19 (2) PROPERTY DESCRIPTION.—The land re20 ferred to in paragraph (1) is the parcel of land in

21 the township of Hopewell, county of Beaver, Penn22 sylvania, bounded and described as follows:

23 (A) Beginning at the southwest corner at

24 a point common to Lot No. 1, same plan, lands

25 now or formerly of Frank and Catherine
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1 Wutter, and the easterly right-of-way line of

2 Pennsylvania Legislative Route No. 60 (Beaver

3 Valley Expressway); thence proceeding by the

4 easterly right-of-way of Pennsylvania Legisla5 tive Route No. 60 by the following three

6 courses and distances:

7 (i) North 17 degrees, 14 minutes, 20

8 seconds West, 213.10 feet to a point.

9 (ii) North 72 degrees, 45 minutes, 40

10 seconds East, 30.00 feet to a point.

11 (iii) North 17 degrees, 14 minutes, 20

12 seconds West, 252.91 feet to a point; on a

13 line dividing Lot No. 1 from the other part

14 of Lot No. 1, said part now called Lot No.

15 5, same plan; thence by last mentioned di16 viding line, North 78 degrees, 00 minutes,

17 00 seconds East; 135.58 feet to a point, a

18 cul-de-sac on Industrial Drive; thence by

19 said cul-de-sac and the southerly side of

20 Industrial Drive by the following courses

21 and distances:

22 (I) By a curve to the right hav23 ing a radius of 100.00 feet for an arc

24 distance of 243.401 feet to a point.
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1 (II) Thence by a curve to the

2 right having a radius of 100.00 feet

3 for an arc distance of 86.321 feet to

4 a point.

5 (III) Thence by 78 degrees, 00

6 minutes, 00 seconds East, 777.78 feet

7 to a point.

8 (IV) Thence, North 12 degrees,

9 00 minutes, 00 seconds West, 74.71

10 feet to a point.

11 (V) Thence by a curve to the

12 right, having a radius of 50.00 feet

13 for an arc distance of 78.54 feet to a

14 point.

15 (VI) Thence North 78 degrees,

16 00 minutes, 00 seconds East, 81.24

17 feet to a point.

18 (VII) Thence by a curve to the

19 right, having a radius of 415.00 feet

20 for an arc distance of 140.64 feet to

21 a point.

22 (VIII) Thence, South 82 degrees,

23 35 minutes, 01 second East, 125.00

24 feet to a point.
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1 (IX) Thence, South 7 degrees, 24

2 minutes, 59 seconds West, 5.00 feet

3 to a point.

4 (X) Thence by a curve to the

5 right, having a radius of 320.00 feet

6 for an arc distance of 256.85 feet to

7 a point.

8 (XI) Thence by a curve to the

9 right having a radius of 50.00 feet for

10 an arc distance of 44.18 feet to a

11 point on the northerly side of Airport

12 Road.

13 (B) Thence by the northerly side thereof

14 by the following:

15 (i) South 14 degrees, 01 minutes, 54

16 seconds, West, 56.94 feet to a point.

17 (ii) Thence by a curve to the right

18 having a radius of 225.00 feet for an arc

19 distance of 207.989 feet to a point.

20 (iii) Thence South 66 degrees, 59

21 minutes, 45 seconds West, 192.08 feet to

22 a point on the southern boundary of Lot

23 No. 1, which line is also the line dividing

24 Lot No. 1 from lands now or formerly, of

25 Frank and Catherine Wutter.
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1 (C) Thence by the same, South 75 degrees,

2 01 minutes, 00 seconds West, 1,351.23 feet to

3 a point at the place of beginning.

4 (3) DATE OF CONVEYANCE.—The date of the

5 conveyance of property required under paragraph

6 (1) shall be not later than the 90th day following the

7 date of the enactment of this Act.

8 (4) CONVEYANCE TERMS.—

9 (A) TERMS AND CONDITIONS.—The con10 veyance of property required under paragraph

11 (1) shall be subject to such terms and condi12 tions as may be determined by the Adminis13 trator to be necessary to safeguard the interests

14 of the United States. Such terms and condi15 tions shall be consistent with the terms and

16 conditions set forth in this section.

17 (B) QUITCLAIM DEED.—The conveyance of

18 property required under paragraph (1) shall be

19 by quitclaim deed.

20 (b) LIMITATION ON CONVEYANCE.—No part of any

21 land conveyed under subsection (a) may be used, during

22 the 30-year period beginning on the date of conveyance

23 for any purpose other than economic development.

24 (c) REVERSIONARY INTEREST.—
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1 (1) IN GENERAL.—The property conveyed

2 under subsection (a) shall revert to the United

3 States on any date in the 30-year period beginning

4 on the date of such conveyance on which the prop5 erty is used for a purpose other than economic devel6 opment.

7 (2) ENFORCING REVERSION.—The Adminis8 trator shall perform all acts necessary to enforce any

9 reversion of property to the United States under this

10 subsection.

11 (3) INVENTORY OF PUBLIC BUILDINGS SERV12 ICE.—Property that reverts to the United States

13 under this subsection shall be under the control of

14 the General Services Administration.

15 SEC. 411. Notwithstanding any other provision of

16 law, the land contained in block 111 in the Federal Dis17 trict, Denver, Colorado, obtained pursuant to paragraphs

18 (6) and (7) of section 12(b) of Public Law 94–204 (43

19 U.S.C. 1611 note) shall not be subject to condemnation

20 by any agency or instrumentality of the Federal Govern21 ment, without the consent of the owner of that land.
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1 JOHN F. KENNEDY ASSASSINATION RECORDS REVIEW

2 BOARD

3 For necessary expenses to carry out the John F. Ken4 nedy Assassination Records Collection Act of 1992,

5 $2,150,000.

6 MERIT SYSTEMS PROTECTION BOARD

7 SALARIES AND EXPENSES

8 (INCLUDING TRANSFER OF FUNDS)

9 For necessary expenses to carry out functions of the

10 Merit Systems Protection Board pursuant to Reorganiza11 tion Plan Numbered 2 of 1978 and the Civil Service Re12 form Act of 1978, including services as authorized by 5

13 U.S.C. 3109, rental of conference rooms in the District

14 of Columbia and elsewhere, hire of passenger motor vehi15 cles, and direct procurement of survey printing,

16 $23,923,000, together with not to exceed $2,430,000 for

17 administrative expenses to adjudicate retirement appeals

18 to be transferred from the Civil Service Retirement and

19 Disability Fund in amounts determined by the Merit Sys20 tems Protection Board.

21 NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

22 OPERATING EXPENSES

23 For necessary expenses in connection with the admin24 istration of the National Archives (including the Informa25 tion Security Oversight Office) and records and related ac-
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1 tivities, as provided by law, and for expenses necessary

2 for the review and declassification of documents, and for

3 the hire of passenger motor vehicles, $196,963,000: Pro4 vided, That the Archivist of the United States is author5 ized to use any excess funds available from the amount

6 borrowed for construction of the National Archives facil7 ity, for expenses necessary to move into the facility.

8 ARCHIVES FACILITIES AND PRESIDENTIAL LIBRARIES

9 REPAIRS AND RESTORATION

10 For the repair, alteration, and improvement of ar11 chives facilities and presidential libraries, and to provide

12 adequate storage for holdings, $16,229,000 to remain

13 available until expended.

14 NATIONAL HISTORICAL PUBLICATIONS AND RECORDS

15 COMMISSION

16 GRANTS PROGRAM

17 For necessary expenses for allocations and grants for

18 historical publications and records as authorized by 44

19 U.S.C. 2504, as amended, $5,000,000 to remain available

20 until expended.

21 OFFICE OF GOVERNMENT ETHICS

22 SALARIES AND EXPENSES

23 For necessary expenses to carry out functions of the

24 Office of Government Ethics pursuant to the Ethics in

25 Government Act of 1978, as amended by Public Law 100–

26 598, and the Ethics Reform Act of 1989, Public Law 101–
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1 194, including services as authorized by 5 U.S.C. 3109,

2 rental of conference rooms in the District of Columbia and

3 elsewhere, hire of passenger motor vehicles, and not to ex4 ceed $1,500 for official reception and representation ex5 penses; $8,078,000.

6 OFFICE OF PERSONNEL MANAGEMENT

7 SALARIES AND EXPENSES

8 (INCLUDING TRANSFER OF TRUST FUNDS)

9 For necessary expenses to carry out functions of the

10 Office of Personnel Management pursuant to Reorganiza11 tion Plan Numbered 2 of 1978 and the Civil Service Re12 form Act of 1978, including services as authorized by 5

13 U.S.C. 3109; medical examinations performed for veterans

14 by private physicians on a fee basis; rental of conference

15 rooms in the District of Columbia and elsewhere; hire of

16 passenger motor vehicles; not to exceed $2,500 for official

17 reception and representation expenses; advances for reim18 bursements to applicable funds of the Office of Personnel

19 Management and the Federal Bureau of Investigation for

20 expenses incurred under Executive Order 10422 of Janu21 ary 9, 1953, as amended; and payment of per diem and/

22 or subsistence allowances to employees where Voting

23 Rights Act activities require an employee to remain over24 night at his or her post of duty; $87,076,000, of which

25 not to exceed $1,000,000 shall be available for the estab-
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1 lishment of health promotion and disease prevention pro2 grams for Federal employees; and in addition $94,736,000

3 for administrative expenses, to be transferred from the ap4 propriate trust funds of the Office of Personnel Manage5 ment without regard to other statutes, including direct

6 procurement of printing materials for annuitants, for the

7 retirement and insurance programs, of which $3,500,000

8 shall be transferred at such times as the Office of Person9 nel Management deems appropriate, and shall remain

10 available until expended for the costs of automating the

11 retirement recordkeeping systems, together with remain12 ing amounts authorized in previous Acts for the record13 keeping systems: Provided, That the provisions of this ap14 propriation shall not affect the authority to use applicable

15 trust funds as provided by section 8348(a)(1)(B) of title

16 5, United States Code: Provided further, That, except as

17 may be consistent with 5 U.S.C. 8902a(f)(1) and (i), no

18 payment may be made from the Employees Health Bene19 fits Fund to any physician, hospital, or other provider of

20 health care services or supplies who is, at the time such

21 services or supplies are provided to an individual covered

22 under chapter 89 of title 5, United States Code, excluded,

23 pursuant to section 1128 or 1128A of the Social Security

24 Act (42 U.S.C. 1320a–7–1320a–7a), from participation in

25 any program under title XVIII of the Social Security Act
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1 (42 U.S.C. 1395 et seq.): Provided further, That no part

2 of this appropriation shall be available for salaries and ex3 penses of the Legal Examining Unit of the Office of Per4 sonnel Management established pursuant to Executive

5 Order 9358 of July 1, 1943, or any successor unit of like

6 purpose: Provided further, That the President’s Commis7 sion on White House Fellows, established by Executive

8 Order 11183 of October 3, 1964, may, during the fiscal

9 year ending September 30, 1997, accept donations of

10 money, property, and personal services in connection with

11 the development of a publicity brochure to provide infor12 mation about the White House Fellows, except that no

13 such donations shall be accepted for travel or reimburse14 ment of travel expenses, or for the salaries of employees

15 of such Commission.

16 GENERAL PROVISIONS—OFFICE OF PERSONNEL

17 MANAGEMENT

18 SEC. 421. The first sentence of section 1304(e)(1)

19 of title 5, United States Code, is amended by inserting

20 after ‘‘basis’’ the following ‘‘, including personnel manage21 ment services performed at the request of individual agen22 cies (which would otherwise be the responsibility of such

23 agencies), or at the request of nonappropriated fund in24 strumentalities’’.

25 SEC. 422. Paragraph (1) of section 8906(e) of title

26 5, United States Code, is amended—
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1 (1) by striking the last sentence of that para2 graph and redesignating the remainder of that para3 graph as (1)(A);

4 (2) by adding at the end of paragraph (1)(A)

5 (as so designated) the following:

6 ‘‘(B) During each pay period in which an en7 rollment continues under subparagraph (A)—

8 ‘‘(i) employee and Government contribu9 tions required by this section shall be paid on

10 a current basis; and

11 ‘‘(ii) if necessary, the head of the employ12 ing agency shall approve advance payment, re13 coverable in the same manner as under section

14 5524a(c), of a portion of basic pay sufficient to

15 pay current employee contributions.

16 ‘‘(C) Each agency shall establish procedures for

17 accepting direct payments of employee contributions

18 for the purposes of this paragraph.’’.

19 OFFICE OF INSPECTOR GENERAL

20 SALARIES AND EXPENSES

21 (INCLUDING TRANSFER OF TRUST FUNDS)

22 For necessary expenses of the Office of Inspector

23 General in carrying out the provisions of the Inspector

24 General Act, as amended, including services as authorized

25 by 5 U.S.C. 3109, hire of passenger motor vehicles,
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1 $960,000; and in addition, not to exceed $8,645,000 for

2 administrative expenses to audit the Office of Personnel

3 Management’s retirement and insurance programs, to be

4 transferred from the appropriate trust funds of the Office

5 of Personnel Management, as determined by the Inspector

6 General: Provided, That the Inspector General is author7 ized to rent conference rooms in the District of Columbia

8 and elsewhere.

9 GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES

10 HEALTH BENEFITS

11 For payment of Government contributions with re12 spect to retired employees, as authorized by chapter 89

13 of title 5, United States Code, and the Retired Federal

14 Employees Health Benefits Act (74 Stat. 849), as amend15 ed, such sums as may be necessary.

16 GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE

17 LIFE INSURANCE

18 For payment of Government contributions with re19 spect to employees retiring after December 31, 1989, as

20 required by chapter 87 of title 5, United States Code, such

21 sums as may be necessary.

22 PAYMENT TO CIVIL SERVICE RETIREMENT AND

23 DISABILITY FUND

24 For financing the unfunded liability of new and in25 creased annuity benefits becoming effective on or after Oc-
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1 tober 20, 1969, as authorized by 5 U.S.C. 8348, and an2 nuities under special Acts to be credited to the Civil Serv3 ice Retirement and Disability Fund, such sums as may

4 be necessary: Provided, That annuities authorized by the

5 Act of May 29, 1944, as amended, and the Act of August

6 19, 1950, as amended (33 U.S.C. 771–75), may hereafter

7 be paid out of the Civil Service Retirement and Disability

8 Fund.

9 OFFICE OF SPECIAL COUNSEL

10 SALARIES AND EXPENSES

11 For necessary expenses to carry out functions of the

12 Office of Special Counsel pursuant to Reorganization Plan

13 Numbered 2 of 1978, the Civil Service Reform Act of

14 1978 (Public Law 95–454), the Whistleblower Protection

15 Act of 1989 (Public Law 101–12), Public Law 103–424,

16 and the Uniformed Services Employment and Reemploy17 ment Act of 1994 (Public Law 103–353), including serv18 ices as authorized by 5 U.S.C. 3109, payment of fees and

19 expenses for witnesses, rental of conference rooms in the

20 District of Columbia and elsewhere, and hire of passenger

21 motor vehicles; $8,116,000.

22 UNITED STATES TAX COURT

23 SALARIES AND EXPENSES

24 For necessary expenses, including contract reporting

25 and other services as authorized by 5 U.S.C. 3109,
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1 $33,781,000: Provided, That travel expenses of the judges

2 shall be paid upon the written certificate of the judge.

3 This title may be cited as the ‘‘Independent Agencies

4 Appropriations Act, 1997’’.

5 TITLE V—GENERAL PROVISIONS

6 THIS ACT

7 SECTION 501. No part of any appropriation con8 tained in this Act shall remain available for obligation be9 yond the current fiscal year unless expressly so provided

10 herein.

11 SEC. 502. The expenditure of any appropriation

12 under this Act for any consulting service through procure13 ment contract, pursuant to 5 U.S.C. 3109, shall be limited

14 to those contracts where such expenditures are a matter

15 of public record and available for public inspection, except

16 where otherwise provided under existing law, or under ex17 isting Executive order issued pursuant to existing law.

18 SEC. 503. Section 5131 of title 31, United States

19 Code, is amended—

20 (1) by striking subsection (c); and

21 (2) by redesignating subsection (d) as sub22 section (c).

23 SEC. 504. None of the funds made available by this

24 Act shall be available for any activity or for paying the

25 salary of any Government employee where funding an ac-
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1 tivity or paying a salary to a Government employee would

2 result in a decision, determination, rule, regulation, or pol3 icy that would prohibit the enforcement of section 307 of

4 the Tariff Act of 1930.

5 SEC. 505. None of the funds made available by this

6 Act shall be available for the purpose of transferring con7 trol over the Federal Law Enforcement Training Center

8 located at Glynco, Georgia, and Artesia, New Mexico, out

9 of the Treasury Department.

10 SEC. 506. No part of any appropriation contained in

11 this Act shall be used for publicity or propaganda purposes

12 within the United States not heretofore authorized by the

13 Congress.

14 SEC. 507. No part of any appropriation contained in

15 this Act shall be available for the payment of the salary

16 of any officer or employee of the United States Postal

17 Service, who—

18 (1) prohibits or prevents, or attempts or threat19 ens to prohibit or prevent, any officer or employee

20 of the United States Postal Service from having any

21 direct oral or written communication or contact with

22 any Member or committee of Congress in connection

23 with any matter pertaining to the employment of

24 such officer or employee or pertaining to the United

25 States Postal Service in any way, irrespective of
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1 whether such communication or contact is at the ini2 tiative of such officer or employee or in response to

3 the request or inquiry of such Member or committee;

4 or

5 (2) removes, suspends from duty without pay,

6 demotes, reduces in rank, seniority, status, pay, or

7 performance of efficiency rating, denies promotion

8 to, relocates, reassigns, transfers, disciplines, or dis9 criminates in regard to any employment right, enti10 tlement, or benefit, or any term or condition of em11 ployment of, any officer or employee of the United

12 States Postal Service, or attempts or threatens to

13 commit any of the foregoing actions with respect to

14 such officer or employee, by reason of any commu15 nication or contact of such officer or employee with

16 any Member or committee of Congress as described

17 in paragraph (1).

18 SEC. 508. The Office of Personnel Management may,

19 during the fiscal year ending September 30, 1997, accept

20 donations of supplies, services, land, and equipment for

21 the Federal Executive Institute and Management Develop22 ment Centers to assist in enhancing the quality of Federal

23 management.

24 SEC. 509. The United States Secret Service may,

25 during the fiscal year ending September 30, 1997, and
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1 hereafter, accept donations of money to offset costs in2 curred while protecting former Presidents and spouses of

3 former Presidents when the former President or spouse

4 travels for the purpose of making an appearance or speech

5 for a payment of money or any thing of value.

6 SEC. 510. No part of any appropriation contained in

7 this Act shall be available to pay the salary for any person

8 filling a position, other than a temporary position, for9 merly held by an employee who has left to enter the Armed

10 Forces of the United States and has satisfactorily com11 pleted his period of active military or naval service and

12 has within 90 days after his release from such service or

13 from hospitalization continuing after discharge for a pe14 riod of not more than 1 year made application for restora15 tion to his former position and has been certified by the

16 Office of Personnel Management as still qualified to per17 form the duties of his former position and has not been

18 restored thereto.

19 SEC. 511. None of the funds made available in this

20 Act may be used to provide any non-public information

21 such as mailing or telephone lists to any person or any

22 organization outside of the Federal Government without

23 the approval of the House and Senate Committees on Ap24 propriations.
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1 SEC. 512. No funds appropriated pursuant to this

2 Act may be expended by an entity unless the entity agrees

3 that in expending the assistance the entity will comply

4 with sections 2 through 4 of the Act of March 3, 1933

5 (41 U.S.C. 10a–10c, popularly known as the ‘‘Buy Amer6 ican Act’’).

7 SEC. 513. (a) PURCHASE OF AMERICAN-MADE

8 EQUIPMENT AND PRODUCTS.—In the case of any equip9 ment or products that may be authorized to be purchased

10 with financial assistance provided under this Act, it is the

11 sense of the Congress that entities receiving such assist12 ance should, in expending the assistance, purchase only

13 American-made equipment and products.

14 (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In

15 providing financial assistance under this Act, the Sec16 retary of the Treasury shall provide to each recipient of

17 the assistance a notice describing the statement made in

18 subsection (a) by the Congress.

19 SEC. 514. If it has been finally determined by a court

20 or Federal agency that any person intentionally affixed a

21 label bearing a ‘‘Made in America’’ inscription, or any in22 scription with the same meaning, to any product sold in

23 or shipped to the United States that is not made in the

24 United States, such person shall be ineligible to receive

25 any contract or subcontract made with funds provided
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1 pursuant to this Act, pursuant to the debarment, suspen2 sion, and ineligibility procedures described in sections

3 9.400 through 9.409 of title 48, Code of Federal Regula4 tions.

5 SEC. 515. Except as otherwise specifically provided

6 by law, not to exceed 50 percent of unobligated balances

7 remaining available at the end of fiscal year 1997 from

8 appropriations made available for salaries and expenses

9 for fiscal year 1997 in this Act, shall remain available

10 through September 30, 1998, for each such account for

11 the purposes authorized: Provided, That a request shall

12 be submitted to the House and Senate Committees on Ap13 propriations for approval prior to the expenditure of such

14 funds.

15 SEC. 516. Where appropriations in this Act are ex16 pendable for travel expenses of employees and no specific

17 limitation has been placed thereon, the expenditures for

18 such travel expenses may not exceed the amount set forth

19 in the budget estimates submitted for appropriations with20 out the advance approval of the House and Senate Com21 mittees on Appropriations: Provided, That this section

22 shall not apply to travel performed by uncompensated offi23 cials of local boards and appeal boards in the Selective

24 Service System; to travel performed directly in connection

25 with care and treatment of medical beneficiaries of the De-
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1 partment of Veterans Affairs; to travel of the Office of

2 Personnel Management in carrying out its observation re3 sponsibilities of the Voting Rights Act; or to payments to

4 interagency motor pools separately set forth in the budget

5 schedules: Provided further, That this provision does not

6 apply to accounts that do not contain an object identifica7 tion for travel.

8 SEC. 517. Notwithstanding any other provision of law

9 or regulation during the fiscal year ending September 30,

10 1997, and thereafter:

11 (1) The authority of the special police officers

12 of the Bureau of Engraving and Printing, in the

13 Washington, DC Metropolitan area, extends to

14 buildings and land under the custody and control of

15 the Bureau; to buildings and land acquired by or for

16 the Bureau through lease, unless otherwise provided

17 by the acquisition agency; to the streets, sidewalks

18 and open areas immediately adjacent to the Bureau

19 along Wallenberg Place (15th Street) and 14th

20 Street between Independence and Maine Avenues

21 and C and D Streets between 12th and 14th

22 Streets; to areas which include surrounding parking

23 facilities used by Bureau employees, including the

24 lots at 12th and C Streets, SW, Maine Avenue and

25 Water Streets, SW, Maiden Lane, the Tidal Basin
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1 and East Potomac Park; to the protection in transit

2 of United States securities, plates and dies used in

3 the production of United States securities, or other

4 products or implements of the Bureau of Engraving

5 and Printing which the Director of that agency so

6 designates.

7 (2) The authority of the special police officers

8 of the United States Mint extends to the buildings

9 and land under the custody and control of the Mint;

10 to the streets, sidewalks and open areas in the vicin11 ity to such facilities; to surrounding parking facili12 ties used by Mint employees; and to the protection

13 in transit of bullion, coins, dies, and other property

14 and assets of, or in the custody of, the Mint.

15 (3) The exercise of police authority by Bureau

16 or Mint officers, with the exception of the exercise

17 of authority upon property under the custody and

18 control of the Bureau or the Mint, respectively, shall

19 be deemed supplementary to the Federal police force

20 with primary jurisdictional responsibility. This au21 thority shall be in addition to any other law enforce22 ment authority which has been provided to these of23 ficers under other provisions of law or regulations.

24 SEC. 518. No funds appropriated by this Act shall

25 be available to pay for an abortion, or the administrative
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1 expenses in connection with any health plan under the

2 Federal employees health benefit program which provides

3 any benefits or coverage for abortions.

4 SEC. 519. The provision of section 518 shall not

5 apply where the life of the mother would be endangered

6 if the fetus were carried to term, or the pregnancy is the

7 result of an act of rape or incest.

8 SEC. 520. No part of any appropriation made avail9 able in this Act shall be used to implement Bureau of Al10 cohol, Tobacco and Firearms Ruling TD ATF–360; Re:

11 Notice Nos. 782, 780, 91F009P.

12 SEC. 521. Notwithstanding title 5, United States

13 Code, Personal Service Contractors (PSC) employed by

14 the Department of the Treasury shall be considered as

15 Federal Government employees for purposes of making

16 available Federal employee health and life insurance.

17 SEC. 522. Section 5131 of title 31, United States

18 Code, is amended by striking subsection (c); and by re19 designating subsection (d) as subsection (c).

20 SEC. 523. Section 5112(i)(4) of title 31, United

21 States Code, is amended by adding at the end the follow22 ing new subparagraph:

23 ‘‘(C) The Secretary may continue to mint and issue

24 coins in accordance with the specifications contained in

25 paragraphs (7), (8), (9), and (10) of subsection (a) and
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1 paragraph (1)(A) of this subsection at the same time the

2 Secretary in minting and issuing other bullion and proof

3 gold coins under this subsection in accordance with such

4 program procedures and coin specifications, designs, vari5 eties, quantities, denominations, and inscriptions as the

6 Secretary, in the Secretary’s discretion, may prescribe

7 from time to time.’’: Provided, That profits generated

8 from the sale of gold to the United States Mint for this

9 program shall be considered as a receipt to be deposited

10 into the General Fund of the Treasury.

11 SEC. 524. Section 5112 of title 31, United States

12 Code, is amended by adding at the end the following new

13 subsection:

14 ‘‘(k) The Secretary may mint and issue bullion and

15 proof platinum coins in accordance with such specifica16 tions, designs, varieties, quantities, denominations, and in17 scriptions as the Secretary, in the Secretary’s discretion,

18 may prescribe from time to time.’’: Provided, That the

19 Secretary is authorized to use Government platinum re20 serves stockpiled at the United States Mint as working

21 inventory and shall ensure that reserves utilized are re22 placed by the Mint.

23 SEC. 526. (a) REIMBURSEMENT OF CERTAIN ATTOR24 NEY FEES AND COSTS.—
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1 (1) IN GENERAL.—The Secretary of the Treas2 ury shall pay from amounts appropriated in title I

3 of this Act under the heading, ‘‘Departmental Of4 fices, Salaries and Expenses’’, up to $500,000 to re5 imburse former employees of the White House Trav6 el Office whose employment in that Office was ter7 minated on May 19, 1993, for any attorney fees and

8 costs they incurred with respect to that termination.

9 (2) VERIFICATION REQUIRED.—The Secretary

10 shall pay an individual in full under paragraph (1)

11 upon submission by the individual of documentation

12 verifying the attorney fees and costs.

13 (3) NO INFERENCE OF LIABILITY.—Liability of

14 the United States shall not be inferred from enact15 ment of or payment under this subsection.

16 (b) LIMITATION ON FILING OF CLAIMS.—The Sec17 retary of the Treasury shall not pay any claim filed under

18 this section that is filed later than 120 days after the date

19 of the enactment of this Act.

20 (c) LIMITATION.—Payments under subsection (a)

21 shall not include attorney fees or costs incurred with re22 spect to any Congressional hearing or investigation into

23 the termination of employment of the former employees

24 of the White House Travel Office.
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1 (d) REDUCTION.—The amount paid pursuant to this

2 section to an individual for attorney fees and costs de3 scribed in subsection (a) shall be reduced by any amount

4 received before the date of the enactment of this Act, with5 out obligation for repayment by the individual, for pay6 ment of such attorney fees and costs (including any

7 amount received from the funds appropriated for the indi8 vidual in the matter relating to the ‘‘Office of the General

9 Counsel’’ under the heading ‘‘Office of the Secretary’’ in

10 title I of the Department of Transportation and Related

11 Agencies Appropriations Act, 1994).

12 (e) PAYMENT IN FULL SETTLEMENT OF CLAIMS

13 AGAINST THE UNITED STATES.—Payment under this sec14 tion, when accepted by an individual described in sub15 section (a), shall be in full satisfaction of all claims of,

16 or on behalf of, the individual against the United States

17 that arose out of the termination of the White House

18 Travel Office employment of that individual on May 19,

19 1993.

20 SEC. 527. None of the funds made available in this

21 Act may be used by the Executive Office of the President

22 to request from the Federal Bureau of Investigation any

23 official background investigation report on any individual,

24 except when it is made known to the Federal official hav25 ing authority to obligate or expend such funds that—
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1 (1) such individual has given his or her express

2 written consent for such request not more than 6

3 months prior to the date of such request and during

4 the same presidential administration; or

5 (2) such request is required due to extraor6 dinary circumstances involving national security.

7 SEC. 528. (a) CLOSING OF ALLEY.—The alley bisect8 ing the property on which a facility is being constructed

9 for use by the United States Government at 930 H Street,

10 N.W., Washington, District of Columbia, is closed to the

11 public, without regard to any contingencies.

12 (b) JURISDICTION.—The Administrator of General

13 Services shall have administrative jurisdiction over, and

14 shall hold title on behalf of the United States in, the alley,

15 property, and facility referred to in subsection (a).

16 SEC. 529. (a) COMMEMORATIVE COIN PROGRAM RE17 STRICTIONS.—Section 5112 of title 31, United States

18 Code, as amended by sections 524 and 530 of this Act,

19 is amended by adding at the end the following new sub20 section:

21 ‘‘(m) COMMEMORATIVE COIN PROGRAM RESTRIC22 TIONS.—

23 ‘‘(1) MAXIMUM NUMBER.—Beginning January

24 1, 1999, the Secretary may mint and issue com25 memorative coins under this section during any cal-
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1 endar year with respect to not more than 2 com2 memorative coin programs.

3 ‘‘(2) MINTAGE LEVELS.—

4 ‘‘(A) IN GENERAL.—Except as provided in

5 subparagraph (B), in carrying out any com6 memorative coin program, the Secretary shall

7 mint—

8 ‘‘(i) not more than 750,000 clad half9 dollar coins;

10 ‘‘(ii) not more than 500,000 silver

11 one-dollar coins; and

12 ‘‘(iii) not more than 100,000 gold

13 five-dollar or ten-dollar coins.

14 ‘‘(B) EXCEPTION.—If the Secretary deter15 mines, based on independent, market-based re16 search conducted by a designated recipient or17 ganization of a commemorative coin program,

18 that the mintage levels described in subpara19 graph (A) are not adequate to meet public de20 mand for that commemorative coin, the Sec21 retary may waive one or more of the require22 ments of subparagraph (A) with respect to that

23 commemorative coin program.

24 ‘‘(C) DESIGNATED RECIPIENT ORGANIZA25 TION DEFINED.—For purposes of this para-
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1 graph, the term ‘designated recipient organiza2 tion’ means any organization designated, under

3 any provision of law, as the recipient of any

4 surcharge imposed on the sale of any numis5 matic item.’’.

6 (b) RECOVERY OF MINT EXPENSES REQUIRED BE7 FORE PAYMENT OF SURCHARGES TO ANY RECIPIENT OR8 GANIZATION.—

9 (1) CLARIFICATION OF LAW RELATING TO DE10 POSIT OF SURCHARGES IN THE NUMISMATIC PUBLIC

11 ENTERPRISE FUND.—Section 5134(c)(2) of title 31,

12 United States Code, is amended by inserting ‘‘, in13 cluding amounts attributable to any surcharge im14 posed with respect to the sale of any numismatic

15 item’’ before the period.

16 (2) CONDITIONS ON PAYMENT OF SURCHARGES

17 TO RECIPIENT ORGANIZATIONS.—Section 5134 of

18 title 31, United States Code, is amended by adding

19 at the end the following new subsection:

20 ‘‘(f) CONDITIONS ON PAYMENT OF SURCHARGES TO

21 RECIPIENT ORGANIZATIONS.—

22 ‘‘(1) PAYMENT OF SURCHARGES.—Notwith23 standing any other provision of law, no amount de24 rived from the proceeds of any surcharge imposed on

25 the sale of any numismatic item shall be paid from
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1 the fund to any designated recipient organization

2 unless—

3 ‘‘(A) all numismatic operation and pro4 gram costs allocable to the program under

5 which such numismatic item is produced and

6 sold have been recovered; and

7 ‘‘(B) the designated recipient organization

8 submits an audited financial statement that

9 demonstrates to the satisfaction of the Sec10 retary of the Treasury that, with respect to all

11 projects or purposes for which the proceeds of

12 such surcharge may be used, the organization

13 has raised funds from private sources for such

14 projects and purposes in an amount that is

15 equal to or greater than the maximum amount

16 the organization may receive from the proceeds

17 of such surcharge.

18 ‘‘(2) ANNUAL AUDITS.—

19 ‘‘(A) ANNUAL AUDITS OF RECIPIENTS RE20 QUIRED.—Each designated recipient organiza21 tion that receives any payment from the fund of

22 any amount derived from the proceeds of any

23 surcharge imposed on the sale of any numis24 matic item shall provide, as a condition for re25 ceiving any such amount, for an annual audit,
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1 in accordance with generally accepted govern2 ment auditing standards by an independent

3 public accountant selected by the organization,

4 of all such payments to the organization begin5 ning in the first fiscal year of the organization

6 in which any such amount is received and con7 tinuing until all amounts received by such orga8 nization from the fund with respect to such sur9 charges are fully expended or placed in trust.

10 ‘‘(B) MINIMUM REQUIREMENTS FOR AN11 NUAL AUDITS.—At a minimum, each audit of a

12 designated recipient organization pursuant to

13 subparagraph (A) shall report—

14 ‘‘(i) the amount of payments received

15 by the designated recipient organization

16 from the fund during the fiscal year of the

17 organization for which the audit is con18 ducted that are derived from the proceeds

19 of any surcharge imposed on the sale of

20 any numismatic item;

21 ‘‘(ii) the amount expended by the des22 ignated recipient organization from the

23 proceeds of such surcharges during the fis24 cal year of the organization for which the

25 audit is conducted; and
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1 ‘‘(iii) whether all expenditures by the

2 designated recipient organization during

3 the fiscal year of the organization for

4 which the audit is conducted from the pro5 ceeds of such surcharges were for author6 ized purposes.

7 ‘‘(C) RESPONSIBILITY OF ORGANIZATION

8 TO ACCOUNT FOR EXPENDITURES OF SUR9 CHARGES.—Each designated recipient organiza10 tion that receives any payment from the fund of

11 any amount derived from the proceeds of any

12 surcharge imposed on the sale of any numis13 matic item shall take appropriate steps, as a

14 condition for receiving any such payment, to en15 sure that the receipt of the payment and the ex16 penditure of the proceeds of such surcharge by

17 the organization in each fiscal year of the orga18 nization can be accounted for separately from

19 all other revenues and expenditures of the orga20 nization.

21 ‘‘(D) SUBMISSION OF AUDIT REPORT.—

22 Not later than 90 days after the end of any fis23 cal year of a designated recipient organization

24 for which an audit is required under subpara25 graph (A), the organization shall—
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1 ‘‘(i) submit a copy of the report to the

2 Secretary of the Treasury; and

3 ‘‘(ii) make a copy of the report avail4 able to the public.

5 ‘‘(E) USE OF SURCHARGES FOR AUDITS.—

6 Any designated recipient organization that re7 ceives any payment from the fund of any

8 amount derived from the proceeds of any sur9 charge imposed on the sale of any numismatic

10 item may use the amount received to pay the

11 cost of an audit required under subparagraph

12 (A).

13 ‘‘(F) WAIVER OF PARAGRAPH.—The Sec14 retary of the Treasury may waive the applica15 tion of any subparagraph of this paragraph to

16 any designated recipient organization for any

17 fiscal year after taking into account the amount

18 of surcharges that such organization received or

19 expended during such year.

20 ‘‘(G) NONAPPLICABILITY TO FEDERAL EN21 TITIES.—This paragraph shall not apply to any

22 Federal agency or department or any independ23 ent establishment in the executive branch that

24 receives any payment from the fund of any

25 amount derived from the proceeds of any sur-
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1 charge imposed on the sale of any numismatic

2 item.

3 ‘‘(H) AVAILABILITY OF BOOKS AND

4 RECORDS.—An organization that receives any

5 payment from the fund of any amount derived

6 from the proceeds of any surcharge imposed on

7 the sale of any numismatic item shall provide,

8 as a condition for receiving any such payment,

9 to the Inspector General of the Department of

10 the Treasury or the Comptroller General of the

11 United States, upon the request of such Inspec12 tor General or the Comptroller General, all

13 books, records, and work papers belonging to or

14 used by the organization, or by any independent

15 public accountant who audited the organization

16 in accordance with subparagraph (A), which

17 may relate to the receipt or expenditure of any

18 such amount by the organization.

19 ‘‘(3) USE OF AGENTS OR ATTORNEYS TO IN20 FLUENCE COMMEMORATIVE COIN LEGISLATION.—No

21 portion of any payment from the fund to any des22 ignated recipient organization of any amount derived

23 from the proceeds of any surcharge imposed on the

24 sale of any numismatic item may be used, directly

25 or indirectly, by the organization to compensate any
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1 agent or attorney for services rendered to support or

2 influence in any way legislative action of the Con3 gress relating to such numismatic item.

4 ‘‘(4) DESIGNATED RECIPIENT ORGANIZATION

5 DEFINED.—For purposes of this subsection, the

6 term ‘designated recipient organization’ means any

7 organization designated, under any provision of law,

8 as the recipient of any surcharge imposed on the

9 sale of any numismatic item.’’.

10 (3) SCOPE OF APPLICATION.—The amendments

11 made by this section shall apply with respect to the

12 proceeds of any surcharge imposed on the sale of

13 any numismatic item that are deposited in the Nu14 mismatic Public Enterprise Fund after the date of

15 the enactment of this Act.

16 (4) REPEAL OF EXISTING RECIPIENT REPORT

17 REQUIREMENT.—Section 303 of Public Law 103–

18 186 (31 U.S.C. 5112 note) is repealed.

19 (c) QUARTERLY FINANCIAL REPORTS.—Section

20 5134 of title 31, United States Code, is amended by add21 ing at the end the following new subsection:

22 ‘‘(g) QUARTERLY FINANCIAL REPORTS.—

23 ‘‘(1) IN GENERAL.—Not later than the 30th

24 day of each month following each calendar quarter

25 through and including the final period of sales with
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1 respect to any commemorative coin program author2 ized on or after the date of enactment of the Treas3 ury, Postal Service, and General Government Appro4 priations Act, 1997, the Mint shall submit to the

5 Congress a quarterly financial report in accordance

6 with this subsection.

7 ‘‘(2) REQUIREMENTS.—Each report submitted

8 under paragraph (1) shall include, with respect to

9 the calendar quarter at issue—

10 ‘‘(A) a detailed financial statement, pre11 pared in accordance with generally accepted ac12 counting principles, that includes financial in13 formation specific to that quarter, as well as cu14 mulative financial information relating to the

15 entire program;

16 ‘‘(B) a detailed accounting of—

17 ‘‘(i) all costs relating to marketing ef18 forts;

19 ‘‘(ii) all funds projected for marketing

20 use;

21 ‘‘(iii) all costs for employee travel re22 lating to the promotion of commemorative

23 coin programs;
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1 ‘‘(iv) all numismatic items minted,

2 sold, not sold, and rejected during the pro3 duction process; and

4 ‘‘(v) the costs of melting down all re5 jected and unsold products;

6 ‘‘(C) adequate market-based research for

7 all commemorative coin programs; and

8 ‘‘(D) a description of the efforts of the

9 Mint in keeping the sale price of numismatic

10 items as low as practicable.’’.

11 (d) CITIZENS COMMEMORATIVE COIN ADVISORY

12 COMMITTEE.—

13 (1) FIXED TERMS FOR MEMBERS.—Section

14 5135(a)(4) of title 31, United States Code, is

15 amended to read as follows:

16 ‘‘(4) TERMS.—Each member appointed under

17 clause (i) or (iii) of paragraph (3)(A) shall be ap18 pointed for a term of 4 years.’’.

19 (2) CHAIRPERSON.—Section 5135(a) of title

20 31, United States Code, is amended by adding at

21 the end the following new paragraph:

22 ‘‘(7) CHAIRPERSON.—

23 ‘‘(A) IN GENERAL.—Subject to subpara24 graph (B), the Chairperson of the Advisory

25 Committee shall be elected by the members of
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1 the Advisory Committee from among such

2 members.

3 ‘‘(B) EXCEPTION.—The member appointed

4 pursuant to paragraph (3)(A)(ii) (or the alter5 nate to that member) may not serve as the

6 Chairperson of the Advisory Committee, begin7 ning on June 1, 1999.’’.

8 (e) EFFECTIVE DATE.—This section and the amend9 ments made by this section shall take effect on the date

10 of enactment of this Act.

11 TITLE VI—GENERAL

12 PROVISIONS

13 DEPARTMENTS, AGENCIES, AND CORPORATIONS

14 SECTION 601. Funds appropriated in this or any

15 other Act may be used to pay travel to the United States

16 for the immediate family of employees serving abroad in

17 cases of death or life threatening illness of said employee.

18 SEC. 602. No department, agency, or instrumentality

19 of the United States receiving appropriated funds under

20 this or any other Act for fiscal year 1997 shall obligate

21 or expend any such funds, unless such department, agen22 cy, or instrumentality has in place, and will continue to

23 administer in good faith, a written policy designed to en24 sure that all of its workplaces are free from the illegal

25 use, possession, or distribution of controlled substances
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1 (as defined in the Controlled Substances Act) by the offi2 cers and employees of such department, agency, or instru3 mentality.

4 SEC. 603. Notwithstanding 31 U.S.C. 1345, any

5 agency, department or instrumentality of the United

6 States which provides or proposes to provide child care

7 services for Federal employees may reimburse any Federal

8 employee or any person employed to provide such services

9 for travel, transportation, and subsistence expenses in10 curred for training classes, conferences or other meetings

11 in connection with the provision of such services: Provided,

12 That any per diem allowance made pursuant to this sec13 tion shall not exceed the rate specified in regulations pre14 scribed pursuant to section 5707 of title 5, United States

15 Code.

16 SEC. 604. Unless otherwise specifically provided, the

17 maximum amount allowable during the current fiscal year

18 in accordance with section 16 of the Act of August 2, 1946

19 (60 Stat. 810), for the purchase of any passenger motor

20 vehicle (exclusive of buses, ambulances, law enforcement,

21 and undercover surveillance vehicles), is hereby fixed at

22 $8,100 except station wagons for which the maximum

23 shall be $9,100: Provided, That these limits may be ex24 ceeded by not to exceed $3,700 for police-type vehicles,

25 and by not to exceed $4,000 for special heavy-duty vehi-
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1 cles: Provided further, That the limits set forth in this sec2 tion may not be exceeded by more than 5 percent for elec3 tric or hybrid vehicles purchased for demonstration under

4 the provisions of the Electric and Hybrid Vehicle Re5 search, Development, and Demonstration Act of 1976:

6 Provided further, That the limits set forth in this section

7 may be exceeded by the incremental cost of clean alter8 native fuels vehicles acquired pursuant to Public Law

9 101–549 over the cost of comparable conventionally fueled

10 vehicles.

11 SEC. 605. Appropriations of the executive depart12 ments and independent establishments for the current fis13 cal year available for expenses of travel or for the expenses

14 of the activity concerned, are hereby made available for

15 quarters allowances and cost-of-living allowances, in ac16 cordance with 5 U.S.C. 5922–24.

17 SEC. 606. Unless otherwise specified during the cur18 rent fiscal year, no part of any appropriation contained

19 in this or any other Act shall be used to pay the compensa20 tion of any officer or employee of the Government of the

21 United States (including any agency the majority of the

22 stock of which is owned by the Government of the United

23 States) whose post of duty is in the continental United

24 States unless such person (1) is a citizen of the United

25 States, (2) is a person in the service of the United States
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1 on the date of enactment of this Act who, being eligible

2 for citizenship, has filed a declaration of intention to be3 come a citizen of the United States prior to such date and

4 is actually residing in the United States, (3) is a person

5 who owes allegiance to the United States, (4) is an alien

6 from Cuba, Poland, South Vietnam, the countries of the

7 former Soviet Union, or the Baltic countries lawfully ad8 mitted to the United States for permanent residence, (5)

9 is a South Vietnamese, Cambodian, or Laotian refugee pa10 roled in the United States after January 1, 1975, or (6)

11 is a national of the People’s Republic of China who

12 qualifys for adjustment of status pursuant to the Chinese

13 Student Protection Act of 1992: Provided, That for the

14 purpose of this section, an affidavit signed by any such

15 person shall be considered prima facie evidence that the

16 requirements of this section with respect to his or her sta17 tus have been complied with: Provided further, That any

18 person making a false affidavit shall be guilty of a felony,

19 and, upon conviction, shall be fined no more than $4,000

20 or imprisoned for not more than 1 year, or both: Provided

21 further, That the above penal clause shall be in addition

22 to, and not in substitution for, any other provisions of ex23 isting law: Provided further, That any payment made to

24 any officer or employee contrary to the provisions of this

25 section shall be recoverable in action by the Federal Gov-
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1 ernment. This section shall not apply to citizens of Ire2 land, Israel, or the Republic of the Philippines, or to na3 tionals of those countries allied with the United States in

4 the current defense effort, or to international broadcasters

5 employed by the United States Information Agency, or to

6 temporary employment of translators, or to temporary em7 ployment in the field service (not to exceed 60 days) as

8 a result of emergencies.

9 SEC. 607. Appropriations available to any depart10 ment or agency during the current fiscal year for nec11 essary expenses, including maintenance or operating ex12 penses, shall also be available for payment to the General

13 Services Administration for charges for space and services

14 and those expenses of renovation and alteration of build15 ings and facilities which constitute public improvements

16 performed in accordance with the Public Buildings Act of

17 1959 (73 Stat. 749), the Public Buildings Amendments

18 of 1972 (87 Stat. 216), or other applicable law.

19 SEC. 608. In addition to funds provided in this or

20 any other Act, all Federal agencies are authorized to re21 ceive and use funds resulting from the sale of materials,

22 including Federal records disposed of pursuant to a

23 records schedule recovered through recycling or waste pre24 vention programs. Such funds shall be available until ex25 pended for the following purposes:
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1 (1) Acquisition, waste reduction and prevention,

2 and recycling programs as described in Executive

3 Order 12873 (October 20, 1993), including any such

4 programs adopted prior to the effective date of the

5 Executive Order.

6 (2) Other Federal agency environmental man7 agement programs, including, but not limited to, the

8 development and implementation of hazardous waste

9 management and pollution prevention programs.

10 (3) Other employee programs as authorized by

11 law or as deemed appropriate by the head of the

12 Federal agency.

13 SEC. 609. Funds made available by this or any other

14 Act for administrative expenses in the current fiscal year

15 of the corporations and agencies subject to chapter 91 of

16 title 31, United States Code, shall be available, in addition

17 to objects for which such funds are otherwise available,

18 for rent in the District of Columbia; services in accordance

19 with 5 U.S.C. 3109; and the objects specified under this

20 head, all the provisions of which shall be applicable to the

21 expenditure of such funds unless otherwise specified in the

22 Act by which they are made available: Provided, That in

23 the event any functions budgeted as administrative ex24 penses are subsequently transferred to or paid from other
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1 funds, the limitations on administrative expenses shall be

2 correspondingly reduced.

3 SEC. 610. No part of any appropriation for the cur4 rent fiscal year contained in this or any other Act shall

5 be paid to any person for the filling of any position for

6 which he or she has been nominated after the Senate has

7 voted not to approve the nomination of said person.

8 SEC. 611. For the fiscal year ending September 30,

9 1997, and thereafter, any department or agency to which

10 the Administrator of General Services has delegated the

11 authority to operate, maintain or repair any building or

12 facility pursuant to section 205(d) of the Federal Property

13 and Administrative Services Act of 1949, as amended,

14 shall retain that portion of the GSA rental payment avail15 able for operation, maintenance or repair of the building

16 or facility, as determined by the Administrator, and ex17 pend such funds directly for the operation, maintenance

18 or repair of the building or facility. Any funds retained

19 under this section shall remain available until expended

20 for such purposes.

21 SEC. 612. (a) IN GENERAL.—Section 1306 of title

22 31, United States Code, is amended to read as follows:

23 ‘‘§ 1306. Use of foreign credits

24 ‘‘(a) IN GENERAL.—Foreign credits (including cur25 rencies) owed to or owned by the United States may be
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1 used by any agency for any purpose for which appropria2 tions are made for the agency for the current fiscal year

3 (including the carrying out of Acts requiring or authoriz4 ing the use of such credits), but only when reimbursement

5 therefor is made to the Treasury from applicable appro6 priations of the agency.

7 ‘‘(b) EXCEPTION TO REIMBURSEMENT REQUIRE8 MENT.—Credits described in subsection (a) that are re9 ceived as exchanged allowances, or as the proceeds of the

10 sale of personal property, may be used in whole or partial

11 payment for the acquisition of similar items, to the extent

12 and in the manner authorized by law, without reimburse13 ment to the Treasury.’’.

14 (b) APPLICABILITY.—The amendment made by this

15 section shall take effect on the date of the enactment of

16 this Act and shall apply thereafter.

17 SEC. 613. No part of any appropriation contained in

18 this or any other Act shall be available for interagency

19 financing of boards (except Federal Executive Boards),

20 commissions, councils, committees, or similar groups

21 (whether or not they are interagency entities) which do

22 not have a prior and specific statutory approval to receive

23 financial support from more than one agency or instru24 mentality.
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1 SEC. 614. Funds made available by this or any other

2 Act to the ‘‘Postal Service Fund’’ (39 U.S.C. 2003) shall

3 be available for employment of guards for all buildings and

4 areas owned or occupied by the Postal Service and under

5 the charge and control of the Postal Service, and such

6 guards shall have, with respect to such property, the pow7 ers of special policemen provided by the first section of

8 the Act of June 1, 1948, as amended (62 Stat. 281; 40

9 U.S.C. 318), and, as to property owned or occupied by

10 the Postal Service, the Postmaster General may take the

11 same actions as the Administrator of General Services

12 may take under the provisions of sections 2 and 3 of the

13 Act of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C.

14 318a, 318b), attaching thereto penal consequences under

15 the authority and within the limits provided in section 4

16 of the Act of June 1, 1948, as amended (62 Stat. 281;

17 40 U.S.C. 318c).

18 SEC. 615. None of the funds made available pursuant

19 to the provisions of this Act shall be used to implement,

20 administer, or enforce any regulation which has been dis21 approved pursuant to a resolution of disapproval duly

22 adopted in accordance with the applicable law of the Unit23 ed States.

24 SEC. 616. (a) Notwithstanding any other provision

25 of law, and except as otherwise provided in this section,
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1 no part of any of the funds appropriated for the fiscal

2 year ending on September 30, 1997, by this or any other

3 Act, may be used to pay any prevailing rate employee de4 scribed in section 5342(a)(2)(A) of title 5, United States

5 Code—

6 (1) during the period from the date of expira7 tion of the limitation imposed by section 616 of the

8 Treasury, Postal Service and General Government

9 Appropriations Act, 1996, until the normal effective

10 date of the applicable wage survey adjustment that

11 is to take effect in fiscal year 1997, in an amount

12 that exceeds the rate payable for the applicable

13 grade and step of the applicable wage schedule in

14 accordance with such section 616; and

15 (2) during the period consisting of the remain16 der of fiscal year 1997, in an amount that exceeds,

17 as a result of a wage survey adjustment, the rate

18 payable under paragraph (1) by more than the sum

19 of—

20 (A) the percentage adjustment taking ef21 fect in fiscal year 1997 under section 5303 of

22 title 5, United States Code, in the rates of pay

23 under the General Schedule; and

24 (B) the difference between the overall aver25 age percentage of the locality-based comparabil-
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1 ity payments taking effect in fiscal year 1997

2 under section 5304 of such title (whether by

3 adjustment or otherwise), and the overall aver4 age percentage of such payments which was ef5 fective in fiscal year 1996 under such section.

6 (b) Notwithstanding any other provision of law, no

7 prevailing rate employee described in subparagraph (B) or

8 (C) of section 5342(a)(2) of title 5, United States Code,

9 and no employee covered by section 5348 of such title,

10 may be paid during the periods for which subsection (a)

11 is in effect at a rate that exceeds the rates that would

12 be payable under subsection (a) were subsection (a) appli13 cable to such employee.

14 (c) For the purposes of this section, the rates payable

15 to an employee who is covered by this section and who

16 is paid from a schedule not in existence on September 30,

17 1996, shall be determined under regulations prescribed by

18 the Office of Personnel Management.

19 (d) Notwithstanding any other provision of law, rates

20 of premium pay for employees subject to this section may

21 not be changed from the rates in effect on September 30,

22 1996, except to the extent determined by the Office of

23 Personnel Management to be consistent with the purpose

24 of this section.
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1 (e) This section shall apply with respect to pay for

2 service performed after September 30, 1996.

3 (f) For the purpose of administering any provision

4 of law (including section 8431 of title 5, United States

5 Code, and any rule or regulation that provides premium

6 pay, retirement, life insurance, or any other employee ben7 efit) that requires any deduction or contribution, or that

8 imposes any requirement or limitation on the basis of a

9 rate of salary or basic pay, the rate of salary or basic pay

10 payable after the application of this section shall be treat11 ed as the rate of salary or basic pay.

12 (g) Nothing in this section shall be considered to per13 mit or require the payment to any employee covered by

14 this section at a rate in excess of the rate that would be

15 payable were this section not in effect.

16 (h) The Office of Personnel Management may provide

17 for exceptions to the limitations imposed by this section

18 if the Office determines that such exceptions are necessary

19 to ensure the recruitment or retention of qualified employ20 ees.

21 SEC. 617. During the period in which the head of

22 any department or agency, or any other officer or civilian

23 employee of the Government appointed by the President

24 of the United States, holds office, no funds may be obli25 gated or expended in excess of $5,000 to furnish or re-
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1 decorate the office of such department head, agency head,

2 officer or employee, or to purchase furniture or make im3 provements for any such office, unless advance notice of

4 such furnishing or redecoration is expressly approved by

5 the Committees on Appropriations of the House and Sen6 ate. For the purposes of this section, the word ‘‘office’’

7 shall include the entire suite of offices assigned to the indi8 vidual, as well as any other space used primarily by the

9 individual or the use of which is directly controlled by the

10 individual.

11 SEC. 618. Notwithstanding any other provision of

12 law, no executive branch agency shall purchase, construct,

13 and/or lease any additional facilities, except within or con14 tiguous to existing locations, to be used for the purpose

15 of conducting Federal law enforcement training without

16 the advance approval of the House and Senate Committees

17 on Appropriations.

18 SEC. 619. Notwithstanding section 1346 of title 31,

19 United States Code, or section 613 of this Act, funds

20 made available for fiscal year 1997 by this or any other

21 Act shall be available for the interagency funding of na22 tional security and emergency preparedness telecommuni23 cations initiatives which benefit multiple Federal depart24 ments, agencies, or entities, as provided by Executive

25 Order Numbered 12472 (April 3, 1984).
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1 SEC. 620. (a) None of the funds appropriated by this

2 or any other Act may be obligated or expended by any

3 Federal department, agency, or other instrumentality for

4 the salaries or expenses of any employee appointed to a

5 position of a confidential or policy-determining character

6 excepted from the competitive service pursuant to section

7 3302 of title 5, United States Code, without a certification

8 to the Office of Personnel Management from the head of

9 the Federal department, agency, or other instrumentality

10 employing the Schedule C appointee that the Schedule C

11 position was not created solely or primarily in order to

12 detail the employee to the White House.

13 (b) The provisions of this section shall not apply to

14 Federal employees or members of the armed services de15 tailed to or from—

16 (1) the Central Intelligence Agency;

17 (2) the National Security Agency;

18 (3) the Defense Intelligence Agency;

19 (4) the offices within the Department of De20 fense for the collection of specialized national foreign

21 intelligence through reconnaissance programs;

22 (5) the Bureau of Intelligence and Research of

23 the Department of State;

24 (6) any agency, office, or unit of the Army,

25 Navy, Air Force, and Marine Corps, the Federal Bu-
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1 reau of Investigation and the Drug Enforcement Ad2 ministration of the Department of Justice, the De3 partment of Transportation, the Department of the

4 Treasury, and the Department of Energy perform5 ing intelligence functions; and

6 (7) the Director of Central Intelligence.

7 SEC. 621. 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, agency

11 or instrumentality has in place, and will continue to ad12 minister in good faith, a written policy designed to ensure

13 that all of its workplaces are free from discrimination and

14 sexual harassment and that all of its workplaces are not

15 in violation of title VII of the Civil Rights Act of 1964,

16 as amended, the Age Discrimination in Employment Act

17 of 1967, and the Rehabilitation Act of 1973.

18 SEC. 622. No part of any appropriation contained in

19 this Act may be used to pay for the expenses of travel

20 of employees, including employees of the Executive Office

21 of the President, not directly responsible for the discharge

22 of official governmental tasks and duties: Provided, That

23 this restriction shall not apply to the family of the Presi24 dent, Members of Congress or their spouses, Heads of

25 State of a foreign country or their designees, persons pro-
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1 viding assistance to the President for official purposes, or

2 other individuals so designated by the President.

3 SEC. 623. Notwithstanding any provision of law, the

4 President, or his designee, must certify to Congress, annu5 ally, that no person or persons with direct or indirect re6 sponsibility for administering the Executive Office of the

7 President’s Drug-Free Workplace Plan are themselves

8 subject to a program of individual random drug testing.

9 SEC. 624. (a) None of the funds made available in

10 this Act or any other Act may be obligated or expended

11 for any employee training when it is made known to the

12 Federal official having authority to obligate or expend

13 such funds that such employee training—

14 (1) does not meet identified needs for knowl15 edge, skills, and abilities bearing directly upon the

16 performance of official duties;

17 (2) contains elements likely to induce high lev18 els of emotional response or psychological stress in

19 some participants;

20 (3) does not require prior employee notification

21 of the content and methods to be used in the train22 ing and written end of course evaluation;

23 (4) contains any methods or content associated

24 with religious or quasi-religious belief systems or

25 ‘‘new age’’ belief systems as defined in Equal Em-
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1 ployment Opportunity Commission Notice N–

2 915.022, dated September 2, 1988;

3 (5) is offensive to, or designed to change, par4 ticipants’ personal values or lifestyle outside the

5 workplace; or

6 (6) includes content related to human

7 immunodeficiency virus/acquired immune deficiency

8 syndrome (HIV/AIDS) other than that necessary to

9 make employees more aware of the medical ramifica10 tions of HIV/AIDS and the workplace rights of

11 HIV-positive employees.

12 (b) Nothing in this section shall prohibit, restrict, or

13 otherwise preclude an agency from conducting training

14 bearing directly upon the performance of official duties.

15 SEC. 625. No funds appropriated in this or any other

16 Act for fiscal year 1997 may be used to implement or en17 force the agreements in Standard Forms 312 and 4355

18 of the Government or any other nondisclosure policy,

19 form, or agreement if such policy, form, or agreement does

20 not contain the following provisions: ‘‘These restrictions

21 are consistent with and do not supersede, conflict with,

22 or otherwise alter the employee obligations, rights, or li23 abilities created by Executive Order 12356; section 7211

24 of title 5, United States Code (governing disclosures to

25 Congress); section 1034 of title 10, United States Code,
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1 as amended by the Military Whistleblower Protection Act

2 (governing disclosure to Congress by members of the mili3 tary); section 2302(b)(8) of title 5, United States Code,

4 as amended by the Whistleblower Protection Act (govern5 ing disclosures of illegality, waste, fraud, abuse or public

6 health or safety threats); the Intelligence Identities Pro7 tection Act of 1982 (50 U.S.C. 421 et seq.) (governing

8 disclosures that could expose confidential Government

9 agents); and the statutes which protect against disclosure

10 that may compromise the national security, including sec11 tions 641, 793, 794, 798, and 952 of title 18, United

12 States Code, and section 4(b) of the Subversive Activities

13 Act of 1950 (50 U.S.C. section 783(b)). The definitions,

14 requirements, obligations, rights, sanctions, and liabilities

15 created by said Executive Order and listed statutes are

16 incorporated into this agreement and are controlling.’’:

17 Provided, That notwithstanding the preceding paragraph,

18 a nondisclosure policy form or agreement that is to be exe19 cuted by a person connected with the conduct of an intel20 ligence or intelligence-related activity, other than an em21 ployee or officer of the United States Government, may

22 contain provisions appropriate to the particular activity

23 for which such document is to be used. Such form or

24 agreement shall, at a minimum, require that the person

25 will not disclose any classified information received in the
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1 course of such activity unless specifically authorized to do

2 so by the United States Government. Such nondisclosure

3 forms shall also make it clear that they do not bar disclo4 sures to Congress or to an authorized official of an execu5 tive agency or the Department of Justice that are essential

6 to reporting a substantial violation of law.

7 SEC. 626. (a) None of the funds appropriated by this

8 or any other Act may be expended by any Federal Agency

9 to procure any product or service subject to section 5124

10 of Public Law 104–106 and that will be available under

11 the procurement by the Administrator of General Services

12 known as ‘‘FTS2000’’ unless—

13 (1) such product or service is procured by the

14 Administrator of General Services as part of the

15 procurement known as ‘‘FTS2000’’; or

16 (2) that agency establishes to the satisfaction of

17 the Administrator of General Services that—

18 (A) that agency’s requirements for such

19 procurement are unique and cannot be satisfied

20 by property and service procured by the Admin21 istrator of General Services as part of the pro22 curement known as ‘‘FTS2000’’; and

23 (B) the agency procurement, pursuant to

24 such delegation, would be cost-effective and
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1 would not adversely affect the cost-effectiveness

2 of the FTS2000 procurement.

3 (b) After December 31, 1998, subsection (a) shall

4 apply only if the Administrator of General Services has

5 reported that the FTS2000 procurement is producing

6 prices that allow the Government to satisfy its require7 ments for such procurement in the most cost-effective

8 manner.

9 SEC. 627. Subsection (f) of section 403 of Public Law

10 103–356 is amended by deleting ‘‘October 1, 1999’’ and

11 inserting ‘‘October 1, 2001’’.

12 SEC. 628. (a) IN GENERAL.—Notwithstanding any

13 other provision of law, none of the funds made available

14 by this Act for the Department of the Treasury shall be

15 available for any activity or for paying the salary of any

16 Government employee where funding an activity or paying

17 a salary to a Government employee would result in a deci18 sion, determination, rule, regulation, or policy that would

19 permit the Secretary of the Treasury to make any loan

20 or extension of credit under section 5302 of title 31, Unit21 ed States Code, with respect to a single foreign entity or

22 government of a foreign country (including agencies or

23 other entities of that government)—

24 (1) with respect to a loan or extension of credit

25 for more than 60 days, unless the President certifies
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1 to the Committee on Banking, Housing, and Urban

2 Affairs of the Senate and the Committee on Banking

3 and Financial Services of the House of Representa4 tives that—

5 (A) there is no projected cost (as that term

6 is defined in section 502 of the Federal Credit

7 Reform Act of 1990) to the United States from

8 the proposed loan or extension of credit; and

9 (B) any proposed obligation or expenditure

10 of United States funds to or on behalf of the

11 foreign government is adequately backed by an

12 assured source of repayment to ensure that all

13 United States funds will be repaid; and

14 (2) other than as provided by an Act of Con15 gress, if that loan or extension of credit would result

16 in expenditures and obligations, including contingent

17 obligations, aggregating more than $1,000,000,000

18 with respect to that foreign country for more than

19 180 days during the 12-month period beginning on

20 the date on which the first such action is taken.

21 (b) WAIVER OF LIMITATIONS.—The President may

22 exceed the dollar and time limitations in subsection (a)(2)

23 if he certifies in writing to the Congress that a financial

24 crisis in that foreign country poses a threat to vital United
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1 States economic interests or to the stability of the inter2 national financial system.

3 (c) EXPEDITED PROCEDURES FOR A RESOLUTION OF

4 DISAPPROVAL.—A presidential certification pursuant to

5 subsection (b) shall not take effect, if the Congress, within

6 30 calendar days after receiving such certification, enacts

7 a joint resolution of disapproval, as described in paragraph

8 (5) of this subsection.

9 (1) REFERENCE TO COMMITTEES.—All joint

10 resolutions introduced in the Senate to disapprove

11 the certification shall be referred to the Committee

12 on Banking, Housing, and Urban Affairs, and in the

13 House of Representatives, to the appropriate com14 mittees.

15 (2) DISCHARGE OF COMMITTEES.—(A) If the

16 committee of either House to which a resolution has

17 been referred has not reported it at the end of 15

18 days after its introduction, it is in order to move ei19 ther to discharge the committee from further consid20 eration of the joint resolution or to discharge the

21 committee from further consideration of any other

22 resolution introduced with respect to the same mat23 ter, except no motion to discharge shall be in order

24 after the committee has reported a joint resolution

25 with respect to the same matter.
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1 (B) A motion to discharge may be made only by

2 an individual favoring the resolution, and is privi3 leged in the Senate; and debate thereon shall be lim4 ited to not more than 1 hour, the time to be divided

5 in the Senate equally between, and controlled by, the

6 majority leader and the minority leader or their des7 ignees.

8 (3) FLOOR CONSIDERATION IN THE SENATE.—

9 (A) A motion in the Senate to proceed to the consid10 eration of a resolution shall be privileged.

11 (B) Debate in the Senate on a resolution, and

12 all debatable motions and appeals in connection

13 therewith, shall be limited to not more than 4 hours,

14 to be equally divided between, and controlled by, the

15 majority leader and the minority leader or their des16 ignees.

17 (C) Debate in the Senate on any debatable mo18 tion or appeal in connection with a resolution shall

19 be limited to not more than 20 minutes, to be equal20 ly divided between, and controlled by, the mover and

21 the manager of the resolution, except that in the

22 event the manager of the resolution is in favor of

23 any such motion or appeal, the time in opposition

24 thereto, shall be controlled by the minority leader or

25 his designee. Such leaders, or either of them, may,
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1 from time under their control on the passage of a

2 resolution, allot additional time to any Senator dur3 ing the consideration of any debatable motion or ap4 peal.

5 (D) A motion in the Senate to further limit de6 bate on a resolution, debatable motion, or appeal is

7 not debatable. No amendment to, or motion to re8 commit, a resolution is in order in the Senate.

9 (4) In the case of a resolution, if prior to the

10 passage by one House of a resolution of that House,

11 that House receives a resolution with respect to the

12 same matter from the other House, then—

13 (A) the procedure in that House shall be

14 the same as if no resolution had been received

15 from the other House; but

16 (B) the vote on final passage shall be on

17 the resolution of the other House.

18 (5) For purposes of this subsection, the term

19 ‘‘joint resolution’’ means only a joint resolution of

20 the 2 Houses of Congress, the matter after the re21 solving clause of which is as follows: ‘‘That the Con22 gress disapproves the action of the President under

23 section 628(c) of the Treasury, Postal Service, and

24 General Government Appropriations Act, 1997, no25 tice of which was submitted to the Congress on
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1 lllllll.’’, with the blank space being filled

2 with the appropriate date.

3 (d) APPLICABILITY.—This section—

4 (1) shall not apply to any action taken as part

5 of the program of assistance to Mexico announced

6 by the President on January 31, 1995; and

7 (2) shall remain in effect through fiscal year

8 1997.

9 SEC. 629. (a) TECHNICAL AMENDMENT.—Section

10 640 of Public Law 104–52 (109 Stat. 513) is amended

11 by striking ‘‘Service performed’’ and inserting ‘‘Hereafter,

12 service performed’’.

13 (b) EFFECTIVE DATE.—The amendment made by

14 subsection (a) shall take effect as if included in Public

15 Law 104–52 on the date of its enactment.

16 SEC. 630. Notwithstanding any other provision of

17 law, no part of any appropriation contained in this Act

18 for any fiscal year shall be available for paying Sunday

19 premium or differential pay to any employee unless such

20 employee actually performed work during the time cor21 responding to such premium or differential pay.

22 SEC. 631. No part of any funds appropriated in this

23 or any other Act shall be used by an agency of the execu24 tive branch, other than for normal and recognized execu25 tive-legislative relationships, for publicity or propaganda
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1 purposes, and for the preparation, distribution or use of

2 any kit, pamphlet, booklet, publication, radio, television or

3 film presentation designed to support or defeat legislation

4 pending before the Congress, except in presentation to the

5 Congress itself.

6 SEC. 632. (a) The United States Courthouse under

7 construction at 1030 Southwest 3d Avenue in Portland,

8 Oregon, shall be known and designated as the ‘‘Mark O.

9 Hatfield United States Courthouse’’.

10 (b) Any reference in a law, map, regulation, docu11 ment, paper, or other record of the United States to the

12 courthouse referred to in section 901 shall be deemed to

13 be a reference to the ‘‘Mark O. Hatfield United States

14 Courthouse’’.

15 (c) This section shall take effect on January 2, 1997.

16 SEC. 633. SURVIVOR ANNUITY RESUMPTION UPON

17 TERMINATION OF MARRIAGE.—(a) AMENDMENTS.—

18 (1) CIVIL SERVICE RETIREMENT SYSTEM.—Sec19 tion 8341(e) of title 5, United States Code, is

20 amended by adding at the end the following:

21 ‘‘(4) If the annuity of a child under this subchapter

22 terminates under paragraph (3)(E) because of marriage,

23 then, if such marriage ends, such annuity shall resume

24 on the first day of the month in which it ends, but only

25 if—
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1 ‘‘(A) any lump sum paid is returned to the

2 Fund; and

3 ‘‘(B) that individual is not otherwise ineligible

4 for such annuity.’’.

5 (2) FEDERAL EMPLOYEES’ RETIREMENT SYS6 TEM.—Section 8443(b) of such title is amended by

7 adding at the end the following: ‘‘If the annuity of

8 a child under this subchapter terminates under sub9 paragraph (E) because of marriage, then, if such

10 marriage ends, such annuity shall resume on the

11 first day of the month in which it ends, but only if

12 any lump sum paid is returned to the Fund, and

13 that individual is not otherwise ineligible for such

14 annuity.’’.

15 (3) FEDERAL EMPLOYEES HEALTH BENE16 FITS.—Section 8908 of title 5, United States Code,

17 is amended by adding at the end of the following

18 new subsection:

19 ‘‘(d) A surviving child whose survivor annuity under

20 section 8341(e) or 8443(b) was terminated and is later

21 restored under paragraph (4) of section 8341(e) or the

22 last sentence of section 8443(b) may, under regulations

23 prescribed by the Office, enroll in a health benefits plan

24 described by section 8903 or 8903a if such surviving child
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1 was covered by any such plan immediately before such an2 nuity was terminated.’’.

3 (b) APPLICABILITY.—The amendments made by sub4 section (a) shall apply with respect to any termination of

5 marriage taking effect before, on, or after the date of en6 actment of this Act, except that benefits shall be payable

7 only with respect to amounts accruing for periods begin8 ning on the first day of the month beginning after the

9 later of such termination of marriage or such date of en10 actment.

11 SEC. 634. AVAILABILITY OF ANNUAL LEAVE FOR

12 EMPLOYEES AFFECTED BY REDUCTION IN FORCE.—Sec13 tion 6302 of title 5, United States Code, is amended by

14 adding at the end of the following new subsection:

15 ‘‘(g) An employee who is being involuntarily sepa16 rated from an agency due to a reduction in force or trans17 fer of function under subchapter I of chapter 35 may elect

18 to use annual leave to the employee’s credit to remain on

19 the agency’s rolls after the date the employee would other20 wise have been separated if, and only to the extent that,

21 such additional time in a pay status will enable the em22 ployee to qualify for an immediate annuity under section

23 8336, 8412, 8414, or to qualify to carry health benefits

24 coverage into retirement under section 8905(b).’’.
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1 SEC. 635. Section 207(e)(6)(B) of title 18, United

2 States Code, is amended by striking ‘‘level V of the Execu3 tive Schedule’’ and inserting ‘‘level 5 of the Senior Execu4 tive Service’’.

5 SEC. 636. REIMBURSEMENTS RELATING TO PROFES6 SIONAL LIABILITY INSURANCE.—(a) AUTHORITY.—Not7 withstanding any other provision of law, amounts appro8 priated by this Act (or any other Act for fiscal year 1997

9 or any fiscal year thereafter) for salaries and expenses

10 may be used to reimburse any qualified employee for not

11 to exceed one-half the costs incurred by such employee for

12 professional liability insurance. A payment under this sec13 tion shall be contingent upon the submission of such infor14 mation or documentation as the employing agency may re15 quire.

16 (b) QUALIFIED EMPLOYEE.—For purposes of this

17 section, the term ‘‘qualified employee’’ means an agency

18 employee whose position is that of—

19 (1) a law enforcement officer; or

20 (2) a supervisor or management official.

21 (c) DEFINITIONS.—For purposes of this section—

22 (1) the term ‘‘agency’’ means an Executive

23 agency, as defined by section 105 of title 5, United

24 States Code, and any agency of the Legislative

25 Branch of Government including any office or com-
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1 mittee of the Senate or the House of Representa2 tives;

3 (2) the term ‘‘law enforcement officer’’ means

4 an employee, the duties of whose position are pri5 marily the investigation, apprehension, prosecution,

6 or detention of individuals suspected or convicted of

7 offenses against the criminal laws of the United

8 States, including any law enforcement officer under

9 section 8331(20) or 8401(17) of such title 5, or

10 under section 4823 of title 22, United States Code;

11 (3) the terms ‘‘supervisor’’ and ‘‘management

12 official’’ have the respective meanings given them by

13 section 7103(a) of such title 5, and

14 (4) the term ‘‘professional liability insurance’’

15 means insurance which provides coverage for—

16 (A) legal liability for damages due to inju17 ries to other persons, damage to their property,

18 or other damage or loss to such other persons

19 (including the expenses of litigation and settle20 ment) resulting from or arising out of any

21 tortious act, error, or omission of the covered

22 individual (whether common law, statutory, or

23 constitutional) while in the performance of such

24 individual’s official duties as a qualified em25 ployee; and
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1 (B) the cost of legal representation for the

2 covered individual in connection with any ad3 ministrative or judicial proceeding (including

4 any investigation or disciplinary proceeding) re5 lating to any act, error, or omission of the cov6 ered individual while in the performance of such

7 individual’s official duties as a qualified em8 ployee, and other legal costs and fees relating

9 to any such administrative or judicial proceed10 ing.

11 (d) APPLICABILITY.—The amendments made by this

12 section shall take effect on the date of the enactment of

13 this Act and shall apply thereafter.

14 SEC. 637. For purposes of each provision of law

15 amended by section 704(a)(2) of the Ethics Reform Act

16 of 1989 (5 U.S.C. 5318 note), no adjustment under sec17 tion 5303 of title 5, United States Code, shall be consid18 ered to have taken effect in fiscal year 1997 in the rates

19 of basic pay for the statutory pay systems.

20 SEC. 638. For FY 1997, the Secretary of the

21 Treasury is authorized to use funds made available to the

22 FSLIC Resolution Fund under P.L. 103–327, not to ex23 ceed $26,100,000, to reimburse the Department of Jus24 tice for the reasonable expenses of litigation that are in-
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1 curred in the defense of claims against the U.S. arising

2 from FIRREA and its implementation.

3 SEC. 639. Section 608 of Public Law 104–52 is

4 amended in the first sentence by inserting before the pe5 riod, ‘‘, including Federal records disposed of pursuant to

6 a records schedule’’.

7 SEC. 640. In reviewing and analyzing the contracting

8 out, outsourcing or privatization of business and adminis9 trative functions, and in implementing 40 U.S.C. sections

10 1413 and 1423, and other provisions, in title LI of the

11 National Defense Authorization Act for fiscal year 1996

12 (the Information Technology Management Reform Act)—

13 (1) the Director of the Office of Management

14 and Budget and the heads of the executive agencies

15 may have studies, analyses, reviews and other man16 agement assistance performed by the private sector;

17 (2) the reviews, analyses, and studies called for

18 by 40 U.S.C. section 1413(b)(2) (B) and (C) shall

19 be completed and reported to the Agency Head with20 in 180 days, or less measured from when a study

21 analysis or review is initiated unless the Agency

22 Head determines additional time is needed;

23 (3) in accordance with principles and rules gov24 erning organizational conflicts of interest, persons

25 involved in a particular study may not compete for
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1 any work that is to be or is outsourced as a result

2 of that study; and

3 (4) this section will apply with respect to stud4 ies occurring on or after the date of enactment of

5 this subsection and completed before September 1,

6 1999 and the Comptroller General of the United

7 States shall review and provide an assessment of

8 this program by January 1, 1999.

9 SEC. 641. (a) SECTION 1—AUTHORIZATION OF AP10 PROPRIATIONS.—Section 8(a)(1) of the Whistleblower

11 Protection Act of 1989 (5 U.S.C. 5509 note, Public Law

12 101–12, April 10, 1989, 103 Stat. 34, as amended Public

13 Law 103–424, Section 1, October 29, 1994, 108 Stat.

14 4361), is amended by striking the words: ‘‘1993, 1994,

15 1995, 1996, and 1997,’’ and inserting in lieu thereof

16 ‘‘1998, 1999, 2000, 2001, and 2002’’.

17 (b) SECTION 2—EFFECTIVE DATE.—This Act shall

18 take effect on October 1, 1998.

19 SEC. 642. (a) SECTION 1.—AUTHORIZATION OF AP20 PROPRIATIONS.—Section 8(a)(1) of the Whistleblower

21 Protection Act of 1989 (5 U.S.C. 5509 note; Public Law

22 103–424; 103 Stat. 34) is amended by striking out:

23 ‘‘1993, 1994, 1995, 1996, and 1997,’’ and inserting in

24 lieu thereof ‘‘1998, 1999, 2000, 2001, and 2002’’.
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1 (b) SECTION 2—EFFECTIVE DATE.—This Act shall

2 take effect on October 1, 1998.

3 SEC. 643. MODIFICATIONS OF NATIONAL COMMIS4 SION ON RESTRUCTURING THE INTERNAL REVENUE

5 SERVICE.—(a) QUORUM.—Paragraph (4) of section

6 637(b) of the Treasury, Postal Service, and General Gov7 ernment Appropriations Act, 1996 (Public Law 104–52,

8 109 Stat. 510) is amended by striking ‘‘Seven’’ and insert9 ing ‘‘Nine’’.

10 (b) CO-CHAIRS.—

11 (1) IN GENERAL.—Paragraph (3) of section

12 637(b) of such Act is amended—

13 (A) by striking ‘‘a Chairman’’ and insert14 ing ‘‘Co-Chairs’’, and

15 (B) by striking ‘‘Chairman’’ in the heading

16 and inserting ‘‘Co-Chairs’’.

17 (2) CONFORMING AMENDMENTS.—(A) Para18 graph (5)(B) of section 637(b) of such Act is

19 amended by striking ‘‘a Chairman’’ and inserting

20 ‘‘Co-Chairs’’.

21 (B) Subsections (b)(4), (d)(1)(B), (d)(3), and

22 (e)(1) of section 637 of such Act are each amended

23 by striking ‘‘Chairman’’ each place it appears and

24 inserting ‘‘Co-Chairs’’.
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1 (c) GIFTS.—Section 637(d) of such Act is amended

2 by adding at the end the following new paragraph:

3 ‘‘(6) GIFTS.—The Commission may accept, use,

4 and dispose of gifts or donations of services or prop5 erty in carrying out its duties under this section.’’

6 (d) TRAVEL EXPENSES.—Section 637(f)(2) of such

7 Act is amended by striking ‘‘shall’’ and inserting ‘‘may’’.

8 (e) TIME FOR FILING REPORT.—

9 (1) IN GENERAL.—Paragraph (1) of section 637(g)

10 of such Act is amended by striking ‘‘one year’’ and insert11 ing ‘‘15 months’’.

12 (2) CONFORMING AMENDMENT.—Subparagraph (A)

13 of section 637(c)(1) of such Act is amended by striking

14 ‘‘one year’’ and inserting ‘‘15 months’’.

15 (f) EFFECTIVE DATE.—The amendments made by

16 this section shall take effect as if included in the provisions

17 of the Treasury, Postal Service, and General Government

18 Appropriations Act, 1996.

19 SEC. 644. (a) IN GENERAL.—Section 202(a) of title

20 39, United States Code, is amended by striking ‘‘$10,000

21 a year’’ and inserting ‘‘$30,000 a year’’.

22 (b) EFFECTIVE DATE.—Subsection (a) shall take ef23 fect at the beginning of the next applicable pay period be24 ginning after the date of the enactment of this Act.
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1 SEC. 645. (a) IN GENERAL.—No later than Septem2 ber 30, 1997, the Director of the Office of Management

3 and Budget shall submit to the Congress a report that

4 provides—

5 (1) estimates of the total annual costs and ben6 efits of Federal regulatory programs, including

7 quantitative and nonquantitative measures of regu8 latory costs and benefits;

9 (2) estimates of the costs and benefits (includ10 ing quantitative and nonquantitative measures) of

11 each rule that is likely to have a gross annual effect

12 on the economy of $100,000,000 or more in in13 creased costs;

14 (3) an assessment of the direct and indirect im15 pacts of Federal rules on the private sector, State

16 and local government, and the Federal Government;

17 and

18 (4) recommendations from the Director and a

19 description of significant public comments to reform

20 or eliminate any Federal regulatory program or pro21 gram element that is inefficient, ineffective, or is not

22 a sound use of the Nation’s resources.

23 (b) NOTICE.—The Director shall provide public no24 tice and an opportunity to comment on the report under

25 subsection (a) before the report is issued in final form.
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1 SEC. 646. Subsection (b) of section 404 of Public

2 Law 103–356 is amended by deleting ‘‘September 30,

3 1997’’ and inserting ‘‘December 31, 1999’’.

4 SEC. 647. (a) Notwithstanding any other provision

5 of law, the Secretary shall, on behalf of the United States,

6 transfer to the University of Miami, without charge, title

7 to the real property and improvements that as of the date

8 of the enactment of this Act constitute the Federal facility

9 known as the Perrine Primate Center, subject to the con10 dition that, during the 10-year period beginning on the

11 date of the transfer—

12 (1) the University will provide for the continued

13 use of the real property and improvements as an

14 animal research facility, including primates, and

15 such use will be the exclusive use of the property

16 (with such incidental exceptions as the Secretary

17 may approve); or

18 (2) the real property and improvements will be

19 used for research-related purposes other than the

20 purpose specified in paragraph (1) (or for both of

21 such purposes), if the Secretary and the University

22 enter into an agreement accordingly.

23 (b) The conveyance under subsection (a) shall not be24 come effective unless the conveyance specifies that, if the

25 University of Miami engages in a material breach of the
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1 conditions specified in such subsection, title to the real

2 property and improvements involved reverts to the United

3 States at the election of the Secretary.

4 (c) The real property referred to in subsections (a)

5 and (b) is located in the county of Dade in the State of

6 Florida, and is a parcel consisting of the northernmost

7 30 acre-parcel of the area. The exact acreage and legal

8 description used for purposes of the transfer under sub9 section (a) shall be in accordance with a survey that is

10 satisfactory to the Secretary.

11 (d) For the purposes of this section—

12 (1) the term ‘‘Secretary’’ means the Secretary

13 of Health and Human Services; and

14 (2) the term ‘‘University of Miami’’ means the

15 University of Miami located in the State of Florida.

16 SEC. 648. (a) INCREASED PENALTIES FOR COUN17 TERFEITING VIOLATIONS.—Sections 474 and 474A of

18 title 18, United States Code, are amended by striking

19 ‘‘class C felony’’ each place that term appears and insert20 ing ‘‘class B felony’’.

21 (b) CRIMINAL PENALTY FOR PRODUCTION, SALE,

22 TRANSPORTATION, POSSESSION OF FICTITIOUS FINAN23 CIAL INSTRUMENTS PURPORTING TO BE THOSE OF THE

24 STATES, OF POLITICAL SUBDIVISIONS, AND OF PRIVATE

25 ORGANIZATIONS.—
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1 (1) IN GENERAL.—Chapter 25 of title 18, Unit2 ed States Code, is amended by inserting after sec3 tion 513, the following new section:

4 ‘‘§ 514. Fictitious obligations

5 ‘‘(a) Whoever, with the intent to defraud—

6 ‘‘(1) draws, prints, processes, produces, pub7 lishes, or otherwise makes, or attempts or causes the

8 same, within the United States;

9 ‘‘(2) passes, utters, presents, offers, brokers, is10 sues, sells, or attempts or causes the same, or with

11 like intent possesses, within the United States; or

12 ‘‘(3) utilizes interstate or foreign commerce, in13 cluding the use of the mails or wire, radio, or other

14 electronic communication, to transmit, transport,

15 ship, move, transfer, or attempts or causes the same,

16 to, from, or through the United States,

17 any false or fictitious instrument, document, or other item

18 appearing, representing, purporting, or contriving through

19 scheme or artifice, to be an actual security or other finan20 cial instrument issued under the authority of the United

21 States, a foreign government, a State or other political

22 subdivision of the United States, or an organization, shall

23 be guilty of a class B felony.
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1 ‘‘(b) For purposes of this section, any term used in

2 this section that is defined in section 513(c) has the same

3 meaning given such term in section 513(c).

4 ‘‘(c) The United States Secret Service, in addition to

5 any other agency having such authority, shall have author6 ity to investigate offenses under this section.’’.

7 (2) TECHNICAL AMENDMENT.—The analysis for

8 chapter 25 of title 18, United States Code, is

9 amended by inserting after the item relating to sec10 tion 513 the following:

‘‘514. Fictitious obligations.’’.

11 (c) PERIOD OF EFFECT.—This section and the

12 amendments made by this section shall become effective

13 on the date of enactment of this Act and shall remain in

14 effect during each fiscal year following that date of enact15 ment.

16 SEC. 649. None of the funds appropriated by this Act

17 may be used by an agency to provide a Federal employee’s

18 home address to any labor organization except when it is

19 made known to the Federal official having authority to

20 obligate or expend such funds that the employee has au21 thorized such disclosure or that such disclosure has been

22 ordered by a court of competent jurisdiction.

23 SEC. 650. (a) No later than 45 days after the date

24 of the enactment of this Act, the Inspector General of each
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1 Federal department or agency that uses administratively

2 uncontrollable overtime in the pay of any employee shall—

3 (1) conduct an audit on the use of administra4 tively uncontrollable overtime by employees of such

5 department or agency, which shall include—

6 (A) an examination of the policies, extent,

7 costs, and other relevant aspects of the use of

8 administratively uncontrollable overtime at the

9 department or agency; and

10 (B) a determination of whether the eligi11 bility criteria of the department or agency and

12 payment of administratively uncontrollable over13 time comply with Federal statutory and regu14 latory requirements; and

15 (2) submit a report of the findings and conclu16 sions of such audit to—

17 (A) the Office of Personnel Management;

18 (B) the Governmental Affairs Committee

19 of the Senate; and

20 (C) the Government Reform and Oversight

21 Committee of the House of Representatives.

22 (b) No later than 30 days after the submission of the

23 report under subsection (a), the Office of Personnel Man24 agement shall issue revised guidelines to all Federal de25 partments and agencies that—
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1 (1) limit the use of administratively uncontrol2 lable overtime to employees meeting the statutory in3 tent of section 5545(c)(2) of title 5, United States

4 Code; and

5 (2) expressly prohibit the use of administra6 tively uncontrollable overtime for—

7 (A) customary or routine work duties; and

8 (B) work duties that are primarily admin9 istrative in nature, or occur in noncompelling

10 circumstances.

11 SEC. 651. Notwithstanding section 8116 of title 5,

12 United States Code, and in addition to any payment made

13 under 5 U.S.C. 8101 et seq., beginning in fiscal year 1997

14 and thereafter, the head of any department or agency is

15 authorized to pay from appropriations made available to

16 the department or agency a death gratuity to the personal

17 representative (as that term is defined by applicable law)

18 of a civilian employee of that department or agency whose

19 death resulted from an injury sustained in the line of duty

20 on or after August 2, 1990: Provided, That payments

21 made pursuant to this section, in combination with the

22 payments made pursuant to sections 8133(f) and 8134(a)

23 of such title 5 and section 312 of Public Law 103–332

24 (108 Stat. 2537), may not exceed a total of $10,000 per

25 employee.
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1 SEC. 653. (a) AUTHORIZATION.—The Secretary of

2 the Treasury is authorized to establish scientific certifi3 cation standards for explosives detection canines, and shall

4 provide, on a reimbursable basis, for the certification of

5 explosives detection canines employed by Federal agencies,

6 or other agencies providing explosives detection services at

7 airports in the United States.

8 (b) AUTHORIZATION OF APPROPRIATIONS.—There

9 are authorized to be appropriated such sums as may be

10 necessary to carry out the purposes of this section.

11 SEC. 654. NATIONAL REPOSITORY FOR INFORMA12 TION ON EXPLOSIVES INCIDENTS AND ARSON.

13 (a) Section 846 of title 18, United States Code,

14 is amended by—

15 (1) designating the existing section as sub16 section (a); and

17 (2) by adding the following new subsection

18 (b) to read as follows:

19 ‘‘(b) The Secretary is authorized to establish a

20 national repository of information on incidents in21 volving arson and the suspected criminal misuse of

22 explosives. All Federal agencies having information

23 concerning such incidents shall report the informa24 tion to the Secretary pursuant to such regulations as

25 deemed necessary to carry out the provisions of this
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1 subsection. The repository shall also contain infor2 mation on incidents voluntarily reported to the Sec3 retary by State and local authorities.’’.

4 (b) There is authorized to be appropriated such

5 sums as may be necessary to carry out the provi6 sions of this subsection.

7 SEC. 655. Section 5(c)(1) of Public Law 102–259 (20

8 U.S.C. 5603(c)(1)) is amended—

9 (1) in subparagraph (A)(iii), by striking ‘‘and’’

10 after the semicolon;

11 (2) in subparagraph (B), by striking the period

12 and inserting ‘‘; and’’; and

13 (3) by adding after subparagraph (B) the fol14 lowing:

15 ‘‘(C) a Trustee may serve after the expiration

16 of the Trustee’s term until a successor has been cho17 sen.’’.

18 SEC. 656. Notwithstanding any other provision of

19 law, the Secretary of the Interior, through the Bureau of

20 Indian Affairs, may directly transfer to Indian tribes in

21 North and South Dakota portable housing units at the

22 Grand Forks Air Force base in North Dakota which have

23 been declared excess by the Department of Defense and

24 requested for transfer by the Department of the Interior.
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1 SEC. 657. Section 922(q) of title 18, United States

2 Code, is amended to read as follows:

3 ‘‘(q)(1) The Congress finds and declares that—

4 ‘‘(A) crime, particularly crime involving drugs

5 and guns, is a pervasive, nationwide problem;

6 ‘‘(B) crime at the local level is exacerbated by

7 the interstate movement of drugs, guns, and crimi8 nal gangs;

9 ‘‘(C) firearms and ammunition move easily in

10 interstate commerce and have been found in increas11 ing numbers in and around schools, as documented

12 in numerous hearings in both the Committee on the

13 Judiciary of the House of Representatives and the

14 Committee on the Judiciary of the Senate;

15 ‘‘(D) in fact, even before the sale of a firearm,

16 the gun, its component parts, ammunition, and the

17 raw materials from which they are made have con18 siderably moved in interstate commerce;

19 ‘‘(E) while criminals freely move from State to

20 State, ordinary citizens and foreign visitors may fear

21 to travel to or through certain parts of the country

22 due to concern about violent crime and gun violence,

23 and parents may decline to send their children to

24 school for the same reason;
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1 ‘‘(F) the occurrence of violent crime in school

2 zones has resulted in a decline in the quality of edu3 cation in our country;

4 ‘‘(G) this decline in the quality of education has

5 an adverse impact on interstate commerce and the

6 foreign commerce of the United States;

7 ‘‘(H) States, localities, and school systems find

8 it almost impossible to handle gun-related crime by

9 themselves—even States, localities, and school sys10 tems that have made strong efforts to prevent, de11 tect, and punish gun-related crime find their efforts

12 unavailing due in part to the failure or inability of

13 other States or localities to take strong measures;

14 and

15 ‘‘(I) the Congress has the power, under the

16 interstate commerce clause and other provisions of

17 the Constitution, to enact measures to ensure the in18 tegrity and safety of the Nation’s schools by enact19 ment of this subsection.

20 ‘‘(2)(A) It shall be unlawful for any individual know21 ingly to possess a firearm that has moved in or that other22 wise affects interstate or foreign commerce at a place that

23 the individual knows, or has reasonable cause to believe,

24 is a school zone.
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1 ‘‘(B) Subparagraph (A) does not apply to the posses2 sion of a firearm—

3 ‘‘(i) on private property not part of school

4 grounds;

5 ‘‘(ii) if the individual possessing the firearm is

6 licensed to do so by the State in which the school

7 zone is located or a political subdivision of the State,

8 and the law of the State or political subdivision re9 quires that, before an individual obtains such a li10 cense, the law enforcement authorities of the State

11 or political subdivision verify that the individual is

12 qualified under law to receive the license;

13 ‘‘(iii) that is—

14 ‘‘(I) not loaded; and

15 ‘‘(II) in a locked container, or a locked

16 firearms rack that is on a motor vehicle;

17 ‘‘(iv) by an individual for use in a program ap18 proved by a school in the school zone;

19 ‘‘(v) by an individual in accordance with a con20 tract entered into between a school in the school

21 zone and the individual or an employer of the indi22 vidual;

23 ‘‘(vi) by a law enforcement officer acting in his

24 or her official capacity; or
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1 ‘‘(vii) that is unloaded and is possessed by an

2 individual while traversing school premises for the

3 purpose of gaining access to public or private lands

4 open to hunting, if the entry on school premises is

5 authorized by school authorities.

6 ‘‘(3)(A) Except as provided in subparagraph (B), it

7 shall be unlawful for any person, knowingly or with reck8 less disregard for the safety of another, to discharge or

9 attempt to discharge a firearm that has moved in or that

10 otherwise affects interstate or foreign commerce at a place

11 that the person knows is a school zone.

12 ‘‘(B) Subparagraph (A) does not apply to the dis13 charge of a firearm—

14 ‘‘(i) on private property not part of school

15 grounds;

16 ‘‘(ii) as part of a program approved by a school

17 in the school zone, by an individual who is partici18 pating in the program;

19 ‘‘(iii) by an individual in accordance with a con20 tract entered into between a school in a school zone

21 and the individual or an employer of the individual;

22 or

23 ‘‘(iv) by a law enforcement officer acting in his

24 or her official capacity.
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1 ‘‘(4) Nothing in this subsection shall be construed as

2 preempting or preventing a State or local government

3 from enacting a statute establishing gun free school zones

4 as provided in this subsection.’’.

5 SEC. 658. GUN BAN FOR INDIVIDUALS CONVICTED OF A

6 MISDEMEANOR CRIME OF DOMESTIC VIO7 LENCE.

8 (a) DEFINITION.—Section 921(a) of title 18,

9 United States Code, is amended by adding at the end the

10 following:

11 ‘‘(33)(A) Except as provided in subparagraph

12 (C), the term ‘misdemeanor crime of domestic vio13 lence’ means an offense that—

14 ‘‘(i) is a misdemeanor under Federal or

15 State law; and

16 ‘‘(ii) has, as an element, the use or at17 tempted use of physical force, or the threatened

18 use of a deadly weapon, committed by a current

19 or former spouse, parent, or guardian of the

20 victim, by a person with whom the victim

21 shares a child in common, by a person who is

22 cohabiting with or has cohabited with the victim

23 as a spouse, parent, or guardian, or by a person

24 similarly situated to a spouse, parent, or guard25 ian of the victim.
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1 ‘‘(B)(i) A person shall not be considered to have

2 been convicted of such an offense for purposes of

3 this chapter, unless—

4 ‘‘(I) the person was represented by counsel

5 in the case, or knowingly and intelligently

6 waived the right to counsel in the case; and

7 (II) in the case of a prosecution for an of8 fense described in this paragraph for which a

9 person was entitled to a jury trial in the juris10 diction in which the case was tried, either

11 (aa) the case was tried by a jury, or

12 (bb) the person knowingly and intel13 ligently waived the right to have the case

14 tried by a jury, by guilty plea or otherwise.

15 ‘‘(ii) A person shall not be considered to have

16 been convicted of such an offense for purposes of

17 this chapter if the conviction has been expunged or

18 set aside, or is an offense for which the person has

19 been pardoned or has had civil rights restored (if the

20 law of the applicable jurisdiction provides for the

21 loss of civil rights under such an offense) unless the

22 pardon, expungement, or restoration of civil rights

23 expressly provides that the person may not ship,

24 transport, possess, or receive firearms.’’.

25 (b)PROHIBITIONS.—
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1 (1) Section 922(d) of such title is amended—

2 (A) by striking ‘‘or’’ at the end of para3 graph (7);

4 (B) by striking the period at the end of

5 paragraph (8) and inserting ‘‘; or’’; and

6 (C) by inserting after paragraph (8) the

7 following:

8 ‘‘(9) has been convicted in any court of a mis9 demeanor crime of domestic violence.’’.

10 (2) Section 922(g) of such title is amended—

11 (A) by striking ‘‘or’’ at the end of

12 paragrph (7);

13 (B) by striking the comma at the end of

14 paragraph (8) and inserting ‘‘; or’’; and

15 (C) by inserting after paragraph (8) the

16 following:

17 ‘‘(9) who has been convicted in any court of a

18 misdemeanor crime of domestic violence,’’.

19 (3) Section 922(s)(3)(B)(i) of such title is

20 amended by inserting ‘‘, and has not been convicted

21 in any court of a misdemeanor crime of domestic vi22 olence’’ before this semicolon.

23 (c) GOVERNMENT ENTITIES NOT EXCEPTED.—

24 Section 925(a)(1) of such title is amended by inserting
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1 ‘‘sections 922(d)(9) and 922(g)(9) and’’ after ‘‘except

2 for’’.

3 SEC. 659. THRIFT SAVINGS PLAN.

4 TITLE I—ADDITIONAL INVESTMENT FUNDS FOR THE

5 THRIFT SAVINGS PLAN

6 SEC. 101. SHORT TITLE.

7 This title may be cited as the ‘‘Thrift Savings Invest8 ment Funds Act of 1996’’.

9 SEC. 102. ADDITIONAL INVESTMENT FUNDS FOR THE

10 THRIFT SAVINGS PLAN.

11 Section 8438 of title 5, United States Code, is

12 amended—

13 (1) in subsection (a)—

14 (A) by redesignating paragraphs (5)

15 through (8) as paragraphs (6) through (9), re16 spectively;

17 (B) by inserting after paragraph (4) the

18 following new paragraph:

19 ‘‘(5) the term ‘International Stock Index Invest20 ment Fund’ means the International Stock Index In21 vestment Fund established under subsection

22 (b)(1)(E);’’;

23 (C) in paragraph (8) (as redesignated by

24 subparagraph (A) of this paragraph) by strik25 ing out ‘‘and’’ at the end thereof;
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1 (D) in paragraph (9) (as redesignated by

2 subparagraph (A) of this paragraph)—

3 (i) by striking out ‘‘paragraph

4 (7)(D)’’ in each place it appears and in5 serting in each such place ‘‘paragraph

6 (8)(D)’’; and

7 (ii) by striking out the period and in8 serting in lieu thereof a semicolon and

9 ‘‘and’’; and

10 (E) by adding at the end thereof the fol11 lowing new paragraph:

12 ‘‘(10) the term ‘Small Capitalization Stock

13 Index Investment Fund’ means the Small Capitaliza14 tion Stock Index Investment Fund established under

15 subsection (b)(1)(D).’’; and

16 (2) in subsection (b)—

17 (A) in paragraph (1)—

18 (i) in subparagraph (B) by striking

19 out ‘‘and’’ at the end thereof;

20 (ii) in subparagraph (C) by striking

21 out the period and inserting in lieu thereof

22 a semicolon; and

23 (iii) by adding at the end thereof the

24 following new subparagraphs:
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1 ‘‘(D) a Small Capitalization Stock Index

2 Investment Fund as provided in paragraph (3);

3 and

4 ‘‘(E) an International Stock Index Invest5 ment Fund as provided in paragraph (4).’’; and

6 (B) by adding at the end thereof the fol7 lowing new paragraphs:

8 ‘‘(3)(A) The Board shall select an index which

9 is a commonly recognized index comprised of com10 mon stock the aggregate market value of which rep11 resents the United States equity markets excluding

12 the common stocks included in the Common Stock

13 Index Investment Fund.

14 ‘‘(B) The Small Capitalization Stock Index In15 vestment Fund shall be invested in a portfolio de16 signed to replicate the performance of the index in

17 subparagraph (A). The portfolio shall be designed

18 such that, to the extent practicable, the percentage

19 of the Small Capitalization Stock Index Investment

20 Fund that is invested in each stock is the same as

21 the percentage determined by dividing the aggregate

22 market value of all shares of that stock by the ag23 gregate market value of all shares of all stocks in24 cluded in such index.
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1 ‘‘(4)(A) The Board shall select an index which

2 is a commonly recognized index comprised of stock

3 the aggregate market value of which is a reasonably

4 complete representation of the international equity

5 markets excluding the United States equity markets.

6 ‘‘(B) The International Stock Index Investment

7 Fund shall be invested in a portfolio designed to rep8 licate the performance of the index in subparagraph

9 (A). The portfolio shall be designed such that, to the

10 extent practicable, the percentage of the Inter11 national Stock Index Investment Fund that is in12 vested in each stock is the same as the percentage

13 determined by dividing the aggregate market value

14 of all shares of that stock by the aggregate market

15 value of all shares of all stocks included in such

16 index.’’.

17 SEC. 103. ACKNOWLEDGEMENT OF INVESTMENT RISK.

18 Section 8439(d) of title 5, United States Code, is

19 amended by striking out ‘‘Each employee, Member, former

20 employee, or former Member who elects to invest in the

21 Common Stock Index Investment Fund or the Fixed In22 come Investment Fund described in paragraphs (1) and

23 (3),’’ and inserting in lieu thereof ‘‘Each employee, Mem24 ber, former employee, or former Member who elects to in25 vest in the Common Stock Index Investment Fund, the
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1 Fixed Income Investment Fund, the International Stock

2 Index Investment Fund, or the Small Capitalization Stock

3 Index Investment Fund, defined in paragraphs (1), (3),

4 (5), and (10),’’.

5 SEC. 104. EFFECTIVE DATE.

6 This title shall take effect on the date of enactment

7 of this Act, and the Funds established under this title

8 shall be offered for investment at the earliest practicable

9 election period (described in section 8432(b) of title 5,

10 United States Code) as determined by the Executive Di11 rector in regulations.

12 TITLE II—THRIFT SAVINGS ACCOUNTS LIQUIDITY

13 SEC. 201. SHORT TITLE.

14 This title may be cited as the ‘‘Thrift Savings Plan

15 Act of 1996’’.

16 SEC. 202. NOTICE TO SPOUSES FOR IN-SERVICE WITHDRAW17 ALS; DE MINIMUS ACCOUNTS; CIVIL SERVICE

18 RETIREMENT SYSTEM PARTICIPANTS.

19 Section 8351(b) of title 5, United States Code, is

20 amended—

21 (1) in paragraph (5)—

22 (A) in subparagraph (B)—

23 (i) by striking out ‘‘An election,

24 change of election, or modification (relat25 ing to the commencement date of a de-
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1 ferred annuity)’’ and inserting in lieu

2 thereof ‘‘An election or change of election’’;

3 (ii) by inserting ‘‘or withdrawal’’ after

4 ‘‘and a loan’’;

5 (iii) by inserting ‘‘and (h)’’ after

6 ‘‘8433(g)’’;

7 (iv) by striking out ‘‘the election,

8 change of election, or modification’’ and in9 serting in lieu thereof ‘‘the election or

10 change of election’’; and

11 (v) by inserting ‘‘or withdrawal’’ after

12 ‘‘for such loan’’; and

13 (B) in subparagraph (D)—

14 (i) by inserting ‘‘or withdrawals’’ after

15 ‘‘of loans’’; and

16 (ii) by inserting ‘‘or (h)’’ after

17 ‘‘8433(g)’’; and

18 (2) in paragraph (6)—

19 (A) by striking out ‘‘$3,500 or less’’ and

20 inserting in lieu thereof ‘‘less than an amount

21 that the Executive Director prescribes by regu22 lation’’; and

23 (B) by striking out ‘‘unless the employee

24 or Member elects, at such time and otherwise in

25 such manner as the Executive Director pre-
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1 scribes, one of the options available under sub2 section (b)’’.

3 SEC. 203. IN-SERVICE WITHDRAWALS; WITHDRAWAL ELEC4 TIONS, FEDERAL EMPLOYEES RETIREMENT

5 SYSTEM PARTICIPANTS.

6 (a) IN GENERAL.—Section 8433 of title 5, United

7 States Code, is amended—

8 (1) by striking out subsections (b) and (c) and

9 inserting in lieu thereof the following:

10 ‘‘(b) Subject to section 8435 of this title, any em11 ployee or Member who separates from Government em12 ployment is entitled and may elect to withdraw from the

13 Thrift Savings Fund the balance of the employee’s or

14 Member’s account as—

15 ‘‘(1) an annuity;

16 ‘‘(2) a single payment;

17 ‘‘(3) 2 or more substantially equal payments to

18 be made not less frequently than annually; or

19 ‘‘(4) any combination of payments as provided

20 under paragraphs (1) through (3) as the Executive

21 Director may prescribe by regulation.

22 ‘‘(c)(1) In addition to the right provided under sub23 section (b) to withdraw the balance of the account, an em24 ployee or Member who separates from Government service

25 and who has not made a withdrawal under subsection
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1 (h)(1)(A) may make one withdrawal of any amount as a

2 single payment in accordance with subsection (b)(2) from

3 the employee’s or Member’s account.

4 ‘‘(2) An employee or Member may request that the

5 amount withdrawn from the Thrift Savings Fund in ac6 cordance with subsection (b)(2) be transferred to an eligi7 ble retirement plan.

8 ‘‘(3) The Executive Director shall make each transfer

9 elected under paragraph (2) directly to an eligible retire10 ment plan or plans (as defined in section 402(c)(8) of the

11 Internal Revenue Code of 1986) identified by the em12 ployee, Member, former employee, or former Member for

13 whom the transfer is made.

14 ‘‘(4) A transfer may not be made for an employee,

15 Member, former employee, or former Member under para16 graph (2) until the Executive Director receives from that

17 individual the information required by the Executive Di18 rector specifically to identify the eligible retirement plan

19 or plans to which the transfer is to be made.’’;

20 (2) in subsection (d)—

21 (A) in paragraph (1) by striking out ‘‘Sub22 ject to paragraph (3)(A)’’ and inserting in lieu

23 thereof ‘‘Subject to paragraph (3)’’;
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1 (B) by striking out paragraph (2) and re2 designating paragraph (3) as paragraph (2);

3 and

4 (C) in paragraph (2) (as redesignated

5 under subparagraph (B) of this paragraph)—

6 (i) in subparagraph (A) by striking

7 out ‘‘(A) by striking out ‘‘(A)’’; and

8 (ii) by striking out subparagraph (B);

9 (3) in subsection (f)(1)—

10 (A) by striking out ‘‘$3,500 or less’’ and

11 inserting in lieu thereof ‘‘less than an amount

12 that the Executive Director prescribes by regu13 lation; and

14 (B) by striking out ‘‘unless the employee

15 or Member elects, at such time and otherwise in

16 such manner as the Executive Director pre17 scribes, one of the options available under sub18 section (b), or’’ and inserting a comma;

19 (4) in subsection (f)(2)—

20 (A) by striking out ‘‘February 1’’ and in21 serting in lieu thereof ‘‘April 1’’;

22 (B) in subparagraph (A)—

23 (i) by striking out ‘‘65’’ and inserting

in lieu thereof ‘‘701 24 ⁄2’’; and
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1 (ii) by inserting ‘‘or’’ after the semi2 colon;

3 (C) by striking out subparagraph (B); and

4 (D) by redesignating subparagraph (C) as

5 subparagraph (B);

6 (5) in subsection (g)—

7 (A) in paragraph (1) by striking out ‘‘after

8 December 31, 1987, and’’, and by adding at the

9 end of the paragraph the following sentence:

10 ‘‘Before a loan is issued, the Executive Director

11 shall provide in writing the employee or Mem12 ber with appropriate information concerning the

13 cost of the loan relative to other sources of fi14 nancing, as well as the lifetime cost of the loan,

15 including the difference in interest rates be16 tween the funds offered by the Thrift Savings

17 Fund, and any other effect of such loan on the

18 employee’s or Member’s final account balance.’’;

19 and

20 (B) by striking out paragraph (2) and re21 designating paragraphs (3) through (5) as

22 paragraphs (2) through (4), respectively; and

23 (6) by adding after subsection (g) the following

24 new subsection:
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1 ‘‘(h)(1) An employee or Member may apply, be2 fore separation, to the Board for permission to withdraw

3 an amount from the employee’s or Member’s account

4 based upon—

5 ‘‘(A) the employee or Member having attained

age 591 6 ⁄2; or

7 ‘‘(B) financial hardship.

8 ‘‘(2) A withdrawal under paragraph (1)(A) shall

9 be available to each eligible participant one time only.

10 ‘‘(3) A withdrawal under paragraph (1)(B) shall

11 be available only for an amount not exceeding the value

12 of that portion of such account which is attributable to

13 contributions made by the employee or Member under

14 section 8432(a) of this title.

15 ‘‘(4) Withdrawals under paragraph (1) shall be

16 subject to such other conditions as the Executive Director

17 may prescribe by regulation.

18 ‘‘(5) A withdrawal may not be made under this

19 subsection unless the requirements of section 8435(e) of

20 this title are satisfied.’’.

21 (b) INVALIDITY OF CERTAIN PRIOR ELEC22 TIONS.—Any election made under section 8433(b)(2) of

23 title 5, United States Code (as in effect before the effec24 tive date of this title), with respect to an annuity which

25 has not commenced before the implementation date of
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1 this title as provided by regulation by the Executive Di2 rector in accordance with section 207 of this title, shall

3 be invalid.

4 SEC. 204. SURVIVOR ANNUITIES FOR FORMER SPOUSES;

5 NOTICE TO FEDERAL EMPLOYEES RETIRE6 MENT SYSTEM SPOUSES FOR IN-SERVICE

7 WITHDRAWALS.

8 Section 8435 of title 5, United States Code, is

9 amended—

10 (1) in subsection (a)(1)(A)—

11 (A) by striking out ‘‘may make an election

12 under subsection (b)(3) or (b)(4) or section

13 8433 of this title or change an election pre14 viously made under subsection (b)(1) or (b)(2)

15 of such section’’ and inserting in lieu thereof

16 ‘‘may withdraw all or part of a Thrift Savings

17 Fund account under subsection (b) (2), (3), or

18 (4) of section 8433 of this title or change a

19 withdrawal election’’; and

20 (B) by adding at the end thereof ‘‘A mar21 ried employee or Member (or former employee

22 or Member) may make a withdrawal from a

23 Thrift Savings Fund account under subsection

24 (c)(1) of section 8433 of this title only if the

25 employee or Member (or former employee or
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1 Member) satisfies the requirements of subpara2 graph (B).’’;

3 (2) in subsection (c)—

4 (A) in paragraph (1)—

5 (i) by striking out ‘‘An election,

6 change of election, or modification of the

7 commencement date of a deferred annuity’’

8 and inserting in lieu thereof ‘‘An election

9 or change of election’’; and

10 (ii) by striking out ‘‘modification, or transfer’’

11 and inserting in lieu thereof ‘‘or transfer’’; and

12 (B) in paragraph (2) in the matter follow13 ing subparagraph (B)(ii) by striking out ‘‘modi14 fication,’’;

15 (3) in subsection (e)—

16 (A) in paragraph (1)—

17 (i) in subparagraph (A)—

18 (I) by inserting ‘‘or withdrawal’’

19 after ‘‘A loan;’’;

20 (II) by inserting ‘‘and (h)’’ after

21 ‘‘8433(g)’’; and

22 (III) by inserting ‘‘or with23 drawal’’ after ‘‘such loan’’;

24 (ii) in subparagraph (B) by inserting

25 ‘‘or withdrawal’’ after ‘‘loan’’; and
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1 (iii) in subparagraph (C)—

2 (I) by inserting ‘‘or withdrawal’’

3 after ‘‘to a loan’’; and

4 (II) by inserting ‘‘or withdrawal’’

5 after ‘‘for such loan’’; and

6 (B) in paragraph (2)—

7 (i) by inserting ‘‘or withdrawal’’ after

8 ‘‘loan’’; and

9 (ii) by inserting ‘‘and (h)’’ after

10 ‘‘8344(g)’’; and

11 (4) in subsection (g)—

12 (A) by inserting ‘‘or withdrawals’’ after

13 ‘‘loans’’; and

14 (B) by inserting ‘‘and (h)’’ after

15 ‘‘8344(g)’’.

16 SEC. 205. DE MINIMUS ACCOUNTS RELATING TO THE JUDI17 CIARY.

18 (a) JUSTICES AND JUDGES.—Section 8440a(b)(7)

19 of title 5, United States Code, is amended—

20 (1) by striking out ‘‘$3,500 or less’’ and insert21 ing in lieu thereof ‘‘less than an amount that the

22 Executive Director prescribes by regulation’’; and

23 (2) by striking out ‘‘unless the justice or judge

24 elects, at such time and otherwise in such manner
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1 as the Executive Director prescribes, one of the op2 tions available under section 8433(b)’’.

3 (b) BANKRUPTCY JUDGES AND MAGISTRATES.—

4 Section 8440b(b) of title 5, United States Code, is

5 amended—

6 (1) in paragraph (7) in the first sentence by in7 serting ‘‘of the distribution’’ after ‘‘equal to the

8 amount’’; and

9 (2) in paragraph (8)—

10 (A) by striking out ‘‘$3,500 or less’’ and

11 inserting in lieu thereof ‘‘less than an amount

12 that the Executive Director prescribes by regu13 lation’’; and

14 (B) by striking out ‘‘unless the bankruptcy

15 judge or magistrate elects, at such time and

16 otherwise in such manner as the Executive Di17 rector prescribes, one of the options available

18 under subsection (b)’’.

19 (c) FEDERAL CLAIMS JUDGES.—Section 8440c(b)

20 of title 5, United States Code, is amended—

21 (1) in paragraph (7) in the first sentence by in22 serting ‘‘of the distribution’’ after ‘‘equal to the

23 amount’’; and

24 (2) in paragraph (8)—
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1 (A) by striking out ‘‘$3,500 or less’’ and

2 inserting in lieu thereof ‘‘less than an amount

3 that the Executive Director prescribes by regu4 lation’’; and

5 (B) by striking out ‘‘unless the judge

6 elects, at such time and otherwise in such man7 ner as the Executive Director prescribes, one of

8 the options available under section 8433(b)’’.

9 SEC. 206. DEFINITION OF BASIC PAY.

10 (a) IN GENERAL.—(1) Section 8401(4) of title 5,

11 United States Code, is amended by striking out ‘‘except

12 as provided in subchapter III of this chapter,’’.

13 (2) Section 8431 of title 5, United States Code,

14 is repealed.

15 (b) TECHNICAL AND CONFORMING AMEND16 MENTS.—(1) The table of sections for chapter 84 of title

17 5, United States Code, is amended by striking out the

18 item relating to section 8431.

19 (2) Section 5545a(h)(2)(A) of title 5, United

20 States Code, is amended by striking out ‘‘8431,’’.

21 (3) Section 615(f) of the Treasury, Postal Service,

22 and General Government Appropriations Act, 1996 (Pub23 lic Law 104–52; 109 Stat. 500; 5 U.S.C. 5343 note) is

24 amended by striking out ‘‘section 8431 of title 5, United

25 States Code,’’.
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1 SEC. 207. EFFECTIVE DATE.

2 This title shall take effect on the date of the en3 actment of this Act and withdrawals and elections as pro4 vided under the amendments made by this title shall be

5 made at the earliest practicable date as determined by

6 the Executive Director in regulations.

7 SEC. 660. Notwithstanding Section 613, inter8 agency financing is authorized to carry out the purposes

9 of the National Bioethics Advisory Commission.

10 SEC. 661. (a) DESIGNATION.—The United States

11 courthouse to be constructed at 111 South 18th Plaza,

12 Omaha, Nebraska, shall be known and designated as the

13 ‘‘Roman L. Hruska United States Courthouse’’.

14 (b) REFERENCES.—Any reference in a law, map,

15 regulation, document, paper, or other record of the Unit16 ed States to the United States courthouse referred to in

17 section 1 shall be deemed to be a reference to the

18 ‘‘Roman L. Hruska United States Courthouse’’.

19 SEC. 662. (a) PROVISIONS RELATING TO TITLE

20 39, UNITED STATES CODE.—

21 ‘‘(1) APPOINTMENT AND REMOVAL OF INSPEC22 TOR GENERAL.—Section 202 of title 39, United

23 States Code, is amended by adding at the end the

24 following:

25 ‘‘(e)(1) The Governors shall appoint and shall

26 have the power to remove the Inspector General.
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1 ‘‘(2) The Inspector General shall be appointed—

2 ‘‘(A) for a term of 7 years;

3 ‘‘(B) without regard to political affiliation; and

4 ‘‘(C) solely on the basis of integrity and dem5 onstrated ability in accounting, auditing, financial

6 analysis, law, management analysis, public adminis7 tration, or investigations.

8 ‘‘(3) The Inspector General may at any time be

9 removed upon the written concurrence of at least 7 Gov10 ernors, but only for cause. Nothing in this subsection

11 shall be considered to exempt the Governors from the re12 quirements of section 8G(e) of the Inspector General Act

13 of 1978.’’.

14 (2) DEFINITION.—Section 102 of title 39, Unit15 ed States Code, is amended—

16 (A) by striking ‘‘and’’ at the end of para17 graph (2);

18 (B) by striking the period at the end of

19 paragraph (3) and inserting ‘‘; and’’; and

20 (C) by adding at the end the following:

21 ‘‘(4) ‘Inspector General’ means the Inspector

22 General appointed under section 202(e) of this

23 title.’’.

24 (3) SEPARATE ITEM IN ANNUAL BUDGET.—For

25 purposes of the fifth sentence of section 2009 of title
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1 39, United States Code, the operations of the Office

2 of Inspector General of the United States Postal

3 Service shall be considered a major type of activity.

4 (b) AMENDMENTS TO THE INSPECTOR GENERAL

5 ACT OF 1978.—

6 (1) GOVERNORS AS HEAD OF THE POSTAL

7 SERVICE.—Section 8G(a)(4) of the Inspector Gen8 eral Act of 1978 (5 U.S.C. App.) is amended by

9 striking ‘‘except that’’ and all that follows through

10 the semicolon and inserting ‘‘except that—

11 ‘‘(A) with respect to the National Science

12 Foundation, such term means the National

13 Science Board; and

14 ‘‘(B) with respect to the United States

15 Postal Service, such term means the Governors

16 (within the meaning of section 102(3) of title

17 39, United States Code);’’.

18 (2) SPECIAL RULES RELATING TO THE UNITED

19 STATES POSTAL SERVICE.—Subsection (f) of section

20 8G of such Act is amended to read as follows:

21 ‘‘(f)(1) For purposes of carrying out subsection

22 (c) with respect to the United States Postal Service, the

23 appointment provisions of section 202(e) of title 39,

24 United States Code, shall be applied.
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1 ‘‘(2) In carrying out the duties and responsibilities

2 specified in this Act, the Inspector General of the United

3 States Postal Service (hereinafter in this subsection re4 ferred to as the ‘Inspector General’) shall have oversight

5 responsibility for all activities of the Postal Inspection

6 Service, including any internal investigation performed by

7 the Postal Inspection Service. The Chief Postal Inspector

8 shall promptly report the significant activities being car9 ried out by the Postal Inspection Service to such Inspec10 tor General.

11 ‘‘(3)(A)(i) Notwithstanding subsection (d), the In12 spector General shall be under the authority, direction,

13 and control of the Governors with respect to audits or in14 vestigations, or the issuance of subpoenas, which require

15 access to sensitive information concerning—

16 ‘‘(I) ongoing civil or criminal investigations or

17 proceedings;

18 ‘‘(II) undercover operations;

19 ‘‘(III) the identity of confidential sources, in20 cluding protected witnesses;

21 ‘‘(IV) intelligence or counterintelligence mat22 ters; or

23 ‘‘(V) other matters the disclosure of which

24 would constitute a serious threat to national secu25 rity.
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1 ‘‘(ii) With respect to the information described

2 under clause (i), the Governors may prohibit the Inspec3 tor General from carrying out or completing any audit or

4 investigation, or from issuing any subpoena, after such

5 Inspector General has decided to initiate, carry out, or

6 complete such audit or investigation or to issue such sub7 poena, if the Governors determine that such prohibition

8 is necessary to prevent the disclosure of any information

9 described under clause (i) or to prevent the significant

10 impairment to the national interests of the United States.

11 ‘‘(iii) If the Governors exercise any power under

12 clause (i) or (ii), the Governors shall notify the Inspector

13 General in writing stating the reasons for such exercise.

14 Within 30 days after receipt of any such notice, the In15 spector General shall transmit a copy of such notice to

16 the Committee on Governmental Affairs of the Senate

17 and the Committee on Government Reform and Oversight

18 of the House of Representatives, and to other appropriate

19 committees or subcommittees of the Congress.

20 ‘‘(B) In carrying out the duties and responsibil21 ities specified in this Act, the Inspector General—

22 ‘‘(i) may initiate, conduct and supervise such

23 audits and investigations in the United States Postal

24 Service as the Inspector General considers appro25 priate; and
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1 ‘‘(ii) shall give particular regard to the activities

2 of the Postal Inspection Service with a view toward

3 avoiding duplication and insuring effective coordina4 tion and cooperation.

5 ‘‘(C) Any report required to be transmitted by the

6 Governors to the appropriate committees or subcommit7 tees of the Congress under section 5(d) shall also be

8 transmitted, within the seven-day period specified under

9 such section, to the Committee on Governmental Affairs

10 of the Senate and the Committee on Government Reform

11 and Oversight of the House of Representatives.

12 ‘‘(3) Nothing in this Act shall restrict, eliminate,

13 or otherwise adversely affect any of the rights, privileges,

14 or benefits of either employees of the United States Post15 al Service, or labor organizations representing employees

16 of the United States Postal Service, under chapter 12

17 of title 39, United States Code, the National Labor Rela18 tions Act, any handbook or manual affecting employee

19 labor relations with the United States Postal Service, or

20 any collective bargaining agreement.

21 ‘‘(4) As used in this subsection, the term ‘Gov22 ernors’ has the meaning given such term by section

23 102(3) of title 39, United States Code.’’.

24 (3) TECHNICAL CORRECTION.—The Inspector

25 General Act of 1978 is amended by redesignating
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1 the second section which is designated as section 8G

2 as section 8H.

3 (c) PROVISIONS RELATING TO COMPENSATION.—

4 (1) INSPECTOR GENERAL.—Section 5315 of

5 title 5, United States Code, is amended by adding

6 at the end the following:

7 ‘‘Inspector General, United States Postal Serv8 ice.’’.

9 The amendment made by the preceding sentence shall

10 apply notwithstanding section 410 or any other provision

11 of title 39, United States Code.

12 (2) OFFICERS AND EMPLOYEES OF THE OFFICE

13 OF INSPECTOR GENERAL OF THE UNITED STATES

14 POSTAL SERVICE; POSTAL INSPECTORS.—

15 (A) IN GENERAL.—Sectin 1003 of title 39,

16 United States Code, is amended—

17 (i) by redesignating subsection (b) as

18 subsection (d); and

19 (ii) by inserting after subsection (a)

20 the following:

21 ‘‘(b) Compensation and benefits for all officers

22 and employees serving in or under the Office of Inspector

23 General of the United States Postal Service shall be

24 maintained on a standard of comparability to the com25 pensation and benefits paid for comparable levels of work
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1 in the respective Offices of Inspector General of the var2 ious establishments named in section 11(2) of the Inspec3 tor General Act of 1978.

4 ‘‘(c) Compensation and benefits for all Postal In5 spectors shall be maintained on a standard of com6 parability to the compensation and benefits paid for com7 parable levels of work in the executive branch of the Gov8 ernment outside of the Postal Service. As used in this

9 subsection, the term ‘Postal Inspector’ included any

10 agent to whom any investigative powers are granted

11 under section 3061 of title 18.’’.

12 (B) CONFORMING AMENDMENT.—The first

13 sentence of section 1003(a) of title 39, United

14 States Code, is amended by striking ‘‘chapters

15 2 and 12 of this title’’ and inserting ‘‘chapters

16 2 and 12 of this title, section 8G of the Inspec17 tor General Act of 1978,’’.

18 (d) STRATEGIC PLANS.—

19 (1) OFFICE OF INSPECTOR GENERAL OF THE

20 UNITED STATES POSTAL SERVICE.—

21 (A) IN GENERAL.—Strategic plans shall be

22 prepared under this paragraph addressing staff23 ing requirements, general goals and objectives

24 for major functions and operations of the Office

25 of Inspector General of the United States Post-
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1 al Service, and how goals and objectives of the

2 Office are to be achieved, including a descrip3 tion of operational processes, skills and tech4 nology, and the human, capital, information,

5 and other resources required to meet those

6 goals and objectives.

7 (B) SPECIFIC REQUIREMENTS.—Plans

8 under this paragraph—

9 (i) shall be prepared by the Inspector

10 General of the United States Postal Serv11 ice;

12 (ii) shall each cover a 5-year period

13 (the beginning and ending dates of which

14 shall be specified in each such plan); and

15 (iii) shall be included, as part of the

16 annual budget required under section 2009

17 of title 39, United States Code, at least

18 every 3 years.

19 (C) FIRST SUBMISSION.—The first plan

20 under this paragraph shall be prepared in time

21 to be included with the annual budget under

22 section 2009 of title 39, United States Code,

23 next due to be submitted after the end of the

24 6-month period beginning on the date of the ap25 pointment of the first Inspector General to be
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1 appointed pursuant to the amendments made

2 by this section.

3 (2) POSTAL INSPECTION SERVICE.—The Chief

4 Postal Inspector shall, with respect to the Postal In5 spection Service, prepare a strategic plan similar in

6 content to that required under paragraph (1)(A)

7 with respect to the Office of Inspector General of the

8 United States Postal Service. Such plan shall be pre9 pared in time to be included with the annual budget

10 under section 2009 of such title 39 next due to be

11 submitted after the end of the 30-day period begin12 ning on the date of the enactment of this Act.

13 (e) FIRST APPOINTMENT; TRANSFERS; TRANSI14 TION PROVISION.—

15 (1) FIRST APPOINTMENT.—The first Inspector

16 General of the United States Postal Service ap17 pointed pursuant to the amendments made by this

18 section shall be appointed before the end of the 90-

19 day period beginning on the date of the enactment

20 of this Act.

21 (2) TRANSFERS.—

22 (A) IN GENERAL.—All measures described

23 in section 8G(b) of the Inspector General Act of

24 1978 necessary to establish an Office of Inspec25 tor General within the United States Postal
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1 Service pursuant to this section, including all

2 appropriate transfers, shall occur—

3 (i) no earlier than the date the appointment under

4 paragraph (1) is made; and

5 (ii) no later than 60 days after the date the ap6 pointment under paragraph (1) is made.

7 (B) PROVISIONS RELATING TO PERSON8 NEL.—

9 (i) CONSULTATION.—Decisions concerning which

10 personnel are to be transferred pursuant to subparagraph

11 (A) shall be made by the Governors (within the meaning

12 of section 102(3) of title 39, United States Code) in con13 sultation with the Inspector General appointed under

14 paragraph (1).

15 (ii) TRANSFERRED PERSONNEL.—Personnel

16 transferred pursuant to subparagraph (A) shall, to the

17 extent not inconsistent with other provisions of this sub18 section, be transferred in accordance with applicable laws

19 and regulations relating to the transfer of functions with20 in the United States Postal Service, except that, notwith21 standing any provision of section 1003(b) of title 39,

22 United States Code, as amended by this section, the clas23 sification and compensation of such personnel shall not

24 be reduced, by reason of having been transferred, for 1

25 year after being so transferred.
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1 (3) TRANSITION PROVISION.—The Chief Postal

2 Inspector may continue to serve as Inspector Gen3 eral of the United States Postal Service until the

4 date on which an Inspector General is appointed

5 under paragraph (1) or, if earlier, the end of the pe6 riod referred to in such paragraph. Compensation

7 for any service under this paragraph shall be deter8 mined as if this section had not been enacted.

9 (f) TECHNICAL AND CONFORMING AMEND10 MENTS.—

11 (1) Section 410(b) of title 39, United States

12 Code, is amended—

13 (A) by striking ‘‘and’’ at the end of para14 graph (9); and

15 (B) by amending paragraph (10) to read

16 as follows:

17 ‘‘(10) the Inspector General Act of 1978; and’’

18 (2)(A) Section 204 of such title 39 is amend19 ed—

20 (i) by amending the section heading to read as fol21 lows:
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1 ‘‘§ 204. General Counsel; Judicial Officer; Chief Postal

2 Inspector’’;

3 (ii) in the first sentence by striking ‘‘and a Judi4 cial Officer.’’ and inserting ‘‘a Judicial Officer, and a

5 Chief Postal Inspector.’’;

6 (iii) in the second sentence by striking ‘‘and the

7 Judicial Officer’’ and inserting ‘‘the Judicial Officer, and

8 the Chief Postal Inspector’’; and

9 (iv) by adding at the end the following: ‘‘The

10 Chief Postal Inspector shall report to, and be under the

11 general supervision of, the Postmaster General. The

12 Postmaster General shall promptly notify the Governors

13 and both Houses of Congress in writing if he or she re14 moves the Chief Postal Inspector or transfers the Chief

15 Postal Inspector to another position or location within

16 the Postal Service, and shall include in any such notifica17 tion the reasons for the removal or transfer.’’.

18 (B) The table of sections for chapter 2 of such

19 title 39 is amended by striking the item relating to

20 section 204 and inserting the following:

‘‘204. General Counsel; Judicial Officer; Chief Postal Inspector.’’.

21 SEC. 663. VOLUNTARY SEPARATION INCENTIVES

22 FOR EMPLOYEES OF CERTAIN FEDERAL AGENCIES.—(a)

23 DEFINITIONS.—For the purposes of this section—

24 (1) the term ‘‘agency’’ means any Executive

25 agency (as defined in section 105 of title 5, United
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1 States Code), other than an Executive agency (ex2 cept an agency receiving such authority in the De3 partment of Transportation Appropriations Act,

4 1997) that is authorized by any other provision of

5 this Act or any other Act to provide voluntary sepa6 ration incentive payments during all, or any part of,

7 fiscal year 1997; and

8 (2) the term ‘‘employee’’ means an employee

9 (as defined by section 2105 of title 5, United States

10 Code) who is employed by an agency, is serving

11 under an appointment without time limitation, and

12 has been currently employed for a continuous period

13 of at least 3 years, but does not include—

14 (A) a reemployed annuitant under sub15 chapter III of chapter 83 or chapter 84 of title

16 5, United States Code, or another retirement

17 system for employees of the agency;

18 (B) an employee having a disability on the

19 basis of which such employee is or would be eli20 gible for disability retirement under subchapter

21 III of chapter 83 or chapter 84 of title 5, Unit22 ed States Code, or another retirement system

23 for employees of the agency;
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1 (C) an employee who is in receipt of a spe2 cific notice of involuntary separation for mis3 conduct or unacceptable performance;

4 (D) an employee who, upon completing an

5 additional period of service as referred to in

6 section 3(b)(2)(B)(ii) of the Federal Workforce

7 Restructuring Act of 1994 (5 U.S.C. 5597

8 note), would qualify for a voluntary separation

9 incentive payment under section 3 of such Act;

10 (E) an employee who has previously re11 ceived any voluntary separation incentive pay12 ment by the Federal Government under this

13 section or any other authority and has not re14 paid such payment;

15 (F) an employee covered by statutory re16 employment rights who is on transfer to an17 other organization; or

18 (G) any employee who, during the twenty

19 four month period preceding the date of separa20 tion, has received a recruitment or relocation

21 bonus under section 5753 of title 5, United

22 States Code, or who, within the twelve month

23 period preceding the date of separation, re24 ceived a retention allowance under section 5754

25 of title 5, United States Code.
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1 (b) AGENCY STRATEGIC PLAN.—

2 (1) IN GENERAL.—The head of each agency,

3 prior to obligating any resources for voluntary sepa4 ration incentive payments, shall submit to the House

5 and Senate Committees on Appropriations and the

6 Committee on Governmental Affairs of the Senate

7 and the Committee on Government Reform and

8 Oversight of the House of Representatives a strate9 gic plan outlining the intended use of such incentive

10 payments and a proposed organizational chart for

11 the agency once such incentive payments have been

12 completed.

13 (2) CONTENTS.—The agency’s plan shall in14 clude—

15 (A) the positions and functions to be re16 duced or eliminated, identified by organizational

17 unit, geographic location, occupational category

18 and grade level;

19 (B) the number and amounts of voluntary

20 separation incentive payments to be offered;

21 and

22 (C) a description of how the agency will

23 operate without the eliminated positions and

24 functions.
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1 (c) AUTHORITY TO PROVIDE VOLUNTARY SEPA2 RATION INCENTIVE PAYMENTS.—

3 (1) IN GENERAL.—A voluntary separation in4 centive payment under this section may be paid by

5 an agency to any employee only to the extent nec6 essary to eliminate the positions and functions iden7 tified by the strategic plan.

8 (2) AMOUNT AND TREATMENT OF PAYMENTS.—

9 A voluntary separation incentive payment—

10 (A) shall be paid in a lump sum after the

11 employee’s separation;

12 (B) shall be paid from appropriations or

13 funds available for the payment of the basic pay

14 of the employees;

15 (C) shall be equal to the lesser of—

16 (i) an amount equal to the amount

17 the employee would be entitled to receive

18 under section 5595(c) of title 5, United

19 States Code; or

20 (ii) an amount determined by the

21 agency head not to exceed $25,000;

22 (D) may not be made except in the case of

23 any qualifying employee who voluntarily sepa24 rates (whether by retirement or resignation) be25 fore December 31, 1997;
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1 (E) shall not be a basis for payment, and

2 shall not be included in the computation, of any

3 other type of Government benefit; and

4 (F) shall not be taken into account in de5 termining the amount of any severance pay to

6 which the employee may be entitled under sec7 tion 5595 of title 5, United States Code, based

8 on any other separation.

9 (d) ADDITIONAL AGENCY CONTRIBUTIONS TO

10 THE RETIREMENT FUND.—

11 (1) IN GENERAL.—In addition to any other

12 payments which it is required to make under sub13 chapter III of chapter 83 of title 5, United States

14 Code, an agency shall remit to the Office of Person15 nel Management for deposit in the Treasury of the

16 United States to the credit of the Civil Service Re17 tirement and Disability Fund an amount equal to 15

18 percent of the final basic pay of each employee of

19 the agency who is covered under subchapter III of

20 chapter 83 or chapter 84 of title 5, United States

21 Code, to whom a voluntary separation incentive has

22 been paid under this section.

23 (2) DEFINITION.—For the purpose of para24 graph (1), the term ‘‘final basic pay’’, with respect

25 to an employee, means the total amount of basic pay
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1 which would be payable for a year of service by such

2 employee, computed using the employee’s final rate

3 of basic pay, and, if last serving on other than a

4 full-time basis, with appropriate adjustment there5 for.

6 (e) EFFECT OF SUBSEQUENT EMPLOYMENT

7 WITH THE GOVERNMENT.—An individual who has re8 ceived a voluntary separation incentive payment under

9 this section and accepts any employment for compensa10 tion with the Government of the United States, or who

11 works for any agency of the United States Government

12 through a personal services contract, within 5 years after

13 the date of the separation on which the payment is based

14 shall be required to pay, prior to the individual’s first day

15 of employment, the entire amount of the incentive pay16 ment to the agency that paid the incentive payment.

17 (f) REDUCTION OF AGENCY EMPLOYMENT LEV18 ELS.—

19 (1) IN GENERAL.—The total number of funded

20 employee positions in the agency shall be reduced by

21 one position for each vacancy created by the separa22 tion of any employee who has received, or is due to

23 receive, a voluntary separation incentive payment

24 under this section. For the purposes of this sub-
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1 section, positions shall be counted on a full-time

2 equivalent basis.

3 (2) ENFORCEMENT.—The President, through

4 the Office of Management and Budget, shall monitor

5 the agency and take any action necessary to ensure

6 that the requirements of this subsection are met.

7 (g) EFFECTIVE DATE.—This section shall take ef8 fect October 1, 1996.

9 SEC. 664. ELECTRONIC BENEFIT TRANSFER PILOT.

10 Title 31, United States Code, is amended by in11 serting after section 3335 the following new section:

12 ‘‘§ 3336. Electronic benefit transfer pilot

13 ‘‘(a) The Congress finds that:

14 ‘‘(1) Electronic benefit transfer (EBT) is a

15 safe, reliable, and economical way to provide benefit

16 payments to individuals who do not have an account

17 at a financial institution.

18 ‘‘(2) The designation of financial institutions as

19 financial agents of the Federal Government for EBT

20 is an appropriate and reasonable use of the Sec21 retary’s authority to designate financial agents.

22 ‘‘(3) A joint federal-state EBT system offers

23 convenience and economies of scale for those states

24 (and their citizens) that wish to deliver state-admin-
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1 istered benefits on a single card by entering into a

2 partnership with the federal government.

3 ‘‘(4) The Secretary’s designation of a financial

4 agent to deliver EBT is a specialized service not

5 available through ordinary business channels and

6 may be offered to the states pursuant to section

7 6501 et seq. of this title.

8 ‘‘(b) The Secretary shall continue to carry out the

9 existing EBT pilot to disburse benefit payments elec10 tronically to recipients who do not have an account at a

11 financial institution, which shall include the designation

12 of one or more financial institutions as a financial agent

13 of the Government, and the offering to the participating

14 states of the opportunity to contract with the financial

15 agent selected by the Secretary, as described in the Invi16 tation for Expressions of Interest to Acquire EBT Serv17 ices for the Southern Alliance of States dated March 9,

18 1995, as amended as of June 30, 1995, July 7, 1995,

19 and August 1, 1995.

20 ‘‘(c) The selection and designation of financial

21 agents, the design of the pilot program, and any other

22 matter associated with or related to the EBT pilot de23 scribed in subsection (b) shall not be subject to judicial

24 review.’’
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1 SEC. 665. DESIGNATION OF FINANCIAL AGENTS.

2 1. 12 U.S.C. 90 is amended by adding at the end

3 thereof the following:

4 ‘‘Notwithstanding the Federal Property and Administra5 tive Services Act of 1949, as amended, the Secretary may

6 select associations as financial agents in accordance with

7 any process the Secretary deems appropriate and their

8 reasonable duties may include the provision of electronic

9 benefit transfer services (including State-administered

10 benefits with the consent of the States), as defined by the

11 Secretary.’’.

12 2. Make conforming amendments to 12 U.S.C.

13 265, 266, 391, 1452(d), 1767, 1789a, 2013, 2122 and

14 to 31 U.S.C. 3122 and 3303.

15 TITLE VII—COUNTER-TERRORISM AND DRUG

16 LAW ENFORCEMENT

17 DEPARTMENT OF THE TREASURY

18 DEPARTMENTAL OFFICES

19 SALARIES AND EXPENSES

20 For an additional amount for the necessary ex21 penses of the Office of Foreign Assets Control, $288,000:

22 Provided, That of the amount provided, $288,000 is des23 ignated by Congress as an emergency requirement pursu24 ant to section 251(b)(2)(D)(i) of the Balanced Budget

25 and Emergency Deficit Control Act of 1985, as amended.
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1 OFFICE OF INSPECTOR GENERAL

2 SALARIES AND EXPENSES

3 For an additional amount for the necessary ex4 penses of the Office of Inspector General, $34,000, to re5 main available until expended: Provided, That of the

6 amount provided, $34,000 is designated by Congress as

7 an emergency requirement pursuant to section

8 251(b)(2)(D)(i) of the Balanced Budget and Emergency

9 Deficit Control Act of 1985, as amended.

10 COUNTER-TERRORISM FUND

11 For necessary expenses, as determined by the Sec12 retary, $15,000,000, to remain available until expended,

13 to reimburse any Department of the Treasury organiza14 tion for the costs of providing support to counter, inves15 tigate, or prosecute terrorism, including payment of re16 wards in connection with these activities: Provided, That

17 the entire amount of this appropriation shall be available

18 only to the extent that an official budget request for a

19 specific dollar amount, that includes designation of the

20 entire amount of the request as an emergency require21 ment as defined in the Balanced Budget and Emergency

22 Deficit Control Act of 1985, is transmitted by the Presi23 dent to Congress: Provided further, That the entire

24 amount is designated by Congress as an emergency ap25 propriation pursuant to section 251(b)(2)(D)(i) of such

26 Act.
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1 FEDERAL LAW ENFORCEMENT TRAINING CENTER

2 SALARIES AND EXPENSES

3 For an additional amount for the necessary ex4 penses of the Federal Law Enforcement Training Center,

5 $1,354,000, to remain available until expended: Provided,

6 That of the amount provided, $1,354,000 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 ACQUISITION, CONSTRUCTION, IMPROVEMENT, AND

11 RELATED EXPENSES

12 For an additional amount for the necessary ex13 penses for the acquisition, construction, improvement,

14 and related expenses, $2,700,000, to remain available

15 until expended: Provided, That of the amount provided,

16 $2,700,00 is designated by Congress as an emergency re17 quirement pursuant to section 251(b)(2)(D)(i) of the

18 Balanced Budget and Emergency Deficit Control Act of

19 1985, as amended.

20 FINANCIAL MANAGEMENT SERVICE

21 SALARIES AND EXPENSES

22 For an additional amount for the necessary ex23 penses of the Financial Management Service, $449,000,

24 to remain available until expended: Provided, That of the

25 amount provided, $449,000 is designated by Congress as

26 an emergency requirement pursuant to section
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1 251(b)(2)(D)(i) of the Balanced Budget and Emergency

2 Deficit Control Act of 1985, as amended.

3 BUREAU OF ALCOHOL, TOBACCO AND FIREARMS

4 SALARIES AND EXPENSES

5 For an additional amount for the necessary ex6 penses of the Bureau of Alcohol, Tobacco and Firearms,

7 $66,423,000; of which $3,500,000 shall be available for

8 the construction and expansion of a canine training facil9 ity, to remain available until expended, of which

10 $3,000,000 shall be available for conducting a study of

11 car bomb explosives, to remain available until expended;

12 and of which $6,700,000, to remain available until ex13 pended, for relocation of the Bureau’s headquarters

14 building and laboratory facilities: Provided, That of the

15 amount provided, $66,423,000 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 UNITED STATES CUSTOMS SERVICE

20 SALARIES AND EXPENSES

21 For an additional amount for the necessary ex22 pense of the United States Customs Service,

23 $62,335,000; of which not to exceed $26,400,000 shall be

24 available until expended for funding non-competitive co25 operative agreements with air carriers, airports, or other
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1 cargo authorities, which provide for the Customs Service

2 to purchase and assist in installing advanced air cargo in3 spection equipment for the joint use of such entities and

4 the United States Customs Service: Provided, That of the

5 amount provided, $62,335,000 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 INTERNAL REVENUE SERVICE

10 PROCESSING, ASSISTANCE AND MANAGEMENT

11 For an additional amount for the necessary ex12 penses for the processing, assistance and management,

13 $10,488,000, to remain available until expended: Pro14 vided, That of the amount provided, $10,488,000 is des15 ignated by Congress as an emergency requirement pursu16 ant to section 251(b)(2)(D)(i) of the Balanced Budget

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

18 UNITED STATES SECRET SERVICE,

19 SALARIES AND EXPENSES

20 For an additional amount for the necessary ex21 penses of the United States Secret Service $3,026,000, to

22 remain available until expended: Provided, That of the

23 amount provided, $3,026,000 is designated by Congress

24 as an emergency requirement pursuant to section
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1 251(b)(2)(D)(i) of the Balanced Budget and Emergency

2 Deficit Control Act of 1985, as amended.

3 INDEPENDENT AGENCIES

4 OFFICE OF PERSONNEL MANAGEMENT

5 SALARIES AND EXPENSES

6 For an additional amount for the necessary ex7 penses of the Office of Personnel Management $210,000,

8 to remain available until expended: Provided, That of the

9 amount provided, $210,000 is designated by Congress as

10 an 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 FUNDS APPROPRIATED TO THE PRESIDENT

14 FEDERAL DRUG CONTROL PROGRAMS

15 SPECIAL FORFEITURE FUND

16 (INCLUDING TRANSFER OF FUNDS)

17 For activities authorized by Public Law 100–690,

18 as amended, $112,900,000, of which $42,000,000 shall

19 be transferred to the United States Customs Service for

20 the conversion of one P–3AEW aircraft for the air inter21 diction program; of which $10,000,000 shall be available

22 for transfer to other Federal agencies for methamphet23 amine reduction efforts; and of which $60,900,000 shall

24 be available to the Director of the Office of National

25 Drug Control Policy for enhancing other drug control ac26 tivities, including transfer to other Federal agencies: Pro-
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1 vided, That of the amount provided, $112,900,000 is des2 ignated by Congress as an emergency requirement pursu3 ant to section 251(b)(2)(D)(i) of the Balanced Budget

4 and Emergency Deficit Control Act of 1985, as amended

5 to become available only upon receipt by the Congress of

6 a supplemental request from the President requesting

7 such designation.

8 TITLE VIII—FEDERAL FINANCIAL

9 MANAGEMENT IMPROVEMENT

10 SEC. 801. SHORT TITLE.

11 This title may be cited as the ‘‘Federal Financial

12 Management Improvement Act of 1996.’’

13 SEC. 802. FINDINGS AND PURPOSES.

14 (a) FINDINGS.—The Congress finds the following:

15 (1) Much effort has been devoted to strengthen16 ing Federal internal accounting controls in the past.

17 Although progress has been made in recent years,

18 Federal accounting standards have not been uni19 formly implemented in financial management sys20 tems for agencies.

21 (2) Federal financial management continues to

22 be seriously deficient, and Federal financial manage23 ment and fiscal practices have failed to—

24 (A) identify costs fully;
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1 (B) reflect the total liabilities of congres2 sional actions; and

3 (C) accurately report the financial condi4 tion of the Federal Government.

5 (3) Current Federal accounting practices do not

6 accurately report financial results of the Federal

7 Government or the full costs of programs and activi8 ties. The continued use of these practices under9 mines the Government’s ability to provide credible

10 and reliable financial data and encourages already

11 widespread Government waste, and will not assist in

12 achieving a balanced budget.

13 (4) Waste and inefficiency in the Federal Gov14 ernment undermine the confidence of the American

15 people in the government and reduce the federal

16 Government’s ability to address vital public needs

17 adequately.

18 (5) To rebuild the accountability and credibility

19 of the Federal Government, and restore public con20 fidence in the Federal Government, agencies must

21 incorporate accounting standards and reporting ob22 jectives established for the Federal Government into

23 their financial management systems so that all the

24 assets and liabilities, revenues, and expenditures or

25 expenses, and the full costs of programs and activi-
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1 ties of the Federal Government can be consistently

2 and accurately recorded, monitored, and uniformly

3 reported throughout the Federal Government.

4 (6) Since its establishment in October 1990, the

5 Federal Accounting Standards Advisory Board

6 (hereinafter referred to as the ‘‘FASAB’’) has made

7 substantial progress toward developing and rec8 ommending a comprehensive set of accounting con9 cepts and standards for the Federal Government.

10 When the accounting concepts and standards devel11 oped by FASB are incorporated into Federal finan12 cial management systems, agencies will be able to

13 provide cost and financial information that will as14 sist the Congress and financial managers to evaluate

15 the cost and performance of Federal programs and

16 activities, and will therefore provide important infor17 mation that has been lacking, but is needed for im18 proved decision making by financial managers and

19 the Congress.

20 (7) The development of financial management

21 systems with the capacity to support these standards

22 and concepts will, over the long term, improve Fed23 eral financial management.

24 (b) PURPOSE.—The purposes of this Act are to—
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1 (1) provide for consistency of accounting by an

2 agency from one fiscal year to the next, and uniform

3 accounting standards throughout the Federal Gov4 ernment;

5 (2) require Federal financial management sys6 tems to support full disclosure of Federal financial

7 data, including the full costs of Federal programs

8 and activities, to the citizens, the Congress, the

9 President, and agency management, so that pro10 grams and activities can be considered based on

11 their full costs and merits;

12 (3) increase the accountability and credibility of

13 federal financial management;

14 (4) improve performance, productivity and effi15 ciency of Federal Government financial manage16 ment;

17 (5) establish financial management systems to

18 support controlling the cost of Federal Government;

19 (6) build upon and complement the Chief Fi20 nancial Officers Act of 1990 (Public Law 101–576;

21 104 Stat. 2838), the Government Performance and

22 Results Act of 1993 (Public Law 103–62; 107 Stat.

23 285) and the Government Management Reform Act

24 of 1994 (Public Law 103–356; 108 Stat. 3410); and
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1 (7) increase the capability of agencies to mon2 itor execution of the budget by more readily permit3 ting reports that compare spending of resources to

4 results of activities.

5 SEC. 803 IMPLEMENTATION OF FEDERAL FINANCIAL MAN6 AGEMENT IMPROVEMENTS.

7 (a) IN GENERAL.—Each agency shall implement

8 and maintain financial management systems that comply

9 substantially with Federal financial management systems

10 requirements, applicable Federal accounting standards,

11 and the United States Government Standard General

12 Ledger at the transaction level.

13 (b) AUDIT COMPLIANCE FINDING.—

14 (1) IN GENERAL.—Each audit required by sec15 tion 3521(e) of title 31, United States Code, shall

16 report whether the agency financial management

17 systems comply with the requirements of subsection

18 (a).

19 (2) CONTENT OF REPORTS.—When the person

20 performing the audit required by section 3521(e) of

21 title 31, United States Code, reports that the agency

22 financial management systems do not comply with

23 the requirements of subsection (a), the person per24 forming the audit shall include in the report on the

25 audit—
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1 (A) the entity or organization responsible

2 for the financial management systems that have

3 been found not to comply with the requirements

4 of subsection (a);

5 (B) all facts pertaining to the failure to

6 comply with the requirements of subsection (a),

7 including—

8 (i) the nature and extent of the non9 compliance including areas in which there

10 is substantial but not full compliance;

11 (ii) the primary reason or cause of the

12 noncompliance;

13 (iii) the entity or organization respon14 sible for the non-compliance; and

15 (iv) any relevant comments from any

16 responsible officer or employee; and

17 (C) a statement with respect to the rec18 ommended remedial actions and the time

19 frames to implement such actions.

20 (c) COMPLIANCE IMPLEMENTATION.—

21 (1) DETERMINATION.—No later than the date

22 described under paragraph (2), the Head of an

23 agency shall determine whether the financial man24 agement systems of the agency comply with the re-
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1 quirements of subsection (a). Such determination

2 shall be based on—

3 (A) a review of the report on the applicable

4 agency-wide audited financial statement;

5 (B) any other information the Head of the

6 agency considers relevant and appropriate.

7 (2) DATE OF DETERMINATION.—The deter8 mination under paragraph (1) shall be made no later

9 than 120 days after the earlier of—

10 (A) the date of the receipt of an agency11 wide audited financial statement; or

12 (B) the last day of the fiscal year following

13 the year covered by such statement.

14 (3) REMEDIATION PLAN.—

15 (A) If the Head of an agency determines

16 that the agency’s financial management systems

17 do not comply with the requirements of sub18 section (a), the head of the agency, in consulta19 tion with the Director, shall establish a remedi20 ation plan that shall include resources, rem21 edies, and intermediate target dates necessary

22 to bring the agency’s financial management sys23 tems into substantial compliance.

24 (B) If the determination of the head of the

25 agency differs from the audit compliance find-
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1 ings required in subsection (b), the Director

2 shall review such determinations and provide a

3 report on the findings to the appropriate com4 mittees of the Congress.

5 (4) TIME PERIOD FOR COMPLIANCE.—A reme6 diation plan shall bring the agency’s financial man7 agement systems into substantial compliance no

8 later than 3 years after the date a determination is

9 made under paragraph (1), unless the agency, with

10 concurrence of the Director—

11 (A) determines that the agency’s financial

12 management systems cannot comply with the

13 requirements of subsection (a) within 3 years;

14 (B) specifies the most feasible date for

15 bringing the agency’s financial management

16 systems into compliance with the requirements

17 of subsection (a); and

18 (C) designates an official of the agency

19 who shall be responsible for bringing the agen20 cy’s financial management systems into compli21 ance with the requirements of subsection (a) by

22 the date specified under subparagraph (B).

23 SEC. 804. REPORTING REQUIREMENTS.

24 (a) REPORTS BY THE DIRECTOR.—No later than

25 March 31 of each year, the Director shall submit a report
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1 to the Congress regarding implementation of this Act.

2 The Director may include the report in the financial

3 management status report and the 5-year financial man4 agement plan submitted under section 3512(a)(1) of title

5 31, United States Code.

6 (b) REPORTS BY THE INSPECTOR GENERAL.—

7 Each Inspector General who prepares a report under sec8 tion 5(a) of the Inspector General Act of 1978 (5 U.S.C.

9 App.) shall report to Congress instances and reasons

10 when an agency has not met the intermediate target

11 dates established in the remediation plan required under

12 section 3(c). Specifically the report shall include—

13 (1) the entity or organization responsible for

14 the non-compliance;

15 (2) the facts pertaining to the failure to comply

16 with the requirements of subsection (a), including

17 the nature and extent of the non-compliance, the

18 primary reason or cause for the failure to comply,

19 and any extenuating circumstances; and

20 (3) a statement of the remedial actions needed

21 to comply.

22 (c) REPORTS BY THE COMPTROLLER GENERAL.—

23 No later than October 1, 1997, and October 1, of each

24 year thereafter, the Comptroller General of the United
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1 States shall report to the appropriate committees of the

2 Congress concerning—

3 (1) compliance with the requirements of section

4 3(a) of this Act, including whether the financial

5 statements of the Federal Government have been

6 prepared in accordance with applicable accounting

7 standards; and

8 (2) the adequacy of applicable accounting

9 standards for the Federal Government.

10 SEC. 805. CONFORMING AMENDMENTS.

11 (a) AUDITS BY AGENCIES.—Section 3521(f)(1) of

12 title 31, United States Code, is amended in the first sen13 tence by inserting ‘‘and the Controller of the Office of

14 Federal Financial Management’’ before the period.

15 (b) FINANCIAL MANAGEMENT STATUS REPORT.—

16 Section 3512(a)(2) of title 31, United States Code, is

17 amended by—

18 (1) in subparagraph (D) by striking ‘‘and’ after

19 the semicolon;

20 (2) by redesignating subparagraph (E) as sub21 paragraph (F); and

22 (3) by inserting after subparagraph (D) the fol23 lowing:

24 ‘‘(E) a listing of agencies whose financial

25 management systems do not comply substan-
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1 tially with the requirements of Section 3(a) the

2 Federal Financial Management Improvement

3 Act of 1996, and a summary statement of the

4 efforts underway to remedy the noncompliance;

5 and’’

6 (c) INSPECTOR GENERAL ACT OF 1978.—Section

7 5(a) of the Inspector General Act of 1978 is amended—

8 (1) in paragraph (11) by striking ‘‘and’’ after

9 the semicolon;

10 (2) in paragraph (12) by striking the period

11 and inserting ‘‘; and’’; and

12 (3) by adding at the end the following new

13 paragraph:

14 ‘‘(13) the information described under section

15 05(b) of the Federal Financial Management Im16 provement Act of 1996.’’

17 SEC. 806. DEFINITIONS.

18 For purposes of this title:

19 (1) AGENCY.—The term ‘‘agency’’ means a de20 partment or agency of the United States Govern21 ment as defined in section 901(b) of title 31, United

22 States Code.

23 (2) DIRECTOR.—The term ‘‘Director’’ means

24 the Director of the Office of Management and Budg25 et.
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1 (3) FEDERAL ACCOUNTING STANDARDS.—The

2 term ‘‘Federal accounting standards’’ means appli3 cable accounting principles, standards, and require4 ments consistent with section 902(a)(3)(A) of title

5 31, United States Code.

6 (4) FINANCIAL MANAGEMENT SYSTEMS.—The

7 term ‘‘financial management systems’’ includes the

8 financial systems and the financial portions of mixed

9 systems necessary to support financial management,

10 including automated and manual processes, proce11 dures, controls, data, hardware, software, and sup12 port personnel dedicated to the operation and main13 tenance of system functions.

14 (5) FINANCIAL SYSTEM.—The term ‘‘financial

15 system’’ includes an information system, comprised

16 of one or more applications, that is used for—

17 (A) collecting, processing, maintaining,

18 transmitting, or reporting data about financial

19 events;

20 (B) supporting financial planning or budg21 eting activities;

22 (C) accumulating and reporting costs in23 formation; or

24 (D) supporting the preparation of financial

25 statements.
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1 (6) MIXED SYSTEM.—The term ‘‘mixed

2 system’’ means an information system that sup3 ports both financial and nonfinancial functions

4 of the Federal Government or components

5 thereof.

6 SEC. 807. EFFECTIVE DATE.

7 This title shall take effect for the fiscal year end8 ing September 30, 1997.

9 SEC. 808. REVISION OF SHORT TITLES.

10 (a) Section 4001 of Public Law 104–106 (110

11 Stat. 642; 41 U.S.C. 251 note) is amended to read as fol12 lows:

13 ‘‘SEC. 4001. SHORT TITLE.

14 ‘‘This division and division E may be cited as the

15 ‘Clinger-Cohen Act of 1996’.’’.

16 (b) Section 5001 of Public Law 104–106 (110

17 Stat. 679; 40 U.S.C. 1401 note) is amended to read as

18 follows:

19 ‘‘SEC. 5001. SHORT TITLE.

20 ‘‘This division and division D may be cited as the

21 ‘Clinger-Cohen Act of 1996’.’’

22 (c) Any reference in any law, regulation, docu23 ment, record, or other paper of the United States to the

24 Federal Acquisition Reform Act of 1996 or to the Infor25 mation Technology Management Reform Act of 1996
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1 shall be considered to be a reference to the Clinger-Cohen

2 Act of 1996.

3 This Act may be cited as the ‘‘Treasury, Postal

4 Service, and General Government Appropriations Act,

5 1997’’.

6 TITLE II—ECONOMIC GROWTH

7 AND REGULATORY PAPER8 WORK REDUCTION

9 SEC. 2001. SHORT TITLE; TABLE OF CONTENTS; DEFINI10 TIONS.

11 (a) SHORT TITLE.—This title may be cited as the

12 ‘‘Economic Growth and Regulatory Paperwork Reduction

13 Act of 1996’’.

14 (b) TABLE OF CONTENTS.—The table of contents for

15 this title is as follows:

TITLE II—ECONOMIC GROWTH AND REGULATORY PAPERWORK

REDUCTION

Sec. 2001. Short title; table of contents; definitions

Subtitle A—Streamlining the Home Mortgage Lending Process

Sec. 2101. Simplification and unification of disclosures required under RESPA

and TILA for mortgage transactions.

Sec. 2102. General exemption authority for loans.

Sec. 2103. Reductions in Real Estate Settlement Procedures Act of 1974 regulatory burdens.

Sec. 2104. Waiver for certain borrowers.

Sec. 2105. Alternative disclosures for adjustable rate mortgages.

Sec. 2106. Restitution for violations of the Truth in Lending Act.

Sec. 2107. Limitation on liability under the Truth in Lending Act.

Subtitle B—Streamlining Government Regulation

CHAPTER 1—ELIMINATING UNNECESSARY REGULATORY REQUIREMENTS

AND PROCEDURES

Sec. 2201. Elimination of redundant approval requirement for Oakar transactions.
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Sec. 2202. Elimination of duplicative requirements imposed upon bank holding

companies.

Sec. 2203. Elimination of the per branch capital requirement for national

banks and State member banks.

Sec. 2204. Elimination of branch application requirements for automatic teller

machines.

Sec. 2205. Elimination of requirement for approval of investments in bank

premises for well capitalized and well managed banks.

Sec. 2206. Elimination of approval requirement for divestitures.

Sec. 2207. Streamlined nonbanking acquisitions by well capitalized and well

managed banking organizations.

Sec. 2208. Elimination of unnecessary filing for officer and director appointments.

Sec. 2209. Amendments to the Depository Institution Management Interlocks

Act.

Sec. 2210. Elimination of recordkeeping and reporting requirements for officers.

Sec. 2211. Repayment of Treasury loan.

Sec. 2212. Branch closures.

Sec. 2213. Foreign banks.

Sec. 2214. Disposition of foreclosed assets.

Sec. 2215. Exemption authority for antitying provision.

Sec. 2216. FDIC approval of new State bank powers.

CHAPTER 2—ELIMINATING UNNECESSARY REGULATORY BURDENS

Sec. 2221. Small bank examination cycle.

Sec. 2222. Required review of regulations.

Sec. 2223. Repeal of identification of nonbank financial institution customers.

Sec. 2224. Repeal of certain reporting requirements.

Sec. 2225. Increase in home mortgage disclosure exemption threshold.

Sec. 2226. Elimination of stock loan reporting requirement.

Sec. 2227. Credit availability assessment.

CHAPTER 3—REGULATORY MICROMANAGEMENT

Sec. 2241. National bank directors.

Sec. 2242. Paperwork reduction review.

Sec. 2243. State bank representation on Board of Directors of the FDIC.

Sec. 2244. Consultation among examiners.

Subtitle C—Regulatory Impact on Cost of Credit and Credit Availability

Sec. 2301. Audit costs.

Sec. 2302. Incentives for self-testing.

Sec. 2303. Qualified thrift investment amendments.

Sec. 2304. Limited purpose banks.

Sec. 2305. Amendment to Fair Debt Collection Practices Act.

Sec. 2306. Increase in certain credit union loan ceilings.

Sec. 2307. Bank investments in Edge Act and agreement corporations.

Subtitle D—Consumer Credit

CHAPTER 1—CREDIT REPORTING REFORM

Sec. 2401. Short title.

Sec. 2402. Definitions.
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Sec. 2403. Furnishing consumer reports; use for employment purposes.

Sec. 2404. Use of consumer reports for prescreening and direct marketing; prohibition on unauthorized or uncertified use of information.

Sec. 2405. Consumer consent required to furnish consumer report containing

medical information.

Sec. 2406. Obsolete information and information contained in consumer reports.

Sec. 2407. Compliance procedures.

Sec. 2408. Consumer disclosures.

Sec. 2409. Procedures in case of the disputed accuracy of any information in

a consumer’s file.

Sec. 2410. Charges for certain disclosures.

Sec. 2411. Duties of users of consumer reports.

Sec. 2412. Civil liability.

Sec. 2413. Responsibilities of persons who furnish information to consumer reporting agencies.

Sec. 2414. Investigative consumer reports.

Sec. 2415. Increased criminal penalties for obtaining information under false

pretenses.

Sec. 2416. Administrative enforcement.

Sec. 2417. State enforcement of Fair Credit Reporting Act.

Sec. 2418. Federal Reserve Board authority.

Sec. 2419. Preemption of State law.

Sec. 2420. Effective date.

Sec. 2421. Relationship to other law.

Sec. 2422. Federal Reserve Board study.

CHAPTER 2—CREDIT REPAIR ORGANIZATIONS

Sec. 2451. Regulation of credit repair organizations.

Sec. 2452. Credit worthiness.

Subtitle E—Asset Conservation, Lender Liability, and Deposit Insurance

Protection

Sec. 2501. Short title.

Sec. 2502. CERCLA lender and fiduciary liability limitations amendments.

Sec. 2503. Conforming amendment.

Sec. 2504. Lender liability rule.

Sec. 2505. Effective date.

Subtitle F—Miscellaneous

Sec. 2601. Federal Reserve Board study.

Sec. 2602. Treatment of claims arising from breach of contracts executed by

the receiver or conservator.

Sec. 2603. Criminal sanctions for fictitious financial instruments and counterfeiting.

Sec. 2604. Amendments to the Truth in Savings Act.

Sec. 2605. Consumer Leasing Act amendments.

Sec. 2606. Study of corporate credit unions.

Sec. 2607. Report on the reconciliation of differences between regulatory accounting principles and generally accepted accounting principles.

Sec. 2608. State-by-State and metropolitan area-by-metropolitan area study of

bank fees.
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Sec. 2609. Prospective application of gold clauses in contracts.

Sec. 2610. Qualified family partnerships.

Sec. 2611. Cooperative efforts between depository institutions and farmers and

ranchers in drought-stricken areas.

Sec. 2612. Streamlining process for determining new nonbanking activities.

Sec. 2613. Authorizing bank service companies to organize as limited liability

partnerships.

Sec. 2614. Retirement certificates of deposits.

Sec. 2615. Prohibitions on certain depository institution associations with Government-sponsored enterprises.

Subtitle G—Deposit Insurance Funds

Sec. 2701. Short title.

Sec. 2702. Special assessment to capitalize SAIF.

Sec. 2703. Financing corporation funding.

Sec. 2704. Merger of BIF and SAIF.

Sec. 2705. Creation of SAIF special reserve.

Sec. 2706. Refund of amounts in deposit insurance fund in excess of designated

reserve amount.

Sec. 2707. Assessment rates for SAIF members may not be less than assessment rates for BIF members.

Sec. 2708. Assessments authorized only if needed to maintain the reserve ratio

of a deposit insurance fund.

Sec. 2709. Treasury study of common depository institution charter.

Sec. 2710. Definitions.

Sec. 2711. Deductions for special assessments.

1 (c) DEFINITIONS.—Except as otherwise specified in

2 this title, the following definitions shall apply for purposes

3 of this title:

4 (1) APPRAISAL SUBCOMMITTEE.—The term

5 ‘‘Appraisal Subcommittee’’ means the Appraisal

6 Subcommittee established under section 1011 of the

7 Federal Financial Institutions Examination Council

8 Act of 1978 (as in existence on the day before the

9 date of enactment of this Act).

10 (2) APPROPRIATE FEDERAL BANKING AGEN11 CY.—The term ‘‘appropriate Federal banking agen12 cy’’ has the same meaning as in section 3 of the

13 Federal Deposit Insurance Act.
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1 (3) BOARD.—The term ‘‘Board’’ means the

2 Board of Governors of the Federal Reserve System.

3 (4) CORPORATION.—The term ‘‘Corporation’’

4 means the Federal Deposit Insurance Corporation.

5 (5) COUNCIL.—The term ‘‘Council’’ means the

6 Financial Institutions Examination Council estab7 lished under section 1004 of the Federal Financial

8 Institutions Examination Council Act of 1978.

9 (6) INSURED CREDIT UNION.—The term ‘‘in10 sured credit union’’ has the same meaning as in sec11 tion 101 of the Federal Credit Union Act.

12 (7) INSURED DEPOSITORY INSTITUTION.—The

13 term ‘‘insured depository institution’’ has the same

14 meaning as in section 3 of the Federal Deposit In15 surance Act.

16 Subtitle A—Streamlining the Home

17 Mortgage Lending Process

18 SEC. 2101. SIMPLIFICATION AND UNIFICATION OF DISCLO19 SURES REQUIRED UNDER RESPA AND TILA

20 FOR MORTGAGE TRANSACTIONS.

21 (a) IN GENERAL.—With respect to credit trans22 actions which are subject to the Real Estate Settlement

23 Procedures Act of 1974 and the Truth in Lending Act,

24 the Board of Governors of the Federal Reserve System

25 (hereafter in this section referred to as the ‘‘Board’’) and
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1 the Secretary of Housing and Urban Development (here2 after in this section referred to as the ‘‘Secretary’’) shall

3 take such action as may be necessary before the end of

4 the 6-month period beginning on the date of enactment

5 of this Act—

6 (1) to simplify and improve the disclosures ap7 plicable to such transactions under such Acts, in8 cluding the timing of the disclosures; and

9 (2) to provide a single format for such disclo10 sures which will satisfy the requirements of each

11 such Act with respect to such transactions.

12 (b) REGULATIONS.—To the extent that it is nec13 essary to prescribe any regulation in order to effect any

14 changes required to be made under subsection (a), the pro15 posed regulation shall be published in the Federal Register

16 before the end of the 6-month period referred to in sub17 section (a).

18 (c) RECOMMENDATIONS FOR LEGISLATION.—If the

19 Board and the Secretary find that legislative action may

20 be necessary or appropriate in order to simplify and unify

21 the disclosure requirements under the Real Estate Settle22 ment Procedures Act of 1974 and the Truth in Lending

23 Act, the Board and the Secretary shall submit a report

24 containing recommendations to the Congress concerning

25 such action.
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1 SEC. 2102. GENERAL EXEMPTION AUTHORITY FOR LOANS.

2 (a) REGULATORY FLEXIBILITY.—Section 104 of the

3 Truth in Lending Act (15 U.S.C. 1603) is amended—

4 (1) by redesignating paragraphs (5) and (6) as

5 paragraphs (6) and (7), respectively; and

6 (2) by inserting after paragraph (4) the follow7 ing new paragraph:

8 ‘‘(5) Transactions for which the Board, by rule,

9 determines that coverage under this title is not nec10 essary to carry out the purposes of this title.’’.

11 (b) EXEMPTION AUTHORITY.—Section 105 of the

12 Truth in Lending Act (15 U.S.C. 1604) is amended by

13 adding at the end the following new subsection:

14 ‘‘(f) EXEMPTION AUTHORITY.—

15 ‘‘(1) IN GENERAL.—The Board may exempt, by

16 regulation, from all or part of this title any class of

17 transactions, other than transactions involving any

18 mortgage described in section 103(aa), for which, in

19 the determination of the Board, coverage under all

20 or part of this title does not provide a meaningful

21 benefit to consumers in the form of useful informa22 tion or protection.

23 ‘‘(2) FACTORS FOR CONSIDERATION.—In deter24 mining which classes of transactions to exempt in

25 whole or in part under paragraph (1), the Board

26 shall consider the following factors and publish its
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1 rationale at the time a proposed exemption is pub2 lished for comment:

3 ‘‘(A) The amount of the loan and whether

4 the disclosures, right of rescission, and other

5 provisions provide a benefit to the consumers

6 who are parties to such transactions, as deter7 mined by the Board.

8 ‘‘(B) The extent to which the requirements

9 of this title complicate, hinder, or make more

10 expensive the credit process for the class of

11 transactions.

12 ‘‘(C) The status of the borrower, includ13 ing—

14 ‘‘(i) any related financial arrange15 ments of the borrower, as determined by

16 the Board;

17 ‘‘(ii) the financial sophistication of the

18 borrower relative to the type of trans19 action; and

20 ‘‘(iii) the importance to the borrower

21 of the credit, related supporting property,

22 and coverage under this title, as deter23 mined by the Board;

24 ‘‘(D) whether the loan is secured by the

25 principal residence of the consumer; and
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1 ‘‘(E) whether the goal of consumer protec2 tion would be undermined by such an exemp3 tion.’’.

4 SEC. 2103. REDUCTIONS IN REAL ESTATE SETTLEMENT

5 PROCEDURES ACT OF 1974 REGULATORY

6 BURDENS.

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) CONSISTENCY OF REAL ESTATE SETTLEMENT

18 PROCEDURES ACT AND TRUTH IN LENDING ACT EXEMP19 TION OF BUSINESS LOANS.—Section 7 of the Real Estate

20 Settlement Procedures Act of 1974 (12 U.S.C. 2606) is

21 amended—

22 (1) by striking ‘‘This Act’’ and inserting the

23 following:

24 ‘‘(a) IN GENERAL.—This Act’’; and
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1 (2) by adding at the end the following new sub2 section:

3 ‘‘(b) INTERPRETATION.—In prescribing regulations

4 under section 19(a), the Secretary shall ensure that, with

5 respect to subsection (a) of this section, the exemption for

6 credit transactions involving extensions of credit primarily

7 for business, commercial, or agricultural purposes, as pro8 vided in section 7(1) of the Real Estate Settlement Proce9 dures Act of 1974 shall be the same as the exemption for

10 such credit transactions under section 104(1) of the Truth

11 in Lending Act.’’.

12 (c) REDESIGNATION OF CONTROLLED BUSINESS AR13 RANGEMENTS AS AFFILIATED BUSINESS ARRANGE14 MENTS.—The Real Estate Settlement Procedures Act of

15 1974 (12 U.S.C. 2601 et seq.) is amended—

16 (1) in section 3(7), by striking ‘‘controlled busi17 ness arrangement’’ and inserting ‘‘affiliated business

18 arrangement’’; and

19 (2) in subsections (c)(4) and (d)(6) of section

20 8, by striking ‘‘controlled business arrangements’’

21 and inserting ‘‘affiliated business arrangements’’.

22 (d) DISCLOSURES BY TELEPHONE OR ELECTRONIC

23 MEDIA.—Section 8(c)(4) of the Real Estate Settlement

24 Procedures Act of 1974 (12 U.S.C. 2607(c)(4)(A)) is

25 amended by striking subparagraph (A) and inserting the
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1 following ‘‘(A) a disclosure is made of the existence of such

2 an arrangement to the person being referred and, in con3 nection with such referral, such person is provided a writ4 ten estimate of the charge or range of charges generally

5 made by the provider to which the person is referred (i)

6 in the case of a face-to-face referral or a referral made

7 in writing or by electronic media, at or before the time

8 of the referral (and compliance with this requirement in

9 such case may be evidenced by a notation in a written,

10 electronic, or similar system of records maintained in the

11 regular course of business); (ii) in the case of a referral

12 made by telephone, within 3 business days after the refer13 ral by telephone, (and in such case an abbreviated verbal

14 disclosure of the existence of the arrangement and the fact

15 that a written disclosure will be provided within 3 business

16 days shall be made to the person being referred during

17 the telephone referral); or (iii) in the case of a referral

18 by a lender (including a referral by a lender to an affili19 ated lender), at the time the estimates required under sec20 tion 5(c) are provided (notwithstanding clause (i) or (ii));

21 and any required written receipt of such disclosure (with22 out regard to the manner of the disclosure under clause

23 (i), (ii), or (iii)) may be obtained at the closing or settle24 ment (except that a person making a face-to-face referral

25 who provides the written disclosure at or before the time
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1 of the referral shall attempt to obtain any required written

2 receipt of such disclosure at such time and if the person

3 being referred chooses not to acknowledge the receipt of

4 the disclosure at that time, that fact shall be noted in the

5 written, electronic, or similar system of records main6 tained in the regular course of business by the person

7 making the referral),’’.

8 (e) LIMITATION ON CLAIMS ARISING FROM VIOLA9 TIONS OF REQUIREMENTS FOR SERVICING MORTGAGES

10 AND ADMINISTERING ESCROW ACCOUNTS.—Section 16 of

11 the Real Estate Settlement Procedures Act of 1974 (12

12 U.S.C. 2614) is amended—

13 (1) by striking ‘‘section 8 or 9’’ and inserting

14 ‘‘section 6, 8, or 9’’; and

15 (2) by striking ‘‘within one year’’ and inserting

16 ‘‘within 3 years in the case of a violation of section

17 6 and 1 year in the case of a violation of section 8

18 or 9’’.

19 (f) DELAY OF EFFECTIVENESS OF RECENT FINAL

20 REGULATION RELATING TO PAYMENTS TO EMPLOY21 EES.—Section 19 of the Real Estate Settlement Proce22 dures Act of 1974 (12 U.S.C. 2617) is amended by adding

23 at the end the following new subsection:
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1 ‘‘(d) DELAY OF EFFECTIVENESS OF RECENT FINAL

2 REGULATION RELATING TO PAYMENTS TO EMPLOY3 EES.—

4 ‘‘(1) IN GENERAL.—The amendment to part

5 3500 of title 24 of the Code of Federal Regulations

6 contained in the final regulation prescribed by the

7 Secretary and published in the Federal Register on

8 June 7, 1996, which will, as of the effective date of

9 such amendment—

10 ‘‘(A) eliminate the exemption for payments

11 by an employer to employees of such employer

12 for referral activities which is currently codified

13 as section 3500.14(g)(1)(vii) of such title 24;

14 and

15 ‘‘(B) replace such exemption with a more

16 limited exemption in new clauses (vii), (viii),

17 and (ix) of section 3500.14 of such title 24,

18 shall not take effect before July 31, 1997.

19 ‘‘(2) CONTINUATION OF PRIOR RULE.—The

20 regulation codified as section 3500.14(g)(1)(vii) of

21 title 24 of the Code of Federal Regulations, relating

22 to employer-employee payments, as in effect on May

23 1, 1996, shall remain in effect until the date the

24 amendment referred to in paragraph (1) takes effect

25 in accordance with such paragraph.
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1 ‘‘(3) PUBLIC NOTICE OF EFFECTIVE DATE.—

2 The Secretary shall provide public notice of the date

3 on which the amendment referred to in paragraph

4 (1) will take effect in accordance with such para5 graph not less than 90 days and not more than 180

6 days before such effective date.’’.

7 (g) TECHNICAL AND CONFORMING AMENDMENTS.—

8 (1) Section 4(a) of the Real Estate Settlement

9 Procedures Act of 1974 (12 U.S.C. 2603(a)) is

10 amended by striking ‘‘Federal Home Loan Bank

11 Board’’ and inserting ‘‘Director of the Office of

12 Thrift Supervision’’.

13 (2) Section 10(c)(1)(C) of the Real Estate Set14 tlement Procedures Act of 1974 (12 U.S.C.

15 2609(c)(1)(C)) is amended by striking ‘‘Not later

16 than the expiration of the 90-day period beginning

17 on the date of the enactment of the Cranston-Gon18 zalez National Affordable Housing Act, the’’ and in19 serting ‘‘The’’.

20 (h) REPEAL OF OBSOLETE PROVISIONS.—The Real

21 Estate Settlement Procedures Act of 1974 (12 U.S.C.

22 2601 et seq.) is amended by striking sections 13, 14 and

23 15.
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1 SEC. 2104. WAIVER FOR CERTAIN BORROWERS.

2 Section 105 of the Truth in Lending Act (15 U.S.C.

3 1604) is amended by adding at the end the following new

4 subsection:

5 ‘‘(g) WAIVER FOR CERTAIN BORROWERS.—

6 ‘‘(1) IN GENERAL.—The Board, by regulation,

7 may exempt from the requirements of this title cer8 tain credit transactions if—

9 ‘‘(A) the transaction involves a consumer—

10 ‘‘(i) with an annual earned income of

11 more than $200,000; or

12 ‘‘(ii) having net assets in excess of

13 $1,000,000 at the time of the transaction;

14 and

15 ‘‘(B) a waiver that is handwritten, signed,

16 and dated by the consumer is first obtained

17 from the consumer.

18 ‘‘(2) ADJUSTMENTS BY THE BOARD.—The

19 Board, at its discretion, may adjust the annual

20 earned income and net asset requirements of para21 graph (1) for inflation.’’.

22 SEC. 2105. ALTERNATIVE DISCLOSURES FOR ADJUSTABLE

23 RATE MORTGAGES.

24 Section 128(a) of the Truth in Lending Act (15

25 U.S.C. 1638(a)) is amended by adding at the end the fol26 lowing new paragraph:
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1 ‘‘(14) In the case of any variable interest rate

2 residential mortgage transaction, in disclosures pro3 vided at application as prescribed by the Board for

4 a variable rate transaction secured by the consum5 er’s principal dwelling, at the option of the creditor,

6 a statement that the periodic payments may increase

7 or decrease substantially, and the maximum interest

8 rate and payment for a $10,000 loan originated at

9 a recent interest rate, as determined by the Board,

10 assuming the maximum periodic increases in rates

11 and payments under the program, or a historical ex12 ample illustrating the effects of interest rate changes

13 implemented according to the loan program.’’.

14 SEC. 2106. RESTITUTION FOR VIOLATIONS OF THE TRUTH

15 IN LENDING ACT.

16 Section 108(e)(3) of the Truth in Lending Act (15

17 U.S.C. 2602(3)) is amended—

18 (1) by striking ‘‘ordered (A) if’’ and inserting

19 the following: ‘‘ordered—

20 ‘‘(A) if’’;

21 (2) by striking ‘‘may require a partial’’ and in22 serting ‘‘may—

23 ‘‘(i) require a partial’’;
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1 (3) by striking ‘‘, except that with respect’’ and

2 all that follows through ‘‘Act, the agency shall re3 quire’’ and inserting ‘‘; or

4 ‘‘(ii) require’’;

5 (4) by striking ‘‘reasonable, (B) the’’ and in6 serting the following: ‘‘reasonable, if (in the case of

7 an agency referred to in paragraph (1), (2), or (3)

8 of subsection (a)), the agency determines that a par9 tial adjustment or making partial payments over an

10 extended period is necessary to avoid causing the

11 creditor to become undercapitalized pursuant to sec12 tion 38 of the Federal Deposit Insurance Act;

13 ‘‘(B) the’’; and

14 (5) by striking ‘‘(C) except’’ and inserting the

15 following:

16 ‘‘(C) except’’.

17 SEC. 2107. LIMITATION ON LIABILITY UNDER THE TRUTH

18 IN LENDING ACT.

19 (a) IN GENERAL.—Section 139(a) of the Truth in

20 Lending Act (15 U.S.C. 1649(a)) is amended by striking

21 ‘‘For any consumer credit transaction subject to this title’’

22 and inserting ‘‘For any closed end consumer credit trans23 action that is secured by real property or a dwelling, that

24 is subject to this title, and’’.
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1 (b) EFFECTIVE DATE.—The amendment made by

2 subsection (a) shall be effective as of September 30,

3 1995.

4 Subtitle B—Streamlining

5 Government Regulation

6 CHAPTER 1—ELIMINATING UNNECESSARY

7 REGULATORY REQUIREMENTS AND

8 PROCEDURES

9 SEC. 2201. ELIMINATION OF REDUNDANT APPROVAL RE10 QUIREMENT FOR OAKAR TRANSACTIONS.

11 (a) IN GENERAL.—Section 5(d)(3) of the Federal

12 Deposit Insurance Act (12 U.S.C. 1815(d)(3)) is amend13 ed—

14 (1) in subparagraph (A), by striking ‘‘with the

15 prior written approval of’’ and inserting ‘‘if the

16 transaction is approved by’’;

17 (2) in subparagraph (E)—

18 (A) by striking clauses (i) and (iv);

19 (B) by redesignating clauses (ii) and (iii)

20 as clauses (i) and (ii), respectively; and

21 (C) by adding at the end the following new

22 clause:

23 ‘‘(iii) CAPITAL REQUIREMENTS.—A

24 transaction described in this paragraph

25 shall not be approved under section
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1 18(c)(2) unless the acquiring, assuming, or

2 resulting depository institution will meet

3 all applicable capital requirements upon

4 consummation of the transaction.’’;

5 (3) by striking subparagraph (G); and

6 (4) by redesignating subparagraphs (H)

7 through (J) as subparagraphs (G) through (I), re8 spectively.

9 (b) CONFORMING AMENDMENTS.—

10 (1) REVISED STATUTES.—Section 5156A(b)(1)

11 of the Revised Statutes of the United States (12

12 U.S.C. 215c(b)(1)) is amended by striking ‘‘by sec13 tion 5(d)(3) of the Federal Deposit Insurance Act or

14 any other’’ and inserting ‘‘under any’’.

15 (2) HOME OWNERS’ LOAN ACT.—Section

16 10(s)(2)(A) of the Home Owners’ Loan Act (12

17 U.S.C. 1467a(s)(2)(A)) is amended by striking

18 ‘‘under section 5(d)(3) of the Federal Deposit Insur19 ance Act or any other’’ and inserting ‘‘under any’’.

20 SEC. 2203. ELIMINATION OF DUPLICATIVE REQUIREMENTS

21 IMPOSED UPON BANK HOLDING COMPANIES.

22 (a) EXEMPTION FOR BANK HOLDING COMPANIES.—

23 Section 10 of the Home Owners’ Loan Act (12 U.S.C.

24 1467a) is amended by adding at the end the following new

25 subsection:
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1 ‘‘(t) EXEMPTION FOR BANK HOLDING COMPA2 NIES.—This section shall not apply to a bank holding com3 pany that is subject to the Bank Holding Company Act

4 of 1956, or any company controlled by such bank holding

5 company.’’.

6 (b) DEFINITION.—Section 10(a)(1)(D) of the Home

7 Owners’ Loan Act (12 U.S.C. 1467a(a)(1)(D)) is amend8 ed to read as follows:

9 ‘‘(D) SAVINGS AND LOAN HOLDING COM10 PANY.—

11 ‘‘(i) IN GENERAL.—Except as pro12 vided in clause (ii), the term ‘savings and

13 loan holding company’ means any company

14 that directly or indirectly controls a sav15 ings association or that controls any other

16 company that is a savings and loan holding

17 company.

18 ‘‘(ii) EXCLUSION.—The term ‘savings

19 and loan holding company’ does not in20 clude a bank holding company that is reg21 istered under, and subject to, the Bank

22 Holding Company Act of 1956, or to any

23 company directly or indirectly controlled by

24 such company (other than a savings asso25 ciation).’’.
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1 (c) ACQUISITIONS.—Section 10(e)(1) of the Home

2 Owners’ Loan Act (12 U.S.C. 1467a(e)(1)) is amended—

3 (1) in subparagraph (A)(iii)(VII), by inserting

4 ‘‘or’’ at the end;

5 (2) in subparagraph (A)(iv), by inserting ‘‘and’’

6 at the end; and

7 (3) in subparagraph (B)—

8 (A) by striking ‘‘or (ii)’’ and inserting

9 ‘‘(ii)’’; and

10 (B) by inserting before the first period ‘‘,

11 or (iii) acquired by a bank holding company

12 that is registered under, and subject to, the

13 Bank Holding Company Act of 1956, or any

14 company controlled by such bank holding com15 pany’’.

16 (d) AMENDMENTS TO THE BANK HOLDING COMPANY

17 ACT OF 1956.—Section 4(i) of the Bank Holding Com18 pany Act of 1956 (12 U.S.C. 1843(i)) is amended by add19 ing at the end the following new paragraphs:

20 ‘‘(4) SOLICITATION OF VIEWS.—

21 ‘‘(A) NOTICE TO DIRECTOR.—Upon receiv22 ing any application or notice by a bank holding

23 company to acquire, directly or indirectly, a

24 savings association under subsection (c)(8), the

25 Board shall solicit comments and recommenda-
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1 tions from the Director with respect to such ac2 quisition.

3 ‘‘(B) COMMENT PERIOD.—The comments

4 and recommendations of the Director under

5 subparagraph (A) with respect to any acquisi6 tion subject to such subparagraph shall be

7 transmitted to the Board not later than 30 days

8 after the receipt by the Director of the notice

9 relating to such acquisition (or such shorter pe10 riod as the Board may specify if the Board ad11 vises the Director that an emergency exists that

12 requires expeditious action).

13 ‘‘(5) EXAMINATION.—

14 ‘‘(A) SCOPE.—The Board shall consult

15 with the Director, as appropriate, in establish16 ing the scope of an examination by the Board

17 of a bank holding company that directly or indi18 rectly controls a savings association.

19 ‘‘(B) ACCESS TO INSPECTION REPORTS.—

20 Upon the request of the Director, the Board

21 shall furnish the Director with a copy of any in22 spection report, additional examination mate23 rials, or supervisory information relating to any

24 bank holding company that directly or indirectly

25 controls a savings association.
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1 ‘‘(6) COORDINATION OF ENFORCEMENT EF2 FORTS.—The Board and the Director shall cooper3 ate in any enforcement action against any bank

4 holding company that controls a savings association,

5 if the relevant conduct involves such association.

6 ‘‘(7) DIRECTOR DEFINED.—For purposes of

7 this section, the term ‘Director’ means the Director

8 of the Office of Thrift Supervision.’’.

9 SEC. 2204. ELIMINATION OF THE PER BRANCH CAPITAL RE10 QUIREMENT FOR NATIONAL BANKS AND

11 STATE MEMBER BANKS.

12 Section 5155(h) of the Revised Statutes of the United

13 States (12 U.S.C. 36(h)) is amended to read as follows:

14 ‘‘(h) [Repealed]’’.

15 SEC. 2205. ELIMINATION OF BRANCH APPLICATION RE16 QUIREMENTS FOR AUTOMATIC TELLER MA17 CHINES.

18 (a) ‘‘BRANCH’’ UNDER NATIONAL BANK ACT.—Sec19 tion 5155(j) of the Revised Statutes of the United States

20 (12 U.S.C. 36(j)) is amended by adding at the end the

21 following: ‘‘The term ‘branch’, as used in this section, does

22 not include an automated teller machine or a remote serv23 ice unit.’’.

24 (b) ‘‘DOMESTIC BRANCH’’ UNDER THE FEDERAL

25 DEPOSIT INSURANCE ACT.—Section 3(o) of the Federal
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1 Deposit Insurance Act (12 U.S.C. 1813(o)) is amended

2 by striking ‘‘lent; and the’’ and inserting ‘‘lent. The term

3 ‘domestic branch’ does not include an automated teller

4 machine or a remote service unit. The’’.

5 SEC. 2206. ELIMINATION OF REQUIREMENT FOR APPROVAL

6 OF INVESTMENTS IN BANK PREMISES FOR

7 WELL CAPITALIZED AND WELL MANAGED

8 BANKS.

9 Section 24A of the Federal Reserve Act (12 U.S.C.

10 371d) is amended to read as follows:

11 ‘‘SEC. 24A. INVESTMENT IN BANK PREMISES OR STOCK OF

12 CORPORATION HOLDING PREMISES.

13 ‘‘(a) CONDITIONS OF INVESTMENT.—No national

14 bank or State member bank shall invest in bank premises,

15 or in the stock, bonds, debentures, or other such obliga16 tions of any corporation holding the premises of such

17 bank, or make loans to or upon the security of any such

18 corporation—

19 ‘‘(1) unless the bank receives the prior approval

20 of the Comptroller of the Currency (with respect to

21 a national bank) or the Board (with respect to a

22 State member bank);

23 ‘‘(2) unless the aggregate of all such invest24 ments and loans, together with the amount of any

25 indebtedness incurred by any such corporation that
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1 is an affiliate of the bank, is less than or equal to

2 the amount of the capital stock of such bank; or

3 ‘‘(3) unless—

4 ‘‘(A) the aggregate of all such investments

5 and loans, together with the amount of any in6 debtedness incurred by any such corporation

7 that is an affiliate of the bank, is less than or

8 equal to 150 percent of the capital and surplus

9 of the bank; and

10 ‘‘(B) the bank—

11 ‘‘(i) has a CAMEL composite rating

12 of 1 or 2 under the Uniform Financial In13 stitutions Rating System (or an equivalent

14 rating under a comparable rating system)

15 as of the most recent examination of such

16 bank;

17 ‘‘(ii) is well capitalized and will con18 tinue to be well capitalized after the invest19 ment or loan; and

20 ‘‘(iii) provides notification to the

21 Comptroller of the Currency (with respect

22 to a national bank) or to the Board (with

23 respect to a State member bank) not later

24 than 30 days after making the investment

25 or loan.
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1 ‘‘(b) DEFINITIONS.—For purposes of this section—

2 ‘‘(1) the term ‘affiliate’ has the same meaning

3 as in section 2 of the Banking Act of 1933; and

4 ‘‘(2) the term ‘well capitalized’ has the same

5 meaning as in section 38(b) of the Federal Deposit

6 Insurance Act.’’.

7 SEC. 2207. ELIMINATION OF APPROVAL REQUIREMENT FOR

8 DIVESTITURES.

9 Section 2(g) of the Bank Holding Company Act of

10 1956 (12 U.S.C. 1841(g)) is amended—

11 (1) in paragraph (1), by adding ‘‘and’’ at the

12 end;

13 (2) in paragraph (2), by striking ‘‘; and’’ and

14 inserting a period; and

15 (3) by striking paragraph (3).

16 SEC. 2208. STREAMLINED NONBANKING ACQUISITIONS BY

17 WELL CAPITALIZED AND WELL MANAGED

18 BANKING ORGANIZATIONS.

19 (a) NOTICE REQUIREMENTS.—Section 4(j) of the

20 Bank Holding Company Act of 1956 (12 U.S.C. 1843(j))

21 is amended—

22 (1) in paragraph (1)(A), by striking ‘‘No’’ and

23 inserting ‘‘Except as provided in paragraph (3), no’’;

24 and
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1 (2) by adding at the end the following new

2 paragraphs:

3 ‘‘(3) NO NOTICE REQUIRED FOR CERTAIN

4 TRANSACTIONS.—No notice under paragraph (1) of

5 this subsection or under subsection (c)(8) or

6 (a)(2)(B) is required for a proposal by a bank hold7 ing company to engage in any activity or acquire the

8 shares or assets of any company, other than an in9 sured depository institution, if the proposal qualifies

10 under paragraph (4).

11 ‘‘(4) CRITERIA FOR STATUTORY APPROVAL.—A

12 proposal qualifies under this paragraph if all of the

13 following criteria are met:

14 ‘‘(A) FINANCIAL CRITERIA.—Both before

15 and immediately after the proposed trans16 action—

17 ‘‘(i) the acquiring bank holding com18 pany is well capitalized;

19 ‘‘(ii) the lead insured depository insti20 tution of such holding company is well cap21 italized;

22 ‘‘(iii) well capitalized insured deposi23 tory institutions control at least 80 percent

24 of the aggregate total risk-weighted assets
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1 of insured depository institutions controlled

2 by such holding company; and

3 ‘‘(iv) no insured depository institution

4 controlled by such holding company is

5 undercapitalized.

6 ‘‘(B) MANAGERIAL CRITERIA.—

7 ‘‘(i) WELL MANAGED.—At the time of

8 the transaction, the acquiring bank holding

9 company, its lead insured depository insti10 tution, and insured depository institutions

11 that control at least 90 percent of the ag12 gregate total risk-weighted assets of in13 sured depository institutions controlled by

14 such holding company are well managed.

15 ‘‘(ii) LIMITATION ON POORLY MAN16 AGED INSTITUTIONS.—Except as provided

17 in paragraph (6), no insured depository in18 stitution controlled by the acquiring bank

19 holding company has received 1 of the 2

20 lowest composite ratings at the later of the

21 institution’s most recent examination or

22 subsequent review.

23 ‘‘(C) ACTIVITIES PERMISSIBLE.—Following

24 consummation of the proposal, the bank holding
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1 company engages directly or through a subsidi2 ary solely in—

3 ‘‘(i) activities that are permissible

4 under subsection (c)(8), as determined by

5 the Board by regulation or order there6 under, subject to all of the restrictions,

7 terms, and conditions of such subsection

8 and such regulation or order; and

9 ‘‘(ii) such other activities as are other10 wise permissible under this section, subject

11 to the restrictions, terms and conditions,

12 including any prior notice or approval re13 quirements, provided in this section.

14 ‘‘(D) SIZE OF ACQUISITION.—

15 ‘‘(i) ASSET SIZE.—The book value of

16 the total assets to be acquired does not ex17 ceed 10 percent of the consolidated total

18 risk-weighted assets of the acquiring bank

19 holding company.

20 ‘‘(ii) CONSIDERATION.—The gross

21 consideration to be paid for the securities

22 or assets does not exceed 15 percent of the

23 consolidated Tier 1 capital of the acquiring

24 bank holding company.
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1 ‘‘(E) NOTICE NOT OTHERWISE WAR2 RANTED.—For proposals described in para3 graph (5)(B), the Board has not, before the

4 conclusion of the period provided in paragraph

5 (5)(B), advised the bank holding company that

6 a notice under paragraph (1) is required.

7 ‘‘(F) COMPLIANCE CRITERION.—During

8 the 12-month period ending on the date on

9 which the bank holding company proposes to

10 commence an activity or acquisition, no admin11 istrative enforcement action has been com12 menced, and no cease and desist order has been

13 issued pursuant to section 8 of the Federal De14 posit Insurance Act, against the bank holding

15 company or any depository institution subsidi16 ary of the holding company, and no such en17 forcement action, order, or other administrative

18 enforcement proceeding is pending as of such

19 date.

20 ‘‘(5) NOTIFICATION.—

21 ‘‘(A) COMMENCEMENT OF ACTIVITIES AP22 PROVED BY RULE.—A bank holding company

23 that qualifies under paragraph (4) and that

24 proposes to engage de novo, directly or through

25 a subsidiary, in any activity that is permissible
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1 under subsection (c)(8), as determined by the

2 Board by regulation, may commence that activ3 ity without prior notice to the Board and must

4 provide written notification to the Board not

5 later than 10 business days after commencing

6 the activity.

7 ‘‘(B) ACTIVITIES PERMITTED BY ORDER

8 AND ACQUISITIONS.—

9 ‘‘(i) IN GENERAL.—At least 12 busi10 ness days before commencing any activity

11 pursuant to paragraph (3) (other than an

12 activity described in subparagraph (A) of

13 this paragraph) or acquiring shares or as14 sets of any company pursuant to para15 graph (3), the bank holding company shall

16 provide written notice of the proposal to

17 the Board, unless the Board determines

18 that no notice or a shorter notice period is

19 appropriate.

20 ‘‘(ii) DESCRIPTION OF ACTIVITIES

21 AND TERMS.—A notification under this

22 subparagraph shall include a description of

23 the proposed activities and the terms of

24 any proposed acquisition.
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1 ‘‘(6) RECENTLY ACQUIRED INSTITUTIONS.—

2 Any insured depository institution which has been

3 acquired by a bank holding company during the 12-

4 month period preceding the date on which the com5 pany proposes to commence an activity or acquisi6 tion pursuant to paragraph (3) may be excluded for

7 purposes of paragraph (4)(B)(ii) if—

8 ‘‘(A) the bank holding company has devel9 oped a plan for the institution to restore the

10 capital and management of the institution

11 which is acceptable to the appropriate Federal

12 banking agency; and

13 ‘‘(B) all such insured depository institu14 tions represent, in the aggregate, less than 10

15 percent of the aggregate total risk-weighted as16 sets of all insured depository institutions con17 trolled by the bank holding company.

18 ‘‘(7) ADJUSTMENT OF PERCENTAGES.—The

19 Board may, by regulation, adjust the percentages

20 and the manner in which the percentages of insured

21 depository institutions are calculated under para22 graph (4)(B)(i), (4)(D), or (6)(B) if the Board de23 termines that any such adjustment is consistent with

24 safety and soundness and the purposes of this Act.’’.
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1 (b) DEFINITIONS.—Section 2(o) of the Bank Holding

2 Company Act of 1956 (12 U.S.C. 1841(o)) is amended—

3 (1) by striking paragraph (1) and inserting the

4 following new paragraph:

5 ‘‘(1) CAPITAL TERMS.—

6 ‘‘(A) INSURED DEPOSITORY INSTITU7 TIONS.—With respect to insured depository in8 stitutions, the terms ‘well capitalized’, ‘ade9 quately capitalized’, and ‘undercapitalized’ have

10 the same meanings as in section 38(b) of the

11 Federal Deposit Insurance Act.

12 ‘‘(B) BANK HOLDING COMPANY.—

13 ‘‘(i) ADEQUATELY CAPITALIZED.—

14 With respect to a bank holding company,

15 the term ‘adequately capitalized’ means a

16 level of capitalization which meets or ex17 ceeds all applicable Federal regulatory cap18 ital standards.

19 ‘‘(ii) WELL CAPITALIZED.—A bank

20 holding company is ‘well capitalized’ if it

21 meets the required capital levels for well

22 capitalized bank holding companies estab23 lished by the Board.

24 ‘‘(C) OTHER CAPITAL TERMS.—The terms

25 ‘Tier 1’ and ‘risk-weighted assets’ have the
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1 meanings given those terms in the capital

2 guidelines or regulations established by the

3 Board for bank holding companies.’’; and

4 (2) by adding at the end the following new

5 paragraphs:

6 ‘‘(8) LEAD INSURED DEPOSITORY INSTITU7 TIONS.—

8 ‘‘(A) IN GENERAL.—The term ‘lead in9 sured depository institution’ means the largest

10 insured depository institution controlled by the

11 subject bank holding company at any time,

12 based on a comparison of the average total risk13 weighted assets controlled by each insured de14 pository institution during the previous 12-

15 month period.

16 ‘‘(B) BRANCH OR AGENCY.—For purposes

17 of this paragraph and section 4(j)(4), the term

18 ‘insured depository institution’ includes any

19 branch or agency operated in the United States

20 by a foreign bank.

21 ‘‘(9) WELL MANAGED.—The term ‘well man22 aged’ means—

23 ‘‘(A) in the case of any company or deposi24 tory institution which receives examinations, the

25 achievement of—
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1 ‘‘(i) a CAMEL composite rating of 1

2 or 2 (or an equivalent rating under an

3 equivalent rating system) in connection

4 with the most recent examination or subse5 quent review of such company or institu6 tion; and

7 ‘‘(ii) at least a satisfactory rating for

8 management, if such rating is given; or

9 ‘‘(B) in the case of a company or deposi10 tory institution that has not received an exam11 ination rating, the existence and use of manage12 rial resources which the Board determines are

13 satisfactory.’’.

14 SEC. 2209. ELIMINATION OF UNNECESSARY FILING FOR OF15 FICER AND DIRECTOR APPOINTMENTS.

16 Section 32 of the Federal Deposit Insurance Act (12

17 U.S.C. 1831i) is amended—

18 (1) in subsection (a)—

19 (A) by inserting ‘‘(or such other period, as

20 determined by the appropriate Federal banking

21 agency)’’ after ‘‘30 days’’;

22 (B) by striking ‘‘if the insured depository

23 institution or depository institution holding

24 company’’ and inserting ‘‘if ’’;

25 (C) by striking paragraphs (1) and (2);
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1 (D) by redesignating paragraph (3) as

2 paragraph (1);

3 (E) in paragraph (1), as redesignated—

4 (i) by inserting ‘‘the insured deposi5 tory institution or depository institution

6 holding company’’ before ‘‘is not in compli7 ance’’; and

8 (ii) by striking the period at the end

9 and inserting ‘‘; or’’; and

10 (F) by adding at the end the following new

11 paragraph:

12 ‘‘(2) the agency determines, in connection with

13 the review by the agency of the plan required under

14 section 38 or otherwise, that such prior notice is ap15 propriate.’’; and

16 (2) in subsection (b), by striking ‘‘30-day pe17 riod’’ and inserting ‘‘notice period, not to exceed 90

18 days,’’.

19 SEC. 2210. AMENDMENTS TO THE DEPOSITORY INSTITU20 TION MANAGEMENT INTERLOCKS ACT.

21 (a) DUAL SERVICE AMONG LARGER ORGANIZA22 TIONS.—Section 204 of the Depository Institution Man23 agement Interlocks Act (12 U.S.C. 3203) is amended—

24 (1) by striking ‘‘$1,000,000,000’’ and inserting

25 ‘‘$2,500,000,000’’;
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1 (2) by striking ‘‘$500,000,000’’ and inserting

2 ‘‘$1,500,000,000’’; and

3 (3) by adding at the end the following: ‘‘In

4 order to allow for inflation or market changes, the

5 appropriate Federal depository institutions regu6 latory agencies may, by regulation, adjust, as nec7 essary, the amount of total assets required for de8 pository institutions or depository holding companies

9 under this section.’’.

10 (b) EXTENSION OF GRANDFATHER EXEMPTION.—

11 Section 206 of the Depository Institution Management

12 Interlocks Act (12 U.S.C. 3205) is amended—

13 (1) in subsection (a), by striking ‘‘for a period

14 of, subject to the requirements of subsection (c), 20

15 years after the date of enactment of this title’’;

16 (2) in subsection (b), by striking the second

17 sentence; and

18 (3) by striking subsection (c).

19 (c) REGULATIONS.—Section 209 of the Depository

20 Institution Management Interlocks Act (12 U.S.C. 3207)

21 is amended—

22 (1) in subsection (a)—

23 (A) by striking ‘‘(a) IN GENERAL.—Rules

24 and regulations’’ and inserting ‘‘Regulations’’;
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1 (B) by inserting ‘‘, including regulations

2 that permit service by a management official

3 that would otherwise be prohibited by section

4 203 or section 204, if such service would not re5 sult in a monopoly or substantial lessening of

6 competition,’’ after ‘‘title’’;

7 (C) in paragraph (4)—

8 (i) by striking ‘‘Federal Home Loan

9 Bank Board’’ and inserting ‘‘Director of

10 the Office of Thrift Supervision’’; and

11 (ii) by striking ‘‘Savings and Loan’’

12 and inserting ‘‘Deposit’’; and

13 (2) by striking subsections (b) and (c).

14 SEC. 2211. ELIMINATION OF RECORDKEEPING AND RE15 PORTING REQUIREMENTS FOR OFFICERS.

16 (a) EMPLOYEE BENEFIT PLANS.—Section 22(h)(2)

17 of the Federal Reserve Act (12 U.S.C. 375b(2)) is amend18 ed—

19 (1) by redesignating subparagraphs (A) through

20 (C) as clauses (i) through (iii), respectively, and in21 denting appropriately;

22 (2) by striking ‘‘(2) PREFERENTIAL TERMS

23 PROHIBITED.—’’ and inserting the following:

24 ‘‘(2) PREFERENTIAL TERMS PROHIBITED.—

25 ‘‘(A) IN GENERAL.—’’; and
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1 (3) by adding at the end the following new sub2 paragraph:

3 ‘‘(B) EXCEPTION.—Nothing in this para4 graph shall prohibit any extension of credit

5 made pursuant to a benefit or compensation

6 program—

7 ‘‘(i) that is widely available to employ8 ees of the member bank; and

9 ‘‘(ii) that does not give preference to

10 any officer, director, or principal share11 holder of the member bank, or to any re12 lated interest of such person, over other

13 employees of the member bank.’’.

14 (b) EXCEPTION FOR EXTENSIONS OF CREDIT TO EX15 ECUTIVE OFFICERS AND DIRECTORS OF AFFILIATES.—

16 Section 22(h)(8)(B) of the Federal Reserve Act (12

17 U.S.C. 375b(8)(B)) is amended to read as follows:

18 ‘‘(B) EXCEPTION.—The Board may, by

19 regulation, make exceptions to subparagraph

20 (A) for any executive officer or director of a

21 subsidiary of a company that controls the mem22 ber bank if—

23 ‘‘(i) the executive officer or director

24 does not have authority to participate, and
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1 does not participate, in major policymaking

2 functions of the member bank; and

3 ‘‘(ii) the assets of such subsidiary do

4 not exceed 10 percent of the consolidated

5 assets of a company that controls the

6 member bank and such subsidiary (and is

7 not controlled by any other company).’’.

8 SEC. 2212. REPAYMENT OF TREASURY LOAN.

9 Section 1108 of the Federal Financial Institutions

10 Reform, Recovery, and Enforcement Act of 1989 (12

11 U.S.C. 3337) is amended by adding at the end the follow12 ing new subsection.—

13 ‘‘(c) REPAYMENT OF TREASURY LOAN.—Not later

14 than September 30, 1998, the Appraisal Subcommittee

15 shall repay to the Secretary of the Treasury the unpaid

16 portion of the $5,000,000 paid to the Appraisal Sub17 committee pursuant to this section.’’.

18 SEC. 2213. BRANCH CLOSURES.

19 Section 42 of the Federal Deposit Insurance Act (12

20 U.S.C. 1831r–1) is amended by adding at the end the fol21 lowing new subsection:

22 ‘‘(e) SCOPE OF APPLICATION.—This section shall not

23 apply with respect to—

24 ‘‘(1) an automated teller machine;
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1 ‘‘(2) the relocation of a branch or consolidation

2 of one or more branches into another branch, if the

3 relocation or consolidation—

4 ‘‘(A) occurs within the immediate neigh5 borhood; and

6 ‘‘(B) does not substantially affect the na7 ture of the business or customers served; or

8 ‘‘(3) a branch that is closed in connection

9 with—

10 ‘‘(A) an emergency acquisition under—

11 ‘‘(i) section 11(n); or

12 ‘‘(ii) subsection (f) or (k) of section

13 13; or

14 ‘‘(B) any assistance provided by the Cor15 poration under section 13(c).’’.

16 SEC. 2214. FOREIGN BANKS.

17 (a) EXAMINATION OF BRANCHES AND AGENCIES BY

18 BOARD.—Section 7(c) of the International Banking Act

19 of 1978 (12 U.S.C. 3105(c)) is amended—

20 (1) by striking ‘‘(c)’’ and inserting the follow21 ing:

22 ‘‘(c) FOREIGN BANK EXAMINATIONS AND REPORT23 ING.—’’;

24 (2) in paragraph (1)(B), by adding at the end

25 the following new clause:
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1 ‘‘(iii) AVOIDANCE OF DUPLICATION.—

2 In exercising its authority under this para3 graph, the Board shall take all reasonable

4 measures to reduce burden and avoid un5 necessary duplication of examinations.’’;

6 (3) by striking subparagraph (C) of paragraph

7 (1) and inserting the following:

8 ‘‘(C) ON-SITE EXAMINATION.—Each Fed9 eral branch or agency, and each State branch

10 or agency, of a foreign bank shall be subject to

11 on-site examination by an appropriate Federal

12 banking agency or State bank supervisor as fre13 quently as would a national bank or a State

14 bank, respectively, by the appropriate Federal

15 banking agency.’’; and

16 (4) in paragraph (1)(D), by inserting before the

17 period at the end the following: ‘‘, only to the same

18 extent that fees are collected by the Board for exam19 ination of any State member bank’’.

20 (b) ESTABLISHMENT OF FOREIGN BANK OFFICES IN

21 THE UNITED STATES.—Section 7(d) of the International

22 Banking Act of 1978 (12 U.S.C. 3105(d)) is amended—

23 (1) in paragraph (2), by striking ‘‘The Board’’

24 and inserting ‘‘Except as provided in paragraph (6),

25 the Board’’;
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1 (2) in paragraph (5), by striking ‘‘Consistent

2 with the standards for approval in paragraph (2),

3 the’’; and inserting ‘‘The’’; and

4 (3) by adding at the end the following new

5 paragraphs:

6 ‘‘(6) EXCEPTION.—

7 ‘‘(A) IN GENERAL.—If the Board is unable

8 to find, under paragraph (2), that a foreign

9 bank is subject to comprehensive supervision or

10 regulation on a consolidated basis by the appro11 priate authorities in its home country, the

12 Board may nevertheless approve an application

13 by such foreign bank under paragraph (1) if—

14 ‘‘(i) the appropriate authorities in the

15 home country of the foreign bank are ac16 tively working to establish arrangements

17 for the consolidated supervision of such

18 bank; and

19 ‘‘(ii) all other factors are consistent

20 with approval.

21 ‘‘(B) OTHER CONSIDERATIONS.—In decid22 ing whether to use its discretion under subpara23 graph (A), the Board shall also consider wheth24 er the foreign bank has adopted and imple25 ments procedures to combat money laundering.
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1 The Board may also take into account whether

2 the home country of the foreign bank is devel3 oping a legal regime to address money launder4 ing or is participating in multilateral efforts to

5 combat money laundering.

6 ‘‘(C) ADDITIONAL CONDITIONS.—In ap7 proving an application under this paragraph,

8 the Board, after requesting and taking into

9 consideration the views of the appropriate State

10 bank supervisor or the Comptroller of the Cur11 rency, as the case may be, may impose such

12 conditions or restrictions relating to the activi13 ties or business operations of the proposed

14 branch, agency, or commercial lending company

15 subsidiary, including restrictions on sources of

16 funding, as are considered appropriate. The

17 Board shall coordinate with the appropriate

18 State bank supervisor or the Comptroller of the

19 Currency, as appropriate, in the implementation

20 of such conditions or restrictions.

21 ‘‘(D) MODIFICATION OF CONDITIONS.—

22 Any condition or restriction imposed by the

23 Board in connection with the approval of an ap24 plication under authority of this paragraph may

25 be modified or withdrawn.
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1 ‘‘(7) TIME PERIOD FOR BOARD ACTION.—

2 ‘‘(A) FINAL ACTION.—The Board shall

3 take final action on any application under para4 graph (1) not later than 180 days after receipt

5 of the application, except that the Board may

6 extend for an additional 180 days the period

7 within which to take final action on such appli8 cation after providing notice of, and the reasons

9 for, the extension to the applicant foreign bank

10 and any appropriate State bank supervisor or

11 the Comptroller of the Currency, as appro12 priate.

13 ‘‘(B) FAILURE TO SUBMIT INFORMA14 TION.—The Board may deny any application if

15 it does not receive information requested from

16 the applicant foreign bank or appropriate au17 thorities in the home country of the foreign

18 bank in sufficient time to permit the Board to

19 evaluate such information adequately within the

20 time periods for final action set forth in sub21 paragraph (A).

22 ‘‘(C) WAIVER.—A foreign bank may waive

23 the applicability of this paragraph with respect

24 to any application under paragraph (1).’’.
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1 (c) TERMINATION OF FOREIGN BANK OFFICES IN

2 THE UNITED STATES.—Section 7(e)(1)(A) of the Inter3 national Banking Act of 1978 (12 U.S.C. 3105(e)(1)(A))

4 is amended—

5 (1) by inserting ‘‘(i)’’ after ‘‘(A)’’;

6 (2) by striking ‘‘or’’ at the end and inserting

7 ‘‘and’’; and

8 (3) by adding at the end the following new

9 clause:

10 ‘‘(ii) the appropriate authorities in the

11 home country of the foreign bank are not mak12 ing demonstrable progress in establishing ar13 rangements for the comprehensive supervision

14 or regulation of such foreign bank on a consoli15 dated basis; or’’.

16 SEC. 2215. DISPOSITION OF FORECLOSED ASSETS.

17 Section 4(c)(2) of the Bank Holding Company Act

18 of 1956 (12 U.S.C. 1843(c)(2)) is amended—

19 (1) by striking ‘‘for not more than one year at

20 a time’’; and

21 (2) by striking ‘‘but no such extensions shall ex22 tend beyond a date five years’’ and inserting ‘‘and,

23 in the case of a bank holding company which has

24 not disposed of such shares within 5 years after the

25 date on which such shares were acquired, the Board
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1 may, upon the application of such company, grant

2 additional exemptions if, in the judgment of the

3 Board, such extension would not be detrimental to

4 the public interest and, either the bank holding com5 pany has made a good faith attempt to dispose of

6 such shares during such 5-year period, or the dis7 posal of such shares during such 5-year period

8 would have been detrimental to the company, except

9 that the aggregate duration of such extensions shall

10 not extend beyond 10 years’’.

11 SEC. 2216. EXEMPTION AUTHORITY FOR ANTITYING PROVI12 SION.

13 (a) FEDERAL RESERVE BOARD AUTHORITY.—Sec14 tion 106(b)(1) of the Bank Holding Company Act Amend15 ments of 1970 (12 U.S.C. 1972(1)) is amended in the last

16 sentence, by inserting ‘‘and the prohibitions of section

17 4(f)(9) and 4(h)(2) of the Bank Holding Company Act

18 of 1956’’ after ‘‘prohibition’’.

19 (b) OTS AUTHORITY.—Section 5(q) of the Home

20 Owners’ Loan Act (12 U.S.C. 1464(q)) is amended by

21 adding at the end the following new paragraph:

22 ‘‘(6) EXCEPTIONS.—The Director may, by reg23 ulation or order, permit such exceptions to the pro24 hibitions of this subsection as the Director considers

25 will not be contrary to the purposes of this sub-
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1 section and which conform to exceptions granted by

2 the Board of Governors of the Federal Reserve Sys3 tem pursuant to section 106(b) of the Bank Holding

4 Company Act Amendments of 1970.’’.

5 SEC. 2217. FDIC APPROVAL OF NEW STATE BANK POWERS.

6 Section 24 of the Federal Deposit Insurance Act (12

7 U.S.C. 1831a) is amended—

8 (1) in subsection (a)—

9 (A) by redesignating paragraphs (1) and

10 (2) as subparagraphs (A) and (B), respectively,

11 and indenting appropriately;

12 (B) by striking ‘‘IN GENERAL.—’’ and in13 serting the following: ‘‘PERMISSIBLE ACTIVI14 TIES.—

15 ‘‘(1) IN GENERAL.—’’; and

16 (C) by adding at the end the following new

17 paragraph:

18 ‘‘(2) PROCESSING PERIOD.—

19 ‘‘(A) IN GENERAL.—The Corporation shall

20 make a determination under paragraph (1)(A)

21 not later than 60 days after receipt of a com22 pleted application that may be required under

23 this subsection.

24 ‘‘(B) EXTENSION OF TIME PERIOD.—The

25 Corporation may extend the 60-day period re-
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1 ferred to in subparagraph (A) for not more

2 than 30 additional days, and shall notify the

3 applicant of any such extension.’’; and

4 (2) in subsection (d), by adding at the end the

5 following new paragraph:

6 ‘‘(3) PROCESSING PERIOD.—

7 ‘‘(A) IN GENERAL.—The Corporation shall

8 make a determination under paragraph (1)(A)

9 not later than 60 days after receipt of a com10 pleted application that may be required under

11 this subsection.

12 ‘‘(B) EXTENSION OF TIME PERIOD.—The

13 Corporation may extend the 60-day period re14 ferred to in subparagraph (A) for not more

15 than 30 additional days, and shall notify the

16 applicant of any such extension.’’.

17 CHAPTER 2—ELIMINATING UNNECESSARY

18 REGULATORY BURDENS

19 SEC. 2221. SMALL BANK EXAMINATION CYCLE.

20 Section 10(d) of the Federal Deposit Insurance Act

21 (12 U.S.C. 1820(d)) is amended—

22 (1) by redesignating the second paragraph des23 ignated as paragraph (8) as paragraph (10), and by

24 inserting that paragraph, as redesignated, imme25 diately after paragraph (9); and
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1 (2) in paragraph (10), as redesignated, by

2 striking ‘‘$175,000,000’’ and inserting

3 ‘‘$250,000,000’’.

4 SEC. 2222. REQUIRED REVIEW OF REGULATIONS.

5 (a) IN GENERAL.—Not less frequently than once

6 every 10 years, the Council and each appropriate Federal

7 banking agency represented on the Council shall conduct

8 a review of all regulations prescribed by the Council or

9 by any such appropriate Federal banking agency, respec10 tively, in order to identify outdated or otherwise unneces11 sary regulatory requirements imposed on insured deposi12 tory institutions.

13 (b) PROCESS.—In conducting the review under sub14 section (a), the Council or the appropriate Federal bank15 ing agency shall—

16 (1) categorize the regulations described in sub17 section (a) by type (such as consumer regulations,

18 safety and soundness regulations, or such other des19 ignations as determined by the Council, or the ap20 propriate Federal banking agency); and

21 (2) at regular intervals, provide notice and so22 licit public comment on a particular category or cat23 egories of regulations, requesting commentators to

24 identify areas of the regulations that are outdated,

25 unnecessary, or unduly burdensome.
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1 (c) COMPLETE REVIEW.—The Council or the appro2 priate Federal banking agency shall ensure that the notice

3 and comment period described in subsection (b)(2) is con4 ducted with respect to all regulations described in sub5 section (a) not less frequently than once every 10 years.

6 (d) REGULATORY RESPONSE.—The Council or the

7 appropriate Federal banking agency shall—

8 (1) publish in the Federal Register a summary

9 of the comments received under this section, identi10 fying significant issues raised and providing com11 ment on such issues; and

12 (2) eliminate unnecessary regulations to the ex13 tent that such action is appropriate.

14 (e) REPORT TO CONGRESS.—Not later than 30 days

15 after carrying out subsection (d)(1), the Council shall sub16 mit to the Congress a report, which shall include—

17 (1) a summary of any significant issues raised

18 by public comments received by the Council and the

19 appropriate Federal banking agencies under this sec20 tion and the relative merits of such issues; and

21 (2) an analysis of whether the appropriate Fed22 eral banking agency involved is able to address the

23 regulatory burdens associated with such issues by

24 regulation, or whether such burdens must be ad25 dressed by legislative action.
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1 SEC. 2223. REPEAL OF IDENTIFICATION OF NONBANK FI2 NANCIAL INSTITUTION CUSTOMERS.

3 Subchapter II of chapter 53 of title 31, United States

4 Code, is amended—

5 (1) by striking section 5327;

6 (2) in the chapter analysis, by striking the item

7 relating to section 5327; and

8 (3) in section 5321(a), by striking paragraph

9 (7).

10 SEC. 2224. REPEAL OF CERTAIN REPORTING REQUIRE11 MENTS.

12 (a) FDIA.—Section 477 of the Federal Deposit In13 surance Corporation Improvement Act of 1991 (12 U.S.C.

14 251) is repealed.

15 (b) FIRREA.—Section 918 of the Financial Institu16 tions Reform, Recovery, and Enforcement Act of 1989 (12

17 U.S.C. 1833 note) is repealed.

18 (c) ILS.—Section 913 of the International Lending

19 Supervision Act of 1983 (12 U.S.C. 3912) is repealed.

20 SEC. 2225. INCREASE IN HOME MORTGAGE DISCLOSURE EX21 EMPTION THRESHOLD.

22 (a) IN GENERAL.—Section 309 of the Home Mort23 gage Disclosure Act of 1975 (12 U.S.C. 2808) is amend24 ed—

25 (1) by striking ‘‘This title’’ and inserting ‘‘(a)

26 IN GENERAL.—This title’’;
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1 (2) in the 3d sentence, by inserting ‘‘(as deter2 mined without regard to the adjustment made by

3 subsection (b))’’ before the period; and

4 (2) by adding at the end the following new sub5 section:

6 ‘‘(b) CPI ADJUSTMENTS.—

7 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

8 the dollar amount applicable with respect to institu9 tions described in section 303(2)(A) under the 2d

10 sentence of subsection (a) shall be adjusted annually

11 after December 31, 1996, by the annual percentage

12 increase in the Consumer Price Index for Urban

13 Wage Earners and Clerical Workers published by

14 the Bureau of Labor Statistics.

15 ‘‘(2) 1-TIME ADJUSTMENT FOR PRIOR INFLA16 TION.—The first adjustment made under paragraph

17 (1) after the date of the enactment of the Economic

18 Growth and Regulatory Paperwork Reduction Act of

19 1996 shall be the percentage by which—

20 ‘‘(A) the Consumer Price Index described

21 in such paragraph for the calendar year 1996,

22 exceeds

23 ‘‘(B) such Consumer Price Index for the

24 calendar year 1975.
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1 ‘‘(3) ROUNDING.—The dollar amount applicable

2 under paragraph (1) for any calendar year shall be

3 the amount determined in accordance with subpara4 graphs (A) and (B) of paragraph (2) and rounded

5 to the nearest multiple of $1,000,000.’’.

6 (b) OPPORTUNITY TO REDUCE COMPLIANCE BUR7 DEN.—Section 304 of the Home Mortgage Disclosure Act

8 of 1975 (12 U.S.C. 2803) is amended by adding at the

9 end the following new subsection:

10 ‘‘(m) OPPORTUNITY TO REDUCE COMPLIANCE BUR11 DEN.—

12 ‘‘(1) IN GENERAL.—

13 ‘‘(A) SATISFACTION OF PUBLIC AVAILABIL14 ITY REQUIREMENTS.—A depository institution

15 shall be deemed to have satisfied the public

16 availability requirements of subsection (a) if the

17 institution compiles the information required

18 under that subsection at the home office of the

19 institution and provides notice at the branch lo20 cations specified in subsection (a) that such in21 formation is available from the home office of

22 the institution upon written request.

23 ‘‘(B) PROVISION OF INFORMATION UPON

24 REQUEST.—Not later than 15 days after the re25 ceipt of a written request for any information
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1 required to be compiled under subsection (a),

2 the home office of the depository institution re3 ceiving the request shall provide the information

4 pertinent to the location of the branch in ques5 tion to the person requesting the information.

6 ‘‘(2) FORM OF INFORMATION.—In complying

7 with paragraph (1), a depository institution shall, in

8 the sole discretion of the institution, provide the per9 son requesting the information with—

10 ‘‘(A) a paper copy of the information re11 quested; or

12 ‘‘(B) if acceptable to the person, the infor13 mation through a form of electronic medium,

14 such as a computer disk.’’.

15 SEC. 2226. ELIMINATION OF STOCK LOAN REPORTING RE16 QUIREMENT.

17 Section 7(j) of the Federal Deposit Insurance Act (12

18 U.S.C. 1817(j)) is amended—

19 (1) in paragraph (9)(A)—

20 (A) by striking ‘‘financial institution and

21 any affiliate of any financial institution’’ and

22 inserting ‘‘foreign bank, or any affiliate there23 of,’’; and

24 (B) by striking ‘‘by the financial institu25 tion and such institution’s affiliates’’ and in-
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1 serting ‘‘by the foreign bank or any affiliate

2 thereof’’;

3 (2) in paragraph (9)(B)—

4 (A) by striking ‘‘paragraph—’’ and insert5 ing ‘‘paragraph, the following definitions shall

6 apply:’’;

7 (B) by striking clause (i) and inserting the

8 following:

9 ‘‘(i) FOREIGN BANK.—The terms ‘for10 eign bank’ and ‘affiliate’ have the same

11 meanings as in section 1 of the Inter12 national Banking Act of 1978.’’; and

13 (C) in clause (iii), by striking ‘‘financial in14 stitution’’ and inserting ‘‘foreign bank or any

15 affiliate thereof’’;

16 (3) in paragraph (9)(C)—

17 (A) by striking ‘‘financial institution or

18 any of its affiliates’’ and inserting ‘‘foreign

19 bank or any affiliate thereof’’; and

20 (B) by striking ‘‘financial institution or its

21 affiliates’’ and inserting ‘‘foreign bank or any

22 affiliate thereof’’;

23 (4) in paragraph (9)(D)—

24 (A) in clause (i)—
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1 (i) by striking ‘‘the financial institu2 tion and all affiliates of the institution’’

3 and inserting ‘‘the foreign bank and all af4 filiates thereof’’; and

5 (ii) by striking ‘‘financial institution

6 or any such affiliate’’ and inserting ‘‘for7 eign bank or affiliate thereof’’;

8 (B) in clause (ii), by striking ‘‘financial in9 stitution and any affiliate of such institution’’

10 and inserting ‘‘foreign bank and any affiliate

11 thereof’’; and

12 (C) in clause (iii), by striking ‘‘financial in13 stitution’’ and inserting ‘‘foreign bank or any

14 affiliate thereof’’; and

15 (5) in paragraph (9)(E)—

16 (A) in clause (i)—

17 (i) by striking ‘‘a financial institution

18 and the affiliates of such institution’’ and

19 inserting ‘‘a foreign bank or any affiliate

20 thereof’’; and

21 (ii) by striking ‘‘institution or affili22 ate’’ each place such term appears and in23 serting ‘‘foreign bank or any affiliate

24 thereof’’; and
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1 (B) in clause (ii), by striking ‘‘financial in2 stitution and any affiliate of such institution’’

3 and inserting ‘‘foreign bank and any affiliate

4 thereof’’.

5 SEC. 2227. CREDIT AVAILABILITY ASSESSMENT.

6 (a) STUDY.—

7 (1) IN GENERAL.—Not later than 12 months

8 after the date of enactment of this Act, and once

9 every 60 months thereafter, the Board, in consulta10 tion with the Director of the Office of Thrift Super11 vision, the Comptroller of the Currency, the Board

12 of Directors of the Corporation, the Administrator of

13 the National Credit Union Administration, the Ad14 ministrator of the Small Business Administration,

15 and the Secretary of Commerce, shall conduct a

16 study and submit a report to the Congress detailing

17 the extent of small business lending by all creditors.

18 (2) CONTENTS OF STUDY.—The study required

19 under paragraph (1) shall identify, to the extent

20 practicable, those factors which provide policymakers

21 with insights into the small business credit market,

22 including—

23 (A) the demand for small business credit,

24 including consideration of the impact of eco25 nomic cycles on the levels of such demand;
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1 (B) the availability of credit to small busi2 nesses;

3 (C) the range of credit options available to

4 small businesses, such as those available from

5 insured depository institutions and other pro6 viders of credit;

7 (D) the types of credit products used to fi8 nance small business operations, including the

9 use of traditional loans, leases, lines of credit,

10 home equity loans, credit cards, and other

11 sources of financing;

12 (E) the credit needs of small businesses,

13 including, if appropriate, the extent to which

14 such needs differ, based upon product type, size

15 of business, cash flow requirements, character16 istics of ownership or investors, or other aspects

17 of such business;

18 (F) the types of risks to creditors in pro19 viding credit to small businesses; and

20 (G) such other factors as the Board deems

21 appropriate.

22 (b) USE OF EXISTING DATA.—The studies required

23 by this section shall not increase the regulatory or paper24 work burden on regulated financial institutions, other

25 sources of small business credit, or small businesses.
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1 CHAPTER 3—REGULATORY

2 MICROMANAGEMENT RELIEF

3 SEC. 2241. NATIONAL BANK DIRECTORS.

4 Section 5146 of the Revised Statutes of the United

5 States (12 U.S.C. 72) is amended in the first sentence,

6 by striking ‘‘except’’ and all that follows through the end

7 of the sentence and inserting the following: ‘‘except that

8 the Comptroller may, in the discretion of the Comptroller,

9 waive the requirement of residency.’’.

10 SEC. 2242. PAPERWORK REDUCTION REVIEW.

11 Section 303(a) of the Riegle Community Develop12 ment and Regulatory Improvement Act of 1994 (12

13 U.S.C. 4803(a)) is amended—

14 (1) by redesignating paragraphs (2) and (3) as

15 paragraphs (3) and (4), respectively; and

16 (2) by inserting after paragraph (1) the follow17 ing new paragraph:

18 ‘‘(2) review the extent to which existing regula19 tions require insured depository institutions and in20 sured credit unions to produce unnecessary internal

21 written policies and eliminate such requirements,

22 where appropriate;’’.
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1 SEC. 2243. STATE BANK REPRESENTATION ON BOARD OF

2 DIRECTORS OF THE FDIC.

3 Section 2(a)(1)(C) of the Federal Deposit Insurance

4 Act (12 U.S.C. 1812(a)(1)(C)) is amended by inserting

5 before the period ‘‘, 1 of whom shall have State bank su6 pervisory experience’’.

7 SEC. 2244. CONSULTATION AMONG EXAMINERS.

8 (a) IN GENERAL.—Section 10 of the Federal Deposit

9 Insurance Act (12 U.S.C. 1820) is amended by adding at

10 the end the following new subsection:

11 ‘‘(j) CONSULTATION AMONG EXAMINERS.—

12 ‘‘(1) IN GENERAL.—Each appropriate Federal

13 banking agency shall take such action as may be

14 necessary to ensure that examiners employed by the

15 agency—

16 ‘‘(A) consult on examination activities with

17 respect to any depository institution; and

18 ‘‘(B) achieve an agreement and resolve any

19 inconsistencies in the recommendations to be

20 given to such institution as a consequence of

21 any examinations.

22 ‘‘(2) EXAMINER-IN-CHARGE.—Each appropriate

23 Federal banking agency shall consider appointing an

24 examiner-in-charge with respect to a depository in25 stitution to ensure consultation on examination ac-
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1 tivities among all of the examiners of that agency in2 volved in examinations of the institution.’’.

3 (b) COORDINATED AND UNIFIED EXAMINATION

4 FLEXIBILITY.—Section 10(d)(6)(B) of the Federal De5 posit Insurance Act (12 U.S.C. 1820(d)(6)(B)) is amend6 ed by inserting ‘‘or State bank supervisors’’ after ‘‘one of

7 the Federal agencies’’.

8 Subtitle C—Regulatory Impact on

9 Cost of Credit and Credit Avail10 ability

11 SEC. 2301. AUDIT COSTS.

12 (a) AUDITOR ATTESTATIONS.—Section 36 of the

13 Federal Deposit Insurance Act (12 U.S.C. 1831m) is

14 amended by striking subsection (e) and inserting the fol15 lowing:

16 ‘‘(e) [Repealed]’’.

17 (b) INDEPENDENT AUDIT COMMITTEES.—Section

18 36(g)(1) of the Federal Deposit Insurance Act (12 U.S.C.

19 1831m(g)(1)) is amended—

20 (1) in subparagraph (A), by inserting ‘‘, except

21 as provided in subparagraph (D)’’ after ‘‘manage22 ment of the institution’’; and

23 (2) by adding at the end the following new sub24 paragraph:

25 ‘‘(D) EXEMPTION AUTHORITY.—
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1 ‘‘(i) IN GENERAL.—An appropriate

2 Federal banking agency may, by order or

3 regulation, permit the independent audit

4 committee of an insured depository institu5 tion to be made up of less than all, but no

6 fewer than a majority of, outside directors,

7 if the agency determines that the institu8 tion has encountered hardships in retain9 ing and recruiting a sufficient number of

10 competent outside directors to serve on the

11 internal audit committee of the institution.

12 ‘‘(ii) FACTORS TO BE CONSIDERED.—

13 In determining whether an insured deposi14 tory institution has encountered hardships

15 referred to in clause (i), the appropriate

16 Federal banking agency shall consider fac17 tors such as the size of the institution, and

18 whether the institution has made a good

19 faith effort to elect or name additional

20 competent outside directors to the board of

21 directors of the institution who may serve

22 on the internal audit committee.’’.

23 (c) PUBLIC AVAILABILITY.—Section 36(a)(3) of the

24 Federal Deposit Insurance Act (12 U.S.C. 1831m(a)(3))

25 is amended by adding at the end the following: ‘‘Notwith-
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1 standing the preceding sentence, the Corporation and the

2 appropriate Federal banking agencies may designate cer3 tain information as privileged and confidential and not

4 available to the public.’’.

5 SEC. 2302. INCENTIVES FOR SELF-TESTING.

6 (a) EQUAL CREDIT OPPORTUNITY.—

7 (1) IN GENERAL.—The Equal Credit Oppor8 tunity Act (15 U.S.C. 1691 et seq.) is amended by

9 inserting after section 704 the following new section:

10 ‘‘SEC. 704A. INCENTIVES FOR SELF-TESTING AND SELF11 CORRECTION.

12 ‘‘(a) PRIVILEGED INFORMATION.—

13 ‘‘(1) CONDITIONS FOR PRIVILEGE.—A report or

14 result of a self-test (as that term is defined by regu15 lations of the Board) shall be considered to be privi16 leged under paragraph (2) if a creditor—

17 ‘‘(A) conducts, or authorizes an independ18 ent third party to conduct, a self-test of any as19 pect of a credit transaction by a creditor, in

20 order to determine the level or effectiveness of

21 compliance with this title by the creditor; and

22 ‘‘(B) has identified any possible violation

23 of this title by the creditor and has taken, or

24 is taking, appropriate corrective action to ad25 dress any such possible violation.
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1 ‘‘(2) PRIVILEGED SELF-TEST.—If a creditor

2 meets the conditions specified in subparagraphs (A)

3 and (B) of paragraph (1) with respect to a self-test

4 described in that paragraph, any report or results of

5 that self-test—

6 ‘‘(A) shall be privileged; and

7 ‘‘(B) may not be obtained or used by any

8 applicant, department, or agency in any—

9 ‘‘(i) proceeding or civil action in which

10 one or more violations of this title are al11 leged; or

12 ‘‘(ii) examination or investigation re13 lating to compliance with this title.

14 ‘‘(b) RESULTS OF SELF-TESTING.—

15 ‘‘(1) IN GENERAL.—No provision of this section

16 may be construed to prevent an applicant, depart17 ment, or agency from obtaining or using a report or

18 results of any self-test in any proceeding or civil ac19 tion in which a violation of this title is alleged, or

20 in any examination or investigation of compliance

21 with this title if—

22 ‘‘(A) the creditor or any person with lawful

23 access to the report or results—

24 ‘‘(i) voluntarily releases or discloses

25 all, or any part of, the report or results to
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1 the applicant, department, or agency, or to

2 the general public; or

3 ‘‘(ii) refers to or describes the report

4 or results as a defense to charges of viola5 tions of this title against the creditor to

6 whom the self-test relates; or

7 ‘‘(B) the report or results are sought in

8 conjunction with an adjudication or admission

9 of a violation of this title for the sole purpose

10 of determining an appropriate penalty or rem11 edy.

12 ‘‘(2) DISCLOSURE FOR DETERMINATION OF

13 PENALTY OR REMEDY.—Any report or results of a

14 self-test that are disclosed for the purpose specified

15 in paragraph (1)(B)—

16 ‘‘(A) shall be used only for the particular

17 proceeding in which the adjudication or admis18 sion referred to in paragraph (1)(B) is made;

19 and

20 ‘‘(B) may not be used in any other action

21 or proceeding.

22 ‘‘(c) ADJUDICATION.—An applicant, department, or

23 agency that challenges a privilege asserted under this sec24 tion may seek a determination of the existence and appli25 cation of that privilege in—
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1 ‘‘(1) a court of competent jurisdiction; or

2 ‘‘(2) an administrative law proceeding with ap3 propriate jurisdiction.’’.

4 (2) REGULATIONS.—

5 (A) IN GENERAL.—Not later than 6

6 months after the date of enactment of this Act,

7 in consultation with the Secretary of Housing

8 and Urban Development and the agencies re9 ferred to in section 704 of the Equal Credit Op10 portunity Act, and after providing notice and

11 an opportunity for public comment, the Board

12 shall prescribe final regulations to implement

13 section 704A of the Equal Credit Opportunity

14 Act, as added by this section.

15 (B) SELF-TEST.—

16 (i) DEFINITION.—The regulations

17 prescribed under subparagraph (A) shall

18 include a definition of the term ‘‘self-test’’

19 for purposes of section 704A of the Equal

20 Credit Opportunity Act, as added by this

21 section.

22 (ii) REQUIREMENT FOR SELF-TEST.—

23 The regulations prescribed under subpara24 graph (A) shall specify that a self-test

25 shall be sufficiently extensive to constitute
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1 a determination of the level and effective2 ness of compliance by a creditor with the

3 Equal Credit Opportunity Act.

4 (iii) SUBSTANTIAL SIMILARITY TO

5 CERTAIN FAIR HOUSING ACT REGULA6 TIONS.—The regulations prescribed under

7 subparagraph (A) shall be substantially

8 similar to the regulations prescribed by the

9 Secretary of Housing and Urban Develop10 ment to carry out section 814A(d) of the

11 Fair Housing Act, as added by this sec12 tion.

13 (3) CLERICAL AMENDMENT.—The table of sec14 tions for title VII of the Consumer Credit Protection

15 Act is amended by inserting after the item relating

16 to section 704 the following new item:

‘‘704A. Incentives for self-testing and self-correction.’’.

17 (b) FAIR HOUSING.—

18 (1) IN GENERAL.—The Fair Housing Act (42

19 U.S.C. 3601 et seq.) is amended by inserting after

20 section 814 the following new section:

21 ‘‘SEC. 814A. INCENTIVES FOR SELF-TESTING AND SELF22 CORRECTION.

23 ‘‘(a) PRIVILEGED INFORMATION.—

24 ‘‘(1) CONDITIONS FOR PRIVILEGE.—A report or

25 result of a self-test (as that term is defined by regu-
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1 lation of the Secretary) shall be considered to be

2 privileged under paragraph (2) if any person—

3 ‘‘(A) conducts, or authorizes an independ4 ent third party to conduct, a self-test of any as5 pect of a residential real estate related lending

6 transaction of that person, or any part of that

7 transaction, in order to determine the level or

8 effectiveness of compliance with this title by

9 that person; and

10 ‘‘(B) has identified any possible violation

11 of this title by that person and has taken, or is

12 taking, appropriate corrective action to address

13 any such possible violation.

14 ‘‘(2) PRIVILEGED SELF-TEST.—If a person

15 meets the conditions specified in subparagraphs (A)

16 and (B) of paragraph (1) with respect to a self-test

17 described in that paragraph, any report or results of

18 that self-test—

19 ‘‘(A) shall be privileged; and

20 ‘‘(B) may not be obtained or used by any

21 applicant, department, or agency in any—

22 ‘‘(i) proceeding or civil action in which

23 one or more violations of this title are al24 leged; or
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1 ‘‘(ii) examination or investigation re2 lating to compliance with this title.

3 ‘‘(b) RESULTS OF SELF-TESTING.—

4 ‘‘(1) IN GENERAL.—No provision of this section

5 may be construed to prevent an aggrieved person,

6 complainant, department, or agency from obtaining

7 or using a report or results of any self-test in any

8 proceeding or civil action in which a violation of this

9 title is alleged, or in any examination or investiga10 tion of compliance with this title if—

11 ‘‘(A) the person to whom the self-test re12 lates or any person with lawful access to the re13 port or the results—

14 ‘‘(i) voluntarily releases or discloses

15 all, or any part of, the report or results to

16 the aggrieved person, complainant, depart17 ment, or agency, or to the general public;

18 or

19 ‘‘(ii) refers to or describes the report

20 or results as a defense to charges of viola21 tions of this title against the person to

22 whom the self-test relates; or

23 ‘‘(B) the report or results are sought in

24 conjunction with an adjudication or admission

25 of a violation of this title for the sole purpose
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1 of determining an appropriate penalty or rem2 edy.

3 ‘‘(2) DISCLOSURE FOR DETERMINATION OF

4 PENALTY OR REMEDY.—Any report or results of a

5 self-test that are disclosed for the purpose specified

6 in paragraph (1)(B)—

7 ‘‘(A) shall be used only for the particular

8 proceeding in which the adjudication or admis9 sion referred to in paragraph (1)(B) is made;

10 and

11 ‘‘(B) may not be used in any other action

12 or proceeding.

13 ‘‘(c) ADJUDICATION.—An aggrieved person, com14 plainant, department, or agency that challenges a privilege

15 asserted under this section may seek a determination of

16 the existence and application of that privilege in—

17 ‘‘(1) a court of competent jurisdiction; or

18 ‘‘(2) an administrative law proceeding with ap19 propriate jurisdiction.’’.

20 (2) REGULATIONS.—

21 (A) IN GENERAL.—Not later than 6

22 months after the date of enactment of this Act,

23 in consultation with the Board and after provid24 ing notice and an opportunity for public com25 ment, the Secretary of Housing and Urban De-
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1 velopment shall prescribe final regulations to

2 implement section 814A of the Fair Housing

3 Act, as added by this section.

4 (B) SELF-TEST.—

5 (i) DEFINITION.—The regulations

6 prescribed by the Secretary under subpara7 graph (A) shall include a definition of the

8 term ‘‘self-test’’ for purposes of section

9 814A of the Fair Housing Act, as added

10 by this section.

11 (ii) REQUIREMENT FOR SELF-TEST.—

12 The regulations prescribed by the Sec13 retary under subparagraph (A) shall speci14 fy that a self-test shall be sufficiently ex15 tensive to constitute a determination of the

16 level and effectiveness of the compliance by

17 a person engaged in residential real estate

18 related lending activities with the Fair

19 Housing Act.

20 (iii) SUBSTANTIAL SIMILARITY TO

21 CERTAIN EQUAL CREDIT OPPORTUNITY

22 ACT REGULATIONS.—The regulations pre23 scribed under subparagraph (A) shall be

24 substantially similar to the regulations pre25 scribed by the Board to carry out section
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1 704A of the Equal Credit Opportunity Act,

2 as added by this section.

3 (c) APPLICABILITY.—

4 (1) IN GENERAL.—Except as provided in para5 graph (2), the privilege provided for in section 704A

6 of the Equal Credit Opportunity Act or section

7 814A of the Fair Housing Act (as those sections are

8 added by this section) shall apply to a self-test (as

9 that term is defined pursuant to the regulations pre10 scribed under subsection (a)(2) or (b)(2) of this sec11 tion, as appropriate) conducted before, on, or after

12 the effective date of the regulations prescribed under

13 subsection (a)(2) or (b)(2), as appropriate.

14 (2) EXCEPTION.—The privilege referred to in

15 paragraph (1) does not apply to such a self-test con16 ducted before the effective date of the regulations

17 prescribed under subsection (a) or (b), as appro18 priate, if—

19 (A) before that effective date, a complaint

20 against the creditor or person engaged in resi21 dential real estate related lending activities (as

22 the case may be) was—

23 (i) formally filed in any court of com24 petent jurisdiction; or
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1 (ii) the subject of an ongoing adminis2 trative law proceeding;

3 (B) in the case of section 704A of the

4 Equal Credit Opportunity Act, the creditor has

5 waived the privilege pursuant to subsection

6 (b)(1)(A)(i) of that section; or

7 (C) in the case of section 814A of the Fair

8 Housing Act, the person engaged in residential

9 real estate related lending activities has waived

10 the privilege pursuant to subsection (b)(1)(A)(i)

11 of that section.

12 SEC. 2303. QUALIFIED THRIFT INVESTMENT AMENDMENTS.

13 (a) CREDIT CARDS.—Section 5(b) of the Home Own14 ers’ Loan Act (12 U.S.C. 1464(b)) is amended—

15 (1) by striking paragraph (4); and

16 (2) by redesignating paragraph (5) as para17 graph (4).

18 (b) LOANS OR INVESTMENTS WITHOUT PERCENTAGE

19 OF ASSETS LIMITATION.—Section 5(c)(1) of the Home

20 Owners’ Loan Act (12 U.S.C. 1464(c)(1)) is amended by

21 adding at the end the following new subparagraphs:

22 ‘‘(T) CREDIT CARD LOANS.—Loans made

23 through credit cards or credit card accounts.

24 ‘‘(U) EDUCATIONAL LOANS.—Loans made

25 for the payment of educational expenses.’’.
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1 (c) COMMERCIAL AND OTHER LOANS.—Section

2 5(c)(2)(A) of the Home Owners’ Loan Act (12 U.S.C.

3 1464(c)(2)(A)) is amended to read as follows:

4 ‘‘(A) COMMERCIAL AND OTHER LOANS.—

5 Secured or unsecured loans for commercial, cor6 porate, business, or agricultural purposes. The

7 aggregate amount of loans made under this

8 subparagraph may not exceed 20 percent of the

9 total assets of the Federal savings association,

10 and amounts in excess of 10 percent of such

11 total assets may be used under this subpara12 graph only for small business loans, as that

13 term is defined by the Director.’’.

14 (d) LOANS OR INVESTMENTS LIMITED TO 5 PER15 CENT OF ASSETS.—Section 5(c)(3) of the Home Owners’

16 Loan Act (12 U.S.C. 1464(c)(3)) is amended—

17 (1) by striking subparagraph (A); and

18 (2) by redesignating subparagraphs (B), (C),

19 and (D) as subparagraphs (A), (B), and (C), respec20 tively.

21 (e) QUALIFIED THRIFT LENDER TEST.—Section

22 10(m)(1) of the Home Owners’ Loan Act (12 U.S.C.

23 1467a(m)(1)) is amended—

24 (1) by redesignating subparagraph (B) as

25 clause (ii);
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1 (2) in subparagraph (A), by striking ‘‘(A) the

2 savings’’ and inserting ‘‘(B)(i) the savings’’; and

3 (3) by inserting after ‘‘if—’’ the following new

4 subparagraph:

5 ‘‘(A) the savings association qualifies as a

6 domestic building and loan association, as such

7 term is defined in section 7701(a)(19) of the

8 Internal Revenue Code of 1986; or’’.

9 (f) BRANCHING.—Section 5(r) of the Home Owners’

10 Loan Act (12 U.S.C. 1464(r)) is amended—

11 (1) in paragraph (1)—

12 (A) in the first sentence—

13 (i) by inserting before the period ‘‘, or

14 qualifies as a qualified thrift lender, as de15 termined under section 10(m) of this Act’’;

16 and

17 (ii) by striking ‘‘(c)’’ and inserting

18 ‘‘(C)’’; and

19 (B) in the second sentence, by inserting

20 before the period ‘‘or as a qualified thrift lend21 er, as determined under section 10(m) of this

22 Act, as applicable’’; and

23 (2) in paragraph (2), by striking subparagraph

24 (C) and inserting the following:
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1 ‘‘(C) the law of the State where the branch is

2 located, or is to be located, would permit establish3 ment of the branch if the association was a savings

4 association or savings bank chartered by the State

5 in which its home office is located; or’’.

6 (g) DEFINITION.—Section 10(m)(4) of the Home

7 Owners’ Loan Act (12 U.S.C. 1467a(m)(4)) is amended—

8 (1) by striking ‘‘subsection—’’ and inserting

9 ‘‘subsection, the following definitions shall apply:’’;

10 (2) in subparagraph (C)—

11 (A) in clause (ii), by adding at the end the

12 following new subclause:

13 ‘‘(VII) Loans for educational

14 purposes, loans to small businesses,

15 and loans made through credit cards

16 or credit card accounts.’’; and

17 (B) in clause (iii), by striking subclause

18 (VI) and inserting the following:

19 ‘‘(VI) Loans for personal, family,

20 or household purposes (other than

21 loans for personal, family, or house22 hold purposes described in clause

23 (ii)(VII)).’’; and

24 (3) by adding at the end the following new sub25 paragraphs:
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1 ‘‘(D) CREDIT CARD.—The Director shall

2 issue such regulations as may be necessary to

3 define the term ‘credit card’.

4 ‘‘(E) SMALL BUSINESS.—The Director

5 shall issue such regulations as may be necessary

6 to define the term ‘small business’.’’.

7 SEC. 2304. LIMITED PURPOSE BANKS.

8 (a) GROWTH CAP RELIEF.—Section 4(f)(3)(B) of the

9 Bank Holding Company Act of 1956 (12 U.S.C.

10 1843(f)(3)(B)) is amended—

11 (1) in clause (ii), by adding ‘‘or’’ at the end;

12 (2) in clause (iii), by striking ‘‘; or’’ at the end

13 and inserting a period; and

14 (3) by striking clause (iv).

15 (b) LIMITED PURPOSE BANK EXCEPTION.—Section

16 2(c)(2)(F) of the Bank Holding Company Act of 1956 (12

17 U.S.C. 1841(c)(2)(F)) is amended by inserting ‘‘, includ18 ing an institution that accepts collateral for extensions of

19 credit by holding deposits under $100,000, and by other

20 means’’ after ‘‘An institution’’.

21 SEC. 2305. AMENDMENT TO FAIR DEBT COLLECTION PRAC22 TICES ACT.

23 (a) IN GENERAL.—Section 807(11) of the Fair Debt

24 Collection Practices Act (15 U.S.C. 1692e(11)) is amend25 ed to read as follows:
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1 ‘‘(11) The failure to disclose in the initial writ2 ten communication with the consumer and, in addi3 tion, if the initial communication with the consumer

4 is oral, in that initial oral communication, that the

5 debt collector is attempting to collect a debt and

6 that any information obtained will be used for that

7 purpose, and the failure to disclose in subsequent

8 communications that the communication is from a

9 debt collector, except that this paragraph shall not

10 apply to a formal pleading made in connection with

11 a legal action.’’.

12 (b) EFFECTIVE DATE.—The amendment made by

13 subsection (a) shall take effect 90 days after the date of

14 enactment of this Act and shall apply to all communica15 tions made after that date of enactment.

16 SEC. 2306. INCREASE IN CERTAIN CREDIT UNION LOAN

17 CEILINGS.

18 Section 107(5)(A) of the Federal Credit Union Act

19 (12 U.S.C. 1757(5)(A)) is amended—

20 (1) in clause (iv), by striking ‘‘$10,000’’ and in21 serting ‘‘$20,000’’; and

22 (2) in clause (v), by striking ‘‘$10,000’’ and in23 serting ‘‘$20,000’’.
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1 SEC. 2307. BANK INVESTMENTS IN EDGE ACT AND AGREE2 MENT CORPORATIONS.

3 The 10th undesignated paragraph of section 25A of

4 the Federal Reserve Act (12 U.S.C. 618) is amended by

5 striking the last sentence and inserting the following:

6 ‘‘Any national bank may invest in the stock of any cor7 poration organized under this section. The aggregate

8 amount of stock held by any national bank in all corpora9 tions engaged in business of the kind described in this sec10 tion or section 25 shall not exceed an amount equal to

11 10 percent of the capital and surplus of such bank unless

12 the Board determines that the investment of an additional

13 amount by the bank would not be unsafe or unsound and,

14 in any case, shall not exceed an amount equal to 20 per15 cent of the capital and surplus of such bank.’’.

16 Subtitle D—Consumer Credit

17 CHAPTER 1—CREDIT REPORTING

18 REFORM

19 SEC. 2401. SHORT TITLE.

20 This chapter may be cited as the ‘‘Consumer Credit

21 Reporting Reform Act of 1996’’.

22 SEC. 2402. DEFINITIONS.

23 (a) ADVERSE ACTION.—Section 603 of the Fair

24 Credit Reporting Act (15 U.S.C. 1681a) is amended by

25 adding at the end the following new subsection:

26 ‘‘(k) ADVERSE ACTION.—
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1 ‘‘(1) ACTIONS INCLUDED.—The term ‘adverse

2 action’—

3 ‘‘(A) has the same meaning as in section

4 701(d)(6) of the Equal Credit Opportunity Act;

5 and

6 ‘‘(B) means—

7 ‘‘(i) a denial or cancellation of, an in8 crease in any charge for, or a reduction or

9 other adverse or unfavorable change in the

10 terms of coverage or amount of, any insur11 ance, existing or applied for, in connection

12 with the underwriting of insurance;

13 ‘‘(ii) a denial of employment or any

14 other decision for employment purposes

15 that adversely affects any current or pro16 spective employee;

17 ‘‘(iii) a denial or cancellation of, an

18 increase in any charge for, or any other

19 adverse or unfavorable change in the terms

20 of, any license or benefit described in sec21 tion 604(a)(3)(D); and

22 ‘‘(iv) an action taken or determination

23 that is—

24 ‘‘(I) made in connection with an

25 application that was made by, or a
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1 transaction that was initiated by, any

2 consumer, or in connection with a re3 view of an account under section

4 604(a)(3)(F)(ii); and

5 ‘‘(II) adverse to the interests of

6 the consumer.

7 ‘‘(2) APPLICABLE FINDINGS, DECISIONS, COM8 MENTARY, AND ORDERS.—For purposes of any de9 termination of whether an action is an adverse ac10 tion under paragraph (1)(A), all appropriate final

11 findings, decisions, commentary, and orders issued

12 under section 701(d)(6) of the Equal Credit Oppor13 tunity Act by the Board of Governors of the Federal

14 Reserve System or any court shall apply.’’.

15 (b) FIRM OFFER OF CREDIT OR INSURANCE.—Sec16 tion 603 of the Fair Credit Reporting Act (15 U.S.C.

17 1681a) (as amended by subsection (a) of this section) is

18 amended by adding at the end the following new sub19 section:

20 ‘‘(l) FIRM OFFER OF CREDIT OR INSURANCE.—The

21 term ‘firm offer of credit or insurance’ means any offer

22 of credit or insurance to a consumer that will be honored

23 if the consumer is determined, based on information in

24 a consumer report on the consumer, to meet the specific

25 criteria used to select the consumer for the offer, except
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1 that the offer may be further conditioned on one or more

2 of the following:

3 ‘‘(1) The consumer being determined, based on

4 information in the consumer’s application for the

5 credit or insurance, to meet specific criteria bearing

6 on credit worthiness or insurability, as applicable,

7 that are established—

8 ‘‘(A) before selection of the consumer for

9 the offer; and

10 ‘‘(B) for the purpose of determining

11 whether to extend credit or insurance pursuant

12 to the offer.

13 ‘‘(2) Verification—

14 ‘‘(A) that the consumer continues to meet

15 the specific criteria used to select the consumer

16 for the offer, by using information in a

17 consumer report on the consumer, information

18 in the consumer’s application for the credit or

19 insurance, or other information bearing on the

20 credit worthiness or insurability of the

21 consumer; or

22 ‘‘(B) of the information in the consumer’s

23 application for the credit or insurance, to deter24 mine that the consumer meets the specific cri-
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1 teria bearing on credit worthiness or insurabil2 ity.

3 ‘‘(3) The consumer furnishing any collateral

4 that is a requirement for the extension of the credit

5 or insurance that was—

6 ‘‘(A) established before selection of the

7 consumer for the offer of credit or insurance;

8 and

9 ‘‘(B) disclosed to the consumer in the offer

10 of credit or insurance.’’.

11 (c) CREDIT OR INSURANCE TRANSACTION THAT IS

12 NOT INITIATED BY THE CONSUMER.—Section 603 of the

13 Fair Credit Reporting Act (15 U.S.C. 1681a) (as amended

14 by subsection (b) of this section) is amended by adding

15 at the end the following new subsection:

16 ‘‘(m) CREDIT OR INSURANCE TRANSACTION THAT IS

17 NOT INITIATED BY THE CONSUMER.—The term ‘credit or

18 insurance transaction that is not initiated by the

19 consumer’ does not include the use of a consumer report

20 by a person with which the consumer has an account or

21 insurance policy, for purposes of—

22 ‘‘(1) reviewing the account or insurance policy;

23 or

24 ‘‘(2) collecting the account.’’.
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1 (d) STATE.—Section 603 of the Fair Credit Report2 ing Act (15 U.S.C. 1681a) (as amended by subsection (c)

3 of this section) is amended by adding at the end the fol4 lowing new subsection:

5 ‘‘(n) STATE.—The term ‘State’ means any State, the

6 Commonwealth of Puerto Rico, the District of Columbia,

7 and any territory or possession of the United States.’’.

8 (e) DEFINITION OF CONSUMER REPORT.—Section

9 603(d) of the Fair Credit Reporting Act (15 U.S.C.

10 1681a(d)) is amended—

11 (1) by striking ‘‘(d) The term’’ and inserting

12 the following:

13 ‘‘(d) CONSUMER REPORT.—

14 ‘‘(1) IN GENERAL.—The term’’;

15 (2) by striking ‘‘for (1) credit’’ and inserting

16 the following: ‘‘for—

17 ‘‘(A) credit’’;

18 (3) by striking ‘‘purposes, or (2)’’ and all that

19 follows through ‘‘section 604.’’ and inserting the fol20 lowing: ‘‘purposes;

21 ‘‘(B) employment purposes; or

22 ‘‘(C) any other purpose authorized under

23 section 604.’’; and

24 (4) by striking the second sentence and insert25 ing the following:
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1 ‘‘(2) EXCLUSIONS.—The term ‘consumer re2 port’ does not include—

3 ‘‘(A) any—

4 ‘‘(i) report containing information

5 solely as to transactions or experiences be6 tween the consumer and the person mak7 ing the report;

8 ‘‘(ii) communication of that informa9 tion among persons related by common

10 ownership or affiliated by corporate con11 trol; or

12 ‘‘(iii) any communication of other in13 formation among persons related by com14 mon ownership or affiliated by corporate

15 control, if it is clearly and conspicuously

16 disclosed to the consumer that the infor17 mation may be communicated among such

18 persons and the consumer is given the op19 portunity, before the time that the infor20 mation is initially communicated, to direct

21 that such information not be commu22 nicated among such persons;

23 ‘‘(B) any authorization or approval of a

24 specific extension of credit directly or indirectly

25 by the issuer of a credit card or similar device;
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1 ‘‘(C) any report in which a person who has

2 been requested by a third party to make a spe3 cific extension of credit directly or indirectly to

4 a consumer conveys his or her decision with re5 spect to such request, if the third party advises

6 the consumer of the name and address of the

7 person to whom the request was made, and

8 such person makes the disclosures to the

9 consumer required under section 615; or

10 ‘‘(D) a communication described in sub11 section (o).’’.

12 (f) EXCLUSION OF CERTAIN COMMUNICATIONS BY

13 EMPLOYMENT AGENCIES FROM DEFINITION OF

14 CONSUMER REPORT.—Section 603 of the Fair Credit Re15 porting Act (15 U.S.C. 1681a) is amended by adding at

16 the end the following new subsection:

17 ‘‘(o) EXCLUDED COMMUNICATIONS.—A communica18 tion is described in this subsection if it is a communica19 tion—

20 ‘‘(1) that, but for subsection (d)(2)(E), would

21 be an investigative consumer report;

22 ‘‘(2) that is made to a prospective employer for

23 the purpose of—

24 ‘‘(A) procuring an employee for the em25 ployer; or
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1 ‘‘(B) procuring an opportunity for a natu2 ral person to work for the employer;

3 ‘‘(3) that is made by a person who regularly

4 performs such procurement;

5 ‘‘(4) that is not used by any person for any

6 purpose other than a purpose described in subpara7 graph (A) or (B) of paragraph (2); or

8 ‘‘(5) with respect to which—

9 ‘‘(A) the consumer who is the subject of

10 the communication—

11 ‘‘(i) consents orally or in writing to

12 the nature and scope of the communica13 tion, before the collection of any informa14 tion for the purpose of making the commu15 nication;

16 ‘‘(ii) consents orally or in writing to

17 the making of the communication to a pro18 spective employer, before the making of the

19 communication; and

20 ‘‘(iii) in the case of consent under

21 clause (i) or (ii) given orally, is provided

22 written confirmation of that consent by the

23 person making the communication, not

24 later than 3 business days after the receipt

25 of the consent by that person;
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1 ‘‘(B) the person who makes the commu2 nication does not, for the purpose of making

3 the communication, make any inquiry that if

4 made by a prospective employer of the

5 consumer who is the subject of the communica6 tion would violate any applicable Federal or

7 State equal employment opportunity law or reg8 ulation; and

9 ‘‘(C) the person who makes the commu10 nication—

11 ‘‘(i) discloses in writing to the

12 consumer who is the subject of the commu13 nication, not later than 5 business days

14 after receiving any request from the

15 consumer for such disclosure, the nature

16 and substance of all information in the

17 consumer’s file at the time of the request,

18 except that the sources of any information

19 that is acquired solely for use in making

20 the communication and is actually used for

21 no other purpose, need not be disclosed

22 other than under appropriate discovery

23 procedures in any court of competent juris24 diction in which an action is brought; and
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1 ‘‘(ii) notifies the consumer who is the

2 subject of the communication, in writing,

3 of the consumer’s right to request the in4 formation described in clause (i).’’.

5 (g) CONSUMER REPORTING AGENCY THAT COM6 PILES AND MAINTAINS FILES ON A NATIONWIDE

7 BASIS.—Section 603 of the Fair Credit Reporting Act (15

8 U.S.C. 1681a) (as amended by subsection (f) of this sec9 tion) is amended by adding at the end the following new

10 subsection:

11 ‘‘(p) CONSUMER REPORTING AGENCY THAT COM12 PILES AND MAINTAINS FILES ON CONSUMERS ON A NA13 TIONWIDE BASIS.—The term ‘consumer reporting agency

14 that compiles and maintains files on consumers on a na15 tionwide basis’ means a consumer reporting agency that

16 regularly engages in the practice of assembling or evaluat17 ing, and maintaining, for the purpose of furnishing

18 consumer reports to third parties bearing on a consumer’s

19 credit worthiness, credit standing, or credit capacity, each

20 of the following regarding consumers residing nationwide:

21 ‘‘(1) Public record information.

22 ‘‘(2) Credit account information from persons

23 who furnish that information regularly and in the

24 ordinary course of business.’’.
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1 SEC. 2403. FURNISHING CONSUMER REPORTS; USE FOR EM2 PLOYMENT PURPOSES.

3 (a) FURNISHING CONSUMER REPORTS FOR BUSI4 NESS TRANSACTIONS.—Section 604 of the Fair Credit Re5 porting Act (15 U.S.C. 1681b) is amended—

6 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

7 ‘‘A consumer reporting agency’’; and

8 (2) in subsection (a)(3) (as so designated by

9 paragraph (1) of this subsection), by striking sub10 paragraph (E) and inserting the following:

11 ‘‘(E) intends to use the information, as a

12 potential investor or servicer, or current in13 surer, in connection with a valuation of, or an

14 assessment of the credit or prepayment risks

15 associated with, an existing credit obligation; or

16 ‘‘(F) otherwise has a legitimate business

17 need for the information—

18 ‘‘(i) in connection with a business

19 transaction that is initiated by the

20 consumer; or

21 ‘‘(ii) to review an account to deter22 mine whether the consumer continues to

23 meet the terms of the account.’’.

24 (b) FURNISHING AND USING CONSUMER REPORTS

25 FOR EMPLOYMENT PURPOSES.—Section 604 of the Fair
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1 Credit Reporting Act (15 U.S.C. 1681b) is amended by

2 adding at the end the following new subsection:

3 ‘‘(b) CONDITIONS FOR FURNISHING AND USING

4 CONSUMER REPORTS FOR EMPLOYMENT PURPOSES.—

5 ‘‘(1) CERTIFICATION FROM USER.—A consumer

6 reporting agency may furnish a consumer report for

7 employment purposes only if—

8 ‘‘(A) the person who obtains such report

9 from the agency certifies to the agency that—

10 ‘‘(i) the person has complied with

11 paragraph (2) with respect to the

12 consumer report, and the person will com13 ply with paragraph (3) with respect to the

14 consumer report if paragraph (3) becomes

15 applicable; and

16 ‘‘(ii) information from the consumer

17 report will not be used in violation of any

18 applicable Federal or State equal employ19 ment opportunity law or regulation; and

20 ‘‘(B) the consumer reporting agency pro21 vides with the report a summary of the consum22 er’s rights under this title, as prescribed by the

23 Federal Trade Commission under section

24 609(c)(3).
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1 ‘‘(2) DISCLOSURE TO CONSUMER.—A person

2 may not procure a consumer report, or cause a

3 consumer report to be procured, for employment

4 purposes with respect to any consumer, unless—

5 ‘‘(A) a clear and conspicuous disclosure

6 has been made in writing to the consumer at

7 any time before the report is procured or

8 caused to be procured, in a document that con9 sists solely of the disclosure, that a consumer

10 report may be obtained for employment pur11 poses; and

12 ‘‘(B) the consumer has authorized in writ13 ing the procurement of the report by that per14 son.

15 ‘‘(3) CONDITIONS ON USE FOR ADVERSE AC16 TIONS.—In using a consumer report for employment

17 purposes, before taking any adverse action based in

18 whole or in part on the report, the person intending

19 to take such adverse action shall provide to the

20 consumer to whom the report relates—

21 ‘‘(A) a copy of the report; and

22 ‘‘(B) a description in writing of the rights

23 of the consumer under this title, as prescribed

24 by the Federal Trade Commission under section

25 609(c)(3).’’.
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1 SEC. 2404. USE OF CONSUMER REPORTS FOR

2 PRESCREENING; PROHIBITION ON UNAU3 THORIZED OR UNCERTIFIED USE OF INFOR4 MATION.

5 (a) IN GENERAL.—Section 604 of the Fair Credit

6 Reporting Act (15 U.S.C. 1681b) (as amended by section

7 2403 of this chapter) is amended—

8 (1) in subsection (a), by striking ‘‘A consumer

9 reporting agency’’ and inserting ‘‘Subject to sub10 section (c), any consumer reporting agency’’; and

11 (2) by adding at the end the following new sub12 sections:

13 ‘‘(c) FURNISHING REPORTS IN CONNECTION WITH

14 CREDIT OR INSURANCE TRANSACTIONS THAT ARE NOT

15 INITIATED BY THE CONSUMER.—

16 ‘‘(1) IN GENERAL.—A consumer reporting

17 agency may furnish a consumer report relating to

18 any consumer pursuant to subparagraph (A) or (C)

19 of subsection (a)(3) in connection with any credit or

20 insurance transaction that is not initiated by the

21 consumer only if—

22 ‘‘(A) the consumer authorizes the agency

23 to provide such report to such person; or

24 ‘‘(B)(i) the transaction consists of a firm

25 offer of credit or insurance;
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1 ‘‘(ii) the consumer reporting agency has

2 complied with subsection (e); and

3 ‘‘(iii) there is not in effect an election by

4 the consumer, made in accordance with sub5 section (e), to have the consumer’s name and

6 address excluded from lists of names provided

7 by the agency pursuant to this paragraph.

8 ‘‘(2) LIMITS ON INFORMATION RECEIVED

9 UNDER PARAGRAPH (1)(B).—A person may receive

10 pursuant to paragraph (1)(B) only—

11 ‘‘(A) the name and address of a consumer;

12 ‘‘(B) an identifier that is not unique to the

13 consumer and that is used by the person solely

14 for the purpose of verifying the identity of the

15 consumer; and

16 ‘‘(C) other information pertaining to a

17 consumer that does not identify the relationship

18 or experience of the consumer with respect to a

19 particular creditor or other entity.

20 ‘‘(3) INFORMATION REGARDING INQUIRIES.—

21 Except as provided in section 609(a)(5), a consumer

22 reporting agency shall not furnish to any person a

23 record of inquiries in connection with a credit or in24 surance transaction that is not initiated by a

25 consumer.
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1 ‘‘(d) RESERVED.

2 ‘‘(e) ELECTION OF CONSUMER TO BE EXCLUDED

3 FROM LISTS.—

4 ‘‘(1) IN GENERAL.—A consumer may elect to

5 have the consumer’s name and address excluded

6 from any list provided by a consumer reporting

7 agency under subsection (c)(1)(B) in connection

8 with a credit or insurance transaction that is not ini9 tiated by the consumer by notifying the agency in

10 accordance with paragraph (2) that the consumer

11 does not consent to any use of a consumer report re12 lating to the consumer in connection with any credit

13 or insurance transaction that is not initiated by the

14 consumer.

15 ‘‘(2) MANNER OF NOTIFICATION.—A consumer

16 shall notify a consumer reporting agency under

17 paragraph (1)—

18 ‘‘(A) through the notification system main19 tained by the agency under paragraph (5); or

20 ‘‘(B) by submitting to the agency a signed

21 notice of election form issued by the agency for

22 purposes of this subparagraph.

23 ‘‘(3) RESPONSE OF AGENCY AFTER NOTIFICA24 TION THROUGH SYSTEM.—Upon receipt of notifica25 tion of the election of a consumer under paragraph
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1 (1) through the notification system maintained by

2 the agency under paragraph (5), a consumer report3 ing agency shall—

4 ‘‘(A) inform the consumer that the election

5 is effective only for the 2-year period following

6 the election if the consumer does not submit to

7 the agency a signed notice of election form is8 sued by the agency for purposes of paragraph

9 (2)(B); and

10 ‘‘(B) provide to the consumer a notice of

11 election form, if requested by the consumer, not

12 later than 5 business days after receipt of the

13 notification of the election through the system

14 established under paragraph (5), in the case of

15 a request made at the time the consumer pro16 vides notification through the system.

17 ‘‘(4) EFFECTIVENESS OF ELECTION.—An elec18 tion of a consumer under paragraph (1)—

19 ‘‘(A) shall be effective with respect to a

20 consumer reporting agency beginning 5 busi21 ness days after the date on which the consumer

22 notifies the agency in accordance with para23 graph (2);

24 ‘‘(B) shall be effective with respect to a

25 consumer reporting agency—
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1 ‘‘(i) subject to subparagraph (C), dur2 ing the 2-year period beginning 5 business

3 days after the date on which the consumer

4 notifies the agency of the election, in the

5 case of an election for which a consumer

6 notifies the agency only in accordance with

7 paragraph (2)(A); or

8 ‘‘(ii) until the consumer notifies the

9 agency under subparagraph (C), in the

10 case of an election for which a consumer

11 notifies the agency in accordance with

12 paragraph (2)(B);

13 ‘‘(C) shall not be effective after the date on

14 which the consumer notifies the agency,

15 through the notification system established by

16 the agency under paragraph (5), that the elec17 tion is no longer effective; and

18 ‘‘(D) shall be effective with respect to each

19 affiliate of the agency.

20 ‘‘(5) NOTIFICATION SYSTEM.—

21 ‘‘(A) IN GENERAL.—Each consumer re22 porting agency that, under subsection (c)(1)(B),

23 furnishes a consumer report in connection with

24 a credit or insurance transaction that is not ini25 tiated by a consumer shall—
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1 ‘‘(i) establish and maintain a notifica2 tion system, including a toll-free telephone

3 number, which permits any consumer

4 whose consumer report is maintained by

5 the agency to notify the agency, with ap6 propriate identification, of the consumer’s

7 election to have the consumer’s name and

8 address excluded from any such list of

9 names and addresses provided by the agen10 cy for such a transaction; and

11 ‘‘(ii) publish by not later than 365

12 days after the date of enactment of the

13 Consumer Credit Reporting Reform Act of

14 1996, and not less than annually there15 after, in a publication of general circula16 tion in the area served by the agency—

17 ‘‘(I) a notification that informa18 tion in consumer files maintained by

19 the agency may be used in connection

20 with such transactions; and

21 ‘‘(II) the address and toll-free

22 telephone number for consumers to

23 use to notify the agency of the con24 sumer’s election under clause (i).
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1 ‘‘(B) ESTABLISHMENT AND MAINTENANCE

2 AS COMPLIANCE.—Establishment and mainte3 nance of a notification system (including a toll4 free telephone number) and publication by a

5 consumer reporting agency on the agency’s own

6 behalf and on behalf of any of its affiliates in

7 accordance with this paragraph is deemed to be

8 compliance with this paragraph by each of

9 those affiliates.

10 ‘‘(6) NOTIFICATION SYSTEM BY AGENCIES

11 THAT OPERATE NATIONWIDE.—Each consumer re12 porting agency that compiles and maintains files on

13 consumers on a nationwide basis shall establish and

14 maintain a notification system for purposes of para15 graph (5) jointly with other such consumer reporting

16 agencies.’’.

17 (b) USE OF INFORMATION OBTAINED FROM RE18 PORTS.—Section 604 of the Fair Credit Reporting Act (15

19 U.S.C. 1681b) (as amended by subsection (a) of this sec20 tion) is amended by adding at the end the following new

21 subsection:

22 ‘‘(f) CERTAIN USE OR OBTAINING OF INFORMATION

23 PROHIBITED.—A person shall not use or obtain a

24 consumer report for any purpose unless—
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1 ‘‘(1) the consumer report is obtained for a pur2 pose for which the consumer report is authorized to

3 be furnished under this section; and

4 ‘‘(2) the purpose is certified in accordance with

5 section 607 by a prospective user of the report

6 through a general or specific certification.’’.

7 (c) FTC GUIDELINES REGARDING PRESCREENING

8 FOR INSURANCE TRANSACTIONS.—The Federal Trade

9 Commission may issue such guidelines as it deems nec10 essary with respect to the use of consumer reports in con11 nection with insurance transactions that are not initiated

12 by the consumer pursuant to section 604(c) of the Fair

13 Credit Reporting Act, as added by subsection (a) of this

14 section.

15 SEC. 2405. CONSUMER CONSENT REQUIRED TO FURNISH

16 CONSUMER REPORT CONTAINING MEDICAL

17 INFORMATION.

18 Section 604 of the Fair Credit Reporting Act (15

19 U.S.C. 1681b) is amended by adding at the end the follow20 ing new subsection:

21 ‘‘(g) FURNISHING REPORTS CONTAINING MEDICAL

22 INFORMATION.—A consumer reporting agency shall not

23 furnish for employment purposes, or in connection with

24 a credit or insurance transaction or a direct marketing

25 transaction, a consumer report that contains medical in-
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1 formation about a consumer, unless the consumer con2 sents to the furnishing of the report.’’.

3 SEC. 2406. OBSOLETE INFORMATION AND INFORMATION

4 CONTAINED IN CONSUMER REPORTS.

5 (a) AMENDMENT TO LARGE-DOLLAR EXCEPTION.—

6 Section 605 of the Fair Credit Reporting Act (15 U.S.C.

7 1681c) is amended—

8 (1) by inserting ‘‘INFORMATION EXCLUDED

9 FROM CONSUMER REPORTS.—’’ after ‘‘(a)’’;

10 (2) in subsection (b)—

11 (A) in paragraph (1), by striking

12 ‘‘$50,000’’ and inserting ‘‘$150,000’’;

13 (B) in paragraph (2), by striking

14 ‘‘$50,000’’ and inserting ‘‘$150,000’’; and

15 (C) in paragraph (3), by striking

16 ‘‘$20,000’’ and inserting ‘‘$75,000’’.

17 (b) CLARIFICATION OF REPORTING PERIOD.—Sec18 tion 605 of the Fair Credit Reporting Act (15 U.S.C.

19 1681c) (as amended by subsection (a) of this section) is

20 amended by adding at the end the following new sub21 section:

22 ‘‘(c) RUNNING OF REPORTING PERIOD.—

23 ‘‘(1) IN GENERAL.—The 7-year period referred

24 to in paragraphs (4) and (6) of subsection (a) shall

25 begin, with respect to any delinquent account that is
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1 placed for collection (internally or by referral to a

2 third party, whichever is earlier), charged to profit

3 and loss, or subjected to any similar action, upon the

4 expiration of the 180-day period beginning on the

5 date of the commencement of the delinquency which

6 immediately preceded the collection activity, charge

7 to profit and loss, or similar action.

8 ‘‘(2) EFFECTIVE DATE.—Paragraph (1) shall

9 apply only to items of information added to the file

10 of a consumer on or after the date that is 455 days

11 after the date of enactment of the Consumer Credit

12 Reporting Reform Act of 1996.’’.

13 (c) ADDITIONAL INFORMATION ON BANKRUPTCY

14 FILINGS REQUIRED.—Section 605 of the Fair Credit Re15 porting Act (15 U.S.C. 1681c) is amended by adding at

16 the end the following new subsection:

17 ‘‘(d) INFORMATION REQUIRED TO BE DISCLOSED.—

18 Any consumer reporting agency that furnishes a consumer

19 report that contains information regarding any case in20 volving the consumer that arises under title 11, United

21 States Code, shall include in the report an identification

22 of the chapter of such title 11 under which such case

23 arises if provided by the source of the information. If any

24 case arising or filed under title 11, United States Code,

25 is withdrawn by the consumer before a final judgment, the
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1 consumer reporting agency shall include in the report that

2 such case or filing was withdrawn upon receipt of docu3 mentation certifying such withdrawal.’’.

4 (d) INDICATION OF CLOSURE OF ACCOUNT; INDICA5 TION OF DISPUTE BY CONSUMER.—Section 605 of the

6 Fair Credit Reporting Act (15 U.S.C. 1681c) is amended

7 by adding at the end the following new subsections:

8 ‘‘(e) INDICATION OF CLOSURE OF ACCOUNT BY

9 CONSUMER.—If a consumer reporting agency is notified

10 pursuant to section 623(a)(4) that a credit account of a

11 consumer was voluntarily closed by the consumer, the

12 agency shall indicate that fact in any consumer report that

13 includes information related to the account.

14 ‘‘(f) INDICATION OF DISPUTE BY CONSUMER.—If a

15 consumer reporting agency is notified pursuant to section

16 623(a)(3) that information regarding a consumer who was

17 furnished to the agency is disputed by the consumer, the

18 agency shall indicate that fact in each consumer report

19 that includes the disputed information.’’.

20 (e) CONFORMING AMENDMENTS.—

21 (1) Section 605 of the Fair Credit Reporting

22 Act (15 U.S.C. 1681c) is amended in the section

23 heading, by striking ‘‘OBSOLETE INFORMA24 TION’’ and inserting ‘‘REQUIREMENTS RE-
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1 LATING TO INFORMATION CONTAINED

2 IN CONSUMER REPORTS’’.

3 (2) The table of sections for the Fair Credit

4 Reporting Act (15 U.S.C. 1681a et seq.) is amended

5 by striking the item relating to section 605 and in6 serting the following:

‘‘605. Requirements relating to information contained in consumer reports.’’.

7 SEC. 2407. COMPLIANCE PROCEDURES.

8 (a) DISCLOSURE OF CONSUMER REPORTS BY

9 USERS.—Section 607 of the Fair Credit Reporting Act

10 (15 U.S.C. 1681e) is amended by adding at the end the

11 following new subsection:

12 ‘‘(c) DISCLOSURE OF CONSUMER REPORTS BY

13 USERS ALLOWED.—A consumer reporting agency may not

14 prohibit a user of a consumer report furnished by the

15 agency on a consumer from disclosing the contents of the

16 report to the consumer, if adverse action against the

17 consumer has been taken by the user based in whole or

18 in part on the report.’’.

19 (b) NOTICE TO USERS AND PROVIDERS OF INFORMA20 TION TO ENSURE COMPLIANCE.—Section 607 of the Fair

21 Credit Reporting Act (15 U.S.C. 1681e) is amended by

22 adding after subsection (c) (as added by subsection (a)

23 of this section) the following new subsection:

24 ‘‘(d) NOTICE TO USERS AND FURNISHERS OF INFOR25 MATION.—
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1 ‘‘(1) NOTICE REQUIREMENT.—A consumer re2 porting agency shall provide to any person—

3 ‘‘(A) who regularly and in the ordinary

4 course of business furnishes information to the

5 agency with respect to any consumer; or

6 ‘‘(B) to whom a consumer report is pro7 vided by the agency;

8 a notice of such person’s responsibilities under this

9 title.

10 ‘‘(2) CONTENT OF NOTICE.—The Federal

11 Trade Commission shall prescribe the content of no12 tices under paragraph (1), and a consumer reporting

13 agency shall be in compliance with this subsection if

14 it provides a notice under paragraph (1) that is sub15 stantially similar to the Federal Trade Commission

16 prescription under this paragraph.’’.

17 (c) RECORD OF IDENTITY OF USERS AND PURPOSES

18 CERTIFIED BY USERS OF REPORTS.—Section 607 of the

19 Fair Credit Reporting Act (15 U.S.C. 1681e) is amended

20 by adding after subsection (d) (as added by subsection (b)

21 of this section) the following new subsection:

22 ‘‘(e) PROCUREMENT OF CONSUMER REPORT FOR RE23 SALE.—

24 ‘‘(1) DISCLOSURE.—A person may not procure

25 a consumer report for purposes of reselling the re-
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1 port (or any information in the report) unless the

2 person discloses to the consumer reporting agency

3 that originally furnishes the report—

4 ‘‘(A) the identity of the end-user of the re5 port (or information); and

6 ‘‘(B) each permissible purpose under sec7 tion 604 for which the report is furnished to

8 the end-user of the report (or information).

9 ‘‘(2) RESPONSIBILITIES OF PROCURERS FOR

10 RESALE.—A person who procures a consumer report

11 for purposes of reselling the report (or any informa12 tion in the report) shall—

13 ‘‘(A) establish and comply with reasonable

14 procedures designed to ensure that the report

15 (or information) is resold by the person only for

16 a purpose for which the report may be fur17 nished under section 604, including by requir18 ing that each person to which the report (or in19 formation) is resold and that resells or provides

20 the report (or information) to any other per21 son—

22 ‘‘(i) identifies each end user of the re23 sold report (or information);
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1 ‘‘(ii) certifies each purpose for which

2 the report (or information) will be used;

3 and

4 ‘‘(iii) certifies that the report (or in5 formation) will be used for no other pur6 pose; and

7 ‘‘(B) before reselling the report, make rea8 sonable efforts to verify the identifications and

9 certifications made under subparagraph (A).’’.

10 SEC. 2408. CONSUMER DISCLOSURES.

11 (a) ALL INFORMATION IN CONSUMER’S FILE RE12 QUIRED TO BE DISCLOSED.—Section 609(a)(1) of the

13 Fair Credit Reporting Act (15 U.S.C. 1681g(a)(1)) is

14 amended to read as follows:

15 ‘‘(1) All information in the consumer’s file at

16 the time of the request, except that nothing in this

17 paragraph shall be construed to require a consumer

18 reporting agency to disclose to a consumer any in19 formation concerning credit scores or any other risk

20 scores or predictors relating to the consumer.’’.

21 (b) MORE INFORMATION CONCERNING RECIPIENTS

22 OF REPORTS REQUIRED.—Section 609(a)(3) of the Fair

23 Credit Reporting Act (15 U.S.C. 1681g(a)) is amended

24 to read as follows:
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1 ‘‘(3)(A) Identification of each person (including

2 each end-user identified under section 607(e)(1))

3 that procured a consumer report—

4 ‘‘(i) for employment purposes, during the

5 2-year period preceding the date on which the

6 request is made; or

7 ‘‘(ii) for any other purpose, during the 1-

8 year period preceding the date on which the re9 quest is made.

10 ‘‘(B) An identification of a person under sub11 paragraph (A) shall include—

12 ‘‘(i) the name of the person or, if applica13 ble, the trade name (written in full) under

14 which such person conducts business; and

15 ‘‘(ii) upon request of the consumer, the ad16 dress and telephone number of the person.’’.

17 (c) INFORMATION REGARDING INQUIRIES.—Section

18 609(a) of the Fair Credit Reporting Act (15 U.S.C.

19 1681g(a)) is amended by adding at the end the following

20 new paragraph:

21 ‘‘(5) A record of all inquiries received by the

22 agency during the 1-year period preceding the re23 quest that identified the consumer in connection

24 with a credit or insurance transaction that was not

25 initiated by the consumer.’’.
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1 (d) SUMMARY OF RIGHTS REQUIRED TO BE IN2 CLUDED WITH DISCLOSURE.—

3 (1) IN GENERAL.—Section 609 of the Fair

4 Credit Reporting Act (15 U.S.C. 1681g) is amended

5 by adding at the end the following new subsection:

6 ‘‘(c) SUMMARY OF RIGHTS REQUIRED TO BE IN7 CLUDED WITH DISCLOSURE.—

8 ‘‘(1) SUMMARY OF RIGHTS.—A consumer re9 porting agency shall provide to a consumer, with

10 each written disclosure by the agency to the

11 consumer under this section—

12 ‘‘(A) a written summary of all of the rights

13 that the consumer has under this title; and

14 ‘‘(B) in the case of a consumer reporting

15 agency that compiles and maintains files on

16 consumers on a nationwide basis, a toll-free

17 telephone number established by the agency, at

18 which personnel are accessible to consumers

19 during normal business hours.

20 ‘‘(2) SPECIFIC ITEMS REQUIRED TO BE IN21 CLUDED.—The summary of rights required under

22 paragraph (1) shall include—

23 ‘‘(A) a brief description of this title and all

24 rights of consumers under this title;
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1 ‘‘(B) an explanation of how the consumer

2 may exercise the rights of the consumer under

3 this title;

4 ‘‘(C) a list of all Federal agencies respon5 sible for enforcing any provision of this title

6 and the address and any appropriate phone

7 number of each such agency, in a form that will

8 assist the consumer in selecting the appropriate

9 agency;

10 ‘‘(D) a statement that the consumer may

11 have additional rights under State law and that

12 the consumer may wish to contact a State or

13 local consumer protection agency or a State at14 torney general to learn of those rights; and

15 ‘‘(E) a statement that a consumer report16 ing agency is not required to remove accurate

17 derogatory information from a consumer’s file,

18 unless the information is outdated under sec19 tion 605 or cannot be verified.

20 ‘‘(3) FORM OF SUMMARY OF RIGHTS.—For pur21 poses of this subsection and any disclosure by a

22 consumer reporting agency required under this title

23 with respect to consumers’ rights, the Federal Trade

24 Commission (after consultation with each Federal

25 agency referred to in section 621(b)) shall prescribe
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1 the form and content of any such disclosure of the

2 rights of consumers required under this title. A

3 consumer reporting agency shall be in compliance

4 with this subsection if it provides disclosures under

5 paragraph (1) that are substantially similar to the

6 Federal Trade Commission prescription under this

7 paragraph.

8 ‘‘(4) EFFECTIVENESS.—No disclosures shall be

9 required under this subsection until the date on

10 which the Federal Trade Commission prescribes the

11 form and content of such disclosures under para12 graph (3).’’.

13 (2) TECHNICAL AMENDMENT.—Section

14 606(a)(1)(B) of the Fair Credit Reporting Act (15

15 U.S.C. 1681d(a)(1)(B)) is amended by inserting

16 ‘‘and the written summary of the rights of the

17 consumer prepared pursuant to section 609(c)’’ be18 fore the semicolon.

19 (e) FORM OF DISCLOSURES.—

20 (1) IN GENERAL.—Subsections (a) and (b) of

21 section 610 of the Fair Credit Reporting Act (15

22 U.S.C. 1681h) are amended to read as follows:

23 ‘‘(a) IN GENERAL.—

24 ‘‘(1) PROPER IDENTIFICATION.—A consumer

25 reporting agency shall require, as a condition of
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1 making the disclosures required under section 609,

2 that the consumer furnish proper identification.

3 ‘‘(2) DISCLOSURE IN WRITING.—Except as pro4 vided in subsection (b), the disclosures required to

5 be made under section 609 shall be provided under

6 that section in writing.

7 ‘‘(b) OTHER FORMS OF DISCLOSURE.—

8 ‘‘(1) IN GENERAL.—If authorized by a

9 consumer, a consumer reporting agency may make

10 the disclosures required under 609—

11 ‘‘(A) other than in writing; and

12 ‘‘(B) in such form as may be—

13 ‘‘(i) specified by the consumer in ac14 cordance with paragraph (2); and

15 ‘‘(ii) available from the agency.

16 ‘‘(2) FORM.—A consumer may specify pursuant

17 to paragraph (1) that disclosures under section 609

18 shall be made—

19 ‘‘(A) in person, upon the appearance of the

20 consumer at the place of business of the

21 consumer reporting agency where disclosures

22 are regularly provided, during normal business

23 hours, and on reasonable notice;
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1 ‘‘(B) by telephone, if the consumer has

2 made a written request for disclosure by tele3 phone;

4 ‘‘(C) by electronic means, if available from

5 the agency; or

6 ‘‘(D) by any other reasonable means that

7 is available from the agency.’’.

8 (2) SIMPLIFIED DISCLOSURE.—Not later than

9 90 days after the date of enactment of this Act, each

10 consumer reporting agency shall develop a form on

11 which such consumer reporting agency shall make

12 the disclosures required under section 609(a) of the

13 Fair Credit Reporting Act, for the purpose of maxi14 mizing the comprehensibility and standardization of

15 such disclosures.

16 (3) GOALS.—The Federal Trade Commission

17 shall take appropriate action to assure that the goals

18 of comprehensibility and standardization are

19 achieved in accordance with paragraph (2).

20 (4) DEFAMATION.—Section 610(e) of the Fair

21 Credit Reporting Act (15 U.S.C. 1681h(e)) is

22 amended by inserting ‘‘or based on information dis23 closed by a user of a consumer report to or for a

24 consumer against whom the user has taken adverse
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1 action, based in whole or in part on the report’’ be2 fore ‘‘except’’.

3 (5) CONFORMING AMENDMENTS.—The Fair

4 Credit Reporting Act (15 U.S.C. 1681 et seq.) is

5 amended—

6 (A) in section 609(a), in the matter pre7 ceding paragraph (1), by striking ‘‘and proper

8 identification of any consumer’’ and inserting ‘‘,

9 and subject to section 610(a)(1)’’;

10 (B) in section 610, in the section heading,

11 by inserting ‘‘AND FORM’’ after ‘‘CONDI12 TIONS’’; and

13 (C) in the table of sections at the begin14 ning of that Act, in the item relating to section

15 610, by inserting ‘‘and form’’ after ‘‘condi16 tions’’.

17 SEC. 2409. PROCEDURES IN CASE OF THE DISPUTED ACCU18 RACY OF ANY INFORMATION IN A CONSUM19 ER’S FILE.

20 (a) IN GENERAL.—Section 611(a) of the Fair Credit

21 Reporting Act (15 U.S.C. 1681i(a)) is amended to read

22 as follows:

23 ‘‘(a) REINVESTIGATIONS OF DISPUTED INFORMA24 TION.—

25 ‘‘(1) REINVESTIGATION REQUIRED.—
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1 ‘‘(A) IN GENERAL.—If the completeness or

2 accuracy of any item of information contained

3 in a consumer’s file at a consumer reporting

4 agency is disputed by the consumer and the

5 consumer notifies the agency directly of such

6 dispute, the agency shall reinvestigate free of

7 charge and record the current status of the dis8 puted information, or delete the item from the

9 file in accordance with paragraph (5), before

10 the end of the 30-day period beginning on the

11 date on which the agency receives the notice of

12 the dispute from the consumer.

13 ‘‘(B) EXTENSION OF PERIOD TO REINVES14 TIGATE.—Except as provided in subparagraph

15 (C), the 30-day period described in subpara16 graph (A) may be extended for not more than

17 15 additional days if the consumer reporting

18 agency receives information from the consumer

19 during that 30-day period that is relevant to

20 the reinvestigation.

21 ‘‘(C) LIMITATIONS ON EXTENSION OF PE22 RIOD TO REINVESTIGATE.—Subparagraph (B)

23 shall not apply to any reinvestigation in which,

24 during the 30-day period described in subpara25 graph (A), the information that is the subject
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1 of the reinvestigation is found to be inaccurate

2 or incomplete or the consumer reporting agency

3 determines that the information cannot be veri4 fied.

5 ‘‘(2) PROMPT NOTICE OF DISPUTE TO FUR6 NISHER OF INFORMATION.—

7 ‘‘(A) IN GENERAL.—Before the expiration

8 of the 5-business-day period beginning on the

9 date on which a consumer reporting agency re10 ceives notice of a dispute from any consumer in

11 accordance with paragraph (1), the agency shall

12 provide notification of the dispute to any person

13 who provided any item of information in dis14 pute, at the address and in the manner estab15 lished with the person. The notice shall include

16 all relevant information regarding the dispute

17 that the agency has received from the

18 consumer.

19 ‘‘(B) PROVISION OF OTHER INFORMATION

20 FROM CONSUMER.—The consumer reporting

21 agency shall promptly provide to the person

22 who provided the information in dispute all rel23 evant information regarding the dispute that is

24 received by the agency from the consumer after

25 the period referred to in subparagraph (A) and
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1 before the end of the period referred to in para2 graph (1)(A).

3 ‘‘(3) DETERMINATION THAT DISPUTE IS FRIVO4 LOUS OR IRRELEVANT.—

5 ‘‘(A) IN GENERAL.—Notwithstanding para6 graph (1), a consumer reporting agency may

7 terminate a reinvestigation of information dis8 puted by a consumer under that paragraph if

9 the agency reasonably determines that the dis10 pute by the consumer is frivolous or irrelevant,

11 including by reason of a failure by a consumer

12 to provide sufficient information to investigate

13 the disputed information.

14 ‘‘(B) NOTICE OF DETERMINATION.—Upon

15 making any determination in accordance with

16 subparagraph (A) that a dispute is frivolous or

17 irrelevant, a consumer reporting agency shall

18 notify the consumer of such determination not

19 later than 5 business days after making such

20 determination, by mail or, if authorized by the

21 consumer for that purpose, by any other means

22 available to the agency.

23 ‘‘(C) CONTENTS OF NOTICE.—A notice

24 under subparagraph (B) shall include—
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1 ‘‘(i) the reasons for the determination

2 under subparagraph (A); and

3 ‘‘(ii) identification of any information

4 required to investigate the disputed infor5 mation, which may consist of a standard6 ized form describing the general nature of

7 such information.

8 ‘‘(4) CONSIDERATION OF CONSUMER INFORMA9 TION.—In conducting any reinvestigation under

10 paragraph (1) with respect to disputed information

11 in the file of any consumer, the consumer reporting

12 agency shall review and consider all relevant infor13 mation submitted by the consumer in the period de14 scribed in paragraph (1)(A) with respect to such dis15 puted information.

16 ‘‘(5) TREATMENT OF INACCURATE OR UNVERI17 FIABLE INFORMATION.—

18 ‘‘(A) IN GENERAL.—If, after any reinves19 tigation under paragraph (1) of any informa20 tion disputed by a consumer, an item of the in21 formation is found to be inaccurate or incom22 plete or cannot be verified, the consumer re23 porting agency shall promptly delete that item

24 of information from the consumer’s file or mod-
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1 ify that item of information, as appropriate,

2 based on the results of the reinvestigation.

3 ‘‘(B) REQUIREMENTS RELATING TO RE4 INSERTION OF PREVIOUSLY DELETED MATE5 RIAL.—

6 ‘‘(i) CERTIFICATION OF ACCURACY OF

7 INFORMATION.—If any information is de8 leted from a consumer’s file pursuant to

9 subparagraph (A), the information may

10 not be reinserted in the file by the

11 consumer reporting agency unless the per12 son who furnishes the information certifies

13 that the information is complete and accu14 rate.

15 ‘‘(ii) NOTICE TO CONSUMER.—If any

16 information that has been deleted from a

17 consumer’s file pursuant to subparagraph

18 (A) is reinserted in the file, the consumer

19 reporting agency shall notify the consumer

20 of the reinsertion in writing not later than

21 5 business days after the reinsertion or, if

22 authorized by the consumer for that pur23 pose, by any other means available to the

24 agency.
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1 ‘‘(iii) ADDITIONAL INFORMATION.—As

2 part of, or in addition to, the notice under

3 clause (ii), a consumer reporting agency

4 shall provide to a consumer in writing not

5 later than 5 business days after the date of

6 the reinsertion—

7 ‘‘(I) a statement that the dis8 puted information has been re9 inserted;

10 ‘‘(II) the business name and ad11 dress of any furnisher of information

12 contacted and the telephone number

13 of such furnisher, if reasonably avail14 able, or of any furnisher of informa15 tion that contacted the consumer re16 porting agency, in connection with the

17 reinsertion of such information; and

18 ‘‘(III) a notice that the consumer

19 has the right to add a statement to

20 the consumer’s file disputing the accu21 racy or completeness of the disputed

22 information.

23 ‘‘(C) PROCEDURES TO PREVENT RE24 APPEARANCE.—A consumer reporting agency

25 shall maintain reasonable procedures designed
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1 to prevent the reappearance in a consumer’s

2 file, and in consumer reports on the consumer,

3 of information that is deleted pursuant to this

4 paragraph (other than information that is re5 inserted in accordance with subparagraph

6 (B)(i)).

7 ‘‘(D) AUTOMATED REINVESTIGATION SYS8 TEM.—Any consumer reporting agency that

9 compiles and maintains files on consumers on a

10 nationwide basis shall implement an automated

11 system through which furnishers of information

12 to that consumer reporting agency may report

13 the results of a reinvestigation that finds in14 complete or inaccurate information in a con15 sumer’s file to other such consumer reporting

16 agencies.

17 ‘‘(6) NOTICE OF RESULTS OF REINVESTIGA18 TION.—

19 ‘‘(A) IN GENERAL.—A consumer reporting

20 agency shall provide written notice to a

21 consumer of the results of a reinvestigation

22 under this subsection not later than 5 business

23 days after the completion of the reinvestigation,

24 by mail or, if authorized by the consumer for
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1 that purpose, by other means available to the

2 agency.

3 ‘‘(B) CONTENTS.—As part of, or in addi4 tion to, the notice under subparagraph (A), a

5 consumer reporting agency shall provide to a

6 consumer in writing before the expiration of the

7 5-day period referred to in subparagraph (A)—

8 ‘‘(i) a statement that the reinvestiga9 tion is completed;

10 ‘‘(ii) a consumer report that is based

11 upon the consumer’s file as that file is re12 vised as a result of the reinvestigation;

13 ‘‘(iii) a notice that, if requested by the

14 consumer, a description of the procedure

15 used to determine the accuracy and com16 pleteness of the information shall be pro17 vided to the consumer by the agency, in18 cluding the business name and address of

19 any furnisher of information contacted in

20 connection with such information and the

21 telephone number of such furnisher, if rea22 sonably available;

23 ‘‘(iv) a notice that the consumer has

24 the right to add a statement to the con-
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1 sumer’s file disputing the accuracy or com2 pleteness of the information; and

3 ‘‘(v) a notice that the consumer has

4 the right to request under subsection (d)

5 that the consumer reporting agency fur6 nish notifications under that subsection.

7 ‘‘(7) DESCRIPTION OF REINVESTIGATION PRO8 CEDURE.—A consumer reporting agency shall pro9 vide to a consumer a description referred to in para10 graph (6)(B)(iv) by not later than 15 days after re11 ceiving a request from the consumer for that de12 scription.

13 ‘‘(8) EXPEDITED DISPUTE RESOLUTION.—If a

14 dispute regarding an item of information in a con15 sumer’s file at a consumer reporting agency is re16 solved in accordance with paragraph (5)(A) by the

17 deletion of the disputed information by not later

18 than 3 business days after the date on which the

19 agency receives notice of the dispute from the

20 consumer in accordance with paragraph (1)(A), then

21 the agency shall not be required to comply with

22 paragraphs (2), (6), and (7) with respect to that dis23 pute if the agency—

24 ‘‘(A) provides prompt notice of the deletion

25 to the consumer by telephone;
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1 ‘‘(B) includes in that notice, or in a writ2 ten notice that accompanies a confirmation and

3 consumer report provided in accordance with

4 subparagraph (C), a statement of the consum5 er’s right to request under subsection (d) that

6 the agency furnish notifications under that sub7 section; and

8 ‘‘(C) provides written confirmation of the

9 deletion and a copy of a consumer report on the

10 consumer that is based on the consumer’s file

11 after the deletion, not later than 5 business

12 days after making the deletion.’’.

13 (b) CONFORMING AMENDMENT.—Section 611(d) of

14 the Fair Credit Reporting Act (15 U.S.C. 1681i(d)) is

15 amended by striking ‘‘The consumer reporting agency

16 shall clearly’’ and all that follows through the end of the

17 subsection.

18 SEC. 2410. CHARGES FOR CERTAIN DISCLOSURES.

19 Section 612 of the Fair Credit Reporting Act (15

20 U.S.C. 1681j) is amended to read as follows:

21 ‘‘SEC. 612. CHARGES FOR CERTAIN DISCLOSURES.

22 ‘‘(a) REASONABLE CHARGES ALLOWED FOR CER23 TAIN DISCLOSURES.—

24 ‘‘(1) IN GENERAL.—Except as provided in sub25 sections (b), (c), and (d), a consumer reporting
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1 agency may impose a reasonable charge on a

2 consumer—

3 ‘‘(A) for making a disclosure to the

4 consumer pursuant to section 609, which

5 charge—

6 ‘‘(i) shall not exceed $8; and

7 ‘‘(ii) shall be indicated to the

8 consumer before making the disclosure;

9 and

10 ‘‘(B) for furnishing, pursuant to section

11 611(d), following a reinvestigation under sec12 tion 611(a), a statement, codification, or sum13 mary to a person designated by the consumer

14 under that section after the 30-day period be15 ginning on the date of notification of the

16 consumer under paragraph (6) or (8) of section

17 611(a) with respect to the reinvestigation,

18 which charge—

19 ‘‘(i) shall not exceed the charge that

20 the agency would impose on each des21 ignated recipient for a consumer report;

22 and

23 ‘‘(ii) shall be indicated to the

24 consumer before furnishing such informa25 tion.
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1 ‘‘(2) MODIFICATION OF AMOUNT.—The Federal

2 Trade Commission shall increase the amount re3 ferred to in paragraph (1)(A)(i) on January 1 of

4 each year, based proportionally on changes in the

5 Consumer Price Index, with fractional changes

6 rounded to the nearest fifty cents.

7 ‘‘(b) FREE DISCLOSURE AFTER ADVERSE NOTICE

8 TO CONSUMER.—Each consumer reporting agency that

9 maintains a file on a consumer shall make all disclosures

10 pursuant to section 609 without charge to the consumer

11 if, not later than 60 days after receipt by such consumer

12 of a notification pursuant to section 615, or of a notifica13 tion from a debt collection agency affiliated with that

14 consumer reporting agency stating that the consumer’s

15 credit rating may be or has been adversely affected, the

16 consumer makes a request under section 609.

17 ‘‘(c) FREE DISCLOSURE UNDER CERTAIN OTHER

18 CIRCUMSTANCES.—Upon the request of the consumer, a

19 consumer reporting agency shall make all disclosures pur20 suant to section 609 once during any 12-month period

21 without charge to that consumer if the consumer certifies

22 in writing that the consumer—

23 ‘‘(1) is unemployed and intends to apply for

24 employment in the 60-day period beginning on the

25 date on which the certification is made;
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1 ‘‘(2) is a recipient of public welfare assistance;

2 or

3 ‘‘(3) has reason to believe that the file on the

4 consumer at the agency contains inaccurate informa5 tion due to fraud.

6 ‘‘(d) OTHER CHARGES PROHIBITED.—A consumer

7 reporting agency shall not impose any charge on a

8 consumer for providing any notification required by this

9 title or making any disclosure required by this title, except

10 as authorized by subsection (a).’’.

11 SEC. 2411. DUTIES OF USERS OF CONSUMER REPORTS.

12 (a) DUTIES OF USERS TAKING ADVERSE ACTIONS.—

13 Section 615(a) of the Fair Credit Reporting Act (15

14 U.S.C. 1681m(a)) is amended to read as follows:

15 ‘‘(a) DUTIES OF USERS TAKING ADVERSE ACTIONS

16 ON THE BASIS OF INFORMATION CONTAINED IN

17 CONSUMER REPORTS.—If any person takes any adverse

18 action with respect to any consumer that is based in whole

19 or in part on any information contained in a consumer

20 report, the person shall—

21 ‘‘(1) provide oral, written, or electronic notice of

22 the adverse action to the consumer;

23 ‘‘(2) provide to the consumer orally, in writing,

24 or electronically—
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1 ‘‘(A) the name, address, and telephone

2 number of the consumer reporting agency (in3 cluding a toll-free telephone number established

4 by the agency if the agency compiles and main5 tains files on consumers on a nationwide basis)

6 that furnished the report to the person; and

7 ‘‘(B) a statement that the consumer re8 porting agency did not make the decision to

9 take the adverse action and is unable to provide

10 the consumer the specific reasons why the ad11 verse action was taken; and

12 ‘‘(3) provide to the consumer an oral, written,

13 or electronic notice of the consumer’s right—

14 ‘‘(A) to obtain, under section 612, a free

15 copy of a consumer report on the consumer

16 from the consumer reporting agency referred to

17 in paragraph (2), which notice shall include an

18 indication of the 60-day period under that sec19 tion for obtaining such a copy; and

20 ‘‘(B) to dispute, under section 611, with a

21 consumer reporting agency the accuracy or

22 completeness of any information in a consumer

23 report furnished by the agency.’’.

24 (b) DUTIES OF USERS MAKING CERTAIN CREDIT SO25 LICITATIONS.—Section 615 of the Fair Credit Reporting
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1 Act (15 U.S.C. 1681m) is amended by adding at the end

2 the following new subsection:

3 ‘‘(d) DUTIES OF USERS MAKING WRITTEN CREDIT

4 OR INSURANCE SOLICITATIONS ON THE BASIS OF INFOR5 MATION CONTAINED IN CONSUMER FILES.—

6 ‘‘(1) IN GENERAL.—Any person who uses a

7 consumer report on any consumer in connection with

8 any credit or insurance transaction that is not initi9 ated by the consumer, that is provided to that per10 son under section 604(c)(1)(B), shall provide with

11 each written solicitation made to the consumer re12 garding the transaction a clear and conspicuous

13 statement that—

14 ‘‘(A) information contained in the consum15 er’s consumer report was used in connection

16 with the transaction;

17 ‘‘(B) the consumer received the offer of

18 credit or insurance because the consumer satis19 fied the criteria for credit worthiness or insur20 ability under which the consumer was selected

21 for the offer;

22 ‘‘(C) if applicable, the credit or insurance

23 may not be extended if, after the consumer re24 sponds to the offer, the consumer does not meet

25 the criteria used to select the consumer for the
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1 offer or any applicable criteria bearing on credit

2 worthiness or insurability or does not furnish

3 any required collateral;

4 ‘‘(D) the consumer has a right to prohibit

5 information contained in the consumer’s file

6 with any consumer reporting agency from being

7 used in connection with any credit or insurance

8 transaction that is not initiated by the

9 consumer; and

10 ‘‘(E) the consumer may exercise the right

11 referred to in subparagraph (D) by notifying a

12 notification system established under section

13 604(e).

14 ‘‘(2) DISCLOSURE OF ADDRESS AND TELE15 PHONE NUMBER.—A statement under paragraph (1)

16 shall include the address and toll-free telephone

17 number of the appropriate notification system estab18 lished under section 604(e).

19 ‘‘(3) MAINTAINING CRITERIA ON FILE.—A per20 son who makes an offer of credit or insurance to a

21 consumer under a credit or insurance transaction

22 described in paragraph (1) shall maintain on file the

23 criteria used to select the consumer to receive the

24 offer, all criteria bearing on credit worthiness or in25 surability, as applicable, that are the basis for deter-
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1 mining whether or not to extend credit or insurance

2 pursuant to the offer, and any requirement for the

3 furnishing of collateral as a condition of the exten4 sion of credit or insurance, until the expiration of

5 the 3-year period beginning on the date on which the

6 offer is made to the consumer.

7 ‘‘(4) AUTHORITY OF FEDERAL AGENCIES RE8 GARDING UNFAIR OR DECEPTIVE ACTS OR PRAC9 TICES NOT AFFECTED.—This section is not intended

10 to affect the authority of any Federal or State agen11 cy to enforce a prohibition against unfair or decep12 tive acts or practices, including the making of false

13 or misleading statements in connection with a credit

14 or insurance transaction that is not initiated by the

15 consumer.’’.

16 (c) DUTIES OF USERS MAKING OTHER SOLICITA17 TIONS.—Section 615 of the Fair Credit Reporting Act (15

18 U.S.C. 1681m) is amended by adding at the end the fol19 lowing new subsection:

20 ‘‘(e)

21 (d) CONFORMING AMENDMENT.—Section 615(c) of

22 the Fair Credit Reporting Act (15 U.S.C. 1681m(c)) is

23 amended by striking ‘‘subsections (a) and (b)’’ and insert24 ing ‘‘this section’’.
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1 (e) DUTIES OF PERSON TAKING CERTAIN ACTIONS

2 BASED ON INFORMATION PROVIDED BY AFFILIATE.—

3 Section 615(b) of the Fair Credit Reporting Act (15

4 U.S.C. 1681m(b)) is amended—

5 (1) by striking ‘‘(b) Whenever credit’’ and in6 serting the following:

7 ‘‘(b) ADVERSE ACTION BASED ON INFORMATION OB8 TAINED FROM THIRD PARTIES OTHER THAN CONSUMER

9 REPORTING AGENCIES.—

10 ‘‘(1) IN GENERAL.—Whenever credit’’;

11 (2) by adding at the end the following new

12 paragraph:

13 ‘‘(2) DUTIES OF PERSON TAKING CERTAIN AC14 TIONS BASED ON INFORMATION PROVIDED BY AF15 FILIATE.—

16 ‘‘(A) DUTIES, GENERALLY.—If a person

17 takes an action described in subparagraph (B)

18 with respect to a consumer, based in whole or

19 in part on information described in subpara20 graph (C), the person shall—

21 ‘‘(i) notify the consumer of the action,

22 including a statement that the consumer

23 may obtain the information in accordance

24 with clause (ii); and
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1 ‘‘(ii) upon a written request from the

2 consumer received within 60 days after

3 transmittal of the notice required by clause

4 (i), disclose to the consumer the nature of

5 the information upon which the action is

6 based by not later than 30 days after re7 ceipt of the request.

8 ‘‘(B) ACTION DESCRIBED.—An action re9 ferred to in subparagraph (A) is an adverse ac10 tion described in section 603(k)(1)(A), taken in

11 connection with a transaction initiated by the

12 consumer, or any adverse action described in

13 clause (i) or (ii) of section 603(k)(1)(B).

14 ‘‘(C) INFORMATION DESCRIBED.—Informa15 tion referred to in subparagraph (A)—

16 ‘‘(i) except as provided in clause (ii),

17 is information that—

18 ‘‘(I) is furnished to the person

19 taking the action by a person related

20 by common ownership or affiliated by

21 common corporate control to the per22 son taking the action; and

23 ‘‘(II) bears on the credit worthi24 ness, credit standing, credit capacity,

25 character, general reputation, per-
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1 sonal characteristics, or mode of living

2 of the consumer; and

3 ‘‘(ii) does not include—

4 ‘‘(I) information solely as to

5 transactions or experiences between

6 the consumer and the person furnish7 ing the information; or

8 ‘‘(II) information in a consumer

9 report.’’.

10 SEC. 2412. CIVIL LIABILITY.

11 (a) CIVIL LIABILITY FOR WILLFUL NONCOMPLI12 ANCE.—Section 616 of the Fair Credit Reporting Act (15

13 U.S.C. 1681n) is amended by striking ‘‘Any consumer re14 porting agency or user of information which’’ and insert15 ing ‘‘(a) IN GENERAL.—Any person who’’.

16 (b) MINIMUM CIVIL LIABILITY FOR WILLFUL NON17 COMPLIANCE.—Section 616(a)(1) of the Fair Credit Re18 porting Act (15 U.S.C. 1681n(1)), as so designated by

19 subsection (a) of this section, is amended to read as fol20 lows:

21 ‘‘(1)(A) any actual damages sustained by the

22 consumer as a result of the failure or damages of

23 not less than $100 and not more than $1,000; or

24 ‘‘(B) in the case of liability of a natural person

25 for obtaining a consumer report under false pre-
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1 tenses or knowingly without a permissible purpose,

2 actual damages sustained by the consumer as a re3 sult of the failure or $1,000, whichever is greater;’’.

4 (c) CIVIL LIABILITY FOR KNOWING NONCOMPLI5 ANCE.—Section 616 of the Fair Credit Reporting Act (15

6 U.S.C. 1681n) is amended by adding at the end the follow7 ing new subsection:

8 ‘‘(b) CIVIL LIABILITY FOR KNOWING NONCOMPLI9 ANCE.—Any person who obtains a consumer report from

10 a consumer reporting agency under false pretenses or

11 knowingly without a permissible purpose shall be liable to

12 the consumer reporting agency for actual damages sus13 tained by the consumer reporting agency or $1,000,

14 whichever is greater.’’.

15 (d) CIVIL LIABILITY FOR NEGLIGENT NONCOMPLI16 ANCE.—Section 617 of the Fair Credit Reporting Act (15

17 U.S.C. 1681o) is amended by striking ‘‘Any consumer re18 porting agency or user of information which’’ and insert19 ing ‘‘(a) IN GENERAL.—Any person who’’.

20 (e) ATTORNEY’S FEES.—

21 (1) WILLFUL NONCOMPLIANCE.—Section 616

22 of the Fair Credit Reporting Act (15 U.S.C. 1681n)

23 is amended by adding at the end the following new

24 subsection:
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1 ‘‘(c) ATTORNEY’S FEES.—Upon a finding by the

2 court that an unsuccessful pleading, motion, or other

3 paper filed in connection with an action under this section

4 was filed in bad faith or for purposes of harassment, the

5 court shall award to the prevailing party attorney’s fees

6 reasonable in relation to the work expended in responding

7 to the pleading, motion, or other paper.’’.

8 (2) NEGLIGENT NONCOMPLIANCE.—Section

9 617 of the Fair Credit Reporting Act (15 U.S.C.

10 1681o) is amended by adding at the end the follow11 ing new subsection:

12 ‘‘(b) ATTORNEY’S FEES.—On a finding by the court

13 that an unsuccessful pleading, motion, or other paper filed

14 in connection with an action under this section was filed

15 in bad faith or for purposes of harassment, the court shall

16 award to the prevailing party attorney’s fees reasonable

17 in relation to the work expended in responding to the

18 pleading, motion, or other paper.’’.

19 SEC. 2413. RESPONSIBILITIES OF PERSONS WHO FURNISH

20 INFORMATION TO CONSUMER REPORTING

21 AGENCIES.

22 (a) IN GENERAL.—The Fair Credit Reporting Act

23 (15 U.S.C. 1681 et seq.) is amended—

24 (1) by redesignating section 623 as section 624;

25 and
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1 (2) by inserting after section 622 the following:

2 ‘‘SEC. 623. RESPONSIBILITIES OF FURNISHERS OF INFOR3 MATION TO CONSUMER REPORTING AGEN4 CIES.

5 ‘‘(a) DUTY OF FURNISHERS OF INFORMATION TO

6 PROVIDE ACCURATE INFORMATION.—

7 ‘‘(1) PROHIBITION.—

8 ‘‘(A) REPORTING INFORMATION WITH AC9 TUAL KNOWLEDGE OF ERRORS.—A person shall

10 not furnish any information relating to a

11 consumer to any consumer reporting agency if

12 the person knows or consciously avoids knowing

13 that the information is inaccurate.

14 ‘‘(B) REPORTING INFORMATION AFTER

15 NOTICE AND CONFIRMATION OF ERRORS.—A

16 person shall not furnish information relating to

17 a consumer to any consumer reporting agency

18 if—

19 ‘‘(i) the person has been notified by

20 the consumer, at the address specified by

21 the person for such notices, that specific

22 information is inaccurate; and

23 ‘‘(ii) the information is, in fact, inac24 curate.
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1 ‘‘(C) NO ADDRESS REQUIREMENT.—A per2 son who clearly and conspicuously specifies to

3 the consumer an address for notices referred to

4 in subparagraph (B) shall not be subject to

5 subparagraph (A); however, nothing in subpara6 graph (B) shall require a person to specify such

7 an address.

8 ‘‘(2) DUTY TO CORRECT AND UPDATE INFOR9 MATION.—A person who—

10 ‘‘(A) regularly and in the ordinary course

11 of business furnishes information to one or

12 more consumer reporting agencies about the

13 person’s transactions or experiences with any

14 consumer; and

15 ‘‘(B) has furnished to a consumer report16 ing agency information that the person deter17 mines is not complete or accurate,

18 shall promptly notify the consumer reporting agency

19 of that determination and provide to the agency any

20 corrections to that information, or any additional in21 formation, that is necessary to make the information

22 provided by the person to the agency complete and

23 accurate, and shall not thereafter furnish to the

24 agency any of the information that remains not com25 plete or accurate.
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1 ‘‘(3) DUTY TO PROVIDE NOTICE OF DISPUTE.—

2 If the completeness or accuracy of any information

3 furnished by any person to any consumer reporting

4 agency is disputed to such person by a consumer,

5 the person may not furnish the information to any

6 consumer reporting agency without notice that such

7 information is disputed by the consumer.

8 ‘‘(4) DUTY TO PROVIDE NOTICE OF CLOSED AC9 COUNTS.—A person who regularly and in the ordi10 nary course of business furnishes information to a

11 consumer reporting agency regarding a consumer

12 who has a credit account with that person shall no13 tify the agency of the voluntary closure of the ac14 count by the consumer, in information regularly fur15 nished for the period in which the account is closed.

16 ‘‘(5) DUTY TO PROVIDE NOTICE OF DELIN17 QUENCY OF ACCOUNTS.—A person who furnishes in18 formation to a consumer reporting agency regarding

19 a delinquent account being placed for collection,

20 charged to profit or loss, or subjected to any similar

21 action shall, not later than 90 days after furnishing

22 the information, notify the agency of the month and

23 year of the commencement of the delinquency that

24 immediately preceded the action.
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1 ‘‘(b) DUTIES OF FURNISHERS OF INFORMATION

2 UPON NOTICE OF DISPUTE.—

3 ‘‘(1) IN GENERAL.—After receiving notice pur4 suant to section 611(a)(2) of a dispute with regard

5 to the completeness or accuracy of any information

6 provided by a person to a consumer reporting agen7 cy, the person shall—

8 ‘‘(A) conduct an investigation with respect

9 to the disputed information;

10 ‘‘(B) review all relevant information pro11 vided by the consumer reporting agency pursu12 ant to section 611(a)(2);

13 ‘‘(C) report the results of the investigation

14 to the consumer reporting agency; and

15 ‘‘(D) if the investigation finds that the in16 formation is incomplete or inaccurate, report

17 those results to all other consumer reporting

18 agencies to which the person furnished the in19 formation and that compile and maintain files

20 on consumers on a nationwide basis.

21 ‘‘(2) DEADLINE.—A person shall complete all

22 investigations, reviews, and reports required under

23 paragraph (1) regarding information provided by the

24 person to a consumer reporting agency, before the

25 expiration of the period under section 611(a)(1)
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1 within which the consumer reporting agency is re2 quired to complete actions required by that section

3 regarding that information.

4 ‘‘(c) LIMITATION ON LIABILITY.—Sections 616 and

5 617 do not apply to any failure to comply with subsection

6 (a), except as provided in section 621(c)(1)(B).

7 ‘‘(d) LIMITATION ON ENFORCEMENT.—Subsection

8 (a) shall be enforced exclusively under section 621 by the

9 Federal agencies and officials and the State officials iden10 tified in that section.’’.

11 (b) CONFORMING AMENDMENT.—The table of sec12 tions at the beginning of the Fair Credit Reporting Act

13 (15 U.S.C. 1681a et seq.) is amended by striking the item

14 relating to section 623 and inserting the following:

‘‘623. Responsibilities of furnishers of information to consumer reporting agencies.

‘‘624. Relation to State laws.’’.

15 SEC. 2414. INVESTIGATIVE CONSUMER REPORTS.

16 Section 606 of the Fair Credit Reporting Act (15

17 U.S.C. 1681d) is amended—

18 (1) in subsection (a)(1), by striking ‘‘or’’ at the

19 end and inserting ‘‘and’’;

20 (2) by striking subsection (a)(2) and inserting

21 the following:

22 ‘‘(2) the person certifies or has certified to the

23 consumer reporting agency that—
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1 ‘‘(A) the person has made the disclosures

2 to the consumer required by paragraph (1); and

3 ‘‘(B) the person will comply with sub4 section (b).’’;

5 (3) in subsection (b), by striking ‘‘shall’’ the

6 second place such term appears; and

7 (4) by adding at the end the following new sub8 section:

9 ‘‘(d) PROHIBITIONS.—

10 ‘‘(1) CERTIFICATION.—A consumer reporting

11 agency shall not prepare or furnish an investigative

12 consumer report unless the agency has received a

13 certification under subsection (a)(2) from the person

14 who requested the report.

15 ‘‘(2) INQUIRIES.—A consumer reporting agency

16 shall not make an inquiry for the purpose of prepar17 ing an investigative consumer report on a consumer

18 for employment purposes if the making of the in19 quiry by an employer or prospective employer of the

20 consumer would violate any applicable Federal or

21 State equal employment opportunity law or regula22 tion.

23 ‘‘(3) CERTAIN PUBLIC RECORD INFORMA24 TION.—Except as otherwise provided in section 613,

25 a consumer reporting agency shall not furnish an in-
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1 vestigative consumer report that includes informa2 tion that is a matter of public record and that re3 lates to an arrest, indictment, conviction, civil judi4 cial action, tax lien, or outstanding judgment, unless

5 the agency has verified the accuracy of the informa6 tion during the 30-day period ending on the date on

7 which the report is furnished.

8 ‘‘(4) CERTAIN ADVERSE INFORMATION.—A

9 consumer reporting agency shall not prepare or fur10 nish an investigative consumer report on a consumer

11 that contains information that is adverse to the in12 terest of the consumer and that is obtained through

13 a personal interview with a neighbor, friend, or asso14 ciate of the consumer or with another person with

15 whom the consumer is acquainted or who has knowl16 edge of such item of information, unless—

17 ‘‘(A) the agency has followed reasonable

18 procedures to obtain confirmation of the infor19 mation, from an additional source that has

20 independent and direct knowledge of the infor21 mation; or

22 ‘‘(B) the person interviewed is the best

23 possible source of the information.’’.
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1 SEC. 2415. INCREASED CRIMINAL PENALTIES FOR OBTAIN2 ING INFORMATION UNDER FALSE PRE3 TENSES.

4 (a) OBTAINING INFORMATION UNDER FALSE PRE5 TENSES.—Section 619 of the Fair Credit Reporting Act

6 (15 U.S.C. 1681q) is amended by striking ‘‘fined not more

7 than $5,000 or imprisoned not more than one year, or

8 both’’ and inserting ‘‘fined under title 18, United States

9 Code, imprisoned for not more than 2 years, or both’’.

10 (b) UNAUTHORIZED DISCLOSURES BY OFFICERS OR

11 EMPLOYEES.—Section 620 of the Fair Credit Reporting

12 Act (15 U.S.C. 1681r) is amended by striking ‘‘fined not

13 more than $5,000 or imprisoned not more than one year,

14 or both’’ and inserting ‘‘fined under title 18, United States

15 Code, imprisoned for not more than 2 years, or both’’.

16 SEC. 2416. ADMINISTRATIVE ENFORCEMENT.

17 (a) AVAILABLE ENFORCEMENT POWERS.—Section

18 621(a) of the Fair Credit Reporting Act (15 U.S.C.

19 1681s(a)) is amended—

20 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’;

21 (2) by adding at the end the following new

22 paragraph:

23 ‘‘(2)(A) In the event of a knowing violation, which

24 constitutes a pattern or practice of violations of this title,

25 the Commission may commence a civil action to recover

26 a civil penalty in a district court of the United States
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1 against any person that violates this title. In such action,

2 such person shall be liable for a civil penalty of not more

3 than $2,500 per violation.

4 ‘‘(B) In determining the amount of a civil penalty

5 under subparagraph (A), the court shall take into account

6 the degree of culpability, any history of prior such con7 duct, ability to pay, effect on ability to continue to do busi8 ness, and such other matters as justice may require.

9 ‘‘(3) Notwithstanding paragraph (2), a court may not

10 impose any civil penalty on a person for a violation of sec11 tion 623(a)(1) unless the person has been enjoined from

12 committing the violation, or ordered not to commit the vio13 lation, in an action or proceeding brought by or on behalf

14 of the Federal Trade Commission, and has violated the

15 injunction or order, and the court may not impose any

16 civil penalty for any violation occurring before the date

17 of the violation of the injunction or order.

18 ‘‘(4) Neither the Commission nor any other agency

19 referred to in subsection (b) may prescribe trade regula20 tion rules or other regulations with respect to this title.’’.

21 (b) AGENCIES RESPONSIBLE FOR ENFORCEMENT.—

22 Section 621 of the Fair Credit Reporting Act (15 U.S.C.

23 1681s) is amended—
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1 (1) in subsection (a), by inserting ‘‘ENFORCE2 MENT BY FEDERAL TRADE COMMISSION.—’’ before

3 ‘‘Compliance with the requirements’’;

4 (2) in subsection (b), by striking the matter

5 preceding paragraph (1) and inserting the following:

6 ‘‘(b) ENFORCEMENT BY OTHER AGENCIES.—Compli7 ance with the requirements imposed under this title with

8 respect to consumer reporting agencies, persons who use

9 consumer reports from such agencies, persons who furnish

10 information to such agencies, and users of information

11 that are subject to subsection (d) or (e) of section 615

12 shall be enforced under—’’; and

13 (3) in subsection (c), by adding at the end the

14 following: ‘‘Notwithstanding the preceding, no agen15 cy referred to in subsection (b) may conduct an ex16 amination of a bank, savings association, or credit

17 union regarding compliance with the provisions of

18 this title, except in response to a complaint (or if the

19 agency otherwise has knowledge) that the bank, sav20 ings association, or credit union has violated a provi21 sion of this title, in which case, the agency may con22 duct an examination as necessary to investigate the

23 complaint. If an agency determines during an inves24 tigation in response to a complaint that a violation

25 of this title has occurred, the agency may, during its
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1 next 2 regularly scheduled examinations of the bank,

2 savings association, or credit union, examine for

3 compliance with this title.’’.

4 SEC. 2417. STATE ENFORCEMENT OF FAIR CREDIT REPORT5 ING ACT.

6 Section 621 of the Fair Credit Reporting Act (15

7 U.S.C. 1681s) is amended—

8 (1) by redesignating subsection (c) as sub9 section (d); and

10 (2) by inserting after subsection (b) the follow11 ing new subsection:

12 ‘‘(c) STATE ACTION FOR VIOLATIONS.—

13 ‘‘(1) AUTHORITY OF STATES.—In addition to

14 such other remedies as are provided under State

15 law, if the chief law enforcement officer of a State,

16 or an official or agency designated by a State, has

17 reason to believe that any person has violated or is

18 violating this title, the State—

19 ‘‘(A) may bring an action to enjoin such

20 violation in any appropriate United States dis21 trict court or in any other court of competent

22 jurisdiction;

23 ‘‘(B) subject to paragraph (5), may bring

24 an action on behalf of the residents of the State

25 to recover—
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1 ‘‘(i) damages for which the person is

2 liable to such residents under sections 616

3 and 617 as a result of the violation;

4 ‘‘(ii) in the case of a violation of sec5 tion 623(a), damages for which the person

6 would, but for section 623(c), be liable to

7 such residents as a result of the violation;

8 or

9 ‘‘(iii) damages of not more than

10 $1,000 for each willful or negligent viola11 tion; and

12 ‘‘(C) in the case of any successful action

13 under subparagraph (A) or (B), shall be award14 ed the costs of the action and reasonable attor15 ney fees as determined by the court.

16 ‘‘(2) RIGHTS OF FEDERAL REGULATORS.—The

17 State shall serve prior written notice of any action

18 under paragraph (1) upon the Federal Trade Com19 mission or the appropriate Federal regulator deter20 mined under subsection (b) and provide the Commis21 sion or appropriate Federal regulator with a copy of

22 its complaint, except in any case in which such prior

23 notice is not feasible, in which case the State shall

24 serve such notice immediately upon instituting such
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1 action. The Federal Trade Commission or appro2 priate Federal regulator shall have the right—

3 ‘‘(A) to intervene in the action;

4 ‘‘(B) upon so intervening, to be heard on

5 all matters arising therein;

6 ‘‘(C) to remove the action to the appro7 priate United States district court; and

8 ‘‘(D) to file petitions for appeal.

9 ‘‘(3) INVESTIGATORY POWERS.—For purposes

10 of bringing any action under this subsection, nothing

11 in this subsection shall prevent the chief law enforce12 ment officer, or an official or agency designated by

13 a State, from exercising the powers conferred on the

14 chief law enforcement officer or such official by the

15 laws of such State to conduct investigations or to

16 administer oaths or affirmations or to compel the at17 tendance of witnesses or the production of documen18 tary and other evidence.

19 ‘‘(4) LIMITATION ON STATE ACTION WHILE

20 FEDERAL ACTION PENDING.—If the Federal Trade

21 Commission or the appropriate Federal regulator

22 has instituted a civil action or an administrative ac23 tion under section 8 of the Federal Deposit Insur24 ance Act for a violation of this title, no State may,

25 during the pendency of such action, bring an action
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1 under this section against any defendant named in

2 the complaint of the Commission or the appropriate

3 Federal regulator for any violation of this title that

4 is alleged in that complaint.

5 ‘‘(5) LIMITATIONS ON STATE ACTIONS FOR VIO6 LATION OF SECTION 623(a)(1).—

7 ‘‘(A) VIOLATION OF INJUNCTION RE8 QUIRED.—A State may not bring an action

9 against a person under paragraph (1)(B) for a

10 violation of section 623(a)(1), unless—

11 ‘‘(i) the person has been enjoined

12 from committing the violation, in an action

13 brought by the State under paragraph

14 (1)(A); and

15 ‘‘(ii) the person has violated the in16 junction.

17 ‘‘(B) LIMITATION ON DAMAGES RECOVER18 ABLE.—In an action against a person under

19 paragraph (1)(B) for a violation of section

20 623(a)(1), a State may not recover any dam21 ages incurred before the date of the violation of

22 an injunction on which the action is based.’’.
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1 SEC. 2418. FEDERAL RESERVE BOARD AUTHORITY.

2 Section 621 of the Fair Credit Reporting Act (15

3 U.S.C. 1681s) is amended by adding at the end the follow4 ing new subsection:

5 ‘‘(e) INTERPRETIVE AUTHORITY.—The Board of

6 Governors of the Federal Reserve System may issue inter7 pretations of any provision of this title as such provision

8 may apply to any persons identified under paragraph (1),

9 (2), and (3) of subsection (b), or to the holding companies

10 and affiliates of such persons, in consultation with Federal

11 agencies identified in paragraphs (1), (2), and (3) of sub12 section (b).’’.

13 SEC. 2419. PREEMPTION OF STATE LAW.

14 Section 624 of the Fair Credit Reporting Act (as re15 designated by section 2413(a) of this chapter) is amend16 ed—

17 (1) by striking ‘‘This title’’ and inserting ‘‘(a)

18 IN GENERAL.—Except as provided in subsections

19 (b) and (c), this title’’; and

20 (2) by adding at the end the following new sub21 section:

22 ‘‘(b) GENERAL EXCEPTIONS.—No requirement or

23 prohibition may be imposed under the laws of any State—

24 ‘‘(1) with respect to any subject matter regu25 lated under—
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1 ‘‘(A) subsection (c) or (e) of section 604,

2 relating to the prescreening of consumer re3 ports;

4 ‘‘(B) section 611, relating to the time by

5 which a consumer reporting agency must take

6 any action, including the provision of notifica7 tion to a consumer or other person, in any pro8 cedure related to the disputed accuracy of infor9 mation in a consumer’s file, except that this

10 subparagraph shall not apply to any State law

11 in effect on the date of enactment of the

12 Consumer Credit Reporting Reform Act of

13 1996;

14 ‘‘(C) subsections (a) and (b) of section

15 615, relating to the duties of a person who

16 takes any adverse action with respect to a

17 consumer;

18 ‘‘(D) section 615(d), relating to the duties

19 of persons who use a consumer report of a

20 consumer in connection with any credit or in21 surance transaction that is not initiated by the

22 consumer and that consists of a firm offer of

23 credit or insurance;

24 ‘‘(E) section 605, relating to information

25 contained in consumer reports, except that this
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1 subparagraph shall not apply to any State law

2 in effect on the date of enactment of the

3 Consumer Credit Reporting Reform Act of

4 1996; or

5 ‘‘(F) section 623, relating to the respon6 sibilities of persons who furnish information to

7 consumer reporting agencies, except that this

8 paragraph shall not apply—

9 ‘‘(i) with respect to section 54A(a) of

10 chapter 93 of the Massachusetts Anno11 tated Laws (as in effect on the date of en12 actment of the Consumer Credit Reporting

13 Reform Act of 1996); or

14 ‘‘(ii) with respect to section

15 1785.25(a) of the California Civil Code (as

16 in effect on the date of enactment of the

17 Consumer Credit Reporting Reform Act of

18 1996);

19 ‘‘(2) with respect to the exchange of informa20 tion among persons affiliated by common ownership

21 or common corporate control, except that this para22 graph shall not apply with respect to subsection (a)

23 or (c)(1) of section 2480e of title 9, Vermont Stat24 utes Annotated (as in effect on the date of enact-
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1 ment of the Consumer Credit Reporting Reform Act

2 of 1996); or

3 ‘‘(3) with respect to the form and content of

4 any disclosure required to be made under section

5 609(c).

6 ‘‘(c) DEFINITION OF FIRM OFFER OF CREDIT OR IN7 SURANCE.—Notwithstanding any definition of the term

8 ‘firm offer of credit or insurance’ (or any equivalent term)

9 under the laws of any State, the definition of that term

10 contained in section 603(l) shall be construed to apply in

11 the enforcement and interpretation of the laws of any

12 State governing consumer reports.

13 ‘‘(d) LIMITATIONS.—Subsections (b) and (c)—

14 ‘‘(1) do not affect any settlement, agreement, or

15 consent judgment between any State Attorney Gen16 eral and any consumer reporting agency in effect on

17 the date of enactment of the Consumer Credit Re18 porting Reform Act of 1996; and

19 ‘‘(2) do not apply to any provision of State law

20 (including any provision of a State constitution)

21 that—

22 ‘‘(A) is enacted after January 1, 2004;

23 ‘‘(B) states explicitly that the provision is

24 intended to supplement this title; and
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1 ‘‘(C) gives greater protection to consumers

2 than is provided under this title.’’.

3 SEC. 2420. EFFECTIVE DATE.

4 (a) IN GENERAL.—Except as otherwise specifically

5 provided in this chapter, the amendments made by this

6 chapter shall become effective 365 days after the date of

7 enactment of this Act.

8 (b) EARLY COMPLIANCE.—Any person or other entity

9 that is subject to the requirements of this chapter may,

10 at its option, comply with any provision of this chapter

11 before the date on which that provision becomes effective

12 under this chapter, in which case, each of the correspond13 ing provisions of this chapter shall be fully applicable to

14 such person or entity.

15 SEC. 2421. RELATIONSHIP TO OTHER LAW.

16 Nothing in this chapter or the amendments made by

17 this chapter shall be considered to supersede or otherwise

18 affect section 2721 of title 18, United States Code, with

19 respect to motor vehicle records for surveys, marketing,

20 or solicitations.

21 SEC. 2422. FEDERAL RESERVE BOARD STUDY.

22 (a) STUDY REQUIRED.—The Board of Governors of

23 the Federal Reserve System, in consultation with the other

24 Federal banking agencies (as defined in section 3 of the

25 Federal Deposit Insurance Act) and the Federal Trade
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1 Commission, shall conduct a study of whether organiza2 tions which, as of the date of the enactment of this Act,

3 are not subject to the Fair Credit Reporting Act as

4 consumer reporting agencies (as defined in section 603 of

5 such Act) are engaged in the business of making sensitive

6 consumer identification information, including social secu7 rity numbers, mothers’ maiden names, prior addresses,

8 and dates of birth, available to the general public.

9 (b) DETERMINATION OF POTENTIAL FOR FRAUD.—

10 If the Board of Governors of the Federal Reserve System

11 determines that organizations referred to in subsection (a)

12 are engaged in the business of making sensitive consumer

13 identification information available to the general public,

14 the Board shall determine—

15 (1) whether such activities create undue poten16 tial for fraud and risk of loss to insured depository

17 institutions (as defined in section 3 of the Federal

18 Deposit Insurance Act); and

19 (2) if so, whether changes in Federal law are

20 necessary to address such risks of fraud and loss.

21 (c) REPORT TO CONGRESS.—Before the end of the

22 6-month period beginning on the date of the enactment

23 of this Act, the Board of Governors of the Federal Reserve

24 System shall submit a report to the Congress containing—
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1 (1) the findings and conclusion of the Board in

2 connection with the study required under subsections

3 (a) and (b); and

4 (2) recommendations for such legislative or ad5 ministrative action as the Board determines to be

6 appropriate.

7 CHAPTER 2—CREDIT REPAIR

8 ORGANIZATIONS

9 SEC. 2451. 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’.
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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.
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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—
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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
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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
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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:
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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.
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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.
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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—
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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;
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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:
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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
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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.—
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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;
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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-
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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-
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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
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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,
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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. 2452. 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
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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 Subtitle E—Asset Conservation,

6 Lender Liability, and Deposit

7 Insurance Protection

8 SEC. 2501. SHORT TITLE.

9 This subtitle may be cited as the ‘‘Asset Conserva10 tion, Lender Liability, and Deposit Insurance Protection

11 Act of 1996’’.

12 SEC. 2502. CERCLA LENDER AND FIDUCIARY LIABILITY

13 LIMITATIONS AMENDMENTS.

14 (a) IN GENERAL.—Section 107 of the Comprehensive

15 Environmental Response, Compensation, and Liability Act

16 of 1980 (42 U.S.C. 9607) is amended by adding at the

17 end the following:

18 ‘‘(n) LIABILITY OF FIDUCIARIES.—

19 ‘‘(1) IN GENERAL.—The liability of a fiduciary

20 under any provision of this Act for the release or

21 threatened release of a hazardous substance at,

22 from, or in connection with a vessel or facility held

23 in a fiduciary capacity shall not exceed the assets

24 held in the fiduciary capacity.
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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
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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;
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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
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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.
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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:
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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
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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;
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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
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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;
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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
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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
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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) a deed in lieu of fore21 closure, or similar conveyance from a

22 trustee; or

23 ‘‘(cc) repossession,

24 if the vessel or facility was security for an

25 extension of credit previously contracted;
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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’

12 means—

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;
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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.
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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. 2503. 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
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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 a person’s liability as an owner or operator of

11 an underground storage tank for the purposes

12 of this subtitle.

13 ‘‘(C) EFFECT ON RULE.—Nothing in sub14 paragraph (B) shall be construed as modifying

15 or affecting the final rule issued by the Admin16 istrator 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-
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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. 2504. 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), prescribing

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 judicial proceedings shall

24 be necessary or may be held with respect to such portion

25 of the final rule. Any reference in that portion of the final
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1 rule to section 300.1100 of title 40, Code of Federal Regu2 lations, shall be deemed to be a reference to the amend3 ments made by this subtitle.

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 prescribed section 300.1105

11 of title 40, Code of Federal Regulations.

12 (c) AMENDMENT.—No provision of this section shall

13 be construed as limiting the authority of the President or

14 a delegee of the President to amend the portion of the

15 final rule issued by the Administrator of the Environ16 mental Protection Agency on April 29, 1992 (57 Fed. Reg.

17 18,344), prescribing section 300.1105 of title 40, Code of

18 Federal Regulations, consistent with the amendments

19 made by this subtitle and other applicable law.

20 (d) JUDICIAL REVIEW.—No provision of this section

21 shall be construed as precluding judicial review of any

22 amendment of section 300.1105 of title 40, Code of Fed23 eral Regulations, made after the date of enactment of this

24 Act.
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1 SEC. 2505. EFFECTIVE DATE.

2 The amendments made by this subtitle shall be appli3 cable with respect to any claim that has not been finally

4 adjudicated as of the date of enactment of this Act.

5 Subtitle F—Miscellaneous

6 SEC. 2601. FEDERAL RESERVE BOARD 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.
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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. 2602. 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, any 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
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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. 2603. 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;
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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.’’.
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1 SEC. 2604. AMENDMENTS TO THE TRUTH IN SAVINGS ACT.

2 (a) REPEAL.—Effective as of the end of the 5-year

3 period beginning on the date of the enactment of this Act,

4 section 271 of the Truth in Savings Act (12 U.S.C. 4310)

5 is repealed.

6 (b) ON-PREMISES DISPLAYS.—Section 263(c) of the

7 Truth in Savings Act (12 U.S.C. 4302(c)) is amended—

8 (1) by striking paragraph (2);

9 (2) by striking ‘‘(1) IN GENERAL.—’’; and

10 (3) by redesignating subparagraphs (A) and

11 (B) as paragraphs (1) and (2), respectively, and in12 denting appropriately.

13 (c) DEPOSITORY INSTITUTION DEFINITION.—Section

14 274(6) of the Truth in Savings Act (12 U.S.C. 4313(6))

15 is amended by inserting before the period ‘‘, but does not

16 include any nonautomated credit union that was not re17 quired to comply with the requirements of this title as of

18 the date of enactment of the Economic Growth and Regu19 latory Paperwork Reduction Act of 1996, pursuant to the

20 determination of the National Credit Union Administra21 tion Board’’.

22 (d) TIME DEPOSITS.—Section 266(a)(3) of the Truth

23 in Savings Act (12 U.S.C. 4305(a)(3)) is amended by in24 serting ‘‘has a maturity of more than 30 days’’ after ‘‘de25 posit which’’.
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1 SEC. 2605. CONSUMER LEASING ACT AMENDMENTS.

2 (a) CONGRESSIONAL FINDINGS AND DECLARATION

3 OF PURPOSES.—

4 (1) FINDINGS.—The Congress finds that—

5 (A) competition among the various finan6 cial institutions and other firms engaged in the

7 business of consumer leasing is greatest when

8 there is informed use of leasing;

9 (B) the informed use of leasing results

10 from an awareness of the cost of leasing by con11 sumers; and

12 (C) there has been a continued trend to13 ward leasing automobiles and other durable

14 goods for consumer use as an alternative to in15 stallment credit sales and that leasing product

16 advances have occurred such that lessors have

17 been unable to provide consistent industry-wide

18 disclosures to fully account for the competitive

19 progress that has occurred.

20 (2) PURPOSES.—The purposes of this section

21 are—

22 (A) to assure a simple, meaningful disclo23 sure of leasing terms so that the consumer will

24 be able to compare more readily the various

25 leasing terms available to the consumer and

26 avoid the uninformed use of leasing, and to pro-
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1 tect the consumer against inaccurate and unfair

2 leasing practices;

3 (B) to provide for adequate cost disclo4 sures that reflect the marketplace without im5 pairing competition and the development of new

6 leasing products; and

7 (C) to provide the Board with the regu8 latory authority to assure a simplified, mean9 ingful definition and disclosure of the terms of

10 certain leases of personal property for personal,

11 family, or household purposes so as to—

12 (i) enable the lessee to compare more

13 readily the various lease terms available to

14 the lessee;

15 (ii) enable comparison of lease terms

16 with credit terms, as appropriate; and

17 (iii) assure meaningful and accurate

18 disclosures of lease terms in advertise19 ments.

20 (b) REGULATIONS.—

21 (1) IN GENERAL.—Chapter 5 of the Truth in

22 Lending Act (15 U.S.C. 1667 et seq.) is amended by

23 adding at the end the following new section:

24 ‘‘SEC. 187. REGULATIONS.

25 ‘‘(a) REGULATIONS AUTHORIZED.—
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1 ‘‘(1) IN GENERAL.—The Board shall prescribe

2 regulations to update and clarify the requirements

3 and definitions applicable to lease disclosures and

4 contracts, and any other issues specifically related to

5 consumer leasing, to the extent that the Board de6 termines such action to be necessary—

7 ‘‘(A) to carry out this chapter;

8 ‘‘(B) to prevent any circumvention of this

9 chapter; or

10 ‘‘(C) to facilitate compliance with the re11 quirements of the chapter.

12 ‘‘(2) CLASSIFICATIONS, ADJUSTMENTS.—Any

13 regulations prescribed under paragraph (1) may con14 tain classifications and differentiations, and may

15 provide for adjustments and exceptions for any class

16 of transactions, as the Board considers appropriate.

17 ‘‘(b) MODEL DISCLOSURE.—

18 ‘‘(1) PUBLICATION.—The Board shall establish

19 and publish model disclosure forms to facilitate com20 pliance with the disclosure requirements of this

21 chapter and to aid the consumer in understanding

22 the transaction to which the subject disclosure form

23 relates.

24 ‘‘(2) USE OF AUTOMATED EQUIPMENT.—In es25 tablishing model forms under this subsection, the
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1 Board shall consider the use by lessors of data proc2 essing or similar automated equipment.

3 ‘‘(3) USE OPTIONAL.—A lessor may utilize a

4 model disclosure form established by the Board

5 under this subsection for purposes of compliance

6 with this chapter, at the discretion of the lessor.

7 ‘‘(4) EFFECT OF USE.—Any lessor who prop8 erly uses the material aspects of any model disclo9 sure form established by the Board under this sub10 section shall be deemed to be in compliance with the

11 disclosure requirements to which the form relates.’’.

12 (2) EFFECTIVE DATE.—

13 (A) IN GENERAL.—Any regulation of the

14 Board, or any amendment or interpretation of

15 any regulation of the Board issued pursuant to

16 section 187 of the Truth in Lending Act (as

17 added by paragraph (1) of this subsection),

18 shall become effective on the first October 1

19 that follows the date of promulgation of that

20 regulation, amendment, or interpretation by not

21 less than 6 months.

22 (B) LONGER PERIOD.—The Board may, at

23 the discretion of the Board, extend the time pe24 riod referred to in subparagraph (A) in accord25 ance with subparagraph (C), to permit lessors
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1 to adjust their disclosure forms to accommodate

2 the requirements of section 127 of the Truth in

3 Lending Act (as added by paragraph (1) of this

4 subsection).

5 (C) SHORTER PERIOD.—The Board may

6 shorten the time period referred to in subpara7 graph (A), if the Board makes a specific finding

8 that such action is necessary to comply with the

9 findings of a court or to prevent an unfair or

10 deceptive practice.

11 (D) COMPLIANCE BEFORE EFFECTIVE

12 DATE.—Any lessor may comply with any means

13 of disclosure provided for in section 127 of the

14 Truth in Lending Act (as added by paragraph

15 (1) of this subsection) before the effective date

16 of such requirement.

17 (E) DEFINITIONS.—For purposes of this

18 subsection, the term ‘‘lessor’’ has the same

19 meaning as in section 181 of the Truth in

20 Lending Act.

21 (3) CLERICAL AMENDMENT.—The table of sec22 tions for chapter 5 of title I of the Truth in Lending

23 Act (15 U.S.C. 1601 et seq.) is amended by insert24 ing after the item relating to section 186 the follow25 ing new item:

‘‘187. Regulations.’’.
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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.
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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. 2606. 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-
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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
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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. 2607. 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
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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. 2608. 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’’.
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1 SEC. 2609. 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 before the date

14 of enactment of the Economic Growth and Regulatory Pa15 perwork Reduction Act of 1996.’’.

16 SEC. 2610. 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—
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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);
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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. 2611. 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:
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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.
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1 SEC. 2612. STREAMLINING PROCESS FOR DETERMINING

2 NEW NONBANKING ACTIVITIES.

3 Section 4(c)(8) of the Bank Holding Company Act

4 of 1956 (12 U.S.C. 1843(c)(8)) is amended by striking

5 ‘‘and opportunity for hearing’’ and inserting the following:

6 ‘‘(and opportunity for hearing in the case of an acquisition

7 of a savings association)’’.

8 SEC. 2613. AUTHORIZING BANK SERVICE COMPANIES TO

9 ORGANIZE AS LIMITED LIABILITY COMPA10 NIES.

11 (a) AMENDMENT TO SHORT TITLE.—Section 1 of the

12 Bank Service Corporation Act (12 U.S.C. 1861(a)) is

13 amended by striking subsection (a) and inserting the fol14 lowing new subsection:

15 ‘‘(a) SHORT TITLE.—This Act may be cited as the

16 ‘Bank Service Company Act’.’’;

17 (b) AMENDMENTS TO DEFINITIONS.—Section 1(b) of

18 the Bank Service Corporation Act (12 U.S.C. 1861(b)) is

19 amended—

20 (1) by striking paragraph (2) and inserting the

21 following new paragraph:

22 ‘‘(2) the term ‘bank service company’ means—

23 ‘‘(A) any corporation—

24 ‘‘(i) which is organized to perform

25 services authorized by this Act; and
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1 ‘‘(ii) all of the capital stock of which

2 is owned by 1 or more insured banks; and

3 ‘‘(B) any limited liability company—

4 ‘‘(i) which is organized to perform

5 services authorized by this Act; and

6 ‘‘(ii) all of the members of which are

7 1 or more insured banks.’’;

8 (2) in paragraph (6)—

9 (A) by striking ‘‘corporation’’ and inserting

10 ‘‘company’’; and

11 (B) by striking ‘‘and’’ after the semicolon;

12 (3) by redesignating paragraph (7) as para13 graph (8) and inserting after paragraph (6) the fol14 lowing new paragraph:

15 ‘‘(7) the term ‘limited liability company’ means

16 any company, partnership, trust, or similar business

17 entity organized under the law of a State (as defined

18 in section 3 of the Federal Deposit Insurance Act)

19 which provides that a member or manager of such

20 company is not personally liable for a debt, obliga21 tion, or liability of the company solely by reason of

22 being, or acting as, a member or manager of such

23 company; and’’; and

24 (4) in paragraph (8) (as so redesignated)—
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1 (A) by striking ‘‘corporation’’ each place

2 such term appears and inserting ‘‘company’’;

3 and

4 (B) by striking ‘‘capital stock’’ and insert5 ing ‘‘equity’’.

6 (c) AMENDMENTS TO SECTION 2.—Section 2 of the

7 Bank Service Corporation Act (12 U.S.C. 1862) is amend8 ed—

9 (1) by striking ‘‘corporation’’ and inserting

10 ‘‘company’’;

11 (2) by striking ‘‘corporations’’ and inserting

12 ‘‘companies’’; and

13 (3) in the heading for such section, by striking

14 ‘‘CORPORATION’’ and inserting ‘‘COMPANY’’.

15 (d) AMENDMENTS TO SECTION 3.—Section 3 of the

16 Bank Service Corporation Act (12 U.S.C. 1863) is amend17 ed—

18 (1) by striking ‘‘corporation’’ each place such

19 term appears and inserting ‘‘company’’; and

20 (2) in the heading for such section, by striking

21 ‘‘CORPORATION’’ and inserting ‘‘COMPANY’’.

22 (e) AMENDMENTS TO SECTION 4.—Section 4 of the

23 Bank Service Corporation Act (12 U.S.C. 1864) is amend24 ed—
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1 (1) by striking ‘‘corporation’’ each place such

2 term appears and inserting ‘‘company’’;

3 (2) in subsection (b), by inserting ‘‘or mem4 bers’’ after ‘‘shareholders’’ each place such term ap5 pears;

6 (3) in subsections (c) and (d), by inserting ‘‘or

7 member’’ after ‘‘shareholder’’ each place such term

8 appears;

9 (4) in subsection (e)—

10 (A) by inserting ‘‘or members’’ after ‘‘na11 tional bank and State bank shareholders’’;

12 (B) by striking ‘‘its national bank share13 holder or shareholders’’ and inserting ‘‘any

14 shareholder or member of the company which is

15 a national bank’’;

16 (C) by striking ‘‘its State bank shareholder

17 or shareholders’’ and inserting ‘‘any share18 holder or member of the company which is a

19 State bank’’;

20 (D) by striking ‘‘such State bank or

21 banks’’ and inserting ‘‘any such State bank’’;

22 and

23 (E) by inserting ‘‘or members’’ after

24 ‘‘State bank and national bank shareholders’’;

25 and
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1 (5) in the heading for such section, by striking

2 ‘‘CORPORATION’’ and inserting ‘‘COMPANY’’.

3 (f) AMENDMENTS TO SECTION 5.—Section 5 of the

4 Bank Service Corporation Act (12 U.S.C. 1865) is amend5 ed—

6 (1) by striking ‘‘corporation’’ each place such

7 term appears and inserting ‘‘company’’; and

8 (2) in the heading for such section, by striking

9 ‘‘CORPORATIONS’’ and inserting ‘‘COMPANIES’’.

10 (g) AMENDMENTS TO SECTION 6.—Section 6 of the

11 Bank Service Corporation Act (12 U.S.C. 1866) is amend12 ed—

13 (1) by striking ‘‘corporation’’ each place such

14 term appears and inserting ‘‘company’’;

15 (2) by inserting ‘‘or is not a member of’’ after

16 ‘‘does not own stock in’’;

17 (3) by striking ‘‘the nonstockholding institu18 tion’’ and inserting ‘‘such depository institution’’;

19 (4) by inserting ‘‘or is a member of’’ after ‘‘that

20 owns stock in’’;

21 (5) in paragraphs (1) and (2), by inserting ‘‘or

22 nonmember’’ after ‘‘nonstockholding’’; and

23 (6) in the heading for such section by inserting

24 ‘‘OR NONMEMBERS’’ after ‘‘NONSTOCKHOLDERS’’.
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1 (h) AMENDMENTS TO SECTION 7.—Section 7 of the

2 Bank Service Corporation Act (12 U.S.C. 1867) is amend3 ed—

4 (1) by striking ‘‘corporation’’ each place such

5 term appears and inserting ‘‘company’’;

6 (2) in subsection (a)—

7 (A) by inserting ‘‘or principal member’’

8 after ‘‘principal shareholder’’; and

9 (B) by inserting ‘‘or member’’ after ‘‘other

10 shareholder’’; and

11 (3) in the heading for such section, by striking

12 ‘‘CORPORATIONS’’ and inserting ‘‘COMPANIES’’.

13 SEC. 2614. RETIREMENT CERTIFICATES OF DEPOSITS.

14 (a) IN GENERAL.—Section 3(l)(5) of the Federal De15 posit Insurance Act (12 U.S.C. 1813(l)(5) is amended—

16 (1) in subparagraph (A), by striking ‘‘and’’ at

17 the end;

18 (2) in subparagraph (B), by striking the period

19 at the end and inserting ‘‘; and’’; and

20 (3) by adding at the end the following new sub21 paragraph:

22 ‘‘(C) any liability of an insured depository

23 institution that arises under an annuity con24 tract, the income of which is tax deferred under
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1 section 72 of the Internal Revenue Code of

2 1986.’’.

3 (b) EFFECTIVE DATE.—The amendments made by

4 subsection (a) shall apply to any liability of an insured

5 depository that arises under an annuity contract issued

6 on or after the date of enactment of this Act.

7 SEC. 2615. PROHIBITIONS ON CERTAIN DEPOSITORY INSTI8 TUTION ASSOCIATIONS WITH GOVERNMENT9 SPONSORED ENTERPRISES.

10 (a) CREDIT UNIONS.—Section 201 of the Federal

11 Credit Union Act (12 U.S.C. 1781) is amended by adding

12 at the end the following new subsection:

13 ‘‘(e) PROHIBITION ON CERTAIN ASSOCIATIONS.—

14 ‘‘(1) IN GENERAL.—No insured credit union

15 may be sponsored by or accept financial support, di16 rectly or indirectly, from any Government-sponsored

17 enterprise, if the credit union includes the customers

18 of the Government-sponsored enterprise in the field

19 of membership of the credit union.

20 ‘‘(2) ROUTINE BUSINESS FINANCING.—Para21 graph (1) shall not apply with respect to advances

22 or other forms of financial assistance generally pro23 vided by a Government-sponsored enterprise in the

24 ordinary course of business of the enterprise.
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1 ‘‘(3) GOVERNMENT-SPONSORED ENTERPRISE

2 DEFINED.—For purposes of this subsection, the

3 term ‘Government-sponsored enterprise’ has the

4 meaning given to such term in section 1404(e)(1)(A)

5 of the Financial Institutions Reform, Recovery, and

6 Enforcement Act of 1989.

7 ‘‘(4) EMPLOYEE CREDIT UNION.—No provision

8 of this subsection shall be construed as prohibiting

9 any employee of a Government-sponsored enterprise

10 from becoming a member of a credit union whose

11 field of membership is the employees of such enter12 prise.’’.

13 (b) BANKS AND SAVINGS ASSOCIATIONS.—Section 18

14 of the Federal Deposit Insurance Act (12 U.S.C. 1828)

15 is amended by adding at the end the following new sub16 section:

17 ‘‘(s) PROHIBITION ON CERTAIN AFFILIATIONS.—

18 ‘‘(1) IN GENERAL.—No depository institution

19 may be an affiliate of, be sponsored by, or accept fi20 nancial support, directly or indirectly, from any Gov21 ernment-sponsored enterprise.

22 ‘‘(2) EXCEPTION FOR MEMBERS OF A FEDERAL

23 HOME LOAN BANK.—Paragraph (1) shall not apply

24 with respect to the membership of a depository insti25 tution in a Federal home loan bank.
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1 ‘‘(3) ROUTINE BUSINESS FINANCING.—Para2 graph (1) shall not apply with respect to advances

3 or other forms of financial assistance provided by a

4 Government-sponsored enterprise pursuant to the

5 statutes governing such enterprise.

6 ‘‘(4) GOVERNMENT-SPONSORED ENTERPRISE

7 DEFINED.—For purposes of this subsection, the

8 term ‘Government-sponsored enterprise’ has the

9 meaning given to such term in section 1404(e)(1)(A)

10 of the Financial Institutions Reform, Recovery, and

11 Enforcement Act of 1989.’’.

12 (c) EFFECTIVE DATE.—The amendments made by

13 this section shall apply on and after January 1, 1996.

14 Subtitle G—Deposit Insurance

15 Funds

16 SEC. 2701. SHORT TITLE.

17 This subtitle may be cited as the ‘‘Deposit Insurance

18 Funds Act of 1996’’.

19 SEC. 2702. SPECIAL ASSESSMENT TO CAPITALIZE SAIF.

20 (a) IN GENERAL.—Except as provided in subsection

21 (f), the Board of Directors of the Federal Deposit Insur22 ance Corporation shall impose a special assessment on the

23 SAIF-assessable deposits of each insured depository insti24 tution in accordance with assessment regulations of the

25 Corporation at a rate applicable to all such institutions
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1 that the Board of Directors, in its sole discretion, deter2 mines (after taking into account the adjustments de3 scribed in subsections (g), (h), and (j)) will cause the Sav4 ings Association Insurance Fund to achieve the designated

5 reserve ratio on the first business day of the 1st month

6 beginning after the date of the enactment of this Act.

7 (b) FACTORS TO BE CONSIDERED.—In carrying out

8 subsection (a), the Board of Directors shall base its deter9 mination on—

10 (1) the monthly Savings Association Insurance

11 Fund balance most recently calculated;

12 (2) data on insured deposits reported in the

13 most recent reports of condition filed not later than

14 70 days before the date of enactment of this Act by

15 insured depository institutions; and

16 (3) any other factors that the Board of Direc17 tors deems appropriate.

18 (c) DATE OF DETERMINATION.—For purposes of

19 subsection (a), the amount of the SAIF-assessable depos20 its of an insured depository institution shall be determined

21 as of March 31, 1995.

22 (d) DATE PAYMENT DUE.—Except as provided in

23 subsection (g), the special assessment imposed under this

24 section shall be—
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1 (1) due on the first business day of the 1st

2 month beginning after the date of the enactment of

3 this Act; and

4 (2) paid to the Corporation on the later of—

5 (A) the first business day of the 1st month

6 beginning after such date of enactment; or

7 (B) such other date as the Corporation

8 shall prescribe, but not later than 60 days after

9 the date of enactment of this Act.

10 (e) ASSESSMENT DEPOSITED IN SAIF.—Notwith11 standing any other provision of law, the proceeds of the

12 special assessment imposed under this section shall be de13 posited in the Savings Association Insurance Fund.

14 (f) EXEMPTIONS FOR CERTAIN INSTITUTIONS.—

15 (1) EXEMPTION FOR WEAK INSTITUTIONS.—

16 The Board of Directors may, by order, in its sole

17 discretion, exempt any insured depository institution

18 that the Board of Directors determines to be weak,

19 from paying the special assessment imposed under

20 this section if the Board of Directors determines

21 that the exemption would reduce risk to the Savings

22 Association Insurance Fund.

23 (2) GUIDELINES REQUIRED.—Not later than 30

24 days after the date of enactment of this Act, the

25 Board of Directors shall prescribe guidelines setting
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1 forth the criteria that the Board of Directors will

2 use in exempting institutions under paragraph (1).

3 Such guidelines shall be published in the Federal

4 Register.

5 (3) EXEMPTION FOR CERTAIN NEWLY CHAR6 TERED AND OTHER DEFINED INSTITUTIONS.—

7 (A) IN GENERAL.—In addition to the insti8 tutions exempted from paying the special as9 sessment under paragraph (1), the Board of

10 Directors shall exempt any insured depository

11 institution from payment of the special assess12 ment if the institution—

13 (i) was in existence on October 1,

14 1995, and held no SAIF-assessable depos15 its before January 1, 1993;

16 (ii) is a Federal savings bank which—

17 (I) was established de novo in

18 April 1994 in order to acquire the de19 posits of a savings association which

20 was in default or in danger of default;

21 and

22 (II) received minority interim

23 capital assistance from the Resolution

24 Trust Corporation under section

25 21A(w) of the Federal Home Loan
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1 Bank Act in connection with the ac2 quisition of any such savings associa3 tion; or

4 (iii) is a savings association, the de5 posits of which are insured by the Savings

6 Association Insurance Fund, which—

7 (I) before January 1, 1987, was

8 chartered as a Federal savings bank

9 insured by the Federal Savings and

10 Loan Insurance Corporation for the

11 purpose of acquiring all or substan12 tially all of the assets and assuming

13 all or substantially all of the deposit

14 liabilities of a national bank in a

15 transaction consummated after July

16 1, 1986; and

17 (II) as of the date of that trans18 action, had assets of less than

19 $150,000,000.

20 (B) DEFINITION.—For purposes of this

21 paragraph, an institution shall be deemed to

22 have held SAIF-assessable deposits before Jan23 uary 1, 1993, if—

24 (i) it directly held SAIF-assessable de25 posits before that date; or
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1 (ii) it succeeded to, acquired, pur2 chased, or otherwise holds any SAIF-as3 sessable deposits as of the date of enact4 ment of this Act that were SAIF-assess5 able deposits before January 1, 1993.

6 (4) EXEMPT INSTITUTIONS REQUIRED TO PAY

7 ASSESSMENTS AT FORMER RATES.—

8 (A) PAYMENTS TO SAIF AND DIF.—Any in9 sured depository institution that the Board of

10 Directors exempts under this subsection from

11 paying the special assessment imposed under

12 this section shall pay semiannual assessments—

13 (i) during calendar years 1996, 1997,

14 and 1998, into the Savings Association In15 surance Fund, based on SAIF-assessable

16 deposits of that institution, at assessment

17 rates calculated under the schedule in ef18 fect for Savings Association Insurance

19 Fund members on June 30, 1995; and

20 (ii) during calendar year 1999—

21 (I) into the Deposit Insurance

22 Fund, based on SAIF-assessable de23 posits of that institution as of Decem24 ber 31, 1998, at assessment rates cal25 culated under the schedule in effect
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1 for Savings Association Insurance

2 Fund members on June 30, 1995; or

3 (II) in accordance with clause (i),

4 if the Bank Insurance Fund and the

5 Savings Association Insurance Fund

6 are not merged into the Deposit In7 surance Fund.

8 (B) OPTIONAL PRO RATA PAYMENT OF

9 SPECIAL ASSESSMENT.—This paragraph shall

10 not apply with respect to any insured depository

11 institution (or successor insured depository in12 stitution) that has paid, during any calendar

13 year from 1997 through 1999, upon such terms

14 as the Corporation may announce, an amount

15 equal to the product of—

16 (i) 16.7 percent of the special assess17 ment that the institution would have been

18 required to pay under subsection (a), if the

19 Board of Directors had not exempted the

20 institution; and

21 (ii) the number of full semiannual pe22 riods remaining between the date of the

23 payment and December 31, 1999.
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1 (g) SPECIAL ELECTION FOR CERTAIN INSTITUTIONS

2 FACING HARDSHIP AS A RESULT OF THE SPECIAL AS3 SESSMENT.—

4 (1) ELECTION AUTHORIZED.—If—

5 (A) an insured depository institution, or

6 any depository institution holding company

7 which, directly or indirectly, controls such insti8 tution, is subject to terms or covenants in any

9 debt obligation or preferred stock outstanding

10 on September 13, 1995; and

11 (B) the payment of the special assessment

12 under subsection (a) would pose a significant

13 risk of causing such depository institution or

14 holding company to default or violate any such

15 term or covenant,

16 the depository institution may elect, with the ap17 proval of the Corporation, to pay such special as18 sessment in accordance with paragraphs (2) and (3)

19 in lieu of paying such assessment in the manner re20 quired under subsection (a).

21 (2) 1ST ASSESSMENT.—An insured depository

22 institution which makes an election under paragraph

23 (1) shall pay an assessment in an amount equal to

24 50 percent of the amount of the special assessment

25 that would otherwise apply under subsection (a), by
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1 the date on which such special assessment is payable

2 under subsection (d).

3 (3) 2D ASSESSMENT.—An insured depository

4 institution which makes an election under paragraph

5 (1) shall pay a 2d assessment, by the date estab6 lished by the Board of Directors in accordance with

7 paragraph (4), in an amount equal to the product of

8 51 percent of the rate determined by the Board of

9 Directors under subsection (a) for determining the

10 amount of the special assessment and the SAIF-as11 sessable deposits of the institution on March 31,

12 1996, or such other date in calendar year 1996 as

13 the Board of Directors determines to be appropriate.

14 (4) DUE DATE OF 2D ASSESSMENT.—The date

15 established by the Board of Directors for the pay16 ment of the assessment under paragraph (3) by a

17 depository institution shall be the earliest practicable

18 date which the Board of Directors determines to be

19 appropriate, which is at least 15 days after the date

20 used by the Board of Directors under paragraph (3).

21 (5) SUPPLEMENTAL SPECIAL ASSESSMENT.—

22 An insured depository institution which makes an

23 election under paragraph (1) shall pay a supple24 mental special assessment, at the same time the pay-
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1 ment under paragraph (3) is made, in an amount

2 equal to the product of—

3 (A) 50 percent of the rate determined by

4 the Board of Directors under subsection (a) for

5 determining the amount of the special assess6 ment; and

7 (B) 95 percent of the amount by which the

8 SAIF-assessable deposits used by the Board of

9 Directors for determining the amount of the 1st

10 assessment under paragraph (2) exceeds, if any,

11 the SAIF-assessable deposits used by the Board

12 for determining the amount of the 2d assess13 ment under paragraph (3).

14 (h) ADJUSTMENT OF SPECIAL ASSESSMENT FOR

15 CERTAIN BANK INSURANCE FUND MEMBER BANKS.—

16 (1) IN GENERAL.—For purposes of computing

17 the special assessment imposed under this section

18 with respect to a Bank Insurance Fund member

19 bank, the amount of any deposits of any insured de20 pository institution which section 5(d)(3) of the Fed21 eral Deposit Insurance Act treats as insured by the

22 Savings Association Insurance Fund shall be re23 duced by 20 percent—

24 (A) if the adjusted attributable deposit

25 amount of the Bank Insurance Fund member
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1 bank is less than 50 percent of the total domes2 tic deposits of that member bank as of June 30,

3 1995; or

4 (B) if, as of June 30, 1995, the Bank In5 surance Fund member—

6 (i) had an adjusted attributable de7 posit amount equal to less than 75 percent

8 of the total assessable deposits of that

9 member bank;

10 (ii) had total assessable deposits

11 greater than $5,000,000,000; and

12 (iii) was owned or controlled by a

13 bank holding company that owned or con14 trolled insured depository institutions hav15 ing an aggregate amount of deposits in16 sured or treated as insured by the Bank

17 Insurance Fund greater than the aggre18 gate amount of deposits insured or treated

19 as insured by the Savings Association In20 surance Fund.

21 (2) ADJUSTED ATTRIBUTABLE DEPOSIT

22 AMOUNT.—For purposes of this subsection, the ‘‘ad23 justed attributable deposit amount’’ shall be deter24 mined in accordance with section 5(d)(3)(C) of the

25 Federal Deposit Insurance Act.
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1 (i) ADJUSTMENT TO THE ADJUSTED ATTRIBUTABLE

2 DEPOSIT AMOUNT FOR CERTAIN BANK INSURANCE FUND

3 MEMBER BANKS.—Section 5(d)(3) of the Federal Deposit

4 Insurance Act (12 U.S.C. 1815(d)(3)) is amended—

5 (1) in subparagraph (C), by striking ‘‘The ad6 justed attributable deposit amount’’ and inserting

7 ‘‘Except as provided in subparagraph (K), the ad8 justed attributable deposit amount’’; and

9 (2) by adding at the end the following new sub10 paragraph:

11 ‘‘(K) ADJUSTMENT OF ADJUSTED ATTRIB12 UTABLE DEPOSIT AMOUNT.—The amount deter13 mined under subparagraph (C)(i) for deposits

14 acquired by March 31, 1995, shall be reduced

15 by 20 percent for purposes of computing the

16 adjusted attributable deposit amount for the

17 payment of any assessment for any semiannual

18 period that begins after the date of the enact19 ment of the Deposit Insurance Funds Act of

20 1996 (other than the special assessment im21 posed under section 2702(a) of such Act), for

22 a Bank Insurance Fund member bank that, as

23 of June 30, 1995—

24 ‘‘(i) had an adjusted attributable de25 posit amount that was less than 50 percent
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1 of the total deposits of that member bank;

2 or

3 ‘‘(ii)(I) had an adjusted attributable

4 deposit amount equal to less than 75 per5 cent of the total assessable deposits of that

6 member bank;

7 ‘‘(II) had total assessable deposits

8 greater than $5,000,000,000; and

9 ‘‘(III) was owned or controlled by a

10 bank holding company that owned or con11 trolled insured depository institutions hav12 ing an aggregate amount of deposits in13 sured or treated as insured by the Bank

14 Insurance Fund greater than the aggre15 gate amount of deposits insured or treated

16 as insured by the Savings Association In17 surance Fund.’’.

18 (j) ADJUSTMENT OF SPECIAL ASSESSMENT FOR

19 CERTAIN SAVINGS ASSOCIATIONS.—

20 (1) SPECIAL ASSESSMENT REDUCTION.—For

21 purposes of computing the special assessment im22 posed under this section, in the case of any con23 verted association, the amount of any deposits of

24 such association which were insured by the Savings
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1 Association Insurance Fund as of March 31, 1995,

2 shall be reduced by 20 percent.

3 (2) CONVERTED ASSOCIATION.—For purposes

4 of this subsection, the term ‘‘converted association’’

5 means—

6 (A) any Federal savings association—

7 (i) that is a member of the Savings

8 Association Insurance Fund and that has

9 deposits subject to assessment by that

10 fund which did not exceed $4,000,000,000,

11 as of March 31, 1995; and

12 (ii) that had been, or is a successor by

13 merger, acquisition, or otherwise to an in14 stitution that had been, a State savings

15 bank, the deposits of which were insured

16 by the Federal Deposit Insurance Corpora17 tion before August 9, 1989, that converted

18 to a Federal savings association pursuant

19 to section 5(i) of the Home Owners’ Loan

20 Act before January 1, 1985;

21 (B) a State depository institution that is a

22 member of the Savings Association Insurance

23 Fund that had been a State savings bank be24 fore October 15, 1982, and was a Federal sav25 ings association on August 9, 1989;
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1 (C) an insured bank that—

2 (i) was established de novo in order to

3 acquire the deposits of a savings associa4 tion in default or in danger of default;

5 (ii) did not open for business before

6 acquiring the deposits of such savings as7 sociation; and

8 (iii) was a Savings Association Insur9 ance Fund member before the date of en10 actment of this Act; and

11 (D) an insured bank that—

12 (i) resulted from a savings association

13 before December 19, 1991, in accordance

14 with section 5(d)(2)(G) of the Federal De15 posit Insurance Act; and

16 (ii) had an increase in its capital in

17 conjunction with the conversion in an

18 amount equal to more than 75 percent of

19 the capital of the institution on the day be20 fore the date of the conversion.

21 SEC. 2703. FINANCING CORPORATION FUNDING.

22 (a) IN GENERAL.—Section 21 of the Federal Home

23 Loan Bank Act (12 U.S.C. 1441) is amended—

24 (1) in subsection (f)(2)—
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1 (A) in the matter immediately preceding

2 subparagraph (A)—

3 (i) by striking ‘‘To the extent the

4 amounts available pursuant to paragraph

5 (1) are insufficient to cover the amount of

6 interest payments, issuance costs, and cus7 todial fees,’’ and inserting ‘‘In addition to

8 the amounts obtained pursuant to para9 graph (1),’’;

10 (ii) by striking ‘‘Savings Association

11 Insurance Fund member’’ and inserting

12 ‘‘insured depository institution’’; and

13 (iii) by striking ‘‘members’’ and in14 serting ‘‘institutions’’; and

15 (B) by striking ‘‘, except that—’’ and all

16 that follows through the end of the paragraph

17 and inserting ‘‘, except that—

18 ‘‘(A) the assessments imposed on insured

19 depository institutions with respect to any BIF20 assessable deposit shall be assessed at a rate

equal to 1 21 ⁄5 of the rate of the assessments im22 posed on insured depository institutions with

23 respect to any SAIF-assessable deposit; and

24 ‘‘(B) no limitation under clause (i) or (iii)

25 of section 7(b)(2)(A) of the Federal Deposit In-
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1 surance Act shall apply for purposes of this

2 paragraph.’’; and

3 (2) in subsection (k)—

4 (A) by striking ‘‘section—’’ and inserting

5 ‘‘section, the following definitions shall apply:’’;

6 (B) by striking paragraph (1);

7 (C) by redesignating paragraphs (2) and

8 (3) as paragraphs (1) and (2), respectively; and

9 (D) by adding at the end the following new

10 paragraphs:

11 ‘‘(3) INSURED DEPOSITORY INSTITUTION.—The

12 term ‘insured depository institution’ has the same

13 meaning as in section 3 of the Federal Deposit In14 surance Act

15 ‘‘(4) DEPOSIT TERMS.—

16 ‘‘(A) BIF-ASSESSABLE DEPOSITS.—The

17 term ‘BIF-assessable deposit’ means a deposit

18 that is subject to assessment for purposes of

19 the Bank Insurance Fund under the Federal

20 Deposit Insurance Act (including a deposit that

21 is treated as a deposit insured by the Bank In22 surance Fund under section 5(d)(3) of the Fed23 eral Deposit Insurance Act).

24 ‘‘(B) SAIF-ASSESSABLE DEPOSIT.—The

25 term ‘SAIF-assessable deposit’ has the meaning
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1 given to such term in section 2710 of the De2 posit Insurance Funds Act of 1996.’’.

3 (b) CONFORMING AMENDMENT.—Section 7(b)(2) of

4 the Federal Deposit Insurance Act (12 U.S.C. 1817(b)(2))

5 is amended by striking subparagraph (D).

6 (c) EFFECTIVE DATE.—

7 (1) IN GENERAL.—Subsections (a) and (c) and

8 the amendments made by such subsections shall

9 apply with respect to semiannual periods which

10 begin after December 31, 1996.

11 (2) TERMINATION OF CERTAIN ASSESSMENT

12 RATES.—Subparagraph (A) of section 21(f)(2) of

13 the Federal Home Loan Bank Act (as amended by

14 subsection (a)) shall not apply after the earlier of—

15 (A) December 31, 1999; or

16 (B) the date as of which the last savings

17 association ceases to exist.

18 (d) PROHIBITION ON DEPOSIT SHIFTING.—

19 (1) IN GENERAL.—Effective as of the date of

20 the enactment of this Act and ending on the date

21 provided in subsection (c)(2) of this section, the

22 Comptroller of the Currency, the Board of Directors

23 of the Federal Deposit Insurance Corporation, the

24 Board of Governors of the Federal Reserve System,

25 and the Director of the Office of Thrift Supervision
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1 shall take appropriate actions, including enforcement

2 actions, denial of applications, or imposition of en3 trance and exit fees as if such transactions qualified

4 as conversion transactions pursuant to section 5(d)

5 of the Federal Deposit Insurance Act, to prevent in6 sured depository institutions and depository institu7 tion holding companies from facilitating or encour8 aging the shifting of deposits from SAIF-assessable

9 deposits to BIF-assessable deposits (as defined in

10 section 21(k) of the Federal Home Loan Bank Act)

11 for the purpose of evading the assessments imposed

12 on insured depository institutions with respect to

13 SAIF-assessable deposits under section 7(b) of the

14 Federal Deposit Insurance Act and section 21(f)(2)

15 of the Federal Home Loan Bank Act.

16 (2) REGULATIONS.—The Board of Directors of

17 the Federal Deposit Insurance Corporation may

18 issue regulations, including regulations defining

19 terms used in paragraph (1), to prevent the shifting

20 of deposits described in such paragraph.

21 (3) RULE OF CONSTRUCTION.—No provision of

22 this subsection shall be construed as prohibiting con23 duct or activity of any insured depository institution

24 which—
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1 (A) is undertaken in the ordinary course of

2 business of such depository institution; and

3 (B) is not directed towards the depositors

4 of an insured depository institution affiliate (as

5 defined in section 2(k) of the Bank Holding

6 Company Act of 1956) of such depository insti7 tution.

8 SEC. 2704. MERGER OF BIF AND SAIF.

9 (a) IN GENERAL.—

10 (1) MERGER.—The Bank Insurance Fund and

11 the Savings Association Insurance Fund shall be

12 merged into the Deposit Insurance Fund established

13 by section 11(a)(4) of the Federal Deposit Insurance

14 Act, as amended by this section.

15 (2) DISPOSITION OF ASSETS AND LIABIL16 ITIES.—All assets and liabilities of the Bank Insur17 ance Fund and the Savings Association Insurance

18 Fund shall be transferred to the Deposit Insurance

19 Fund.

20 (3) NO SEPARATE EXISTENCE.—The separate

21 existence of the Bank Insurance Fund and the Sav22 ings Association Insurance Fund shall cease.

23 (b) SPECIAL RESERVE OF THE DEPOSIT INSURANCE

24 FUND.—
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1 (1) IN GENERAL.—Immediately before the

2 merger of the Bank Insurance Fund and the Sav3 ings Association Insurance Fund, if the reserve ratio

4 of the Savings Association Insurance Fund exceeds

5 the designated reserve ratio, the amount by which

6 that reserve ratio exceeds the designated reserve

7 ratio shall be placed in the Special Reserve of the

8 Deposit Insurance Fund, established under section

9 11(a)(5) of the Federal Deposit Insurance Act, as

10 amended by this section.

11 (2) DEFINITION.—For purposes of this sub12 section, the term ‘‘reserve ratio’’ means the ratio of

13 the net worth of the Savings Association Insurance

14 Fund to the aggregate estimated amount of deposits

15 insured by the Savings Association Insurance Fund.

16 (c) EFFECTIVE DATE.—This section and the amend17 ments made by this section shall become effective on Janu18 ary 1, 1999, if no insured depository institution is a sav19 ings association on that date.

20 (d) TECHNICAL AND CONFORMING AMENDMENTS.—

21 (1) DEPOSIT INSURANCE FUND.—Section

22 11(a)(4) of the Federal Deposit Insurance Act (12

23 U.S.C. 1821(a)(4)) is amended—

24 (A) by redesignating subparagraph (B) as

25 subparagraph (C);
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1 (B) by striking subparagraph (A) and in2 serting the following:

3 ‘‘(A) ESTABLISHMENT.—There is estab4 lished the Deposit Insurance Fund, which the

5 Corporation shall—

6 ‘‘(i) maintain and administer;

7 ‘‘(ii) use to carry out its insurance

8 purposes in the manner provided by this

9 subsection; and

10 ‘‘(iii) invest in accordance with section

11 13(a).

12 ‘‘(B) USES.—The Deposit Insurance Fund

13 shall be available to the Corporation for use

14 with respect to Deposit Insurance Fund mem15 bers.’’; and

16 (C) by striking ‘‘(4) GENERAL PROVISIONS

17 RELATING TO FUNDS.—’’ and inserting the fol18 lowing:

19 ‘‘(4) ESTABLISHMENT OF THE DEPOSIT INSUR20 ANCE FUND.—’’.

21 (2) OTHER REFERENCES.—Section 11(a)(4)(C)

22 of the Federal Deposit Insurance Act (12 U.S.C.

23 1821(a)(4)(C), as redesignated by paragraph (1) of

24 this subsection) is amended by striking ‘‘Bank In25 surance Fund and the Savings Association Insur-
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1 ance Fund’’ and inserting ‘‘Deposit Insurance

2 Fund’’.

3 (3) DEPOSITS INTO FUND.—Section 11(a)(4) of

4 the Federal Deposit Insurance Act (12 U.S.C.

5 1821(a)(4)) is amended by adding at the end the

6 following new subparagraph:

7 ‘‘(D) DEPOSITS.—All amounts assessed

8 against insured depository institutions by the

9 Corporation shall be deposited in the Deposit

10 Insurance Fund.’’.

11 (4) SPECIAL RESERVE OF DEPOSITS.—Section

12 11(a)(5) of the Federal Deposit Insurance Act (12

13 U.S.C. 1821(a)(5)) is amended to read as follows:

14 ‘‘(5) SPECIAL RESERVE OF DEPOSIT INSUR15 ANCE FUND.—

16 ‘‘(A) ESTABLISHMENT.—

17 ‘‘(i) IN GENERAL.—There is estab18 lished a Special Reserve of the Deposit In19 surance Fund, which shall be administered

20 by the Corporation and shall be invested in

21 accordance with section 13(a).

22 ‘‘(ii) LIMITATION.—The Corporation

23 shall not provide any assessment credit, re24 fund, or other payment from any amount

25 in the Special Reserve.
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1 ‘‘(B) EMERGENCY USE OF SPECIAL RE2 SERVE.—Notwithstanding subparagraph (A)(ii),

3 the Corporation may, in its sole discretion,

4 transfer amounts from the Special Reserve to

5 the Deposit Insurance Fund, for the purposes

6 set forth in paragraph (4), only if—

7 ‘‘(i) the reserve ratio of the Deposit

8 Insurance Fund is less than 50 percent of

9 the designated reserve ratio; and

10 ‘‘(ii) the Corporation expects the re11 serve ratio of the Deposit Insurance Fund

12 to remain at less than 50 percent of the

13 designated reserve ratio for each of the

14 next 4 calendar quarters.

15 ‘‘(C) EXCLUSION OF SPECIAL RESERVE IN

16 CALCULATING RESERVE RATIO.—Notwithstand17 ing any other provision of law, any amounts in

18 the Special Reserve shall be excluded in cal19 culating the reserve ratio of the Deposit Insur20 ance Fund under section 7.’’.

21 (5) FEDERAL HOME LOAN BANK ACT.—Section

22 21B(f)(2)(C)(ii) of the Federal Home Loan Bank

23 Act (12 U.S.C. 1441b(f)(2)(C)(ii)) is amended—

24 (A) in subclause (I), by striking ‘‘to Sav25 ings Associations Insurance Fund members’’
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1 and inserting ‘‘to insured depository institu2 tions, and their successors, which were Savings

3 Association Insurance Fund members on Sep4 tember 1, 1995’’; and

5 (B) in subclause (II), by striking ‘‘to Sav6 ings Associations Insurance Fund members’’

7 and inserting ‘‘to insured depository institu8 tions, and their successors, which were Savings

9 Association Insurance Fund members on Sep10 tember 1, 1995’’.

11 (6) REPEALS.—

12 (A) SECTION 3.—Section 3(y) of the Fed13 eral Deposit Insurance Act (12 U.S.C. 1813(y))

14 is amended to read as follows:

15 ‘‘(y) DEFINITIONS RELATING TO THE DEPOSIT IN16 SURANCE FUND.—

17 ‘‘(1) DEPOSIT INSURANCE FUND.—The term

18 ‘Deposit Insurance Fund’ means the fund estab19 lished under section 11(a)(4).

20 ‘‘(2) RESERVE RATIO.—The term ‘reserve ratio’

21 means the ratio of the net worth of the Deposit In22 surance Fund to aggregate estimated insured depos23 its held in all insured depository institutions.
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1 ‘‘(3) DESIGNATED RESERVE RATIO.—The des2 ignated reserve ratio of the Deposit Insurance Fund

3 for each year shall be—

4 ‘‘(A) 1.25 percent of estimated insured de5 posits; or

6 ‘‘(B) a higher percentage of estimated in7 sured deposits that the Board of Directors de8 termines to be justified for that year by cir9 cumstances raising a significant risk of sub10 stantial future losses to the fund.’’

11 (B) SECTION 7.—Section 7 of the Federal

12 Deposit Insurance Act (12 U.S.C. 1817) is

13 amended—

14 (i) by striking subsection (l);

15 (ii) by redesignating subsections (m)

16 and (n) as subsections (l) and (m), respec17 tively;

18 (iii) in subsection (b)(2), by striking

19 subparagraphs (B) and (F), and by redes20 ignating subparagraphs (C), (E), (G), and

21 (H) as subparagraphs (B) through (E), re22 spectively.

23 (C) SECTION 11.—Section 11(a) of the

24 Federal Deposit Insurance Act (12 U.S.C.

25 1821(a)) is amended—
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1 (i) by striking paragraphs (6) and (7);

2 and

3 (ii) by redesignating paragraph (8) as

4 paragraph (6).

5 (7) SECTION 5136 OF THE REVISED STAT6 UTES.—The paragraph designated the ‘‘Eleventh’’ of

7 section 5136 of the Revised Statutes of the United

8 States (12 U.S.C. 24) is amended in the 5th sen9 tence, by striking ‘‘affected deposit insurance fund’’

10 and inserting ‘‘Deposit Insurance Fund’’.

11 (8) INVESTMENTS PROMOTING PUBLIC WEL12 FARE; LIMITATIONS ON AGGREGATE INVEST13 MENTS.—The 23d undesignated paragraph of sec14 tion 9 of the Federal Reserve Act (12 U.S.C. 338a)

15 is amended in the 4th sentence, by striking ‘‘affected

16 deposit insurance fund’’ and inserting ‘‘Deposit In17 surance Fund’’.

18 (9) ADVANCES TO CRITICALLY UNDERCAPITAL19 IZED DEPOSITORY INSTITUTIONS.—Section

20 10B(b)(3)(A)(ii) of the Federal Reserve Act (12

21 U.S.C. 347b(b)(3)(A)(ii)) is amended by striking

22 ‘‘any deposit insurance fund in’’ and inserting ‘‘the

23 Deposit Insurance Fund of’’.

24 (10) AMENDMENTS TO THE BALANCED BUDGET

25 AND EMERGENCY DEFICIT CONTROL ACT OF 1985.—
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1 Section 255(g)(1)(A) of the Balanced Budget and

2 Emergency Deficit Control Act of 1985 (2 U.S.C.

3 905(g)(1)(A)) is amended—

4 (A) by striking ‘‘Bank Insurance Fund’’

5 and inserting ‘‘Deposit Insurance Fund’’; and

6 (B) by striking ‘‘Federal Deposit Insur7 ance Corporation, Savings Association Insur8 ance Fund;’’.

9 (11) FURTHER AMENDMENTS TO THE FEDERAL

10 HOME LOAN BANK ACT.—The Federal Home Loan

11 Bank Act (12 U.S.C. 1421 et seq.) is amended—

12 (A) in section 11(k) (12 U.S.C.

13 1431(k))—

14 (i) in the subsection heading, by strik15 ing ‘‘SAIF’’ and inserting ‘‘THE DEPOSIT

16 INSURANCE FUND’’; and

17 (ii) by striking ‘‘Savings Association

18 Insurance Fund’’ each place such term ap19 pears and inserting ‘‘Deposit Insurance

20 Fund’’;

21 (B) in section 21A(b)(4)(B) (12 U.S.C.

22 1441a(b)(4)(B)), by striking ‘‘affected deposit

23 insurance fund’’ and inserting ‘‘Deposit Insur24 ance Fund’’;
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1 (C) in section 21A(b)(6)(B) (12 U.S.C.

2 1441a(b)(6)(B))—

3 (i) in the subparagraph heading, by

4 striking ‘‘SAIF-INSURED BANKS’’ and in5 serting ‘‘CHARTER CONVERSIONS’’; and

6 (ii) by striking ‘‘Savings Association

7 Insurance Fund member’’ and inserting

8 ‘‘savings association’’;

9 (D) in section 21A(b)(10)(A)(iv)(II) (12

10 U.S.C. 1441a(b)(10)(A)(iv)(II)), by striking

11 ‘‘Savings Association Insurance Fund’’ and in12 serting ‘‘Deposit Insurance Fund’’;

13 (E) in section 21B(e) (12 U.S.C.

14 1441b(e))—

15 (i) in paragraph (5), by inserting ‘‘as

16 of the date of funding’’ after ‘‘Savings As17 sociation Insurance Fund members’’ each

18 place such term appears;

19 (ii) by striking paragraph (7); and

20 (iii) by redesignating paragraph (8) as

21 paragraph (7); and

22 (F) in section 21B(k) (12 U.S.C.

23 1441b(k))—

24 (i) by striking paragraph (8); and
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1 (ii) by redesignating paragraphs (9)

2 and (10) as paragraphs (8) and (9), re3 spectively.

4 (12) AMENDMENTS TO THE HOME OWNERS’

5 LOAN ACT.—The Home Owners’ Loan Act (12

6 U.S.C. 1461 et seq.) is amended—

7 (A) in section 5—

8 (i) in subsection (c)(5)(A), by striking

9 ‘‘that is a member of the Bank Insurance

10 Fund’’;

11 (ii) in subsection (c)(6), by striking

12 ‘‘As used in this subsection—’’ and insert13 ing ‘‘For purposes of this subsection, the

14 following definitions shall apply:’’;

15 (iii) in subsection (o)(1), by striking

16 ‘‘that is a Bank Insurance Fund member’’;

17 (iv) in subsection (o)(2)(A), by strik18 ing ‘‘a Bank Insurance Fund member until

19 such time as it changes its status to a Sav20 ings Association Insurance Fund member’’

21 and inserting ‘‘insured by the Deposit In22 surance Fund’’;

23 (v) in subsection (t)(5)(D)(iii)(II), by

24 striking ‘‘affected deposit insurance fund’’

25 and inserting ‘‘Deposit Insurance Fund’’;
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1 (vi) in subsection (t)(7)(C)(i)(I), by

2 striking ‘‘affected deposit insurance fund’’

3 and inserting ‘‘Deposit Insurance Fund’’;

4 and

5 (vii) in subsection (v)(2)(A)(i), by

6 striking ‘‘, the Savings Association Insur7 ance Fund’’ and inserting ‘‘or the Deposit

8 Insurance Fund’’; and

9 (B) in section 10—

10 (i) in subsection (e)(1)(A)(iii)(VII), by

11 adding ‘‘or’’ at the end;

12 (ii) in subsection (e)(1)(A)(iv), by

13 adding ‘‘and’’ at the end;

14 (iii) in subsection (e)(1)(B), by strik15 ing ‘‘Savings Association Insurance Fund

16 or Bank Insurance Fund’’ and inserting

17 ‘‘Deposit Insurance Fund’’;

18 (iv) in subsection (e)(2), by striking

19 ‘‘Savings Association Insurance Fund or

20 the Bank Insurance Fund’’ and inserting

21 ‘‘Deposit Insurance Fund’’; and

22 (v) in subsection (m)(3), by striking

23 subparagraph (E), and by redesignating

24 subparagraphs (F), (G), and (H) as sub25 paragraphs (E), (F), and (G), respectively.
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1 (13) AMENDMENTS TO THE NATIONAL HOUSING

2 ACT.—The National Housing Act (12 U.S.C. 1701

3 et seq.) is amended—

4 (A) in section 317(b)(1)(B) (12 U.S.C.

5 1723i(b)(1)(B)), by striking ‘‘Bank Insurance

6 Fund for banks or through the Savings Asso7 ciation Insurance Fund for savings associa8 tions’’ and inserting ‘‘Deposit Insurance Fund’’;

9 and

10 (B) in section 526(b)(1)(B)(ii) (12 U.S.C.

11 1735f–14(b)(1)(B)(ii)), by striking ‘‘Bank In12 surance Fund for banks and through the Sav13 ings Association Insurance Fund for savings as14 sociations’’ and inserting ‘‘Deposit Insurance

15 Fund’’.

16 (14) FURTHER AMENDMENTS TO THE FEDERAL

17 DEPOSIT INSURANCE ACT.—The Federal Deposit In18 surance Act (12 U.S.C. 1811 et seq.) is amended—

19 (A) in section 3(a)(1) (12 U.S.C.

20 1813(a)(1)), by striking subparagraph (B) and

21 inserting the following:

22 ‘‘(B) includes any former savings associa23 tion.’’;

24 (B) in section 5(b)(5) (12 U.S.C.

25 1815(b)(5)), by striking ‘‘the Bank Insurance
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1 Fund or the Savings Association Insurance

2 Fund;’’ and inserting ‘‘Deposit Insurance

3 Fund,’’;

4 (C) in section 5(d) (12 U.S.C. 1815(d)),

5 by striking paragraphs (2) and (3);

6 (D) in section 5(d)(1) (12 U.S.C.

7 1815(d)(1))—

8 (i) in subparagraph (A), by striking

9 ‘‘reserve ratios in the Bank Insurance

10 Fund and the Savings Association Insur11 ance Fund’’ and inserting ‘‘the reserve

12 ratio of the Deposit Insurance Fund’’;

13 (ii) by striking subparagraph (B) and

14 inserting the following:

15 ‘‘(2) FEE CREDITED TO THE DEPOSIT INSUR16 ANCE FUND.—The fee paid by the depository insti17 tution under paragraph (1) shall be credited to the

18 Deposit Insurance Fund.’’;

19 (iii) by striking ‘‘(1) UNINSURED IN20 STITUTIONS.—’’; and

21 (iv) by redesignating subparagraphs

22 (A) and (C) as paragraphs (1) and (3), re23 spectively, and moving the margins 2 ems

24 to the left;

25 (E) in section 5(e) (12 U.S.C. 1815(e))—
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1 (i) in paragraph (5)(A), by striking

2 ‘‘Bank Insurance Fund or the Savings As3 sociation Insurance Fund’’ and inserting

4 ‘‘Deposit Insurance Fund’’;

5 (ii) by striking paragraph (6); and

6 (iii) by redesignating paragraphs (7),

7 (8), and (9) as paragraphs (6), (7), and

8 (8), respectively;

9 (F) in section 6(5) (12 U.S.C. 1816(5)),

10 by striking ‘‘Bank Insurance Fund or the Sav11 ings Association Insurance Fund’’ and inserting

12 ‘‘Deposit Insurance Fund’’;

13 (G) in section 7(b) (12 U.S.C. 1817(b))—

14 (i) in paragraph (1)(D), by striking

15 ‘‘each deposit insurance fund’’ and insert16 ing ‘‘the Deposit Insurance Fund’’;

17 (ii) in clauses (i)(I) and (iv) of para18 graph (2)(A), by striking ‘‘each deposit in19 surance fund’’ each place such term ap20 pears and inserting ‘‘the Deposit Insurance

21 Fund’’;

22 (iii) in paragraph (2)(A)(iii), by strik23 ing ‘‘a deposit insurance fund’’ and insert24 ing ‘‘the Deposit Insurance Fund’’;
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1 (iv) by striking clause (iv) of para2 graph (2)(A);

3 (v) in paragraph (2)(C) (as redesig4 nated by paragraph (6)(B) of this sub5 section)—

6 (I) by striking ‘‘any deposit in7 surance fund’’ and inserting ‘‘the De8 posit Insurance Fund’’; and

9 (II) by striking ‘‘that fund’’ each

10 place such term appears and inserting

11 ‘‘the Deposit Insurance Fund’’;

12 (vi) in paragraph (2)(D) (as redesig13 nated by paragraph (6)(B) of this sub14 section)—

15 (I) in the subparagraph heading,

16 by striking ‘‘FUNDS ACHIEVE’’ and in17 serting ‘‘FUND ACHIEVES’’; and

18 (II) by striking ‘‘a deposit insur19 ance fund’’ and inserting ‘‘the Deposit

20 Insurance Fund’’;

21 (vii) in paragraph (3)—

22 (I) in the paragraph heading, by

23 striking ‘‘FUNDS’’ and inserting

24 ‘‘FUND’’;
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1 (II) by striking ‘‘members of that

2 fund’’ where such term appears in the

3 portion of subparagraph (A) which

4 precedes clause (i) of such subpara5 graph and inserting ‘‘insured deposi6 tory institutions’’;

7 (III) by striking ‘‘that fund’’

8 each place such term appears (other

9 than in connection with term amended

10 in subclause (II) of this clause) and

11 inserting ‘‘the Deposit Insurance

12 Fund’’;

13 (IV) in subparagraph (A), by

14 striking ‘‘Except as provided in para15 graph (2)(F), if’’ and inserting ‘‘If’’;

16 (V) in subparagraph (A), by

17 striking ‘‘any deposit insurance fund’’

18 and inserting ‘‘the Deposit Insurance

19 Fund’’; and

20 (VI) by striking subparagraphs

21 (C) and (D) and inserting the follow22 ing:

23 ‘‘(C) AMENDING SCHEDULE.—The Cor24 poration may, by regulation, amend a schedule

25 prescribed under subparagraph (B).’’; and
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1 (viii) in paragraph (6)—

2 (I) by striking ‘‘any such assess3 ment’’ and inserting ‘‘any such assess4 ment is necessary’’;

5 (II) by striking ‘‘(A) is nec6 essary—’’;

7 (III) by striking subparagraph

8 (B);

9 (IV) by redesignating clauses (i),

10 (ii), and (iii) as subparagraphs (A),

11 (B), and (C), respectively, and moving

12 the margins 2 ems to the left; and

13 (V) in subparagraph (C) (as re14 designated), by striking ‘‘; and’’ and

15 inserting a period;

16 (H) in section 11(f)(1) (12 U.S.C.

17 1821(f)(1)), by striking ‘‘, except that—’’ and

18 all that follows through the end of the para19 graph and inserting a period;

20 (I) in section 11(i)(3) (12 U.S.C.

21 1821(i)(3))—

22 (i) by striking subparagraph (B);

23 (ii) by redesignating subparagraph

24 (C) as subparagraph (B); and
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1 (iii) in subparagraph (B) (as redesig2 nated), by striking ‘‘subparagraphs (A)

3 and (B)’’ and inserting ‘‘subparagraph

4 (A)’’;

5 (J) in section 11A(a) (12 U.S.C.

6 1821a(a))—

7 (i) in paragraph (2), by striking ‘‘LI8 ABILITIES.—’’ and all that follows through

9 ‘‘Except’’ and inserting ‘‘LIABILITIES.—

10 Except’’;

11 (ii) by striking paragraph (2)(B); and

12 (iii) in paragraph (3), by striking ‘‘the

13 Bank Insurance Fund, the Savings Asso14 ciation Insurance Fund,’’ and inserting

15 ‘‘the Deposit Insurance Fund’’;

16 (K) in section 11A(b) (12 U.S.C.

17 1821a(b)), by striking paragraph (4);

18 (L) in section 11A(f) (12 U.S.C.

19 1821a(f)), by striking ‘‘Savings Association In20 surance Fund’’ and inserting ‘‘Deposit Insur21 ance Fund’’;

22 (M) in section 13 (12 U.S.C. 1823)—

23 (i) in subsection (a)(1), by striking

24 ‘‘Bank Insurance Fund, the Savings Asso25 ciation Insurance Fund,’’ and inserting
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1 ‘‘Deposit Insurance Fund, the Special Re2 serve of the Deposit Insurance Fund,’’;

3 (ii) in subsection (c)(4)(E)—

4 (I) in the subparagraph heading,

5 by striking ‘‘FUNDS’’ and inserting

6 ‘‘FUND’’; and

7 (II) in clause (i), by striking

8 ‘‘any insurance fund’’ and inserting

9 ‘‘the Deposit Insurance Fund’’;

10 (iii) in subsection (c)(4)(G)(ii)—

11 (I) by striking ‘‘appropriate in12 surance fund’’ and inserting ‘‘Deposit

13 Insurance Fund’’;

14 (II) by striking ‘‘the members of

15 the insurance fund (of which such in16 stitution is a member)’’ and inserting

17 ‘‘insured depository institutions’’;

18 (III) by striking ‘‘each mem19 ber’s’’ and inserting ‘‘each insured de20 pository institution’s’’; and

21 (IV) by striking ‘‘the member’s’’

22 each place such term appears and in23 serting ‘‘the institution’s’’;

24 (iv) in subsection (c), by striking

25 paragraph (11);
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1 (v) in subsection (h), by striking

2 ‘‘Bank Insurance Fund’’ and inserting

3 ‘‘Deposit Insurance Fund’’;

4 (vi) in subsection (k)(4)(B)(i), by

5 striking ‘‘Savings Association Insurance

6 Fund’’ and inserting ‘‘Deposit Insurance

7 Fund’’; and

8 (vii) in subsection (k)(5)(A), by strik9 ing ‘‘Savings Association Insurance Fund’’

10 and inserting ‘‘Deposit Insurance Fund’’;

11 (N) in section 14(a) (12 U.S.C. 1824(a))

12 in the 5th sentence—

13 (i) by striking ‘‘Bank Insurance Fund

14 or the Savings Association Insurance

15 Fund’’ and inserting ‘‘Deposit Insurance

16 Fund’’; and

17 (ii) by striking ‘‘each such fund’’ and

18 inserting ‘‘the Deposit Insurance Fund’’;

19 (O) in section 14(b) (12 U.S.C. 1824(b)),

20 by striking ‘‘Bank Insurance Fund or Savings

21 Association Insurance Fund’’ and inserting

22 ‘‘Deposit Insurance Fund’’;

23 (P) in section 14(c) (12 U.S.C. 1824(c)),

24 by striking paragraph (3);
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1 (Q) in section 14(d) (12 U.S.C.

2 1824(d))—

3 (i) by striking ‘‘BIF’’ each place such

4 term appears and inserting ‘‘DIF’’; and

5 (ii) by striking ‘‘Bank Insurance

6 Fund’’ each place such term appears and

7 inserting ‘‘Deposit Insurance Fund’’;

8 (R) in section 15(c)(5) (12 U.S.C.

9 1825(c)(5))—

10 (i) by striking ‘‘the Bank Insurance

11 Fund or Savings Association Insurance

12 Fund, respectively’’ each place such term

13 appears and inserting ‘‘the Deposit Insur14 ance Fund’’; and

15 (ii) in subparagraph (B), by striking

16 ‘‘the Bank Insurance Fund or the Savings

17 Association Insurance Fund, respectively’’

18 and inserting ‘‘the Deposit Insurance

19 Fund’’;

20 (S) in section 17(a) (12 U.S.C. 1827(a))—

21 (i) in the subsection heading, by strik22 ing ‘‘BIF, SAIF,’’ and inserting ‘‘THE DE23 POSIT INSURANCE FUND’’; and

24 (ii) in paragraph (1), by striking ‘‘the

25 Bank Insurance Fund, the Savings Asso-
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1 ciation Insurance Fund,’’ each place such

2 term appears and inserting ‘‘the Deposit

3 Insurance Fund’’;

4 (T) in section 17(d) (12 U.S.C. 1827(d)),

5 by striking ‘‘the Bank Insurance Fund, the

6 Savings Association Insurance Fund,’’ each

7 place such term appears and inserting ‘‘the De8 posit Insurance Fund’’;

9 (U) in section 18(m)(3) (12 U.S.C.

10 1828(m)(3))—

11 (i) by striking ‘‘Savings Association

12 Insurance Fund’’ each place such term ap13 pears and inserting ‘‘Deposit Insurance

14 Fund’’; and

15 (ii) in subparagraph (C), by striking

16 ‘‘or the Bank Insurance Fund’’;

17 (V) in section 18(p) (12 U.S.C. 1828(p)),

18 by striking ‘‘deposit insurance funds’’ and in19 serting ‘‘Deposit Insurance Fund’’;

20 (W) in section 24 (12 U.S.C. 1831a) in

21 subsections (a)(1) and (d)(1)(A), by striking

22 ‘‘appropriate deposit insurance fund’’ each

23 place such term appears and inserting ‘‘Deposit

24 Insurance Fund’’;
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1 (X) in section 28 (12 U.S.C. 1831e), by

2 striking ‘‘affected deposit insurance fund’’ each

3 place such term appears and inserting ‘‘Deposit

4 Insurance Fund’’;

5 (Y) by striking section 31 (12 U.S.C.

6 1831h);

7 (Z) in section 36(i)(3) (12 U.S.C.

8 1831m(i)(3)) by striking ‘‘affected deposit in9 surance fund’’ and inserting ‘‘Deposit Insur10 ance Fund’’;

11 (AA) in section 38(a) (12 U.S.C.

12 1831o(a)) in the subsection heading, by striking

13 ‘‘FUNDS’’ and inserting ‘‘FUND’’;

14 (BB) in section 38(k) (12 U.S.C.

15 1831o(k))—

16 (i) in paragraph (1), by striking ‘‘a

17 deposit insurance fund’’ and inserting ‘‘the

18 Deposit Insurance Fund’’; and

19 (ii) in paragraph (2)(A)—

20 (I) by striking ‘‘A deposit insur21 ance fund’’ and inserting ‘‘The De22 posit Insurance Fund’’; and

23 (II) by striking ‘‘the deposit in24 surance fund’s outlays’’ and inserting
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1 ‘‘the outlays of the Deposit Insurance

2 Fund’’; and

3 (CC) in section 38(o) (12 U.S.C.

4 1831o(o))—

5 (i) by striking ‘‘ASSOCIATIONS.—’’

6 and all that follows through ‘‘Subsections

7 (e)(2)’’ and inserting ‘‘ASSOCIATIONS.—

8 Subsections (e)(2)’’;

9 (ii) by redesignating subparagraphs

10 (A), (B), and (C) as paragraphs (1), (2),

11 and (3), respectively, and moving the mar12 gins 2 ems to the left; and

13 (iii) in paragraph (1) (as redesig14 nated), by redesignating clauses (i) and (ii)

15 as subparagraphs (A) and (B), respec16 tively, and moving the margins 2 ems to

17 the left.

18 (15) AMENDMENTS TO THE FINANCIAL INSTI19 TUTIONS REFORM, RECOVERY, AND ENFORCEMENT

20 ACT OF 1989.—The Financial Institutions Reform,

21 Recovery, and Enforcement Act is amended—

22 (A) in section 951(b)(3)(B) (12 U.S.C.

23 1833a(b)(3)(B)), by striking ‘‘Bank Insurance

24 Fund, the Savings Association Insurance
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1 Fund,’’ and inserting ‘‘Deposit Insurance

2 Fund’’; and

3 (B) in section 1112(c)(1)(B) (12 U.S.C.

4 3341(c)(1)(B)), by striking ‘‘Bank Insurance

5 Fund, the Savings Association Insurance

6 Fund,’’ and inserting ‘‘Deposit Insurance

7 Fund’’.

8 (16) AMENDMENT TO THE BANK ENTERPRISE

9 ACT OF 1991.—Section 232(a)(1) of the Bank En10 terprise Act of 1991 (12 U.S.C. 1834(a)(1)) is

11 amended by striking ‘‘section 7(b)(2)(H)’’ and in12 serting ‘‘section 7(b)(2)(G)’’.

13 (17) AMENDMENT TO THE BANK HOLDING

14 COMPANY ACT OF 1956.—Section 2(j)(2) of the

15 Bank Holding Company Act of 1956 (12 U.S.C.

16 1841(j)(2)) is amended by striking ‘‘Savings Asso17 ciation Insurance Fund’’ and inserting ‘‘Deposit In18 surance Fund’’.

19 SEC. 2705. CREATION OF SAIF SPECIAL RESERVE.

20 Section 11(a)(6) of the Federal Deposit Insurance

21 Act (12 U.S.C. 1821(a)(6)) is amended by adding at the

22 end the following new subparagraph:

23 ‘‘(L) ESTABLISHMENT OF SAIF SPECIAL RE24 SERVE.—
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1 ‘‘(i) ESTABLISHMENT.—If, on January 1,

2 1999, the reserve ratio of the Savings Associa3 tion Insurance Fund exceeds the designated re4 serve ratio, there is established a Special Re5 serve of the Savings Association Insurance

6 Fund, which shall be administered by the Cor7 poration and shall be invested in accordance

8 with section 13(a).

9 ‘‘(ii) AMOUNTS IN SPECIAL RESERVE.—If,

10 on January 1, 1999, the reserve ratio of the

11 Savings Association Insurance Fund exceeds

12 the designated reserve ratio, the amount by

13 which the reserve ratio exceeds the designated

14 reserve ratio shall be placed in the Special Re15 serve of the Savings Association Insurance

16 Fund established by clause (i).

17 ‘‘(iii) LIMITATION.—The Corporation shall

18 not provide any assessment credit, refund, or

19 other payment from any amount in the Special

20 Reserve of the Savings Association Insurance

21 Fund.

22 ‘‘(iv) EMERGENCY USE OF SPECIAL RE23 SERVE.—Notwithstanding clause (iii), the Cor24 poration may, in its sole discretion, transfer

25 amounts from the Special Reserve of the Sav-
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1 ings Association Insurance Fund to the Savings

2 Association Insurance Fund for the purposes

3 set forth in paragraph (4), only if—

4 ‘‘(I) the reserve ratio of the Savings

5 Association Insurance Fund is less than 50

6 percent of the designated reserve ratio; and

7 ‘‘(II) the Corporation expects the re8 serve ratio of the Savings Association In9 surance Fund to remain at less than 50

10 percent of the designated reserve ratio for

11 each of the next 4 calendar quarters.

12 ‘‘(v) EXCLUSION OF SPECIAL RESERVE IN

13 CALCULATING RESERVE RATIO.—Notwithstand14 ing any other provision of law, any amounts in

15 the Special Reserve of the Savings Association

16 Insurance Fund shall be excluded in calculating

17 the reserve ratio of the Savings Association In18 surance Fund.’’.

19 SEC. 2706. REFUND OF AMOUNTS IN DEPOSIT INSURANCE

20 FUND IN EXCESS OF DESIGNATED RESERVE

21 AMOUNT.

22 Subsection (e) of section 7 of the Federal Deposit In23 surance Act (12 U.S.C. 1817(e)) is amended to read as

24 follows:

25 ‘‘(e) REFUNDS.—
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1 ‘‘(1) OVERPAYMENTS.—In the case of any pay2 ment of an assessment by an insured depository in3 stitution in excess of the amount due to the Cor4 poration, the Corporation may—

5 ‘‘(A) refund the amount of the excess pay6 ment to the insured depository institution; or

7 ‘‘(B) credit such excess amount toward the

8 payment of subsequent semiannual assessments

9 until such credit is exhausted.

10 ‘‘(2) BALANCE IN INSURANCE FUND IN EXCESS

11 OF DESIGNATED RESERVE.—

12 ‘‘(A) IN GENERAL.—Subject to subpara13 graphs (B) and (C), if, as of the end of any

14 semiannual assessment period beginning after

15 the date of the enactment of the Deposit Insur16 ance Funds Act of 1996, the amount of the ac17 tual reserves in—

18 ‘‘(i) the Bank Insurance Fund (until

19 the merger of such fund into the Deposit

20 Insurance Fund pursuant to section 2704

21 of the Deposit Insurance Funds Act of

22 1996); or

23 ‘‘(ii) the Deposit Insurance Fund

24 (after the establishment of such fund),
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1 exceeds the balance required to meet the des2 ignated reserve ratio applicable with respect to

3 such fund, such excess amount shall be re4 funded to insured depository institutions by the

5 Corporation on such basis as the Board of Di6 rectors determines to be appropriate, taking

7 into account the factors considered under the

8 risk-based assessment system.

9 ‘‘(B) REFUND NOT TO EXCEED PREVIOUS

10 SEMIANNUAL ASSESSMENT.—The amount of

11 any refund under this paragraph to any mem12 ber of a deposit insurance fund for any semi13 annual assessment period may not exceed the

14 total amount of assessments paid by such mem15 ber to the insurance fund with respect to such

16 period.

17 ‘‘(C) REFUND LIMITATION FOR CERTAIN

18 INSTITUTIONS.—No refund may be made under

19 this paragraph with respect to the amount of

20 any assessment paid for any semiannual assess21 ment period by any insured depository institu22 tion described in clause (v) of subsection

23 (b)(2)(A).’’.
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1 SEC. 2707. ASSESSMENT RATES FOR SAIF MEMBERS MAY

2 NOT BE LESS THAN ASSESSMENT RATES FOR

3 BIF MEMBERS.

4 Section 7(b)(2)(C) of the Federal Deposit Insurance

5 Act (12 U.S.C. 1817(b)(2)(E), as redesignated by section

6 2704(d)(6) of this subtitle) is amended—

7 (1) by striking ‘‘and’’ at the end of clause (i);

8 (2) by striking the period at the end of clause

9 (ii) and inserting ‘‘; and’’; and

10 (3) by adding at the end the following new

11 clause:

12 ‘‘(iii) notwithstanding any other provi13 sion of this subsection, during the period

14 beginning on the date of enactment of the

15 Deposit Insurance Funds Act of 1996, and

16 ending on December 31, 1998, the assess17 ment rate for a Savings Association Insur18 ance Fund member may not be less than

19 the assessment rate for a Bank Insurance

20 Fund member that poses a comparable

21 risk to the deposit insurance fund.’’.

22 SEC. 2708. ASSESSMENTS AUTHORIZED ONLY IF NEEDED

23 TO MAINTAIN THE RESERVE RATIO OF A DE24 POSIT INSURANCE FUND.

25 (a) IN GENERAL.—Section 7(b)(2)(A)(i) of the Fed26 eral Deposit Insurance Act (12 U.S.C. 1817(b)(2)(A)(i))
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1 is amended in the matter preceding subclause (I) by in2 serting ‘‘when necessary, and only to the extent nec3 essary’’ after ‘‘insured depository institutions’’.

4 (b) LIMITATION ON ASSESSMENT.—Section

5 7(b)(2)(A)(iii) of the Federal Deposit Insurance Act (12

6 U.S.C. 1817(b)(2)(A)(iii)) is amended to read as follows:

7 ‘‘(iii) LIMITATION ON ASSESSMENT.—

8 Except as provided in clause (v), the Board

9 of Directors shall not set semiannual as10 sessments with respect to a deposit insur11 ance fund in excess of the amount need12 ed—

13 ‘‘(I) to maintain the reserve ratio

14 of the fund at the designated reserve

15 ratio; or

16 ‘‘(II) if the reserve ratio is less

17 than the designated reserve ratio, to

18 increase the reserve ratio to the des19 ignated reserve ratio.’’.

20 (c) EXCEPTION TO LIMITATION ON ASSESSMENTS.—

21 Section 7(b)(2)(A) of the Federal Deposit Insurance Act

22 (12 U.S.C. 1817(b)(2)(A)) is amended by adding at the

23 end the following new clause:

24 ‘‘(v) EXCEPTION TO LIMITATION ON

25 ASSESSMENTS.—The Board of Directors
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1 may set semiannual assessments in excess

2 of the amount permitted under clauses (i)

3 and (iii) with respect to insured depository

4 institutions that exhibit financial, oper5 ational, or compliance weaknesses ranging

6 from moderately severe to unsatisfactory,

7 or are not well capitalized, as that term is

8 defined in section 38.’’.

9 SEC. 2709. TREASURY STUDY OF COMMON DEPOSITORY IN10 STITUTION CHARTER.

11 (a) STUDY REQUIRED.—The Secretary of the Treas12 ury shall conduct a study of all issues which the Secretary

13 considers to be relevant with respect to the development

14 of a common charter for all insured depository institutions

15 (as defined in section 3 of the Federal Deposit Insurance

16 Act) and the abolition of separate and distinct charters

17 between banks and savings associations.

18 (b) REPORT TO THE CONGRESS.—

19 (1) IN GENERAL.—The Secretary of the Treas20 ury shall submit a report to the Congress on or be21 fore March 31, 1997, containing the findings and

22 conclusions of the Secretary in connection with the

23 study conducted pursuant to subsection (a).
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1 (2) DETAILED ANALYSIS AND RECOMMENDA2 TIONS.—The report under paragraph (1) shall in3 clude—

4 (A) a detailed analysis of each issue the

5 Secretary considered relevant to the subject of

6 the study;

7 (B) recommendations of the Secretary with

8 regard to the establishment of a common char9 ter for insured depository institutions (as de10 fined in section 3 of the Federal Deposit Insur11 ance Act); and

12 (C) such recommendations for legislative

13 and administrative action as the Secretary de14 termines to be appropriate to implement the

15 recommendations of the Secretary under sub16 paragraph (B).

17 SEC. 2710. DEFINITIONS.

18 For purposes of this subtitle, the following definitions

19 shall apply:

20 (1) BANK INSURANCE FUND.—The term ‘‘Bank

21 Insurance Fund’’ means the fund established pursu22 ant to section (11)(a)(5)(A) of the Federal Deposit

23 Insurance Act, as that section existed on the day be24 fore the date of enactment of this Act.
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1 (2) BIF MEMBER, SAIF MEMBER.—The terms

2 ‘‘Bank Insurance Fund member’’ and ‘‘Savings As3 sociation Insurance Fund member’’ have the same

4 meanings as in section 7(l) of the Federal Deposit

5 Insurance Act.

6 (3) VARIOUS BANKING TERMS.—The terms

7 ‘‘bank’’, ‘‘Board of Directors’’, ‘‘Corporation’’, ‘‘de8 posit’’, ‘‘insured depository institution’’, ‘‘Federal

9 savings association’’, ‘‘savings association’’, ‘‘State

10 savings bank’’, and ‘‘State depository institution’’

11 have the same meanings as in section 3 of the Fed12 eral Deposit Insurance Act.

13 (4) DEPOSIT INSURANCE FUND.—The term

14 ‘‘Deposit Insurance Fund’’ means the fund estab15 lished under section 11(a)(4) of the Federal Deposit

16 Insurance Act (as amended by section 2704(d) of

17 this subtitle).

18 (5) DEPOSITORY INSTITUTION HOLDING COM19 PANY.—The term ‘‘depository institution holding

20 company’’ has the same meaning as in section 3 of

21 the Federal Deposit Insurance Act.

22 (6) DESIGNATED RESERVE RATIO.—The term

23 ‘‘designated reserve ratio’’ has the same meaning as

24 in section 7(b)(2)(A)(iv) of the Federal Deposit In25 surance Act.
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1 (7) SAIF.—The term ‘‘Savings Association In2 surance Fund’’ means the fund established pursuant

3 to section 11(a)(6)(A) of the Federal Deposit Insur4 ance Act, as that section existed on the day before

5 the date of enactment of this Act.

6 (8) SAIF-ASSESSABLE DEPOSIT.—The term

7 ‘‘SAIF-assessable deposit’’—

8 (A) means a deposit that is subject to as9 sessment for purposes of the Savings Associa10 tion Insurance Fund under the Federal Deposit

11 Insurance Act (including a deposit that is treat12 ed as insured by the Savings Association Insur13 ance Fund under section 5(d)(3) of the Federal

14 Deposit Insurance Act); and

15 (B) includes any deposit described in sub16 paragraph (A) which is assumed after March

17 31, 1995, if the insured depository institution,

18 the deposits of which are assumed, is not an in19 sured depository institution when the special as20 sessment is imposed under section 2702(a).

21 SEC. 2711. DEDUCTION FOR SPECIAL ASSESSMENTS.

22 For purposes of subtitle A of the Internal Revenue

23 Code of 1986—

24 (1) the amount allowed as a deduction under

25 section 162 of such Code for a taxable year shall in-
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1 clude any amount paid during such year by reason

2 of an assessment under section 2702 of this subtitle,

3 and

4 (2) section 172(f) of such Code shall not apply

5 to any deduction described in paragraph (1).

6 TITLE III—SPECTRUM

7 ALLOCATION PROVISIONS

8 SEC. 3001. COMPETITIVE BIDDING FOR SPECTRUM.

9 (a) COMMISSION OBLIGATION TO MAKE ADDI10 TIONAL SPECTRUM AVAILABLE.—The Federal Commu11 nications Commission shall—

12 (1) reallocate the use of frequencies at 2305–

13 2320 megahertz and 2345–2360 megahertz to wire14 less services that are consistent with international

15 agreements concerning spectrum allocations; and

16 (2) assign the use of such frequencies by com17 petitive bidding pursuant to section 309(j) of the

18 Communications Act of 1934 (47 U.S.C. 309(j)).

19 (b) ADDITIONAL REQUIREMENTS.—In making the

20 bands of frequencies described in subsection (a) available

21 for competitive bidding, the Commission shall—

22 (1) seek to promote the most efficient use of

23 the spectrum; and

24 (2) take into account the needs of public safety

25 radio services.
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1 (c) EXPEDITED PROCEDURES.—The Commission

2 shall commence the competitive bidding for the assign3 ment of the frequencies described in subsection (a)(1) no

4 later than April 15, 1997. The rules governing such fre5 quencies shall be effective immediately upon publication

6 in the Federal Register notwithstanding section 553(d),

7 801(a)(3), and 806(a) of title 5, United States Code.

8 Chapter 6 of such title, and sections 3507 and 3512 of

9 title 44, United States Code, shall not apply to the rules

10 and competitive bidding procedures governing such fre11 quencies. Notwithstanding section 309(b) of the Commu12 nications Act of 1934 (47 U.S.C. 309(b)), no application

13 for an instrument of authorization for such frequencies

14 shall be granted by the Commission earlier than 7 days

15 following issuance of public notice by the Commission of

16 the acceptance for filing of such application or of any

17 substantial amendment thereto. Notwithstanding section

18 309(d)(1) of such Act (47 U.S.C. 309(d)(1)), the Com19 mission may specify a period (no less than 5 days follow20 ing issuance of such public notice) for the filing of peti21 tions to deny any application for an instrument of au22 thorization for such frequencies.

23 (d) DEADLINE FOR COLLECTION.—The Commis24 sion shall conduct the competitive bidding under sub25 section (a)(2) in a manner that ensures that all proceeds
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1 of the bidding are deposited in accordance with section

2 309(j)(8) of the Communications Act of 1934 not later

3 September 30, 1997.

4 TITLE IV—ADJUSTMENT OF

5 PAYGO BALANCES

6 SEC. 4001. ADJUSTMENT OF PAYGO BALANCES.

7 For purposes of section 252 of the Balanced

8 Budget and Emergency Deficit Control Act of 1985, on

9 the calendar day after the Director of the Office of Man10 agement and Budget issues the final sequestration report

11 for fiscal year 1997, the Director and the Director of the

12 Congressional Budget Office shall change the balances

13 (as computed pursuant to section 252(b) of that Act) of

14 direct spending and receipts legislation—

15 (1) for fiscal year 1997 to zero if such balance

16 for the fiscal year is not an increase in the deficit.
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1 TITLE V—ADDITIONAL

2 APPROPRIATIONS

3 CHAPTER 1

4 DEPARTMENT OF AGRICULTURE, RURAL DE5 VELOPMENT, FOOD AND DRUG ADMINIS6 TRATION, AND RELATED AGENCIES

7 DEPARTMENT OF AGRICULTURE

8 COOPERATIVE STATE RESEARCH, EDUCATION, AND

9 EXTENSION SERVICE

10 EXTENSION ACTIVITIES

11 For an additional amount for payments for coop12 erative extension work by the colleges receiving the bene13 fits of the second Morrill Act (7 U.S.C. 321–326, 328)

14 and Tuskegee University, $753,000.

15 NATURAL RESOURCES CONSERVATION SERVICE

16 WATERSHED AND FLOOD PREVENTION OPERATIONS

17 For an additional amount to repair damages to

18 the waterways and watersheds resulting from the effects

19 of Hurricanes Fran and Hortense and other natural dis20 asters, $63,000,000, to remain available until expended:

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.
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1 FARM SERVICE AGENCY

2 EMERGENCY CONSERVATION PROGRAM

3 For an additional amount for emergency expenses

4 resulting from the effects of Hurricanes Fran and

5 Hortense and other natural disasters, $25,000,000, to re6 main available until expended: Provided, That the entire

7 amount is designated by Congress as an emergency re8 quirement pursuant to section 251(b)(2)(D)(i) of the

9 Balanced Budget and Emergency Deficit Control Act of

10 1985, as amended.

11 CHAPTER 2

12 DISTRICT OF COLUMBIA

13 EDUCATION FACILITIES IMPROVEMENT IN THE DISTRICT

14 OF COLUMBIA

15 (BY TRANSFER)

16 SEC. 5201. The District of Columbia Financial

17 Responsibility and Management Assistance Authority (re18 ferred to in this section as the ‘‘Authority’’) shall have

19 the authority to contract with a private entity (or enti20 ties) to carry out a program of school facility repair of

21 public schools and public charter schools located in public

22 school facilities in the District of Columbia, in consulta23 tion with the General Services Administration: Provided,

24 That an amount estimated to be $40,700,000 is hereby

25 transferred and otherwise made available to the Author26 ity until expended for contracting as provided under this
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1 section, to be derived from transfers and reallocations as

2 follows: (1) funds made available under the heading

3 ‘‘PUBLIC EDUCATION SYSTEM’’ in Public Law 104–

4 194 for school repairs in a restricted line item; (2) all

5 capital financing authority made available from public

6 school capital improvements in Public Law 104–194; and

7 (3) all capital financing authority made available for pub8 lic school capital improvements which are or remain

9 available from Public Law 104–134 or any previous ap10 propriations Act for the District of Columbia: Provided

11 further, That the General Services Administration, in

12 consultation with the District of Columbia Public Schools

13 and the District of Columbia Council and subject to the

14 approval of the Authority and the Committees on Appro15 priations of the Senate and the House of Representatives,

16 shall provide program management services to assist in

17 the short-term management of the repairs and capital im18 provements: Provided further, That contracting author19 ized under this section shall be conducted in accordance

20 with Federal procurement rules and regulations and

21 guidelines or such guidelines as prescribed by the Author22 ity.

23 SPECIAL RULES REGARDING GENERAL OBLIGATION BOND

24 ACT

25 SEC. 5202. WAIVER OF CONGRESSIONAL RE26 VIEW.—Notwithstanding section 602(c)(1) of the District
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1 of Columbia Self-Government and Governmental Reorga2 nization Act (sec. 1–233(c)(1), D.C. Code), the General

3 Obligation Bond Act of 1996 (D.C. Bill 11–840), if en4 acted by the Council of the District of Columbia, shall

5 take effect on the date of the enactment of such Act or

6 the date of the enactment of this Act, whichever is later.

7 AMENDMENTS TO FINANCIAL RESPONSIBILITY AND

8 MANAGEMENT ASSISTANCE ACT

9 SEC. 5203. (a) CALUCULATION OF 7-DAY REVIEW

10 PERIOD FOR COUNCIL ACTS.—Section 203(a)(5) of the

11 District of Columbia Financial Responsibility and Man12 agement Assistance Act of 1995 (sec. 47–392.3(a)(5),

13 D.C. Code) is amended—

14 (1) by inserting ‘‘(excluding Saturdays, Sun15 days, and legal holidays)’’ after ‘‘7-day period’’ the

16 first place it appears; and

17 (2) by striking ‘‘the date the Council submits

18 the Act to the Authority’’ and inserting ‘‘the first

19 day (excluding Saturdays, Sundays, and legal holi20 days) after the Authority receives the Act from the

21 Council’’.

22 (b) SPECIFICATION OF PENALTY FOR PROHIB23 ITED ACTS.—Section 103(i)(1) of such Act (sec. 47–

24 391.3(i)(1), D.C. Code) is amended by striking the period

25 at the end and inserting the following: ‘‘, and shall be
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1 fined not more than $1,000, imprisoned for not more

2 than 1 year, or both.’’.

3 (c) WAIVER OF PRIVACY ACT REQUIREMENTS

4 FOR OBTAINING OFFICIAL DATA.—Section 103(c)(1) of

5 such Act (sec. 47–391.3(c)(1), D.C. Code) is amended by

6 striking ‘‘Act) and 552b’’ and inserting ‘‘Act), 552a (the

7 Privacy Act of 1974), and 552b’’.

8 (d) PERMITTING AUTHORITY REVIEW OF RULE9 MAKING.—Section 203(b) of such Act (sec. 47–392.3(b),

10 D.C. Code) is amended by adding at the end the follow11 ing new paragraph:

12 ‘‘(5) APPLICATION TO RULES AND REGULA13 TIONS.—The provisions of this subsection shall

14 apply with respect to a rule or regulation issued or

15 proposed to be issued by the Mayor (or the head of

16 any department or agency of the District govern17 ment) in the same manner as such provisions apply

18 to a contract or lease.’’.

19 (e) DEPOSIT OF ALL DISTRICT BORROWING WITH

20 AUTHORITY.—

21 (1) IN GENERAL.—Section 204 of such Act

22 (sec. 47–392.4, D.C. Code) is amended—

23 (A) by redesignating subsections (d) and

24 (e) as subsections (e) and (f); and
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1 (B) by inserting after subsection (c) the

2 following new subsection:

3 ‘‘(d) DEPOSIT OF BORROWED FUNDS WITH AU4 THORITY.—If the District government borrows funds

5 during a control year, the funds shall be deposited into

6 an escrow account held by the Authority, to be allocated

7 by the Authority to the Mayor at such intervals and in

8 accordance with such terms and conditions as it considers

9 appropriate, consistent with the financial plan and budg10 et for the year and with any other withholding of funds

11 by the Authority pursuant to this Act.’’.

12 (2) CONFORMING AMENDMENTS.—(A) Section

13 204(e) of such Act, as redesignated by paragraph

14 (1)(A), is amended by inserting after ‘‘(b)(1)’’ the

15 following: ‘‘or the escrow account described in sub16 section (d)’’.

17 (B) Section 206(d)(1) of such Act is amended

18 by striking ‘‘204(b)’’ and inserting ‘‘204(b), section

19 204(d),’’.

20 (f) GRANTING AUTHORITY POWER TO ISSUE GEN21 ERAL ORDERS.—Section 207 of such Act (sec. 47–392.7,

22 D.C. Code) is amended by adding at the end the follow23 ing new subsection:

24 ‘‘(d) ADDITIONAL POWER TO ISSUE ORDERS,

25 RULES, AND REGULATIONS.—
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1 ‘‘(1) IN GENERAL.—In addition to the authority

2 described in subsection (c), the Authority may at

3 any time issue such orders, rules, or regulations as

4 it considers appropriate to carry out the purposes of

5 this Act and the amendments made by this Act, to

6 the extent that the issuance of such an order, rule,

7 or regulation is within the authority of the Mayor or

8 the head of any department or agency of the District

9 government, and any such order, rule, or regulation

10 shall be legally binding to the same extent as if is11 sued by the Mayor or the head of any such depart12 ment or agency.

13 ‘‘(2) NOTIFICATION.—Upon issuing an order,

14 rule, or regulation pursuant to this subsection, the

15 Authority shall notify the Mayor, the Council, the

16 President, and Congress.

17 ‘‘(3) NO JUDICIAL REVIEW OF DECISION TO

18 ISSUE ORDER.—The decision by the Authority to

19 issue an order, rule, or regulation pursuant to this

20 subsection shall be final and shall not be subject to

21 judicial review.’’.

22 PROHIBITING FUNDING FOR TERMINATED EMPLOYEES OR

23 CONTRACTORS

24 SEC. 5204. (a) IN GENERAL.—Except as provided

25 in subsection (b), none of the funds made available to the

26 District of Columbia during any fiscal year (beginning
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1 with fiscal year 1996) may be used to pay the salary or

2 wages of any individual whose employment by the Dis3 trict government is no longer required as determined by

4 the District of Columbia Financial Responsibility and

5 Management Assistance Authority, or to pay any ex6 penses associated with a contractor or consultant of the

7 District government whose contract or arrangement with

8 the District government is no longer required as deter9 mined by the Authority.

10 (b) EXCEPTION FOR PAYMENTS FOR SERVICES

11 ALREADY PROVIDED.—Funds made available to the Dis12 trict of Columbia may be used to pay an individual for

13 employment already performed at the time of the

14 Authority’s determination, or to pay a contractor or con15 sultant for services already provided at the time of the

16 Authority’s determination, to the extent permitted by the

17 District of Columbia Financial Responsibility and Man18 agement Assistance Authority.

19 (c) DISTRICT GOVERNMENT DEFINED.—In this

20 section, the term ‘‘District government’’ has the meaning

21 given such term in section 305(5) of the District of Co22 lumbia Financial Responsibility and Management Assist23 ance Act of 1995.
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1 AMENDMENTS TO DISTRICT OF COLUMBIA SCHOOL

2 REFORM ACT OF 1995

3 SEC. 5205. (a) PROCESS FOR FILING CHARTER

4 PETITIONS.—Section 2201 of the District of Columbia

5 School Reform Act of 1995 (Public Law 104–134; 110

6 Stat. 1321–115) is amended by adding at the end the fol7 lowing:

8 ‘‘(d) LIMITATIONS ON FILING.—

9 ‘‘(1) MULTIPLE CHARTERING AUTHORITIES.—

10 An eligible applicant may not file the same petition

11 to establish a public charter school with more than

12 1 eligible chartering authority during a calendar

13 year.

14 ‘‘(2) MULTIPLE PETITIONS.—An eligible appli15 cant may not file more than 1 petition to establish

16 a public charter school during a calendar year.’’.

17 (b) CONTENTS OF PETITION.—Section

18 2202(6)(B) of the District of Columbia School Reform

19 Act of 1995 (110 Stat. 1321–116) is amended to read

20 as follows:

21 ‘‘(B) either—

22 ‘‘(i)(I) an identification of a facility

23 for the school, including a description of

24 the site where the school will be located,

25 any buildings on the site, and any build-
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1 ings proposed to be constructed on the

2 site, and (II) information demonstrating

3 that the eligible applicant has acquired

4 title to, or otherwise secured the use of,

5 the facility; or

6 ‘‘(ii) a timetable by which an identi7 fication described in clause (i)(I) will be

8 made, and the information described in

9 clause (i)(II) will be submitted, to the eligi10 ble chartering authority;’’.

11 (c) PROCESS FOR APPROVING OR DENYING PUB12 LIC CHARTER SCHOOL PETITIONS.—Section 2203 of the

13 District of Columbia School Reform Act of 1995 (110

14 Stat. 1321–118) is amended—

15 (1) by amending subsection (d) to read as fol16 lows:

17 ‘‘(d) APPROVAL.—

18 ‘‘(1) IN GENERAL.—Subject to subsection (i)

19 and paragraph (2), an eligible chartering authority

20 shall approve a petition to establish a public charter

21 school, if—

22 ‘‘(A) the eligible chartering authority de23 termines that the petition satisfies the require24 ments of this subtitle;
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1 ‘‘(B) the eligible applicant who filed the

2 petition agrees to satisfy any condition or re3 quirement, consistent with this subtitle and

4 other applicable law, that is set forth in writing

5 by the eligible chartering authority as an

6 amendment to the petition;

7 ‘‘(C) the eligible chartering authority de8 termines that the public charter school has the

9 ability to meet the educational objectives out10 lined in the petition; and

11 ‘‘(D) the approval will not cause the eligi12 ble chartering authority to exceed a limit under

13 subsection (i).

14 ‘‘(2) CONDITIONAL APPROVAL.—

15 ‘‘(A) IN GENERAL.—In the case of a peti16 tion that does not contain the identification and

17 information required under section

18 2202(6)(B)(i), but does contain the timetable

19 required under section 2202(6)(B)(ii), an eligi20 ble chartering authority may only approve the

21 petition on a conditional basis, subject to the el22 igible applicant’s submitting the identification

23 and information described in section

24 2202(6)(B)(i) in accordance with such time25 table, or any other timetable specified in writing
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1 by the eligible chartering authority in an

2 amendment to the petition.

3 ‘‘(B) EFFECT OF CONDITIONAL AP4 PROVAL.—For purposes of subsections (e), (h),

5 (i), and (j), a petition conditionally approved

6 under this paragraph shall be treated the same

7 as a petition approved under paragraph (1), ex8 cept that on the date that such a conditionally

9 approved petition ceases to be conditionally ap10 proved because the eligible applicant has not

11 timely submitted the identification and informa12 tion described in section 2202(6)(B)(i), the ap13 proval of the petition shall cease to be counted

14 for purposes of subsection (i).’’;

15 (2) in subsection (h), by striking ‘‘(d)(2),’’ each

16 place such term appears and inserting ‘‘(d),’’;

17 (3) by amending subsection (i) to read as fol18 lows:

19 ‘‘(i) NUMBER OF PETITIONS.—

20 ‘‘(1) FIRST YEAR.—During calendar year 1996,

21 not more than 10 petitions to establish public char22 ter schools may be approved under this subtitle.

23 ‘‘(2) SUBSEQUENT YEARS.—

24 ‘‘(A) IN GENERAL.—Subject to subpara25 graph (B), during calendar year 1997, and dur-
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1 ing each subsequent calendar year, each eligible

2 chartering authority shall not approve more

3 than 10 petitions to establish a public charter

4 school under this subtitle. Any such petition

5 shall be approved during the period that begins

6 on January 1 and ends on April 1.

7 ‘‘(B) EXCEPTION.—If, by April 1 of any

8 calendar year after 1996, an eligible chartering

9 authority has approved fewer than 10 petitions

10 during such calendar year, any other eligible

11 chartering authority may approve more than 10

12 petitions during such calendar year, but only

13 if—

14 ‘‘(i) the eligible chartering authority

15 completes the approval of any such addi16 tional petition before June 1 of the year;

17 and

18 ‘‘(ii) the approval of any such addi19 tional petition will not cause the total

20 number of petitions approved by all eligible

21 chartering authorities during the calendar

22 year to exceed 20.’’; and

23 (4) by amending subsection (j) to read as fol24 lows:
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1 ‘‘(j) AUTHORITY OF ELIGIBLE CHARTERING

2 AUTHORITY.—

3 ‘‘(1) IN GENERAL.—Except as provided in para4 graph (2), and except for officers or employees of

5 the eligible chartering authority with which a peti6 tion to establish a public charter school is filed, no

7 governmental entity, elected official, or employee of

8 the District of Columbia shall make, participate in

9 making, or intervene in the making of, the decision

10 to approve or deny such a petition.

11 ‘‘(2) AVAILABILITY OF REVIEW.—A decision by

12 an eligible chartering authority to deny a petition to

13 establish a public charter school shall be subject to

14 judicial review by an appropriate court of the Dis15 trict of Columbia.’’.

16 (d) DISTRICT OF COLUMBIA PUBLIC SCHOOL

17 SERVICES TO PUBLIC CHARTER SCHOOLS.—Section

18 2209 of the District of Columbia School Reform Act of

19 1995 (110 Stat. 1321–125) is amended—

20 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

21 ‘‘The Superintendent’’; and

22 (2) by adding at the end the following:

23 ‘‘(b) PREFERENCE IN LEASING OR PURCHASING

24 PUBLIC SCHOOL FACILITIES.—

25 ‘‘(1) FORMER PUBLIC SCHOOL PROPERTY.—
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1 ‘‘(A) IN GENERAL.—Notwithstanding any

2 other provision of law relating to the disposition

3 of a facility or property described in subpara4 graph (B), the Mayor and the District of Co5 lumbia Government shall give preference to an

6 eligible applicant whose petition to establish a

7 public charter school has been conditionally ap8 proved under section 2203(d)(2), or a Board of

9 Trustees, with respect to the purchase or lease

10 of a facility or property described in subpara11 graph (B), provided that doing so will not re12 sult in a significant loss of revenue that might

13 be obtained from other dispositions or uses of

14 the facility or property.

15 ‘‘(B) PROPERTY DESCRIBED.—A facility or

16 property referred to in subparagraph (A) is a

17 facility, or real property—

18 ‘‘(i) that formerly was under the juris19 diction of the Board of Education;

20 ‘‘(ii) that the Board of Education has

21 determined is no longer needed for pur22 poses of operating a District of Columbia

23 public school; and
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1 ‘‘(iii) with respect to which the Board

2 of Education has transferred jurisdiction

3 to the Mayor.

4 ‘‘(2) CURRENT PUBLIC SCHOOL PROPERTY.—

5 ‘‘(A) IN GENERAL.—Notwithstanding any

6 other provision of law relating to the disposition

7 of a facility or property described in subpara8 graph (B), the Mayor and the District of Co9 lumbia Government shall give preference to an

10 eligible applicant whose petition to establish a

11 public charter school has been conditionally ap12 proved under section 2203(d)(2), or a Board of

13 Trustees, in leasing, or otherwise contracting

14 for the use of, a facility or property described

15 in subparagraph (B).

16 ‘‘(B) PROPERTY DESCRIBED.—A facility or

17 property referred to in subparagraph (A) is a

18 facility, real property, or a designated area of

19 a facility or real property, that—

20 ‘‘(i) is under the jurisdiction of the

21 Board of Education; and

22 ‘‘(ii) is available for use because the

23 Board of Education is not using, for edu24 cational, administrative, or other purposes,
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1 the facility, real property, or designated

2 area.’’.

3 (e) CHARTER RENEWAL.—Section 2212 of the

4 District of Columbia School Reform Act of 1995 (110

5 Stat. 1321–129) is amended—

6 (1) by amending subsection (a) to read as fol7 lows:

8 ‘‘(a) TERMS.—

9 ‘‘(1) INITIAL TERM.—A charter granted to a

10 public charter school shall remain in force for a 15-

11 year period.

12 ‘‘(2) RENEWALS.—A charter may be renewed

13 for an unlimited number of times, each time for a

14 15-year period.

15 ‘‘(3) REVIEW.—An eligible chartering authority

16 that grants or renews a charter pursuant to para17 graph (1) or (2) shall review the charter—

18 ‘‘(A) at least once every 5 years to deter19 mine whether the charter should be revoked for

20 the reasons described in subsection (a)(1)(A) or

21 (b) of section 2213 in accordance with the pro22 cedures for such revocation established under

23 section 2213(c); and

24 ‘‘(B) once every 5 years, beginning on the

25 date that is 5 years after the date on which the
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1 charter is granted or renewed, to determine

2 whether the charter should be revoked for the

3 reasons described in section 2213(a)(1)(B) in

4 accordance with the procedures for such revoca5 tion established under section 2213(c).’’; and

6 (2) by amending subsection (d)(6) to read as

7 follows:

8 ‘‘(6) JUDICIAL REVIEW.—A decision by an eligi9 ble chartering authority to deny an application to

10 renew a charter shall be subject to judicial review by

11 an appropriate court of the District of Columbia.’’.

12 (f) CHARTER REVOCATION.—Section 2213(a) of

13 the District of Columbia School Reform Act of 1995 (110

14 Stat. 1321–130) is amended to read as follows:

15 ‘‘(a) CHARTER OR LAW VIOLATIONS; FAILURE TO

16 MEET GOALS.—

17 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

18 an eligible chartering authority that has granted a

19 charter to a public charter school may revoke the

20 charter if the eligible chartering authority deter21 mines that the school—

22 ‘‘(A) committed a violation of applicable

23 laws or a material violation of the conditions,

24 terms, standards, or procedures set forth in the
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1 charter, including violations relating to the edu2 cation of children with disabilities; or

3 ‘‘(B) failed to meet the goals and student

4 academic achievement expectations set forth in

5 the charter.

6 ‘‘(2) SPEICAL RULE.—An eligible chartering au7 thority may not revoke a charter under paragraph

8 (1)(B), except pursuant to a determination made

9 through a review conducted under section

10 2212(a)(3)(B).’’.

11 (g) PUBLIC CHARTER SCHOOL BOARD.—Para12 graphs (3) and (4) of section 2214(a) of the District of

13 Columbia School Reform Act of 1995 (110 Stat. 1321–

14 132) are amended to read as follows:

15 ‘‘(3) VACANCIES.—

16 ‘‘(A) OTHER THAN FROM EXPIRATION OF

17 TERM.—Where a vacancy occurs in the mem18 bership of the Board for reasons other than the

19 expiration of the term of a member of the

20 Board, the Secretary of Education, not later

21 than 30 days after the vacancy occurs, shall

22 present to the Mayor a list of 3 people the Sec23 retary determines are qualified to serve on the

24 Board. The Mayor, in consultation with the

25 District of Columbia Council, shall appoint 1
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1 person from the list to serve on the Board. The

2 Secretary shall recommend, and the Mayor

3 shall appoint, such member of the Board taking

4 into consideration the criteria described in para5 graph (2). Any member appointed to fill a va6 cancy occurring prior to the expiration of the

7 term of a predecessor shall be appointed only

8 for the remainder of the term.

9 ‘‘(B) EXPIRATION OF TERM.—Not later

10 than the date that is 60 days before the expira11 tion of the term of a member of the Board, the

12 Secretary of Education shall present to the

13 Mayor, with respect to each such impending va14 cancy, a list of 3 people the Secretary deter15 mines are qualified to serve on the Board. The

16 Mayor, in consultation with the District of Co17 lumbia Council, shall appoint 1 person from

18 each such list to serve on the Board. The Sec19 retary shall recommend, and the Mayor shall

20 appoint, any member of the Board taking into

21 consideration the criteria described in para22 graph (2).

23 ‘‘(4) TIME LIMIT FOR APPOINTMENTS.—If, at

24 any time, the Mayor does not appoint members to

25 the Board sufficient to bring the Board’s member-
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1 ship to 7 within 30 days after receiving a rec2 ommendation from the Secretary of Education under

3 paragraph (2) or (3), the Secretary, not later than

4 10 days after the final date for such mayoral ap5 pointment, shall make such appointments as are

6 necessary to bring the membership of the Board to

7 7.’’.

8 (h) TECHNICAL AMENDMENT.—Section 2561(b)

9 of the District of Columbia School Reform Act of 1995

10 (Public Law 104–134), as amended by section 148 of the

11 District of Columbia Appropriations Act, 1997 (Public

12 Law 104–194), is amended to read as follows:

13 ‘‘(b) LIMITATION.—A waiver under subsection (a)

14 shall not apply to the Davis-Bacon Act (40 U.S.C. 276a

15 et seq.) or Executive Order 11246 or other civil rights

16 standards.’’.

17 DISPOSITION OF CERTAIN SCHOOL PROPERTY BY

18 AUTHORITY

19 SEC. 5206. (a) IN GENERAL.—Subtitle C of title

20 II of the District of Columbia Financial Responsibility

21 and Management Assistance Act of 1995 is amended by

22 adding at the end the following new section:

23 ‘‘SEC. 225. DISPOSITION OF CERTAIN SCHOOL PROPERTY.

24 ‘‘(a) POWER TO DISPOSE.—Notwithstanding any

25 other provision of law relating to the disposition of a fa26 cility or property described in subsection (d), the Author-
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1 ity may dispose (by sale, lease, or otherwise) of any facil2 ity or property described in subsection (d).

3 ‘‘(b) PREFERENCE FOR PUBLIC CHARTER

4 SCHOOL.—In disposing of a facility or property under

5 this section, the Authority shall give preference to an eli6 gible applicant (as defined in section 2002 of the District

7 of Columbia School Reform Act of 1995) whose petition

8 to establish a public charter school has been conditionally

9 approved under section 2203(d)(2) of such Act, or a

10 Board of Trustees (as defined in section 2002 of such

11 Act) of such a public charter school, if doing so will not

12 result in a significant loss of revenue that might be ob13 tained from other dispositions or uses of the facility or

14 property.

15 ‘‘(c) USE OF PROCEEDS FROM DISPOSITION FOR

16 SCHOOL REPAIR AND MAINTENANCE.—

17 ‘‘(1) IN GENERAL.—The Authority shall deposit

18 any proceeds of the disposition of a facility or prop19 erty under this section in the Board of Education

20 Real Property Maintenance and Improvement Fund

21 (as established by the Real Property Disposal Act of

22 1990), to be used for the construction, maintenance,

23 improvement, rehabilitation, or repair of buildings

24 and grounds which are used for educational pur-
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1 poses for public and public charter school students

2 in the District of Columbia.

3 ‘‘(2) CONSULTATION.—In disposing of a facility

4 or property under this section, the Authority shall

5 consult with the Superintendent of Schools of the

6 District of Columbia, the Mayor, the Council, the

7 Administrator of General Services, and education

8 and community leaders involved in planning for an

9 agency or authority that will design and administer

10 a comprehensive long-term program for repair and

11 improvement of District of Columbia public school

12 facilities (as described in section 2552(a) of the Dis13 trict of Columbia School Reform Act of 1995).

14 ‘‘(3) LEGAL EFFECT OF SALE.—The Authority

15 may dispose of a facility or property under this sec16 tion by executing a proper deed and any other legal

17 instrument for conveyance of title to the facility or

18 property, and such deed shall convey good and valid

19 title to the purchaser of the facility or property.

20 ‘‘(d) FACILITY OR PROPERTY DESCRIBED.—A fa21 cility or property described in this subsection is a facility

22 or property which is described in section 2209(b)(1)(B)

23 of the District of Columbia School Reform Act of 1995

24 and with respect to which the Authority has made the

25 following determinations:
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1 ‘‘(1) The property is no longer needed for pur2 poses of operating a District of Columbia public

3 school (as defined in section 2002 of the District of

4 Columbia School Reform Act of 1995).

5 ‘‘(2) The disposition of the property is in the

6 best interests of education in the District of Colum7 bia.

8 ‘‘(3) The Mayor (or any other department or

9 agency of the District government) has failed to

10 make substantial progress toward disposing the

11 property during the 90-day period which begins on

12 the date the Board of Education transfers jurisdic13 tion over the property to the Mayor (or, in the case

14 of property which is described in section

15 2209(b)(1)(B) of such Act as of the date of the en16 actment of this section, during the 90-day period

17 which begins on the date of the enactment of this

18 section).’’.

19 (b) CONTROL OVER BOARD OF EDUCATION REAL

20 PROPERTY MAINTENANCE AND IMPROVEMENT FUND.—

21 (1) IN GENERAL.—Section 2(b) of the Board of

22 Education Real Property Disposal Act of 1990 (sec.

23 9–402(b), D.C. Code) is amended—

24 (A) by amending the second sentence to

25 read as follows: ‘‘Subject to paragraph (6), the
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1 District of Columbia Financial Responsibility

2 and Management Assistance Authority shall ad3 minister the Fund and receive all payments into

4 the Fund that are required by law.’’; and

5 (B) by adding at the end the following new

6 paragraph:

7 ‘‘(6) Upon the establishment of an agency or au8 thority within the District of Columbia government to ad9 minister a public schools facilities revitalization plan pur10 suant to section 2552(a)(2) of the District of Columbia

11 School Reform Act of 1995, such agency or authority

12 shall administer the Fund and receive all payments into

13 the Fund that are required by law.’’.

14 (2) CONFORMING AMENDMENTS.—Section 2(b)

15 of the Board of Education Real Property Disposal

16 Act of 1990 (sec. 9–402(b), D.C. Code) is amend17 ed—

18 (A) in the third sentence of paragraph (1),

19 by striking ‘‘; provided that the Board’’ and all

20 that follows and inserting a period; and

21 (B) by striking paragraph (5).

22 (c) CLERICAL AMENDMENT.—The table of con23 tents of subtitle C of title II of the District of Columbia

24 Financial Responsibility and Management Assistance Act
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1 of 1995 is amended by adding at the end the following

2 new item:

‘‘Sec. 225. Disposition of certain school property.’’.

3 CHAPTER 3

4 ENERGY AND WATER DEVELOPMENT

5 DEPARTMENT OF DEFENSE—CIVIL

6 DEPARTMENT OF THE ARMY

7 CORPS OF ENGINEERS—CIVIL

8 OPERATION AND MAINTENANCE, GENERAL

9 For an additional amount for ‘‘Operation and

10 Maintenance, General’’ for emergency expenses resulting

11 from Hurricane Fran and other natural disasters of

12 1996, $19,000,000, to remain available until expended:

13 Provided, That such amount is designated by Congress as

14 an emergency requirement pursuant to section

15 251(b)(2)(D)(i) of the Balanced Budget and Emergency

16 Deficit Control Act of 1985, as amended.

17 GENERAL PROVISION

18 SEC. 5301. None of the funds appropriated in the

19 Energy and Water Department Appropriations Act, 1997

20 may be made available to the Tennessee Valley Authority

21 if the Tennessee Valley Authority is imposing a perform22 ance deposit in connection with residential shoreline al23 teration permits.
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1 CHAPTER 4

2 LEGISLATIVE BRANCH

3 HOUSE OF REPRESENTATIVES

4 SALARIES AND EXPENSES

5 (RESCISSION)

6 Immediately upon enactment of this Act, of the

7 funds appropriated in the Legislative Branch Appropria8 tions Act, 1996, for the House of Representatives under

9 the heading ‘‘SALARIES AND EXPENSES’’, there is

10 rescinded $500,000, specified for the following heading

11 and account:

12 (1) ‘‘ALLOWANCES AND EXPENSES’’,

13 $500,000, as follows: (A) ‘‘Government contributions

14 to employees’ life insurance fund, retirement funds,

15 Social Security fund, Medicare fund, health benefits

16 fund, and worker’s and unemployment compensa17 tion.’’

18 JOINT ITEMS

19 CAPITOL POLICE BOARD

20 CAPITOL POLICE

21 SALARIES

22 (RESCISSION)

23 Immediately upon enactment of this Act, of the

24 funds appropriated under this heading in Public Law

25 104–53, $3,000,000 are rescinded.
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1 GENERAL EXPENSES

2 For an additional amount for the Capitol Police

3 Board for necessary expenses for the design and installa4 tion of security systems for the Capitol buildings and

5 grounds, $3,250,000, which shall remain available until

6 expended.

7 ARCHITECT OF THE CAPITOL

8 CAPITOL BUILDINGS AND GROUNDS

9 CAPITOL BUILDINGS

10 For an additional amount for ‘‘Capitol Buildings

11 and Grounds, Capitol Buildings’’, $250,000, to remain

12 available until expended, for architectural and engineer13 ing services related to the design and installation of secu14 rity systems for Capitol buildings and grounds.

15 SENATE OFFICE BUILDINGS

16 Of the funds appropriated under the heading,

17 ‘‘ARCHITECT OF THE CAPITOL, Capitol Buildings

18 and Grounds, Senate office buildings’’ in Public Law

19 104–53, $650,000 shall remain available until September

20 30, 1997 for furniture, furnishings, and equipment for

21 the Senate employees’ child care center.

22 GENERAL PROVISIONS

23 CONGRESSIONAL AWARD ACT AMENDMENTS OF 1996

24 SEC. 5401. (a) EXTENSION OF REQUIREMENTS

25 REGARDING FINANCIAL OPERATIONS OF CONGRES26 SIONAL AWARD PROGRAM; NONCOMPLIANCE WITH RE-
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1 QUIREMENTS.—Section 5(c)(2)(A) of the Congressional

2 Award Act (2 U.S.C. 804(c)(2)(A)) is amended by strik3 ing ‘‘and 1994’’ and inserting ‘‘1994, 1995, 1996, 1997,

4 and 1998’’.

5 (b) TERMINATION.—Section 9 of the Congres6 sional Award Act (2 U.S.C. 808) is amended by striking

7 ‘‘October 1, 1995’’ and inserting ‘‘October 1, 1999’’.

8 (c) SAVINGS PROVISIONS.—During the period of

9 October 1, 1995, through the date of the enactment of

10 this section, all actions and functions of the Congres11 sional Award Board under the Congressional Award Act

12 shall have the same effect as though no lapse or termi13 nation of the Congressional Award Board ever occurred.

14 BILL EMERSON HALL IN THE HOUSE OF

15 REPRESENTATIVES PAGE SCHOOL

16 SEC. 5402. The Founders Hall instructional area

17 in the House of Representatives Page School, located in

18 the Thomas Jefferson Building of the Library of Con19 gress, shall be known and designated as ‘‘Bill Emerson

20 Hall’’.
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1 CHAPTER 5

2 DEPARTMENT OF TRANSPORTATION

3 FEDERAL AVIATION ADMINISTRATION

4 OPERATIONS

5 (AIRPORT AND AIRWAY TRUST FUND)

6 For additional operating expenses of the Federal

7 Aviation Administration for airport security activities,

8 $57,900,000, to be derived from the Airport and Airway

9 Trust Fund and to remain available until September 30,

10 1998: Provided, That of the funds provided, $8,900,000

11 shall be for establishment of additional explosive detec12 tion K–9 teams at airports; $5,500,000 shall be for air13 port vulnerability assessments; $18,000,000 shall be for

14 the hire of additional aviation security personnel: and

15 $25,500,000 shall be for the hire of additional aviation

16 safety inspectors and contract weather observers, air traf17 fic controller training, and implementation of rec18 ommendations of the Federal Aviation Administration’s

19 ‘‘Ninety Day Safety Review’’, dated September 16, 1996:

20 Provided further, That such amount is designated by

21 Congress as an emergency requirement pursuant to sec22 tion 251(b)(2)(D)(i) of the Balanced Budget and Emer23 gency Deficit Control Act of 1985, as amended.
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1 FACILITIES AND EQUIPMENT

2 (AIRPORT AND AIRWAY TRUST FUND)

3 For additional necessary expenses for ‘‘Facilities

4 and Equipment’’, $147,700,000, to be derived from the

5 Airport and Airway Trust Fund and to remain available

6 until September 30, 1999: Provided, That of the funds

7 provided, $144,200,000 shall only be for non-competitive

8 contracts or cooperative agreements with air carriers and

9 airport authorities, which provide for the Federal Avia10 tion Administration to purchase and assist in installation

11 of advanced security equipment for the use of such enti12 ties and $3,500,000 shall be for accelerated development

13 and deployment of the Online Aviation Safety Informa14 tion System: Provided further, That such amount is des15 ignated by Congress as an emergency requirement pursu16 ant to section 251(b)(2)(D)(i) of the Balanced Budget

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

18 RESEARCH, ENGINEERING, AND DEVELOPMENT

19 (AIRPORT AND AIRWAY TRUST FUND)

20 For an additional amount for ‘‘Research, Engi21 neering, and Development’’, $21,000,000, to be derived

22 from the Airport and Airway Trust Fund and to remain

23 available until September 30, 1999: Provided, That the

24 funds provided shall only be for aviation security research

25 and operational testing of document trace scanners and

26 explosive detection portals for airport passengers: Pro-
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1 vided further, That such amount is designated by Con2 gress as an emergency requirement pursuant to section

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

4 Deficit Control Act of 1985, as amended.

5 GRANTS-IN-AID FOR AIRPORTS

6 (AIRPORT AND AIRWAY TRUST FUND)

7 (RESCISSION OF CONTRACT AUTHORIZATION)

8 Of the available contract authority balances under

9 this heading, $50,000,000 are rescinded.

10 FEDERAL HIGHWAY ADMINISTRATION

11 HIGHWAY-RELATED SAFETY GRANTS

12 (HIGHWAY TRUST FUND)

13 (RESCISSION OF CONTRACT AUTHORIZATION)

14 Of the available contract authority balances under

15 this heading, $9,100,000 are rescinded.

16 FEDERAL-AID HIGHWAYS

17 (HIGHWAY TRUST FUND)

18 For an additional amount for ‘‘Emergency Relief

19 Program’’ for emergency expenses resulting from Hurri20 canes Fran and Hortense and for other disasters, as au21 thorized by 23 U.S.C. 125, $82,000,000, to be derived

22 from the Highway Trust Fund and to remain available

23 until expended: Provided, That the entire amount is des24 ignated by Congress as an emergency requirement pursu25 ant to section 251(b)(2)(D)(i) of the Balanced Budget

26 and Emergency Deficit Control Act of 1985, as amended.
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1 MOTOR CARRIER SAFETY GRANTS

2 (HIGHWAY TRUST FUND)

3 (RESCISSION OF CONTRACT AUTHORIZATION)

4 Of the available contract authority balances under

5 this heading, $12,300,000 are rescinded.

6 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

7 HIGHWAY TRAFFIC SAFETY GRANTS

8 (HIGHWAY TRUST FUND)

9 (RESCISSION OF CONTRACT AUTHORIZATION)

10 Of the available contract authority balances under

11 this heading, $11,800,000 are rescinded.

12 FEDERAL RAILROAD ADMINISTRATION

13 NORTHEAST CORRIDOR IMPROVEMENT PROGRAM

14 For additional necessary expenses related to

15 Northeast Corridor improvements authorized by title VII

16 of the Railroad Revitalization and Regulatory Reform Act

17 of 1976, as amended (45 U.S.C. 851 et seq.) and 49

18 U.S.C. 24909, $60,000,000, to remain available until

19 September 30, 1999.

20 DIRECT LOAN FINANCING PROGRAM

21 Notwithstanding any other provision of law,

22 $58,680,000, for direct loans not to exceed $400,000,000

23 consistent with the purposes of section 505 of the Rail24 road Revitalization and Regulatory Reform Act of 1976

25 (45 U.S.C. 825) as in effect on September 30, 1988, to

26 the Alameda Corridor Transportation Authority to con-
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1 tinue the Alameda Corridor Project, including replace2 ment of at-grade rail lines with a below-grade corridor

3 and widening of the adjacent major highway: Provided,

4 That loans not to exceed the following amounts shall be

5 made on or after the first day of the fiscal year indicated:

Fiscal year 1997 ....................................................................... $140,000,000

Fiscal year 1998 ....................................................................... $140,000,000

Fiscal year 1999 ....................................................................... $120,000,000

6 Provided further, That any loan authorized under this sec7 tion shall be structured with a maximum 30-year repay8 ment after completion of construction at an annual inter9 est rate of not to exceed the 30-year United States Treas10 ury rate and on such terms and conditions as deemed ap11 propriate by the Secretary of Transportation: Provided

12 further, That specific provisions of section 505 (a), (b) and

13 (d) through (h) shall not apply: Provided further, That the

14 Alameda Corridor Transportation Authority shall be

15 deemed to be a financially responsible person for purposes

16 of section 505 of the Act.

17 GRANTS TO THE NATIONAL RAILROAD PASSENGER

18 CORPORATION

19 For additional expenses necessary for ‘‘Grants to

20 the National Railroad Passenger Corporation’’,

21 $22,500,000 for operating losses, to remain available

22 until September 30, 1997: Provided, That amounts made

23 available shall only be used to continue service on routes
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1 the National Railroad Passenger Corporation currently

2 plans to terminate.

3 RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION

4 RESEARCH AND SPECIAL PROGRAMS

5 For additional expenses necessary for ‘‘Research

6 and Special Programs’’ to conduct vulnerability and

7 threat assessments of the nation’s transportation system,

8 $3,000,000, to remain available until September 30,

9 1999; Provided, That the entire amount is designated by

10 Congress as an emergency requirement pursuant to sec11 tion 251(b)(2)(D)(i) of the Balanced Budget and Emer12 gency Deficit Control Act of 1985, as amended.

13 NATIONAL TRANSPORTATION SAFETY BOARD

14 SALARIES AND EXPENSES

15 For an additional amount for ‘‘Salaries and Ex16 penses’’, $6,000,000, to reimburse other federal agencies

17 for previously incurred costs of recovering wreckage from

18 TWA flight 800, and for other costs related to the TWA

19 800 accident investigation: Provided, That the entire

20 amount is designated by Congress as an emergency re21 quirement pursuant to section 251(b)(2)(D)(i) of the

22 Balanced Budget and Emergency Deficit Control Act of

23 1985, as amended.

24 EMERGENCY FUND

25 For necessary expenses of the National Transpor26 tation Safety Board for accident investigations, including
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1 hire of passenger motor vehicles and aircraft; services as

2 authorized by 5 U.S.C. 3109, but at rates for individuals

3 not to exceed the per diem rate equivalent to the rate for

4 a GS–18; uniforms, or allowances therefor, as authorized

5 by law (5 U.S.C. 5901–5902), $1,000,000: Provided,

6 That the entire amount is designated by Congress as an

7 emergency requirement pursuant to section

8 251(b)(2)(D)(i) of the Balanced Budget and Emergency

9 Deficit Control Act of 1985, as amended.

10 GENERAL PROVISIONS

11 SEC. 5501. In fiscal year 1997, the Administrator

12 of the Federal Aviation Administration may establish at

13 individual airports such consortia of government and

14 aviation industry representatives as the Administrator

15 may designate to provide advice on matters related to

16 aviation security and safety: Provided, That such consor17 tia shall not be considered Federal advisory committees.

18 Sec. 5502. In cases where an emergency ocean

19 condition causes erosion of a bank protecting a scenic

20 highway or byway, fiscal year 1996 or fiscal year 1997

21 Federal Highway Administration Emergency Relief funds

22 can be used to halt the erosion and stabilize the bank if

23 such action is necessary to protect the highway from im24 minent failure and is less expensive than highway reloca25 tion.
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1 Sec. 5503. Of the funds deducted under 23

2 U.S.C. subsection 104(a) for fiscal year 1997,

3 $30,000,000 shall be available for allocation to States au4 thorized by section 1069(y) of Public Law 102–240.

5 SEC. 5504. CONVEYANCE OF PROPERTY IN TRA6 VERSE CITY, MICHIGAN. (a) AUTHORITY TO CONVEY.—

7 The Secretary of Transportation (or any other official

8 having control over the property described in subsection

9 (b)) shall expeditiously convey to the Traverse City Area

10 Public School District in Traverse City, Michigan, with11 out consideration, all right, title, and interest of the Unit12 ed States in and to the property identified, described, and

13 determined by the Secretary under subsection (b), subject

14 to all easements and other interests in the property held

15 by any other person.

16 (b) IDENTIFICATION OF PROPERTY.—The Sec17 retary shall identify, describe, and determine the property

18 to be conveyed pursuant to this section.

19 (c) REVERSIONARY INTEREST.—In addition to

20 any term or condition established pursuant to subsection

21 (a) or (d), any conveyance of property described in sub22 section (b) shall be subject to the condition that all right,

23 title, and interest in and to the property so conveyed

24 shall immediately revert to the United States if the prop-
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1 erty, or any part thereof, ceases to be used by the Tra2 verse City Area Public School District.

3 (d) TERMS OF CONVEYANCE.—The conveyance of

4 property under this section shall be subject to such condi5 tions as the Secretary considers to be necessary to assure

6 that—

7 (1) the pump room located on the property

8 shall continue to be operated and maintained by the

9 United States for as long as it is needed for this

10 purpose;

11 (2) the United States shall have an easement of

12 access to the property for the purpose of operating

13 and maintaining the pump room; and

14 (3) the United States shall have the right, at

15 any time, to enter the property without notice for

16 the purpose of operating and maintaining the pump

17 room.

18 SEC. 5505. AUTHORITY TO CONVEY WHITEFISH

19 POINT LIGHT STATION LAND. (a) AUTHORITY TO CON20 VEY.—

21 (1) IN GENERAL.—Except as otherwise pro22 vided in this section, the Secretary of the Interior

23 (in this section referred to as the ‘‘Secretary’’) may

24 convey, by an appropriate means of conveyance, all

25 right, title, and interest of the United States in 1 of
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1 the 3 parcels comprising the land on which the Unit2 ed States Coast Guard Whitefish Point Light Sta3 tion is situated (in this section referred to as the

4 ‘‘Property’’), to each of the Great Lakes Shipwreck

5 Historical Society, located in Sault Ste. Marie,

6 Michigan, the United States Fish and Wildlife Serv7 ice, and the Michigan Audubon Society (each of

8 which is referred to in this section as a ‘‘recipient’’),

9 subject to all easements, conditions, reservations, ex10 ceptions, and restrictions contained in prior convey11 ances of record.

12 (2) LIMITATION.—Notwithstanding paragraph

13 (1), the Secretary shall retain for the United States

14 all right, title, and interest in—

15 (A) any historical artifact, including any

16 lens or lantern, and

17 (B) the light, antennas, sound signal, tow18 ers, associated lighthouse equipment, and any

19 electronic navigation equipment, which are ac20 tive aids to navigation,

21 which is located on the Property, or which relates to

22 the Property.

23 (3) IDENTIFICATION OF THE PROPERTY.—The

24 Secretary may identify, describe, and determine the

25 parcels to be conveyed pursuant to this section.
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1 (4) RIGHTS OF ACCESS.—If necessary to ensure

2 access to a public roadway for a parcel conveyed

3 under this section, the Secretary shall convey with

4 the parcel an appropriate appurtenant easement over

5 another parcel conveyed under this section.

6 (5) EASEMENT FOR PUBLIC ALONG SHORE7 LINE.—In each conveyance under this section of

8 property located on the shoreline of Lake Superior,

9 the Secretary shall retain for the public, for public

10 walkway purposes, a right-of-way along the shoreline

11 that extends 30 feet inland from the mean high

12 water line.

13 (b) TERMS AND CONDITIONS.—

14 (1) IN GENERAL.—Any conveyance pursuant to

15 subsection (a) shall be made—

16 (A) without payment of consideration; and

17 (B) subject to such terms and conditions

18 as the Secretary considers appropriate.

19 (2) MAINTENANCE OF NAVIGATION FUNC20 TIONS.—The Secretary shall ensure that any convey21 ance pursuant to this section is subject to such con22 ditions as the Secretary considers to be necessary to

23 assure that—

24 (A) the light, antennas, sound signal, tow25 ers, and associated lighthouse equipment, and
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1 any electronic navigation equipment, which are

2 located on the Property and which are active

3 aids to navigation shall continue to be operated

4 and maintained by the United States for as

5 long as they are needed for this purpose;

6 (B) the recipients may not interfere or

7 allow interference in any manner with such aids

8 to navigation without express written permis9 sion from the United States;

10 (C) there is reserved to the United States

11 the right to relocate, replace, or add any aids

12 to navigation, or make any changes on any por13 tion of the Property as may be necessary for

14 navigation purposes;

15 (D) the United States shall have the right,

16 at any time, to enter the Property without no17 tice for the purpose of maintaining aids to navi18 gation;

19 (E) the United States shall have—

20 (i) an easement of access to and

21 across the Property for the purpose of

22 maintaining the aids to navigation and as23 sociated equipment in use on the Property;

24 and
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1 (ii) an easement for an arc of visi2 bility; and

3 (F) the United States shall not be respon4 sible for the cost and expense of maintenance,

5 repair, and upkeep of the Property.

6 (3) MAINTENANCE OBLIGATION.—The recipi7 ents shall not have any obligation to maintain any

8 active aid to navigation equipment on any parcel

9 conveyed pursuant to this section.

10 (c) PROPERTY TO BE MAINTAINED IN ACCORD11 ANCE WITH CERTAIN LAWS.—Each recipient shall main12 tain the parcel conveyed to the recipient pursuant to sub13 section (a) in accordance with the provisions of the Na14 tional Historic Preservation Act (16 U.S.C. 470 et seq.),

15 and other applicable laws.

16 (d) MAINTENANCE STANDARD.—Each recipient

17 shall maintain the parcel conveyed to the recipient pursu18 ant to subsection (a), at its own cost and expense, in a

19 proper, substantial, and workmanlike manner, including

20 the easements of access, the easement for an arc of visi21 bility, the nuisance easement, and the underground ease22 ment.

23 (e) SHARED USE AND OCCUPANCY AGREE24 MENT.—The Secretary shall require, as a condition of

25 each conveyance of property under this section, that all
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1 of the recipients have entered into the same agreement

2 governing the shared use and occupancy of the existing

3 Whitefish Point Light Station facilities. The agreement

4 shall be drafted by the recipients and shall include—

5 (1) terms governing building occupancy and ac6 cess of recipient staff and public visitors to public

7 restrooms, the auditorium, and the parking lot; and

8 (2) terms requiring that each recipient shall be

9 responsible for paying a pro rata share of the costs

10 of operating and maintaining the existing Whitefish

11 Point Light Station facilities, that is based on the

12 level of use and occupancy of the facilities by the re13 cipient.

14 (f) LIMITATIONS ON DEVELOPING AND IMPAIRING

15 USES.—It shall be a term of each conveyance under this

16 section that—

17 (1) no development of new facilities or expan18 sion of existing facilities or infrastructure on prop19 erty conveyed under this section may occur, except

20 for purposes of implementing the Whitefish Point

21 Comprehensive Plan of October 1992 or for a gift

22 shop, unless—

23 (A) each of the recipients consents to the

24 development or expansion in writing;
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1 (B) there has been a reasonable oppor2 tunity for public comment on the development

3 or expansion, and full consideration has been

4 given to such public comment as is provided;

5 and

6 (C) the development or expansion is con7 sistent with preservation of the Property in its

8 predominantly natural, scenic, historic, and for9 ested condition; and

10 (2) any use of the Property or any structure lo11 cated on the property which may impair or interfere

12 with the conservation values of the Property is ex13 pressly prohibited.

14 (g) REVERSIONARY INTEREST.—

15 (1) IN GENERAL.—All right, title, and interests

16 in and to property and interests conveyed under this

17 section shall revert to the United States and there18 after be administered by the Secretary of Interior

19 acting through the Director of the United States

20 Fish and Wildlife Service, if—

21 (A) in the case of such property and inter22 ests conveyed to the Great Lakes Shipwreck

23 Historical Society, the property or interests

24 cease to be used for the purpose of historical in25 terpretation;
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1 (B) in the case of such property and inter2 ests conveyed to the Michigan Audubon Society,

3 the property or interests cease to be used for

4 the purpose of environmental protection, re5 search, and interpretation; or

6 (C) in the case any property and interest

7 conveyed to a recipient referred to in subpara8 graph (A) or (B)—

9 (i) there is any violation of any term

10 or condition of the conveyance to that re11 cipient; or

12 (ii) the recipient has ceased to exist.

13 (2) AUTHORITY TO ENFORCE REVERSIONARY

14 INTEREST.—The Secretary of the Interior, acting

15 through the Director of the United States Fish and

16 Wildlife Service, shall have the authority—

17 (A) to determine for the United States

18 Government whether any act or omission of a

19 recipient results in a reversion of property and

20 interests under paragraph (1); and

21 (B) to initiate a civil action to enforce that

22 reversion, after notifying the recipient of the in23 tent of the Secretary of the Interior to initiate

24 that action.
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1 (3) MAINTENANCE OF NAVIGATION FUNC2 TIONS.—In the event of a revision of property under

3 this subsection, the Secretary of the Interior shall

4 administer the property subject to any conditions the

5 Secretary of Transportation considers to be nec6 essary to maintain the navigation functions.

7 SEC. 5506. CONVEYANCE OF LIGHTHOUSES. (a)

8 AUTHORITY TO CONVEY.—

9 (1) IN GENERAL.—The Secretary of Transpor10 tation or the Secretary of the Interior, as appro11 priate, shall convey, by an appropriate means of con12 veyance, all right, title, and interest of the United

13 States in and to each of the following properties:

14 (A) Saint Helena Island Light Station, lo15 cated in MacKinac County, Moran Township,

16 Michigan, to the Great Lakes Lighthouse Keep17 ers Association.

18 (B) Presque Isle Light Station, located in

19 Presque Isle Township, Michigan, to Presque

20 Isle Township, Presque Isle County, Michigan.

21 (2) IDENTIFICATION OF PROPERTY.—The Sec22 retary may identify, describe, and determine the

23 property to be conveyed under this subsection.

24 (3) EXCEPTION.—The Secretary may not con25 vey any historical artifact, including any lens or lan-
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1 tern, located on the property at or before the time

2 of the conveyance.

3 (b) TERMS OF CONVEYANCE.—

4 (1) IN GENERAL.—The conveyance of property

5 under this section shall be made—

6 (A) without payment of consideration; and

7 (B) subject to the conditions required by

8 this section and other terms and conditions the

9 Secretary may consider appropriate.

10 (2) REVERSIONARY INTEREST.—In addition to

11 any term or condition established under this section,

12 the conveyance of property under this subsection

13 shall be subject to the condition that all right, title,

14 and interest in the property shall immediately revert

15 to the United States if—

16 (A) the property, or any part of the prop17 erty—

18 (i) ceases to be used as a nonprofit

19 center for the interpretation and preserva20 tion of maritime history;

21 (ii) ceases to be maintained in a man22 ner that ensures its present or future use

23 as a Coast Guard aid to navigation; or

24 (iii) ceases to be maintained in a man25 ner consistent with the provisions of the
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1 National Historic Preservation Act of 1966

2 (16 U.S.C. 470 et seq.); or

3 (B) at least 30 days before that reversion,

4 the Secretary of Transportation provides writ5 ten notice to the owner that the property is

6 needed for national security purposes.

7 (3) MAINTENANCE OF NAVIGATION FUNC8 TIONS.—A conveyance of property under this section

9 shall be made subject to the conditions that the Sec10 retary of Transportation considers to be necessary to

11 assure that—

12 (A) the lights, antennas, sound signal, elec13 tronic navigation equipment, and associated

14 lighthouse equipment located on the property

15 conveyed, which are active aids to navigation,

16 shall continue to be operated and maintained by

17 the United States for as long as they are need18 ed for this purpose;

19 (B) the owner of the property may not

20 interfere or allow interference in any manner

21 with aids to navigation without express written

22 permission from the Secretary of Transpor23 tation;

24 (C) there is reserved to the United States

25 the right to relocate, replace or add any aid to
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1 navigation or make any changes to the property

2 as may be necessary for navigational purposes;

3 (D) the United States shall have the right,

4 at any time, to enter the property without no5 tice for the purpose of maintaining aids to navi6 gation; and

7 (E) the United States shall have an ease8 ment of access to and across the property for

9 the purpose of maintaining the aids to naviga10 tion in use on the property.

11 (4) OBLIGATION LIMITATION.—The owner of

12 property conveyed under this section is not required

13 to maintain any active aid to navigation equipment

14 on the property.

15 (5) PROPERTY TO BE MAINTAINED IN ACCORD16 ANCE WITH CERTAIN LAWS.—The owner of property

17 conveyed under this section shall maintain the prop18 erty in accordance with the National Historic Pres19 ervation Act of 1966 (16 U.S.C. 470 et seq.) and

20 other applicable laws.

21 (c) MAINTENANCE STANDARD.—The owner of any

22 property conveyed under this section, at its own cost and

23 expense, shall maintain the property in a proper, sub24 stantial, and workmanlike manner.

25 (d) DEFINITIONS.—For purposes of this section:
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1 (1) the term ‘‘owner’’ means the person identi2 fied in subsection a(1)(A) and (B), and includes any

3 successor of assign of that person.

4 (2) The term ‘‘Presque Isle Light Station’’ in5 cludes the light tower, attached dwelling, detached

6 dwelling, 3-car garage, and any other improvements

7 on that parcel of land.

8 CHAPTER 6

9 DEPARTMENT OF THE TREASURY

10 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS

11 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS

12 FUND PROGRAM ACCOUNT

13 For an additional amount for ‘‘Community Devel14 opment Financial Institutions Fund Program Account’’

15 for grants, loans, and technical assistance to qualifying

16 community development lenders, $5,000,000, to remain

17 available until September 30, 1998, of which $850,000

18 may be used for the cost of direct loans: Provided, That

19 the cost of direct loans, including the cost of modifying

20 such loans, shall be as defined in section 502 of the Con21 gressional Budget Act of 1974.

22 ENVIRONMENTAL PROTECTION AGENCY

23 SCIENCE AND TECHNOLOGY

24 For an additional amount for ‘‘Science and Tech25 nology’’, $10,000,000, to remain available until Septem-
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1 ber 30, 1998, to conduct health effects research to carry

2 out the purposes of the Safe Drinking Water Act Amend3 ments of 1996, Public Law 104–182.

4 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

5 For an additional amount for ‘‘Environmental

6 Programs and Management’’, $42,221,000, to remain

7 available until September 30, 1998, of which

8 $30,000,000 is to carry out the purposes of the Safe

9 Drinking Water Act Amendments of 1996, Public Law

10 104–182, and the purposes of the Food Quality Protec11 tion Act of 1996, Public Law 104–170, and of which

12 $10,221,000 is for pesticide residue data collection for

13 use in risk assessment activities.

14 STATE AND TRIBAL ASSISTANCE GRANTS

15 For an additional amount for ‘‘State and Tribal

16 Assistance Grants’’, $35,000,000, to remain available

17 until expended, for a grant to the City of Boston, Massa18 chusetts, subject to an appropriate cost share as deter19 mined by the Administrator, for the construction of

20 wastewater treatment facilities.

21 FEDERAL EMERGENCY MANAGEMENT AGENCY

22 SALARIES AND EXPENSES

23 For an additional amount for ‘‘Salaries and Ex24 penses’’ to increase Federal, State, and local prepared25 ness for mitigating and responding to the consequences

26 of terrorism, $3,000,000.
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1 EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE

2 For an additional amount for ‘‘Emergency Man3 agement Planning and Assistance’’ to increase Federal,

4 State, and local preparedness for mitigating and respond5 ing to the consequences of terrorism, $12,000,000.

6 NATIONAL FLOOD INSURANCE FUND

7 Section 1309(a)(2) of the National Flood Insur8 ance Act (42 U.S.C. 4016(a)(2)), is amended by striking

9 ‘‘$1,000,000,000’’ and inserting in lieu thereof

10 ‘‘$1,500,000,000 through September 30, 1997, and

11 $1,000,000,000 thereafter’’.

12 DEPARTMENT OF HEALTH AND HUMAN SERVICES

13 OFFICE OF CONSUMER AFFAIRS

14 For necessary expenses of the Office of Consumer

15 Affairs, including services authorized by 5 U.S.C. 3109,

16 but at rates for individuals not to exceed the per diem

17 rate equivalent to the rate for GS–18, $1,500,000: Pro18 vided, That none of the funds provided under this head19 ing may be made available for any other activities within

20 the Department of Health and Human Services.

21 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

22 SCIENCE, AERONAUTICS AND TECHNOLOGY

23 For an additional amount for ‘‘Science, Aero24 nautics and Technology’’, $5,000,000, to remain available

25 until September 30, 1998.
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1 CHAPTER 7

2 INTERNATIONAL SECURITY ASSISTANCE

3 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

4 RELATED PROGRAMS

5 For an additional amount for nonproliferation,

6 anti-terrorism and related programs and activities,

7 $18,000,000, to carry out the provisions of chapter 8 of

8 part II of the Foreign Assistance Act of 1961 for anti9 terrorism assistance.

10 FOREIGN MILITARY FINANCING PROGRAM

11 For an additional amount for grants to enable the

12 President to carry out the provisions of section 23 of the

13 Arms Export Control Act, $60,000,000.

14 PEACEKEEPING OPERATIONS

15 For necessary expenses to carry out the provisions

16 of section 551 of the Foreign Assistance Act of 1961,

17 $65,000,000: Provided, That none of the funds appro18 priated under this paragraph shall be obligated or ex19 pended except as provided through the regular notifica20 tion procedures of the Committees on Appropriations.

21 CHAPTER 8

22 GENERAL PROVISIONS

23 SEC. 5801. Of the amounts made available in

24 Title IV of the Department of Defense Appropriations

25 Act, 1997, under the heading ‘‘Research, Development,

26 Test and Evaluation, Defense-Wide’’, $56,232,000 shall
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1 be made available only for the Corps Surface-to-Air Mis2 sile (CORPS SAM) program.

3 SEC. 5802. There is hereby established on the

4 books of the Treasury an account, ‘‘Support for Inter5 national Sporting Competitions, Defense’’ (hereinafter re6 ferred to in this section as the ‘‘Account’’) to be available

7 until expended for logistical and security support for

8 international sporting competitions (other than pay and

9 non-travel-related allowances of members of the Armed

10 Forces of the United States, except for members of the

11 reserve components thereof called or ordered to active

12 duty in connection with providing such support): Pro13 vided, That there shall be credited to the Account: (a)

14 unobligated balances of the funds appropriated in Public

15 Laws 103–335 and 104–61 under the headings ‘‘Summer

16 Olympics’’; (b) any reimbursements received by the De17 partment of Defense in connection with support to the

18 1993 World University Games; the 1994 World Cup

19 Games; and the 1996 Games of the XXVI Olympiad held

20 in Atlanta, Georgia; (c) any reimbursements received by

21 the Department of Defense after the date of enactment

22 of this Act for logistical and security support provided to

23 international sporting competitions; and (d) amounts spe24 cifically appropriated to the Account, all to remain avail25 able until expended: Provided further, That none of the
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1 funds made available to the Account may be obligated

2 until 45 days after the congressional defense committees

3 have been notified in writing by the Secretary of Defense

4 as to the purpose for which these funds will be obligated.

5 SEC. 5803. In addition to the amounts made

6 available in Title IV of the Department of Defense Ap7 propriations Act, 1997, under the heading ‘‘Research,

8 Development, Test and Evaluation, Defense-Wide’’,

9 $100,000,000 is hereby appropriated and made available

10 only for the Dual-Use Applications Program.

11 DIVISION B—OREGON RESOURCE

12 CONSERVATION ACT OF 1996

13 SECTION 1. SHORT TITLE.

14 This Act may be cited as the ‘‘Oregon Resource

15 Conservation Act of 1996’’.

16 TITLE I—OPAL CREEK WILDER17 NESS AND SCENIC RECRE18 ATION AREA

19 SEC. 101. SHORT TITLE.

20 This title may be cited as the ‘‘Opal Creek Wil21 derness and Opal Creek Scenic Recreation Area Act of

22 1996’’.

23 SEC. 102. DEFINITIONS.

24 In this title:
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1 (1) BULL OF THE WOODS WILDERNESS.—The

2 term ‘‘Bull of the Woods Wilderness’’ means the

3 land designated as wilderness by section 3(4) of the

4 Oregon Wilderness Act of 1984 (Public Law 98–

5 328; 16 U.S.C. 1132 note).

6 (2) OPAL CREEK WILDERNESS.—The term

7 ‘‘Opal Creek Wilderness’’ means certain land in the

8 Willamette National Forest in the State of Oregon

9 comprising approximately 12,800 acres, as generally

10 depicted on the map entitled ‘‘Proposed Opal Creek

11 Wilderness and Scenic Recreation Area’’, dated July

12 1996.

13 (3) SCENIC RECREATION AREA.—The term

14 ‘‘Scenic Recreation Area’’ means the Opal Creek

15 Scenic Recreation Area, comprising approximately

16 13,000 acres, as generally depicted on the map enti17 tled ‘‘Proposed Opal Creek Wilderness and Scenic

18 Recreation Area’’, dated July 1996 and established

19 under section 104(a)(3) of this title.

20 (4) SECRETARY.—The term ‘‘Secretary’’ means

21 the Secretary of Agriculture.

22 SEC. 103. PURPOSES.

23 The purposes of this title are:

24 (1) to establish a wilderness and scenic recre25 ation area to protect and provide for the enhance-
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1 ment of the natural, scenic, recreational, historic,

2 and cultural resources of the area in the vicinity of

3 Opal Creek;

4 (2) to protect and support the economy of the

5 communities in the Santiam Canyon; and

6 (3) to provide increased protection for an im7 portant drinking water source for communities

8 served by the north Santiam River.

9 SEC. 104. ESTABLISHMENT OF OPAL CREEK WILDERNESS

10 AND SCENIC RECREATION AREA.

11 (a) ESTABLISHMENT.—On a determination by the

12 Secretary under subsection (b)—

13 (1) the Opal Creek Wilderness, as depicted on

14 the map described in section 102(2), is hereby des15 ignated as wilderness, subject to the provisions of

16 the Wilderness Act of 1964, shall become a compo17 nent of the National Wilderness System, and shall

18 be known as the Opal Creek Wilderness;

19 (2) the part of the Bull of the Woods Wilder20 ness that is located in the Willamette National For21 est shall be incorporated into the Opal Creek

22 Wildnerness; and

23 (3) the Secretary shall establish the Opal Creek

24 Scenic Recreation Area in the Willamette National

25 Forest in the State of Oregon, comprising approxi-
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1 mately 13,000 acres, as generally depicted on the

2 map described in section 102(3).

3 (b) CONDITIONS.—The designations in subsection

4 (a) shall not take effect unless the Secretary makes a de5 termination, not later than 2 years after the date of en6 actment of this title, that the following conditions have

7 been met:

8 (1) the following have been donated to the

9 United States in an acceptable condition and with10 out encumbrances—

11 (A) all right, title, and interest in the fol12 lowing patented parcels of land—

13 (i) Santiam number 1, mineral survey

14 number 992, as described in patent num15 ber 39–92–0002, dated December 11,

16 1991;

17 (ii) Ruth Quartz Mine number 2, min18 eral survey number 994, as described in

19 patent number 39–91–0012, dated Feb20 ruary 12, 1991;

21 (iii) Morning Star Lode, mineral sur22 vey number 993, as described in patent

23 number 36–91–0011, dated February 12,

24 1991;
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1 (B) all right, title, and interest held by any

2 entity other than the Times Mirror Land and

3 Timber Company, its successors and assigns, in

4 and to lands located in section 18, township 8

5 south, range 5 east, Marion County, Oregon,

6 Eureka numbers 6, 7, 8, and 13 mining claims;

7 and

8 (C) an easement across the Hewitt, Star9 vation, and Poor Boy Mill Sites, mineral survey

10 number 990, as described in patent number 36–

11 91–0017, dated May 9, 1991. In the sole dis12 cretion of the Secretary, such easement may be

13 limited to administrative use if an alternative

14 access route, adequate and appropriate for pub15 lic use, is provided.

16 (2) a binding agreement has been executed by

17 the Secretary and the owners of record as of March

18 29, 1996, of the following interests, specifying the

19 terms and conditions for the disposition of such in20 terests to the United States Government—

21 (A) the lode mining claims known as Prin22 cess Lode, Black Prince Lode, and King num23 ber 4 Lode, embracing portions of sections 29

24 and 32, township 8 south, range 5 east, Wil25 lamette Meridian, Marion County, Oregon, the
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1 claims being more particularly described in the

2 field notes and depicted on the plat of mineral

3 survey number 887, Oregon; and

4 (B) Ruth Quartz Mine number 1, mineral

5 survey number 994, as described in patent

6 number 39–91–0012, dated February 12, 1991.

7 (c) ADDITIONS TO THE WILDERNESS AND SCENIC

8 RECREATION AREAS.—

9 (1) Lands or interests in lands conveyed to the

10 United States under this section shall be included in

11 and become part of, as appropriate, Opal Creek Wil12 derness or the Opal Creek Scenic Recreation Area.

13 (2) On acquiring all or substantially all of the

14 land located in section 36, township 8 south, range

15 4 east, of the Willamette Meridian, Marion County,

16 Oregon, commonly known as the Rosboro section, by

17 exchange, purchase from a willing seller, or by dona18 tion, the Secretary shall expand the boundary of the

19 Scenic Recreation Area to include such land.

20 (3) On acquiring all or substantially all of the

21 land located in section 18, township 8 south, range

22 5 east, Marion County, Oregon, commonly known as

23 the Times Mirror property, by exchange, purchase

24 from a willing seller, or by donation, such land shall
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1 be included in and become a part of the Opal Creek

2 Wilderness.

3 SEC. 105. ADMINISTRATION OF THE SCENIC RECREATION

4 AREA.

5 (a) IN GENERAL.—The Secretary shall administer

6 the Scenic Recreation Area in accordance with this title

7 and the laws (including regulations) applicable to the Na8 tional Forest System.

9 (b) OPAL CREEK MANAGEMENT PLAN.—

10 (1) IN GENERAL.—Not later than 2 years after

11 the date of establishment of the Scenic Recreation

12 Area, the Secretary, in consultation with the advi13 sory committee established under section 106(a),

14 shall prepare a comprehensive Opal Creek Manage15 ment Plan (Management Plan) for the Scenic Recre16 ation Area.

17 (2) INCORPORATION IN LAND AND RESOURCE

18 MANAGEMENT PLAN.—Upon its completion, the Opal

19 Creek Management Plan shall become part of the

20 land and resource management plan for the Willam21 ette National Forest and supersede any conflicting

22 provision in such land and resource management

23 plan. Nothing in this paragraph shall be construed

24 to supersede the requirements of the Endangered

25 Species Act or the National Forest Management Act
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1 or regulations promulgated under those Acts, or any

2 other law.

3 (3) REQUIREMENTS.—The Opal Creek Manage4 ment Plan shall provide for a broad range of and

5 uses, including—

6 (A) recreation;

7 (B) harvesting of nontraditional forest

8 products, such as gathering mushrooms and

9 material to make baskets; and

10 (C) educational and research opportunities.

11 (4) PLAN AMENDMENTS.—The Secretary may

12 amend the Opal Creek Management Plan as the Sec13 retary may determine to be necessary, consistent

14 with the procedures and purposes of this title.

15 (c) RECREATION.—

16 (1) RECOGNITION.—Congress recognizes recre17 ation as an appropriate use of the Scenic Recreation

18 Area.

19 (2) MINIMUM LEVELS.—The management plan

20 shall permit recreation activities at not less than the

21 levels in existence on the date of enactment of this

22 title.

23 (3) HIGHER LEVELS.—The management plan

24 may provide for levels of recreation use higher than

25 the levels in existence on the date of enactment of
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1 this title if such uses are consistent with the protec2 tion of the resource values of Scenic Recreation

3 Area.

4 (4) The management plan may include public

5 trail access through section 28, township 8 south,

6 range 5 east, Willamette Meridian, to Battle Axe

7 Creek, Opal Pool and other areas in the Opal Creek

8 Wilderness and the Opal Creek Scenic Recreation

9 Area.

10 (d) TRANSPORTATION PLANNING.—

11 (1) IN GENERAL.—Except as provided in this

12 subparagraph, motorized vehicles shall not be per13 mitted in the Scenic Recreation Area. To maintain

14 reasonable motorized and other access to recreation

15 sites and facilities in existence on the date of enact16 ment of this title, the Secretary shall prepare a

17 transportation plan for the Scenic Recreation Area

18 that—

19 (A) evaluates the road network within the

20 Scenic Recreation Area to determine which

21 roads should be retained and which roads

22 should be closed;

23 (B) provides guidelines for transportation

24 and access consistent with this title;
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1 (C) considers the access needs of persons

2 with disabilities in preparing the transportation

3 plan for the Scenic Recreation Area;

4 (D) allows forest road 2209 beyond the

5 gate to the Scenic Recreation Area, as depicted

6 on the map described in 102(2), to be used by

7 motorized vehicles only for administrative pur8 poses and for access by private inholders, sub9 ject to such terms and conditions as the Sec10 retary may determine to be necessary; and

11 (E) restricts construction on or improve12 ments to forest road 2209 beyond the gate to

13 the Scenic Recreation Area to maintaining the

14 character of the road as it existed upon the

15 date of enactment of this title, which shall not

16 include paving or widening. In order to comply

17 with subsection 107(b) of this title, the Sec18 retary may make improvements to forest road

19 2209 and its bridge structures consistent with

20 the character of the road as it existed on the

21 date of enactment of this title.

22 (e) HUNTING AND FISHING.—

23 (1) IN GENERAL.—Subject to applicable Fed24 eral and State law, the Secretary shall permit hunt25 ing and fishing in the Scenic Recreation Area.
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1 (2) LIMITATION.—The Secretary may designate

2 zones in which, and establish periods when, no hunt3 ing or fishing shall be permitted for reasons of pub4 lic safety, administration, or public use and enjoy5 ment of the Scenic Recreation Area.

6 (3) CONSULTATION.—Except during an emer7 gency, as determined by the Secretary, the Secretary

8 shall consult with the Oregon State Department of

9 Fish and Wildlife before issuing any regulation

10 under this subsection.

11 (f) TIMBER CUTTING.—

12 (1) IN GENERAL.—Subject to paragraph (2),

13 the Secretary shall prohibit the cutting and/or sell14 ing of trees in the Scenic Recreation Area.

15 (2) PERMITTED CUTTING.—

16 (A) IN GENERAL.—Subject to subpara17 graph (B), the Secretary may allow the cutting

18 of trees in the Scenic Recreation Area only—

19 (i) for public safety, such as to control

20 the continued spread of a forest fire in the

21 Scenic Recreation Area or on land adjacent

22 to the Scenic Recreation Area;

23 (ii) for activities related to adminis24 tration of the Scenic Recreation Area, con-
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1 sistent with the Opal Creek Management

2 Plan; or

3 (iii) for removal of hazard trees along

4 trails and roadways.

5 (B) SALVAGE SALES.—The Secretary may

6 not allow a salvage sale in the Scenic Recre7 ation Area.

8 (g) WITHDRAWAL.—

9 (1) Subject to valid existing rights, all lands in

10 the Scenic Recreation Area are withdrawn from—

11 (i) any form of entry, appropriation, or

12 disposal under the public land laws;

13 (ii) location, entry, and patent under the

14 mining laws; and

15 (iii) disposition under the mineral and geo16 thermal leasing laws.

17 (h) BORNITE PROJECT.—

18 (1) Nothing in this title shall be construed to

19 interfere with or approve any exploration, mining, or

20 mining-related activity in the Bornite Project Area,

21 depicted on the map described in subsection 102(3),

22 conducted in accordance with applicable laws.

23 (2) Nothing in this title shall be construed to

24 interfere with the ability of the Secretary to approve

25 and issue, or deny, special use permits in connection
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1 with exploration, mining, and mining-related activi2 ties in the Bornite Project Area.

3 (3) Motorized vehicles, roads, structures, and

4 utilities (including but not limited to power lines and

5 water lines) may be allowed inside the Scenic Recre6 ation Area to serve the activities conducted on land

7 within the Bornite Project.

8 (4) After the date of enactment of this title, no

9 patent or claim shall be issued for any mining claim

10 under the general mining laws located within the

11 Bornite Project Area.

12 (i) WATER IMPOUNDMENTS.—Notwithstanding

13 the Federal Power Act (16 U.S.C. 791a et seq.), the

14 Federal Energy Regulatory Commission may not license

15 the construction of any dam, water conduit, reservoir,

16 powerhouse, transmission line, or other project work in

17 the Scenic Recreation Area, except as may be necessary

18 to comply with the provisions of subsection 105(h) with

19 regard to the Bornite Project.

20 (j) CULTURAL AND HISTORIC RESOURCE INVEN21 TORY.—

22 (1) IN GENERAL.—Not later than 1 year after

23 the date of establishment of the Scenic Recreation

24 Area, the Secretary shall review and revise the in25 ventory of the cultural and historic resources on the
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1 public land in the Scenic Recreation Area developed

2 pursuant to the Oregon Wilderness Act of 1984

3 (Public Law 98–328; 16 U.S.C. 1132).

4 (2) INTERPRETATION.—Interpretive activities

5 shall be developed under the management plan in

6 consultation with State and local historic preserva7 tion organizations and shall include a balanced and

8 factual interpretation of the cultural, ecological, and

9 industrial history of forestry and mining in the Sce10 nic Recreation Area.

11 (k) PARTICIPATION.—So that the knowledge, ex12 pertise, and views of all agencies and groups may contrib13 ute affirmatively to the most sensitive present and future

14 use of the Scenic Recreation Area and its various sub15 areas for the benefit of the public:

16 (1) ADVISORY COUNCIL.—The Secretary shall

17 consult on a periodic and regular basis with the ad18 visory council established under section 106 with re19 spect to matters relating to management of the Sce20 nic Recreation Area.

21 (2) PUBLIC PARTICIPATION.—The Secretary

22 shall seek the views of private groups, individuals,

23 and the public concerning the Scenic Recreation

24 Area.
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1 (3) OTHER AGENCIES.—The Secretary shall

2 seek the views and assistance of, and cooperate with,

3 any other Federal, State, or local agency with any

4 responsibility for the zoning, planning, or natural re5 sources of the Scenic Recreation Area.

6 (4) NONPROFIT AGENCIES AND ORGANIZA7 TIONS.—The Secretary shall seek the views of any

8 nonprofit agency or organization that may contrib9 ute information or expertise about the resources and

10 the management of the Scenic Recreation Area.

11 SEC. 106. ADVISORY COUNCIL.

12 (a) ESTABLISHMENT.—Not later than 90 days

13 after the establishment of the Scenic Recreation Area,

14 the Secretary shall establish an advisory council for the

15 Scenic Recreation Area.

16 (b) MEMBERSHIP.—The advisory council shall

17 consist of not more than 13 members, of whom—

18 (1) 1 member shall represent Marion County,

19 Oregon, and shall be designated by the governing

20 body of the county;

21 (2) 1 member shall represent the State of Or22 egon and shall be designated by the Governor of Or23 egon; and
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1 (3) 1 member shall represent the city of Salem,

2 and shall be designated by the mayor of Salem, Or3 egon;

4 (4) 1 member from a city within a 25-mile ra5 dius of the Opal Creek Scenic Recreation Area, to

6 be designated by the Governor of the State of Or7 egon from a list of candidates provided by the may8 ors of the cities located within a 25-mile radius of

9 the Opal Creek Scenic Recreation Area; and

10 (5) not more than 9 members shall be ap11 pointed by the Secretary from among persons who,

12 individually or through association with a national or

13 local organization, have an interest in the adminis14 tration of the Scenic Recreation Area, including, but

15 not limited to, representatives of the timber indus16 try, environmental organizations, the mining indus17 try, inholders in the Opal Creek Wilderness and Sce18 nic Recreation Area, economic development interests

19 and Indian Tribes.

20 (c) STAGGERED TERMS.—Members of the advi21 sory council shall serve for staggered terms of three

22 years.

23 (d) CHAIRMAN.—The Secretary shall designate

24 one member of the advisory council as chairman.
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1 (e) VACANCIES.—The Secretary shall fill a va2 cancy on the advisory council in the same manner as the

3 original appointment.

4 (f) COMPENSATION.—Members of the advisory

5 council shall receive no compensation for service on the

6 advisory council.

7 SEC. 107. GENERAL PROVISIONS.

8 (a) LAND ACQUISITION.—

9 (1) IN GENERAL.—Subject to the other provi10 sions of this title the Secretary may acquire any

11 lands or interests in land in the Scenic Recreation

12 Area or the Opal Creek Wilderness that the Sec13 retary determines are needed to carry out this title.

14 (2) PUBLIC LAND.—Any lands or interests in

15 land owned by a State or a political subdivision of

16 a State may be acquired only by donation or ex17 change.

18 (3) CONDEMNATION.—Within the boundaries of

19 the Opal Creek Wilderness or the Scenic Recreation

20 Area, the Secretary may not acquire any privately

21 owned land or interest in land without the consent

22 of the owner unless the Secretary finds that—

23 (A) the nature of land use has changed

24 significantly, or the landowner has dem25 onstrated intent to change the land use signifi-
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1 cantly, from the use that existed on the date of

2 the enactment of this title; and

3 (B) acquisition by the Secretary of the

4 land or interest in land is essential to ensure

5 use of the land or interest in land in accordance

6 with the purposes of this title or the manage7 ment plan prepared under section 105(b).

8 (4) Nothing in this title shall be construed to

9 enhance or diminish the condemnation authority

10 available to the Secretary outside the boundaries of

11 the Opal Creek Wilderness of the Scenic Recreation

12 Area.

13 (b) ENVIRONMENTAL RESPONSE ACTIONS AND

14 COST RECOVERY.—

15 (1) RESPONSE ACTIONS.—Nothing in this title

16 shall limit the authority of the Secretary or a re17 sponsible party to conduct an environmental re18 sponse action in the Scenic Recreation Area in con19 nection with the release, threatened release, or clean20 up of a hazardous substance, pollutant, or contami21 nant, including a response action conducted under

22 the Comprehensive Environmental Response, Com23 pensation, and Liability Act of 1980 (42 U.S.c.

24 9601 et seq.).
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1 (2) LIABILITY.—Nothing in this title shall limit

2 the authority of the Secretary or a responsible party

3 to recover costs related to the release, threatened re4 lease, or cleanup of any hazardous substance or pol5 lutant or contaminant in the Scenic Recreation

6 Area.

7 (c) MAPS AND DESCRIPTION.—

8 (1) IN GENERAL.—As soon as practicable after

9 the date of enactment of this title, the Secretary

10 shall file a map and a boundary description for the

11 Opal Creek Wilderness and for the Scenic Recre12 ation Area with the Committee on Resources of the

13 House of Representatives and the Committee on En14 ergy and Natural Resources of the Senate.

15 (2) FORCE AND EFFECT.—The boundary de16 scription and map shall have the same force and ef17 fect as if the description and map were included in

18 this title, except that the Secretary may correct cler19 ical and typographical errors in the boundary de20 scription and map.

21 (3) AVAILABILITY.—The map and boundary de22 scription shall be on file and available for public in23 spection in the Office of the Chief of the Forest

24 Service, Department of Agriculture.
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1 (d) Nothing in this title shall interfere with any

2 activity for which a special use permit has been issued,

3 has not been revoked, and has not expired, before the

4 date of enactment of this title, subject to the terms of the

5 permit.

6 SEC. 108. ROSBORO LAND EXCHANGE.

7 (a) AUTHORIZATION.—Notwithstanding any other

8 law, if the Rosboro Lumber Company (referred to in this

9 section as ‘‘Rosboro’’) offers and conveys marketable title

10 to the United States to the land described in subsection

11 (b), the Secretary of Agriculture shall convey all right,

12 title and interest held by the United States to sufficient

13 lands described in subsection (c) to Rosboro, in the order

14 in which they appear in subsection (c), as necessary to

15 satisfy the equal value requirements of subsection (d).

16 (b) LAND TO BE OFFERED BY ROSBORO.—The

17 land referred to in subsection (a) as the land to be of18 fered by Rosboro shall comprise Section 36, Township 8

19 South, range 4 east, Willamette Meridian.

20 (c) LAND TO BE CONVEYED BY THE UNITED

21 STATES.—The land referred to in subsection (a) as the

22 land to be conveyed by the United States shall comprise

23 sufficient land from the following prioritized list to be of

24 equal value under subparagraph (d):
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1 (1) Section 5, Township 17 South, Range 4

2 East, Lot 7 (37.63 acres).

3 (2) Section 2, Township 17 South, Range 4

4 East, Lot 3 (29.28 acres).

5 (3) Section 13, Township 17 South, Range 4

East, S1⁄2 SE1 6 ⁄4 (80 acres).

7 (4) Section 2, Township 17 South, Range 4

East, SW1⁄4 SW1 8 ⁄4 (40 acres).

9 (5) Section 2, Township 17 South, Range 4

East, NW1⁄4 SE1 10 ⁄4 (40 acres).

11 (6) Section 8, Township 17 South, Range 4

East, SE1⁄4 SW1 12 ⁄4 (40 acres).

13 (7) Section 11, Township 17 South, Range 4

East, W1⁄2 NW1 14 ⁄4 (80 acres).

15 (d) EQUAL VALUE.—The land and interests in

16 land exchanged under this section shall be of equal mar17 ket value as determined by nationally recognized ap18 praisal standards, including, to the extent appropriate,

19 the Uniform Standards for Federal Land Acquisition, the

20 Uniform Standards of Professional Appraisal Practice, or

21 shall be equalized by way of payment of cash pursuant

22 to the provisions of section 206(d) of the Federal Land

23 Policy and Management Act of 1976 (43 U.S.C.

24 1716(d)), and other applicable law. The appraisal shall

25 consider access costs for the parcels involved.
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1 (c) TIMETABLE.—

2 (1) The exchange directed by this section shall

3 be consummated not later than 120 days after the

4 date Rosboro offers and conveys the property de5 scribed in subsection (b) to the United States.

6 (2) The authority provided by this section shall

7 lapse if Rosboro fails to offer the land described in

8 subsection (b) within two years after the date of en9 actment of this title.

10 (f) Rosboro shall have the right to challenge in

11 United States District Court for the District of Oregon

12 a determination of marketability under subsection (a)

13 and a determination of value for the lands described in

14 subsections (b) and (c) by the Secretary of Agriculture.

15 The Court shall have the authority to order the Secretary

16 to complete the transaction contemplated in this Section.

17 (g) AUTHORIZATION OF APPROPRIATIONS.—There

18 are authorized to be appropriated such sums as are nec19 essary to carry out this section.

20 SEC. 109. DESIGNATION OF ELKHORN CREEK AS A WILD

21 AND SCENIC RIVER.

22 Section 3(a) of the Wild and Scenic Rivers Act

23 (16 U.S.C. 1274(a)) is amended by adding at the end the

24 following:
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1 ‘‘( ) (A) ELKHORN CREEK.—The 6.4 mile seg2 ment traversing federally administered lands from that

3 point along the Willamette National Forest boundary on

4 the common section line between Sections 12 and 13,

5 Township 9 South, Range 4 East, Willamette Meridian,

6 to that point where the segment leaves federal ownership

7 along the Bureau of Land Management boundary in Sec8 tion 1, Township 9 South, Range 3 East, Willamette Me9 ridian, in the following classes:

10 ‘‘(i) a 5.8-mile wild river area, extending from

11 that point along the Willamette National Forest

12 boundary on the common section line between Sec13 tions 12 and 13, Township 9 South, Range 4 East,

14 Willamette Meridian, to its confluence with Buck

15 Creek in Section 1, Township 9 South, Range 3

16 East, Willamette Meridian, to be administered as

17 agreed on by the Secretaries of Agriculture and the

18 Interior, or as directed by the President; and

19 ‘‘(ii) a 0.6-mile scenic river area, extending

20 from the confluence with Buck Creek in Section 1,

21 Township 9 South, Range 3 East, Willamette Merid22 ian, to that point where the segment leaves federal

23 ownership along the Bureau of Land Management

24 boundary in Section 1, Township 9 South, Range 3

25 East, Willamette Meridian, to be administered by
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1 the Secretary of Interior, or as directed by the

2 President.

3 ‘‘(B) Notwithstanding section 3(b) of this

4 Act, the lateral boundaries of both the wild

5 river area and the scenic river area along Elk6 horn Creek shall include an average of not more

7 than 640 acres per mile measured from the or8 dinary high water mark on both sides of the

9 river.’’

10 SEC. 110. ECONOMIC DEVELOPMENT.

11 (a) ECONOMIC DEVELOPMENT PLAN.—As a con12 dition for receiving funding under subsection (b) of this

13 section, the State of Oregon, in consultation with Marion

14 County and the Secretary of Agriculture, shall develop a

15 plan for economic development projects for which grants

16 under this section may be used in a manner consistent

17 with this title and to benefit local communities in the vi18 cinity of the Opal Creek area. Such plan shall be based

19 on an economic opportunity study and other appropriate

20 information.

21 (b) FUNDS PROVIDED TO THE STATES FOR

22 GRANTS.—Upon completion of the Opal Creek Manage23 ment Plan, and receipt of the plan referred to in sub24 section (a) of this section, the Secretary shall provide,

25 subject to appropriations, $15,000,000, to the State of
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1 Oregon. Such funds shall be used to make grants or

2 loans for economic development projects that further the

3 purposes of this title and benefit the local communities

4 in the vicinity of Opal Creek.

5 (c) REPORT.—The State of Oregon shall—

6 (1) prepare and provide the Secretary and Con7 gress with an annual report on the use of the funds

8 made available under this section;

9 (2) make available to the Secretary and to Con10 gress, upon request, all accounts, financial records,

11 and other information related to grants and loans

12 made available pursuant to this section; and

13 (3) as loans are repaid, make additional grants

14 and loans with the money made available for obliga15 tion by such repayments.

16 TITLE II—UPPER KLAMATH

17 BASIN

18 SEC. 201. UPPER KLAMATH BASIN ECOLOGICAL RESTORA19 TION PROJECTS.

20 (a) DEFINITIONS.—In this section:

21 (1) ECOSYSTEM RESTORATION OFFICE.—The

22 term ‘‘Ecosystem Restoration Office’’ means the

23 Klamath Basin Ecosystem Restoration Office oper24 ated cooperatively by the United States Fish and
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1 Wildlife Service, Bureau of Reclamation, Bureau of

2 Land Management, and Forest Service.

3 (2) WORKING GROUP.—The term ‘‘Working

4 Group’’ means the Upper Klamath Basin Working

5 Group, established before the date of enactment of

6 this title, consisting of members nominated by their

7 represented groups, including:

8 (A) 3 tribal members;

9 (B) 1 representative of the city of Klamath

10 Falls, Oregon;

11 (C) 1 representative of Klamath County,

12 Oregon;

13 (D) 1 representative of institutions of

14 higher education in the Upper Klamath Basin;

15 (E) 4 representatives of the environmental

16 community, including at least one such rep17 resentative from the State of California with in18 terests in the Klamath Basin National Wildlife

19 Refuge Complex.

20 (F) 4 representatives of local businesses

21 and industries, including at least one represent22 ative of the wood products industry and one

23 representative of the ocean commercial fishing

24 industry and/or recreational fishing industry

25 based in either Oregon or California;
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1 (G) 4 representatives of the ranching and

2 farming community, including representatives

3 of Federal lease-land farmers and ranchers and

4 of private land farmers and ranchers in the

5 Upper Klamath Basin;

6 (H) 2 representatives from State of Or7 egon agencies with authority and responsibility

8 in the Klamath River Basin, including one from

9 the Oregon Department of Fish and Wildlife

10 and one from the Oregon Water Resources De11 partment;

12 (I) 4 representatives from the local com13 munity;

14 (J) 1 representative each from the follow15 ing Federal resource management agencies in

16 the Upper Klamath Basin: Fish and Wildlife

17 Service, Bureau of Reclamation, Bureau of

18 Land Management, Bureau of Indian Affairs,

19 Forest Service, Natural Resources Conservation

20 Service, National Marine Fisheries Service and

21 Ecosystem Restoration Office; and

22 (K) 1 representative of the Klamath Coun23 ty Soil and Water Conservation District.

24 (3) SECRETARY.—The term ‘‘Secretary’’ means

25 the Secretary of the Interior.
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1 (4) TASK FORCE.—The term ‘‘Task Force’’

2 means the Klamath River Basin Fisheries Task

3 Force as established by the Klamath River Basin

4 Fishery Resource Restoration Act (Public Law 99–

5 552, 16 U.S.C. 460ss–3, et seq.).

6 (5) COMPACT COMMISSION.—The term ‘‘Com7 pact Commission’’ means the Klamath River Basin

8 Compact Commission created pursuant to the Klam9 ath River Compact Act of 1954.

10 (6) CONSENSUS.—The term ‘‘consensus’’ means

11 an unanimous agreement by the Working Group

12 members present and consisting of at least a

13 quorum at a regularly scheduled business meeting.

14 (7) QUORUM.—The term ‘‘quorum’’ means one

15 more than half of those qualified Working Group

16 members appointed and eligible to serve.

17 (8) TRINITY TASK FORCE.—The term ‘‘Trinity

18 Task Force’’ means the Trinity River Restoration

19 Task Force created by Public Law 98–541, as

20 amended by Public Law 104–143.

21 (b) IN GENERAL.—

22 (1) The Working Group through the Ecosystem

23 Restoration Office, with technical assistance from

24 the Secretary, will propose ecological restoration

25 projects, economic development and stability
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1 projects, and projects designed to reduce the impacts

2 of drought conditions to be undertaken in the Upper

3 Klamath Basin based on a consensus of the Working

4 Group membership.

5 (2) The Secretary shall pay, to the greatest ex6 tent feasible, up to 50 percent of the cost of per7 forming any project approved by the Secretary or his

8 designee, up to a total amount of $1,000,000 during

9 each of fiscal years 1997 through 2001.

10 (3) Funds made available under this title

11 through the Department of the Interior or the De12 partment of Agriculture shall be distributed through

13 the Ecosystem Restoration Office.

14 (4) The Ecosystem Restoration Office may uti15 lize not more than 15 percent of all Federal funds

16 administered under this section for administrative

17 costs relating to the implementation of this title.

18 (5) All funding recommendations developed by

19 the Working Group shall be based on a consensus of

20 Working Group members.

21 (c) COORDINATION.—

22 (1) The Secretary shall formulate a cooperative

23 agreement among the Working Group, the Task

24 Force, the Trinity Task Force and the Compact

25 Commission for the purposes of ensuring that
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1 projects proposed and funded through the Working

2 Group are consistent with other basin-wide fish and

3 wildlife restoration and conservation plans, including

4 but not limited to plans developed by the Task Force

5 and the Compact Commission.

6 (2) To the greatest extent practicable, the

7 Working Group shall provide notice to, and accept

8 input from, two members each of the Task Force,

9 the Trinity Task Force, and the Compact Commis10 sion, so appointed by those entities, for the express

11 purpose of facilitating better communication and co12 ordination regarding additional basin-wide fish and

13 wildlife and ecosystem restoration and planning ef14 forts. The roles and relationships of the entities in15 volved shall be clarified in the cooperative agree16 ment.

17 (d) PUBLIC MEETINGS.—The Working Group

18 shall conduct all meetings subject to applicable open

19 meeting and public participation laws. The chartering re20 quirements of 5 U.S.C. App 2 ss 1–15 are hereby deemed

21 to have been met by this section.

22 (e) TERMS AND VACANCIES.—Working Group

23 members shall serve for 3-year terms, beginning on the

24 date of enactment of this title. Vacancies which occur for

25 any reason after the date of enactment of this title shall
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1 be filled by direct appointment of the governor of the

2 State of Oregon, in consultation with the Secretary of the

3 Interior and the Secretary of Agriculture, in accordance

4 with nominations from the appropriate groups, interests,

5 and government agencies outlined in subsection (a)(2).

6 (f) RIGHTS, DUTIES AND AUTHORITIES UNAF7 FECTED.—The Working Group will supplement, rather

8 than replace, existing efforts to manage the natural re9 sources of the Klamath Basin. Nothing in this title af10 fects any legal right, duty or authority of any person or

11 agency, including any member of the working group.

12 (g) AUTHORIZATION OF APPROPRIATIONS.—There

13 are authorized to be appropriated to carry out this title

14 $1,000,000 for each of fiscal years 1997 through 2002.

15 TITLE III—DESCHUTES BASIN

16 SEC. 301. DESCHUTES BASIN ECOSYSTEM RESTORATION

17 PROJECTS.

18 (a) DEFINITIONS.—In this section:

19 (1) WORKING GROUP.—The term ‘‘Working

20 Group’’ means the Deschutes River Basin Working

21 Group established before the date of enactment of

22 this title, consisting of members nominated by their

23 represented groups, including:

24 (A) 5 representatives of private interests

25 including one each from hydroelectric produc-
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1 tion, livestock grazing, timber, land develop2 ment, and recreation/tourism;

3 (B) 4 representatives of private interests

4 including two each from irrigated agriculture

5 and the environmental community;

6 (C) 2 representatives from the Confed7 erated Tribes of the Warm Springs Reservation

8 of Oregon;

9 (D) 2 representatives from Federal agen10 cies with authority and responsibility in the

11 Deschutes River Basin, including one from the

12 Department of the Interior and one from the

13 Agriculture Department;

14 (E) 2 representatives from the State of Or15 egon agencies with authority and responsibility

16 in the Deschutes River Basin, including one

17 from the Oregon Department of Fish and Wild18 life and one from the Oregon Water Resources

19 Department; and

20 (F) 4 representatives from county or city

21 governments within the Deschutes River Basin

22 county and/or city governments.

23 (2) SECRETARY.—The term ‘‘Secretary’’ means

24 the Secretary of the Interior.
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1 (3) FEDERAL AGENCIES.—The term ‘‘Federal

2 agencies’’ means agencies and departments of the

3 United States, including, but not limited to, the Bu4 reau of Reclamation, Bureau of Indian Affairs, Bu5 reau of Land Management, Fish and Wildlife Serv6 ice, Forest Service, Natural Resources Conservation

7 Service, Farm Services Agency, the National Marine

8 Fisheries Service, and the Bonneville Power Admin9 istration.

10 (4) CONSENSUS.—The term ‘‘consensus’’ means

11 a unanimous agreement by the Working Group

12 members present and constituting at least a quorum

13 at a regularly scheduled business meeting.

14 (5) QUORUM.—The term ‘‘quorum’’ means one

15 more than half of those qualified Working Group

16 members appointed and eligible to serve.

17 (b) IN GENERAL.—

18 (1) The Working Group will propose ecological

19 restoration projects on both Federal and non-Fed20 eral lands and waters to be undertaken in the

21 Deschutes River Basin based on a consensus of the

22 Working Group, provided that such projects, when

23 involving Federal land or funds, shall be proposed to

24 the Bureau of Reclamation in the Department of the
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1 Interior and any other Federal agency with affected

2 land or funds.

3 (2) The Working Group will accept donations,

4 grants or other funds and place such funds received

5 into a trust fund, to be expended on ecological res6 toration projects which, when involving Federal land

7 or funds, are approved by the affected Federal agen8 cy.

9 (3) The Bureau of Reclamation shall pay from

10 funds authorized under subsection (h) of this title

11 up to 50 percent of the cost of performing any

12 project proposed by the Working Group and ap13 proved by the Secretary, up to a total amount of

14 $1,000,000 during each of the fiscal years 1997

15 through 2001.

16 (4) Non-Federal contributions to project costs

17 for purposes of computing the Federal matching

18 share under paragraph (3) of this subsection may

19 include in-kind contributions.

20 (5) Funds authorized in subsection (h) of this

21 title shall be maintained in and distributed by the

22 Bureau of Reclamation in the Department of the In23 terior. The Bureau of Reclamation shall not expend

24 more than 5 percent of amounts appropriated pursu-
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1 ant to subsection (h) for Federal administration of

2 such appropriations pursuant to this title.

3 (6) The Bureau of Reclamation is authorized to

4 provide by grant to the Working Group not more

5 than 5 percent of funds appropriated pursuant to

6 subsection (h) of this title for not more than 50 per7 cent of administrative costs relating to the imple8 mentation of this title.

9 (7) The Federal agencies with authority and re10 sponsibility in the Deschutes River Basin shall pro11 vide technical assistance to the Working Group and

12 shall designate representatives to serve as members

13 of the Working Group.

14 (8) All funding recommendations developed by

15 the Working Group shall be based on a consensus of

16 the Working Group members.

17 (c) PUBLIC NOTICE AND PARTICIPATION.—The

18 Working Group shall conduct all meetings subject to ap19 plicable open meeting and public participation laws. The

20 chartering requirements of 5 U.S.C. App 2 ss 1–15 are

21 hereby deemed to have been met by this section.

22 (d) PRIORITIES.—The Working Group shall give

23 priority to voluntary market-based economic incentives

24 for ecosystem restoration including, but not limited to,

25 water leases and purchases; land leases and purchases;
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1 tradable discharge permits; and acquisition of timber,

2 grazing, and land development rights to implement plans,

3 programs, measures, and projects.

4 (e) TERMS AND VACANCIES.—Members of the

5 Working Group representing governmental agencies or

6 entities shall be named by the represented government

7 agency. Members of the Working Group representing pri8 vate interests shall be named in accordance with the arti9 cles of incorporation and bylaws of the Working Group.

10 Representatives from Federal agencies will serve for

11 terms of 3 years. Vacancies which occur for any reason

12 after the date of enactment of this title shall be filled in

13 accordance with this title.

14 (f) ADDITIONAL PROJECTS.—Where existing au15 thority and appropriations permit, Federal agencies may

16 contribute to the implementation of projects rec17 ommended by the Working Group and approved by the

18 Secretary.

19 (g) RIGHTS, DUTIES AND AUTHORITIES UNAF20 FECTED.—The Working Group will supplement, rather

21 than replace, existing efforts to manage the natural re22 sources of the Deschutes Basin. Nothing in this title af23 fects any legal right, duty or authority of any person or

24 agency, including any member of the working group.
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1 (h) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated to carry out this title

3 $1,000,000 for each of fiscal years 1997 through 2001.

4 TITLE IV—MOUNT HOOD

5 CORRIDOR

6 SEC. 401. LAND EXCHANGE.

7 (a) AUTHORIZATION.—Notwithstanding any other

8 law, if Longview Fibre Company (referred to in this sec9 tion as ‘‘Longview’’) offers and conveys title that is ac10 ceptable to the United States to some or all of the land

11 described in subsection (b), the Secretary of the Interior

12 (referred to in this section as the ‘‘Secretary’’) shall con13 vey to Longview title to some or all of the land described

14 in subsection (c), as necessary to satisfy the requirements

15 of subsection (d).

16 (b) LAND TO BE OFFERED BY LONGVIEW.—The

17 land referred to in subsection (a) as the land to be of18 fered by Longview are those lands depicted on the map

19 entitled ‘‘Mt. Hood Corridor Land Exchange Map’’,

20 dated July 18, 1996.

21 (c) LAND TO BE CONVEYED BY THE SEC22 RETARY.—The land referred to in subsection (a) as the

23 land to be conveyed by the Secretary are those lands de24 picted on the map entitled ‘‘Mt. Hood Corridor Land Ex25 change Map’’, dated July 18, 1996.
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1 (d) EQUAL VALUE.—The land and interests in

2 land exchanged under this section shall be of equal mar3 ket value as determined by nationally recognized ap4 praisal standards, including, to the extent appropriate,

5 the Uniform Standards for Federal Land Acquisition, the

6 Uniform Standards of Professional Appraisal Practice, or

7 shall be equalized by way of payment of cash pursuant

8 to the provisions of section 206(d) of the Federal Land

9 Policy and Management Act of 1976 (43 U.S.C.

10 1716(d)), and other applicable law.

11 (e) REDESIGNATION OF LAND TO MAINTAIN REV12 ENUE FLOW.—So as to maintain the current flow of rev13 enue from land subject to the Act entitled ‘‘An Act relat14 ing to the revested Oregon and California Railroad and

15 reconveyed Coos Bay Wagon Road grant land situated in

16 the State of Oregon’’, approved August 28, 1937 (43

17 U.S.C. 1181a et seq.), the Secretary may redesignate

18 public domain land located in and west of Range 9 East,

19 Willamette Meridian, Oregon, as land subject to that Act.

20 (f) TIMETABLE.—The exchange directed by this

21 section shall be consummated not later than 1 year after

22 the date of enactment of this title.

23 (g) WITHDRAWAL OF LANDS.—All lands managed

24 by the Department of the Interior, Bureau of Land Man25 agement, located in Townships 2 and 3 South, Ranges 6
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1 and 7 East, Willamette Meridian, which can be seen from

2 the right-of-way of U.S. Highway 26 (in this section,

3 such lands are referred to as the ‘‘Mt. Hood Corridor

4 Lands’’), shall be managed primarily for the protection

5 or enhancement of scenic qualities. Management prescrip6 tions for other resource values associated with these

7 lands shall be planned and conducted for purposes other

8 than timber harvest, so as not to impair the scenic quali9 ties of the area.

10 (h) TIMBER CUTTING.—Timber cutting may be

11 conducted on Mt. Hood Corridor Lands following a re12 source-damaging catastrophic event. Such cutting may

13 only be conducted to achieve the following resource man14 agement objectives, in compliance with the current land

15 use plans—

16 (1) to maintain safe conditions for the visiting

17 public;

18 (2) to control the continued spread of forest

19 fire;

20 (3) for activities related to administration of

21 the Mt. Hood Corridor Lands; or

22 (4) for removal of hazard trees along trails and

23 roadways.

24 (i) ROAD CLOSURE.—The forest road gate located

25 on Forest Service Road 2503, located in T. 2 S., R. 6
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1 E., sec. 14, shall remain closed and locked to protect re2 sources and prevent illegal dumping and vandalism. Ac3 cess to this road shall be limited to—

4 (1) Federal and State officers and employees

5 acting in an official capacity;

6 (2) employees and contractors conducting au7 thorized activities associated with the telecommuni8 cation sites located in T. 2 S., R. 6 E., sec. 14; and

9 (3) the general public for recreational purposes,

10 except that all motorized vehicles will be prohibited.

11 (j) NEPA EXEMPTION.—The National Environ12 mental Policy Act of 1969 (P.L. 91–190) shall not apply

13 to this section for one year after the date of enactment

14 of this title.

15 (k) AUTHORIZATION OF APPROPRIATIONS.—There

16 are authorized to be appropriated such sums as are nec17 essary to carry out this section.

18 TITLE V—COQUILLE TRIBAL

19 FOREST

20 SEC. 501. CREATION OF THE COQUILLE FOREST.

21 (a) The Coquille Restoration Act (P.L. 101–42) is

22 amended by inserting at the end of section 5 the follow23 ing:

24 ‘‘(d) CREATION OF THE COQUILLE FOREST.—

25 ‘‘(1) DEFINITIONS.—In this subsection:
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1 ‘‘(A) the term ‘Coquille Forest’ means cer2 tain lands in Coos County, Oregon, comprising

3 approximately 5,400 acres, as generally de4 picted on the map entitled ‘Coquille Forest Pro5 posal’, dated July 8, 1996.

6 ‘‘(B) the term ‘Secretary’ means the Sec7 retary of the Interior.

8 ‘‘(C) the term ‘the Tribe’ means the

9 Coquille Tribe of Coos County, Oregon.

10 ‘‘(2) MAP.—The map described in subpara11 graph (d)(1)(A), and such additional legal descrip12 tions which are applicable, shall be placed on file at

13 the local District Office of the Bureau of Land Man14 agement, the Agency Office of the Bureau of Indian

15 Affairs, and with the Senate Committee on Energy

16 and Natural Resources and the House Committee on

17 Resources.

18 ‘‘(3) INTERIM PERIOD.—From the date of en19 actment of this subsection until two years after the

20 date of enactment of this subsection, the Bureau of

21 Land Management shall:

22 ‘‘(A) retain Federal jurisdiction for the

23 management of lands designated under this

24 subsection as the Coquille Forest and continue
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1 to distribute revenues from such lands in a

2 manner consistent with existing law; and,

3 ‘‘(B) prior to advertising, offering or

4 awarding any timber sale contract on lands des5 ignated under this subsection as the Coquille

6 Forest, obtain the approval of the Assistant

7 Secretary for Indian Affairs, acting on behalf of

8 and in consultation with the Tribe.

9 (4) TRANSITION PLANNING AND DESIGNA10 TION.—

11 ‘‘(A) During the two year interim period

12 provided for in paragraph (3), the Assistant

13 Secretary for Indian Affairs, acting on behalf of

14 and in consultation with the Tribe, is author15 ized to initiate development of a forest manage16 ment plan for the Coquille Forest to the Assist17 ant Secretary for Indian Affairs.

18 ‘‘(B) Two years after the date of enact19 ment of this subsection, the Secretary shall take

20 the lands identified under subparagraph

21 (d)(1)(A) into trust, and shall hold such lands

22 in trust, in perpetuity, for the Coquille Tribe.

23 Such lands shall be thereafter designated as the

24 Coquille Forest.
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1 ‘‘(C) So as to maintain the current flow of

2 revenue from land subject to the Act entitled

3 ‘An Act relating to the revested Oregon and

4 California Railroad and reconveyed Coos Bay

5 Wagon Road grant land situated in the State of

6 Oregon’ (the O&C Act), approved August 28,

7 1937 (43 U.S.C. 1181a et seq.), the Secretary

8 shall redesignate, from public domain lands

9 within the tribe’s service area, as defined in this

10 Act, certain lands to be subject to the O&C Act.

11 Lands redesignated under this subparagraph

12 shall not exceed lands sufficient to constitute

13 equivalent timber value as compared to lands

14 constituting the Coquille Forest.

15 ‘‘(5) MANAGEMENT.—The Secretary of Interior,

16 acting through the Assistant Secretary for Indian

17 Affairs, shall manage the Coquille Forest under ap18 plicable State and Federal forestry and environ19 mental protection laws, and subject to critical habi20 tat designations under the Endangered Species Act,

21 and subject to the standards and guidelines of Fed22 eral forest plans on adjacent or nearby Federal

23 lands, now and in the future. The Secretary shall

24 otherwise manage the Coquille Forest in accordance

25 with the laws pertaining to the management of In-
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1 dian Trust lands and shall distribute revenues in ac2 cord with Public Law 101–630, 25 U.S.C. 3107.

3 ‘‘(A) Unprocessed logs harvested from the

4 Coquille Forest shall be subject to the same

5 Federal statutory restrictions on export to for6 eign nations that apply to unprocessed logs har7 vested from Federal lands.

8 ‘‘(B) Notwithstanding any other provision

9 of law, all sales of timber from land subject to

10 this subsection shall be advertised, offered and

11 awarded according to competitive bidding prac12 tices, with sales being awarded to the highest

13 responsible bidder.

14 ‘‘(6) INDIAN SELF DETERMINATION ACT

15 AGREEMENT.—No sooner than two years after the

16 date of enactment of this subsection, the Secretary

17 may, upon a satisfactory showing of management

18 competence and pursuant to the Indian Self-Deter19 mination Act (25 U.S.C. 450 et seq.), enter into a

20 binding Indian self-determination agreement (agree21 ment) with the Coquille Indian Tribe. Such agree22 ment may provide for the tribe to carry out all or

23 a portion of the forest management for the Coquille

24 Forest.
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1 ‘‘(A) Prior to entering such an agreement,

2 and as a condition of maintaining such an

3 agreement, the Secretary must find that the

4 Coquille Tribe has entered into a binding

5 memorandum of agreement (MOA) with the

6 State of Oregon, as required under paragraph

7 7.

8 ‘‘(B) The authority of the Secretary to re9 scind the Indian self-determination agreement

10 shall not be encumbered.

11 ‘‘(i) The Secretary shall rescind the

12 agreement upon a demonstration that the

13 tribe and the State of Oregon are no

14 longer engaged in a memorandum of

15 agreement as required under paragraph 7.

16 ‘‘(ii) The Secretary may rescind the

17 agreement on a showing that the Tribe has

18 managed the Coquille Forest in a manner

19 inconsistent with this subsection, or the

20 Tribe is no longer managing, or capable of

21 managing, the Coquille Forest in a manner

22 consistent with this subsection.

23 ‘‘(7) MEMORANDUM OF AGREEMENT.—The

24 Coquille Tribe shall enter into a memorandum of

25 agreement (MOA) with the State of Oregon relating
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1 to the establishment and management of the

2 Coquille Forest. The MOA shall include, but not be

3 limited to, the terms and conditions for managing

4 the Coquille Forest in a manner consistent with

5 paragraph (5) of this subsection, preserving public

6 access, advancing jointly-held resource management

7 goals, achieving tribal restoration objectives and es8 tablishing a coordinated management framework.

9 Further, provisions set forth in the MOA shall be

10 consistent with federal trust responsibility require11 ments applicable to Indian trust lands and para12 graph (5) of this subsection.

13 ‘‘(8) PUBLIC ACCESS.—The Coquille Forest

14 shall remain open to public access for purposes of

15 hunting, fishing, recreation and transportation, ex16 cept when closure is required by state or federal law,

17 or when the Coquille Indian Tribe and the State of

18 Oregon agree in writing that restrictions on access

19 are necessary or appropriate to prevent harm to nat20 ural resources, cultural resources or environmental

21 quality: Provided, That the State of Oregon’s agree22 ment shall not be required when immediate action is

23 necessary to protect archaeological resources.

24 ‘‘(9) JURISDICTION.—
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1 ‘‘(A) The United States District Court for

2 the District of Oregon shall have jurisdiction

3 over actions against the Secretary arising out of

4 claims that this subsection has been violated.

5 Consistent with existing precedents on standing

6 to sue, any affected citizen may bring suit

7 against the Secretary for violations of this sub8 section, except that suit may not be brought

9 against the Secretary for claims that the MOA

10 has been violated. The Court has the authority

11 to hold unlawful and set aside actions pursuant

12 to this subsection that are arbitrary and capri13 cious, an abuse of discretion, or otherwise an

14 abuse of law.

15 ‘‘(B) The United States District Court for

16 the District of Oregon shall have jurisdiction

17 over actions between the State of Oregon and

18 the Tribe arising out of claims of breach of the

19 MOA.

20 ‘‘(C) Unless otherwise provided for by law,

21 remedies available under this subsection shall

22 be limited to equitable relief and shall not in23 clude damages.

24 ‘‘(10) STATE REGULATORY AND CIVIL JURIS25 DICTION.—In addition to the jurisdiction described
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1 in paragraph 7 of this subsection, the State of Or2 egon may exercise exclusive regulatory civil jurisdic3 tion, including but not limited to adoption and en4 forcement of administrative rules and orders, over

5 the following subjects:

6 ‘‘(A) management, allocation and adminis7 tration of fish and wildlife resources, including

8 but not limited to establishment and enforce9 ment of hunting and fishing seasons, bag limits,

10 limits on equipment and methods, issuance of

11 permits and licenses, and approval or dis12 approval of hatcheries, game farms, and other

13 breeding facilities: Provided, That nothing here14 in shall be construed to permit the State of Or15 egon to manage fish or wildlife habitat on

16 Coquille Forest lands;

17 ‘‘(B) allocation and administration of

18 water rights, appropriation of water and use of

19 water;

20 ‘‘(C) regulation of boating activities, in21 cluding equipment and registration require22 ments, and protection of the public’s right to

23 use the waterways for purposes of boating or

24 other navigation;
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1 ‘‘(D) fills and removals from waters of the

2 State, as defined in Oregon law;

3 ‘‘(E) protection and management of the

4 State’s proprietary interests in the beds and

5 banks of navigable waterways;

6 ‘‘(F) regulation of mining, mine reclama7 tion activities, and exploration and drilling for

8 oil and gas deposits;

9 ‘‘(G) regulation of water quality, air qual10 ity (including smoke management), solid and

11 hazardous waste, and remediation of releases of

12 hazardous substances;

13 ‘‘(H) regulation of the use of herbicides

14 and pesticides; and

15 ‘‘(I) enforcement of public health and safe16 ty standards, including standards for the pro17 tection of workers, well construction and codes

18 governing the construction of bridges, buildings,

19 and other structures.

20 ‘‘(11) SAVINGS CLAUSE, STATE AUTHORITY.—

21 ‘‘(A) Nothing in this subsection shall be

22 construed to grant tribal authority over private

23 or State-owned lands.

24 ‘‘(B) To the extend that the State of Or25 egon is regulating the foregoing areas pursuant
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1 to a delegated Federal authority or a Federal

2 program, nothing in this subsection shall be

3 construed to enlarge or diminish the State’s au4 thority under such law.

5 ‘‘(C) Where both the State of Oregon and

6 the United States are regulating, nothing here7 in shall be construed to alter their respective

8 authorities.

9 ‘‘(D) To the extent that Federal law au10 thorizes the Coquille Indian Tribe to assume

11 regulatory authority over an area, nothing here12 in shall be construed to enlarge or diminish the

13 tribe’s authority to do so under such law.

14 ‘‘(E) Unless and except to the extent that

15 the tribe has assumed jurisdiction over the

16 Coquille Forest pursuant to Federal law, or

17 otherwise with the consent of the State, the

18 State of Oregon shall have jurisdiction and au19 thority to enforce its laws addressing the sub20 jects listed in subparagraph 10 of this sub21 section on the Coquille Forest against the

22 Coquille Indian Tribe, its members and all

23 other persons and entities, in the same manner

24 and with the same remedies and protections

25 and appeal rights as otherwise provided by gen-
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1 eral Oregon law. Where the State of Oregon

2 and Coquille Indian Tribe agree regarding the

3 exercise of tribal civil regulatory jurisdiction

4 over activities on the Coquille Forest lands, the

5 tribe may exercise such jurisdiction as it agreed

6 upon.

7 ‘‘(12) In the event of a conflict between Federal

8 and State law under this subsection, Federal law

9 shall control.’’.

10 TITLE VI—BULL RUN

11 WATERSHED PROTECTION

12 SEC. 601. The first sentence of section 2(a) of

13 Public Law 95–200 is amended after ‘‘referred to in this

14 subsection (a)’’ by striking ‘‘2(b)’’ and inserting in lieu

15 thereof ‘‘2(c)’’.

16 SEC. 602. The first sentence of section 2(b) of

17 Public Law 95–200 is amended after ‘‘the policy set

18 forth in subsection (a)’’ by inserting ‘‘and (b)’’.

19 SEC. 603. Section 2(b) of Public Law 95–200 is

20 redesignated as ‘‘2(c)’’.

21 SEC. 604 (a) Public Law 95–200 is amended by

22 adding a new subsection 2(b) immediately after sub23 section 2(a), as follows:

24 ‘‘(b) TIMBER CUTTING.—
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1 (1) IN GENERAL.—Subject to paragraph (2),

2 the Secretary of Agriculture shall prohibit the cut3 ting of trees in that part of the unit consisting of

4 the hydrographic boundary of the Bull Run River

5 Drainage, including certain lands within the unit

6 and located below the headworks of the city of Port7 land, Oregon’s water storage and delivery project,

8 and as depicted in a map dated July 22, 1996 and

9 entitled ‘‘Bull Run River Drainage’’.

10 (2) PERMITTED CUTTING.—

11 (A) IN GENERAL.—Subject to subpara12 graph (B), the Secretary of Agriculture shall

13 prohibit the cutting of trees in the area de14 scribed in paragraph (1).

15 (B) PERMITTED CUTTING.—Subject to

16 subparagraph (C), the Secretary may only allow

17 the cutting of trees in the area described in

18 paragraph (1)—

19 (i) for the protection or enhancement

20 of water quality in the area described in

21 paragraph (1); or

22 (ii) for the protection, enhancement,

23 or maintenance of water quantity available

24 from the area described in paragraph (1);

25 or
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1 (iii) for the construction, expansion,

2 protection or maintenance of municipal

3 water supply facilities; or

4 (iv) for the construction, expansion,

5 protection or maintenance of facilities for

6 the transmission of energy through and

7 over the unit or previously authorized hy8 droelectric facilities or hydroelectric

9 projects associated with municipal water

10 supply facilities.

11 (C) SALVAGE SALES.—The Secretary of

12 Agriculture may not authorize a salvage sale in

13 the area described in paragraph (1).’’

14 (b) Redesignate subsequent subsections of Public

15 Law 95–200 accordingly.

16 SEC. 605. REPORT TO CONGRESS.

17 (a) The Secretary of Agriculture shall, in con18 sultation with the city of Portland and other affected

19 parties, undertake a study of that part of the Little

20 Sandy Watershed that is within the unit (hereinafter re21 ferred to as the ‘‘study area’’), as depicted on the map

22 described in section 604 of this title.

23 (b) The study referred to in (a) shall determine—
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1 (1) the impact of management activities within

2 the study area on the quality of drinking water pro3 vided to the Portland Metropolitan area;

4 (2) the identify and location of certain ecologi5 cal features within the study area, including late

6 successional forest characteristics, aquatic and ter7 restrial wildlife habitat, significant hydrological val8 ues, or other outstanding natural features; and

9 (3) the location and extent of any significant

10 cultural or other values within the study area.

11 (c) The study referred to in subsection (a) shall

12 include both legislative and regulatory recommendations

13 to Congress on the future management of the study area.

14 In formulating such recommendations, the Secretary

15 shall consult with the city of Portland and other affected

16 parties.

17 (d) To the greatest extent possible, the Secretary

18 shall use existing data and processes to carry out this

19 study and report.

20 (e) The study referred to in subsection (a) shall

21 be submitted to the Senate Committees on Energy and

22 Natural Resources and Agriculture and the House Com23 mittees on Resources and Agriculture not later than one

24 year from the date of enactment of this section.
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1 (f) The Secretary is prohibited from advertising,

2 offering or awarding any timber sale within the study

3 area for a period of two years after the date of enactment

4 of this section.

5 (g) Nothing in this section shall in any way affect

6 any State or Federal law governing appropriation, use of

7 or Federal right to water on flowing through National

8 Forest System lands. Nothing in this section is intended

9 to influence the relative strength of competing claims to

10 the waters of the Little Sandy River. Nothing in this sec11 tion shall be construed to expand or diminish Federal,

12 State, or local jurisdiction, responsibility, interests, or

13 rights in water resources development or control, includ14 ing rights in and current uses of water resources in the

15 unit.

16 SEC. 606. Lands within the Bull Run Manage17 ment Unit, as defined in Public Law 95–200, but not

18 contained within the Bull Run River Drainage, as defined

19 by this title and as depicted on the map dated July 1996

20 described in Section 604 of this title, shall continue to be

21 managed in accordance with Public Law 95–200.
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1 TITLE VII—OREGON ISLANDS

2 WILDERNESS, ADDITIONS

3 SEC. 701. OREGON ISLANDS WILDERNESS, ADDITIONS.

4 (a) In furtherance of the purposes of the Wilder5 ness Act of 1964, certain lands within the boundaries of

6 the Oregon Islands National Wildlife Refuge, Oregon,

7 comprising approximately ninety-five acres and as gen8 erally depicted on a map entitled ‘‘Oregon Island Wilder9 ness Additions—Proposed’’ dated August 1996, are here10 by designated as wilderness. The map shall be on file and

11 available for public inspection in the offices of the Fish

12 and Wildlife Service, Department of the Interior.

13 (b) All other federally owned named, unnamed,

14 surveyed and unsurveyed rocks, reefs, islets and islands

15 lying within three goegraphic miles off the coast of Or16 egon and above mean high tide, not currently designated

17 as wilderness and also within the Oregon Islands Na18 tional Wildlife Refuge boundaries under the administra19 tion of the United States Fish and Wildlife Service, De20 partment of the Interior, as designated by Executive

21 Order 7035, Proclamation 2416, Public Land Orders

22 4395, 4475 and 6287, and Public Laws 91–504 and 95–

23 450, are hereby designated as wilderness.

24 (c) All federally owned named, unnamed, surveyed

25 and unsurveyed rocks, reefs, islets and islands lying with-
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1 in three geographic miles off the coast of Oregon and

2 above mean high tide, and presently under the jurisdic3 tion of the Bureau of Land Management, except Chiefs

4 Island, are hereby designated as wilderness, shall become

5 part of the Oregon Islands National Wildlife Refuge and

6 the Oregon Island Wilderness and shall be under the ju7 risdiction of the United States Fish and Wildlife Service,

8 Department of the Interior.

9 (d) As soon as practicable after this title takes ef10 fect, a map of the wilderness area and a description of

11 its boundaries shall be filed with the Senate Committee

12 on Energy and Natural Resources and the House Com13 mittee on Resources, and such map shall have the same

14 force and effect as if included in this title: Provided how15 ever, That correcting clerical and typographical errors in

16 the map and land descriptions may be made.

17 (e) Public Land Order 6287 of June 16, 1982,

18 which withdrew certain rocks, reefs, islets and islands

19 lying within three geographical miles off the coast of Or20 egon and above mean high tide, including the ninety-five

21 acres described in subsection (a), as an addition to the

22 Oregon Islands National Wildlife Refuge is hereby made

23 permanent.
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1 TITLE VIII—UMPQUA RIVER

2 LAND EXCHANGE STUDY

3 SEC. 801. UMPQUA RIVER LAND EXCHANGE STUDY: POLICY

4 AND DIRECTION.

5 (a) IN GENERAL.—The Secretaries of the Interior

6 and Agriculture (Secretaries) are hereby authorized and

7 directed to consult, coordinate, and cooperate with the

8 Umpqua Land Exchange Project (ULEP), affected units

9 and agencies of State and local government, and, as ap10 propriate, the World Forestry Center and National Fish

11 and Wildlife Foundation, to assist ULEP’s ongoing ef12 forts in studying and analyzing land exchange opportuni13 ties in the Umpqua River Basin and to provide scientific,

14 technical, research, mapping and other assistance and in15 formation to such entities. Such consultation, coordina16 tion, and cooperation shall at a minimum include, but not

17 be limited to:

18 (1) working with ULEP to develop or assemble

19 comprehensive scientific and other information (in20 cluding comprehensive and integrated mapping) con21 cerning the Umpqua River Basin’s resources of for22 est, plants, wildlife, fisheries (anadromous and

23 other), recreational opportunities, wetlands, riparian

24 habitat, and other physical or natural resources;
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1 (2) working with ULEP to identify general or

2 specific areas within the basin where land exchanges

3 could promote consolidation of forestland ownership

4 for long-term, sustained timber production; protec5 tion and restoration of habitat for plants, fish, and

6 wildlife (including any federally listed threatened or

7 endangered species); protection of drinking water

8 supplies; recovery of threatened and endangered spe9 cies; protection and restoration of wetlands, riparian

10 lands, and other environmentally sensitive areas;

11 consolidation of land ownership for improved public

12 access and a broad array of recreational uses; and

13 consolidation of land ownership to achieve manage14 ment efficiency and reduced costs of administration;

15 and

16 (3) developing a joint report for submission to

17 the Congress which discusses land exchange oppor18 tunities in the basin and outlines either a specific

19 land exchange proposal or proposals which may

20 merit consideration by the Secretaries or the Con21 gress, or ideas and recommendations for new au22 thorizations, direction, or changes in existing law or

23 policy to expedite and facilitate the consummation of

24 beneficial land exchanges in the basin via adminis25 trative means.
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1 (b) MATTERS FOR SPECIFIC STUDY.—In analyz2 ing land exchange opportunities with ULEP, the Sec3 retaries shall give priority to assisting ULEP’s ongoing

4 efforts in:

5 (1) studying, identifying, and mapping areas

6 where the consolidation of land ownership via land

7 exchanges could promote the goals of long term spe8 cies and watershed protection and utilization, includ9 ing but not limited to the goals of the Endangered

10 Species Act of 1973 more effectively than current

11 land ownership patterns and whether any changes in

12 law or policy applicable to such lands after con13 summation of an exchange would be advisable or

14 necessary to achieve such goals;

15 (2) studying, identifying and mapping areas

16 where land exchanges might be utilized to better sat17 isfy the goals of sustainable timber harvest, includ18 ing studying whether changes in existing law or pol19 icy applicable to such lands after consummation of

20 an exchange would be advisable or necessary to

21 achieve such goals;

22 (3) identifying issues and studying options and

23 alternatives, including possible changes in existing

24 law or policy, to insure that combined post-exchange

25 revenues to units of local government from State
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1 and local property, severance, and other taxes or lev2 ies and shared Federal land receipts will approxi3 mate pre-exchange revenues;

4 (4) identifying issues and studying whether pos5 sible changes in law, special appraisal instruction, or

6 changes in certain Federal appraisal procedures

7 might be advisable or necessary to facilitate the ap8 praisal of potential exchange lands which may have

9 special characteristics or restrictions affecting land

10 values;

11 (5) identifying issues and studying options and

12 alternatives, including changes in existing laws or

13 policy, for achieving land exchanges without reduc14 ing the net supply of timber available to small busi15 nesses;

16 (6) identifying, mapping, and recommending

17 potential changes in land use plans, land classifica18 tions, or other actions which might be advisable or

19 necessary to expedite, facilitate or consummate land

20 exchanges in certain areas;

21 (7) analyzing potential sources for new or en22 hanced Federal, State, or other funding to promote

23 improved resource protection, species recovery, and

24 management in the basin; and
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1 (8) identifying and analyzing whether increased

2 efficiency and better land and resource management

3 could occur through either consolidation of Federal

4 forest management under one agency or exchange

5 lands between the Forest Service and the Bureau of

6 Land Management.

7 SEC. 802. REPORT TO CONGRESS.

8 No later than February 1, 1998, ULEP and the

9 Secretaries shall submit a joint report to the Committee

10 on Resources of the United States House of Representa11 tives and to the Committee on Energy and Natural Re12 sources of the United States Senate concerning their

13 studies, findings, recommendations, mapping and other

14 activities conducted pursuant to this title.

15 SEC. 803. AUTHORIZATION OF APPROPRIATIONS.

16 In furtherance of the purposes of this title, there

17 is hereby authorized to be appropriated the sum of $2

18 million, to remain available until expended.
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1 DIVISION C—ILLEGAL IMMIGRA2 TION REFORM AND IMMI3 GRANT RESPONSIBILITY ACT

4 OF 1996

5 SEC. 1. SHORT TITLE OF DIVISION; AMENDMENTS TO IMMI6 GRATION AND NATIONALITY ACT; APPLICA7 TION OF DEFINITIONS OF SUCH ACT; TABLE

8 OF CONTENTS OF DIVISION; SEVERABILITY.

9 (a) SHORT TITLE.—This division may be cited as the

10 ‘‘Illegal Immigration Reform and Immigrant Responsibil11 ity Act of 1996’’.

12 (b) AMENDMENTS TO IMMIGRATION AND NATIONAL13 ITY ACT.—Except as otherwise specifically provided—

14 (1) whenever in this division an amendment or

15 repeal is expressed as the amendment or repeal of

16 a section or other provision, the reference shall be

17 considered to be made to that section or provision in

18 the Immigration and Nationality Act; and

19 (2) amendments to a section or other provision

20 are to such section or other provision before any

21 amendment made to such section or other provision

22 elsewhere in this division.

23 (c) APPLICATION OF CERTAIN DEFINITIONS.—Ex24 cept as otherwise specifically provided in this division, for

25 purposes of titles I and VI of this division, the terms
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1 ‘‘alien’’, ‘‘Attorney General’’, ‘‘border crossing identifica2 tion card’’, ‘‘entry’’, ‘‘immigrant’’, ‘‘immigrant visa’’,

3 ‘‘lawfully admitted for permanent residence’’, ‘‘national’’,

4 ‘‘naturalization’’, ‘‘refugee’’, ‘‘State’’, and ‘‘United

5 States’’ shall have the meaning given such terms in section

6 101(a) of the Immigration and Nationality Act.

7 (d) TABLE OF CONTENTS OF DIVISION.—The table

8 of contents of this division is as follows:

Sec. 1. Short title of division; amendments to Immigration and Nationality Act;

application of definitions of such Act; table of contents of division; severability.

TITLE I—IMPROVEMENTS TO BORDER CONTROL, FACILITATION

OF LEGAL ENTRY, AND INTERIOR ENFORCEMENT

Subtitle A—Improved Enforcement at the Border

Sec. 101. Border patrol agents and support personnel.

Sec. 102. Improvement of barriers at border.

Sec. 103. Improved border equipment and technology.

Sec. 104. Improvement in border crossing identification card.

Sec. 105. Civil penalties for illegal entry.

Sec. 106. Hiring and training standards.

Sec. 107. Report on border strategy.

Sec. 108. Criminal penalties for high speed flights from immigration checkpoints.

Sec. 109. Joint study of automated data collection.

Sec. 110. Automated entry-exit control system.

Sec. 111. Submission of final plan on realignment of border patrol positions

from interior stations.

Sec. 112. Nationwide fingerprinting of apprehended aliens.

Subtitle B—Facilitation of Legal Entry

Sec. 121. Land border inspectors.

Sec. 122. Land border inspection and automated permit pilot projects.

Sec. 123. Preinspection at foreign airports.

Sec. 124. Training of airline personnel in detection of fraudulent documents.

Sec. 125. Preclearance authority.

Subtitle C—Interior Enforcement

Sec. 131. Authorization of appropriations for increase in number of certain investigators.

Sec. 132. Authorization of appropriations for increase in number of investigators of visa overstayers.

Sec. 133. Acceptance of State services to carry out immigration enforcement.

Sec. 134. Minimum State INS presence.
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TITLE II—ENHANCED ENFORCEMENT AND PENALTIES AGAINST

ALIEN SMUGGLING; DOCUMENT FRAUD

Subtitle A—Enhanced Enforcement and Penalties Against Alien Smuggling

Sec. 201. Wiretap authority for investigations of alien smuggling or document

fraud.

Sec. 202. Racketeering offenses relating to alien smuggling.

Sec. 203. Increased criminal penalties for alien smuggling.

Sec. 204. Increased number of assistant United States Attorneys.

Sec. 205. Undercover investigation authority.

Subtitle B—Deterrence of Document Fraud

Sec. 211. Increased criminal penalties for fraudulent use of government-issued

documents.

Sec. 212. New document fraud offenses; new civil penalties for document fraud.

Sec. 213. New criminal penalty for failure to disclose role as preparer of false

application for immigration benefits.

Sec. 214. Criminal penalty for knowingly presenting document which fails to

contain reasonable basis in law or fact.

Sec. 215. Criminal penalty for false claim to citizenship.

Sec. 216. Criminal penalty for voting by aliens in Federal election.

Sec. 217. Criminal forfeiture for passport and visa related offenses.

Sec. 218. Penalties for involuntary servitude.

Sec. 219. Admissibility of videotaped witness testimony.

Sec. 220. Subpoena authority in document fraud enforcement.

TITLE III—INSPECTION, APPREHENSION, DETENTION, ADJUDICATION, AND REMOVAL OF INADMISSIBLE AND DEPORTABLE

ALIENS

Subtitle A—Revision of Procedures for Removal of Aliens

Sec. 301. Treating persons present in the United States without authorization

as not admitted.

Sec. 302. Inspection of aliens; expedited removal of inadmissible arriving aliens;

referral for hearing (revised section 235).

Sec. 303. Apprehension and detention of aliens not lawfully in the United

States (revised section 236).

Sec. 304. Removal proceedings; cancellation of removal and adjustment of status; voluntary departure (revised and new sections 239 to

240C).

Sec. 305. Detention and removal of aliens ordered removed (new section 241).

Sec. 306. Appeals from orders of removal (new section 242).

Sec. 307. Penalties relating to removal (revised section 243).

Sec. 308. Redesignation and reorganization of other provisions; additional conforming amendments.

Sec. 309. Effective dates; transition.

Subtitle B—Criminal Alien Provisions

Sec. 321. Amended definition of aggravated felony.

Sec. 322. Definition of conviction and term of imprisonment.

Sec. 323. Authorizing registration of aliens on criminal probation or criminal

parole.

Sec. 324. Penalty for reentry of deported aliens.
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Sec. 325. Change in filing requirement.

Sec. 326. Criminal alien identification system.

Sec. 327. Appropriations for criminal alien tracking center.

Sec. 328. Provisions relating to State criminal alien assistance program.

Sec. 329. Demonstration project for identification of illegal aliens in incarceration facility of Anaheim, California.

Sec. 330. Prisoner transfer treaties.

Sec. 331. Prisoner transfer treaties study.

Sec. 332. Annual report on criminal aliens.

Sec. 333. Penalties for conspiring with or assisting an alien to commit an offense under the Controlled Substances Import and Export Act.

Sec. 334. Enhanced penalties for failure to depart, illegal reentry, and passport

and visa fraud.

Subtitle C—Revision of Grounds for Exclusion and Deportation

Sec. 341. Proof of vaccination requirement for immigrants.

Sec. 342. Incitement of terrorist activity and provision of false documentation

to terrorists as a basis for exclusion from the United States.

Sec. 343. Certification requirements for foreign health-care workers.

Sec. 344. Removal of aliens falsely claiming United States citizenship.

Sec. 345. Waiver of exclusion and deportation ground for certain section 274C

violators.

Sec. 346. Inadmissibility of certain student visa abusers.

Sec. 347. Removal of aliens who have unlawfully voted.

Sec. 348. Waivers for immigrants convicted of crimes.

Sec. 349. Waiver of misrepresentation ground of inadmissibility for certain

alien.

Sec. 350. Offenses of domestic violence and stalking as ground for deportation.

Sec. 351. Clarification of date as of which relationship required for waiver from

exclusion or deportation for smuggling.

Sec. 352. Exclusion of former citizens who renounced citizenship to avoid United States taxation.

Sec. 353. References to changes elsewhere in division.

Subtitle D—Changes in Removal of Alien Terrorist Provisions

Sec. 354. Treatment of classified information.

Sec. 355. Exclusion of representatives of terrorist organizations.

Sec. 356. Standard for judicial review of terrorist organization designations.

Sec. 357. Removal of ancillary relief for voluntary departure.

Sec. 358. Effective date.

Subtitle E—Transportation of Aliens

Sec. 361. Definition of stowaway.

Sec. 362. Transportation contracts.

Subtitle F—Additional Provisions

Sec. 371. Immigration judges and compensation.

Sec. 372. Delegation of immigration enforcement authority.

Sec. 373. Powers and duties of the Attorney General and the Commissioner.

Sec. 374. Judicial deportation.

Sec. 375. Limitation on adjustment of status.

Sec. 376. Treatment of certain fees.

Sec. 377. Limitation on legalization litigation.
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Sec. 378. Rescission of lawful permanent resident status.

Sec. 379. Administrative review of orders.

Sec. 380. Civil penalties for failure to depart.

Sec. 381. Clarification of district court jurisdiction.

Sec. 382. Application of additional civil penalties to enforcement.

Sec. 383. Exclusion of certain aliens from family unity program.

Sec. 384. Penalties for disclosure of information.

Sec. 385. Authorization of additional funds for removal of aliens.

Sec. 386. Increase in INS detention facilities; report on detention space.

Sec. 387. Pilot program on use of closed military bases for the detention of inadmissible or deportable aliens.

Sec. 388. Report on interior repatriation program.

TITLE IV—ENFORCEMENT OF RESTRICTIONS AGAINST

EMPLOYMENT

Subtitle A—Pilot Programs for Employment Eligibility Confirmation

Sec. 401. Establishment of programs.

Sec. 402. Voluntary election to participate in a pilot program.

Sec. 403. Procedures for participants in pilot programs.

Sec. 404. Employment eligibility confirmation system.

Sec. 405. Reports.

Subtitle B—Other Provisions Relating to Employer Sanctions

Sec. 411. Limiting liability for certain technical violations of paperwork requirements.

Sec. 412. Paperwork and other changes in the employer sanctions program.

Sec. 413. Report on additional authority or resources needed for enforcement

of employer sanctions provisions.

Sec. 414. Reports on earnings of aliens not authorized to work.

Sec. 415. Authorizing maintenance of certain information on aliens.

Sec. 416. Subpoena authority.

Subtitle C—Unfair Immigration-Related Employment Practices

Sec. 421. Treatment of certain documentary practices as unfair immigration-related employment practices.

TITLE V—RESTRICTIONS ON BENEFITS FOR ALIENS

Subtitle A—Eligibility of Aliens for Public Assistance and Benefits

Sec. 501. Exception to ineligibility for public benefits for certain battered

aliens.

Sec. 502. Pilot programs on limiting issuance of driver’s licenses to illegal

aliens.

Sec. 503. Ineligibility of aliens not lawfully present for Social Security benefits.

Sec. 504. Procedures for requiring proof of citizenship for Federal public benefits.

Sec. 505. Limitation on eligibility for preferential treatment of aliens not lawfully present on basis of residence for higher education benefits.

Sec. 506. Study and report on alien student eligibility for postsecondary Federal student financial assistance.
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Sec. 507. Verification of immigration status for purposes of Social Security and

higher educational assistance.

Sec. 508. No verification requirement for nonprofit charitable organizations.

Sec. 509. GAO study of provision of means-tested public benefits to aliens who

are not qualified aliens on behalf of eligible individuals.

Sec. 510. Transition for aliens currently receiving benefits under the Food

Stamp program.

Subtitle B—Public Charge Exclusion

Sec. 531. Ground for exclusion.

Subtitle C—Affidavits of Support

Sec. 551. Requirements for sponsor’s affidavit of support.

Sec. 552. Indigence and battered spouse and child exceptions to Federal attribution of income rule.

Sec. 553. Authority of States and political subdivisions of States to limit assistance to aliens and to distinguish among classes of aliens in

providing general cash public assistance.

Subtitle D—Miscellaneous Provisions

Sec. 561. Increased maximum criminal penalties for forging or counterfeiting

seal of a Federal department or agency to facilitate benefit

fraud by an unlawful alien.

Sec. 562. Treatment of expenses subject to emergency medical services exception.

Sec. 563. Reimbursement of States and localities for emergency ambulance

services.

Sec. 564. Pilot programs to require bonding.

Sec. 565. Reports.

Subtitle E—Housing Assistance

Sec. 571. Short title.

Sec. 572. Prorating of financial assistance.

Sec. 573. Actions in cases of termination of financial assistance.

Sec. 574. Verification of immigration status and eligibility for financial assistance.

Sec. 575. Prohibition of sanctions against entities making financial assistance

eligibility determinations.

Sec. 576. Eligibility for public and assisted housing.

Sec. 577. Regulations.

Subtitle F—General Provisions

Sec. 591. Effective dates.

Sec. 592. Not applicable to foreign assistance.

Sec. 593. Notification.

Sec. 594. Definitions.

TITLE VI—MISCELLANEOUS PROVISIONS

Subtitle A—Refugees, Parole, and Asylum

Sec. 601. Persecution for resistance to coercive population control methods.

Sec. 602. Limitation on use of parole.
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Sec. 603. Treatment of long-term parolees in applying worldwide numerical limitations.

Sec. 604. Asylum reform.

Sec. 605. Increase in asylum officers.

Sec. 606. Conditional repeal of Cuban Adjustment Act.

Subtitle B—Miscellaneous Amendments to the Immigration and Nationality

Act

Sec. 621. Alien witness cooperation.

Sec. 622. Waiver of foreign country residence requirement with respect to international medical graduates.

Sec. 623. Use of legalization and special agricultural worker information.

Sec. 624. Continued validity of labor certifications and classification petitions

for professional athletes.

Sec. 625. Foreign students.

Sec. 626. Services to family members of certain officers and agents killed in the

line of duty.

Subtitle C—Provisions Relating to Visa Processing and Consular Efficiency

Sec. 631. Validity of period of visas.

Sec. 632. Elimination of consulate shopping for visa overstays.

Sec. 633. Authority to determine visa processing procedures.

Sec. 634. Changes regarding visa application process.

Sec. 635. Visa waiver program.

Sec. 636. Fee for diversity immigrant lottery.

Sec. 637. Eligibility for visas for certain Polish applicants for the 1995 diversity immigrant program.

Subtitle D—Other Provisions

Sec. 641. Program to collect information relating to nonimmigrant foreign students.

Sec. 642. Communication between government agencies and the Immigration

and Naturalization Service.

Sec. 643. Regulations regarding habitual residence.

Sec. 644. Information regarding female genital mutilation.

Sec. 645. Criminalization of female genital mutilation.

Sec. 646. Adjustment of status for certain Polish and Hungarian parolees.

Sec. 647. Support of demonstration projects.

Sec. 648. Sense of Congress regarding American-made products; requirements

regarding notice.

Sec. 649. Vessel movement controls during immigration emergency.

Sec. 650. Review of practices of testing entities.

Sec. 651. Designation of a United States customs administrative building.

Sec. 652. Mail-order bride business.

Sec. 653. Review and report on H–2A nonimmigrant workers program.

Sec. 654. Report on allegations of harassment by Canadian customs agents.

Sec. 655. Sense of Congress on discriminatory application of New Brunswick

provincial sales tax.

Sec. 656. Improvements in identification-related documents.

Sec. 657. Development of prototype of counterfeit-resistant Social Security

card.

Sec. 658. Border Patrol Museum.
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Sec. 659. Sense of the Congress regarding the mission of the Immigration and

Naturalization Service.

Sec. 660. Authority for National Guard to assist in transportation of certain

aliens.

Subtitle E—Technical Corrections

Sec. 671. Miscellaneous technical corrections.

1 (e) SEVERABILITY.—If any provision of this division

2 or the application of such provision to any person or cir3 cumstances is held to be unconstitutional, the remainder

4 of this division and the application of the provisions of

5 this division to any person or circumstance shall not be

6 affected thereby.

7 TITLE I—IMPROVEMENTS TO

8 BORDER CONTROL, FACILITA9 TION OF LEGAL ENTRY, AND

10 INTERIOR ENFORCEMENT

11 Subtitle A—Improved Enforcement

12 at the Border

13 SEC. 101. BORDER PATROL AGENTS AND SUPPORT PER14 SONNEL.

15 (a) INCREASED NUMBER OF BORDER PATROL

16 AGENTS.—The Attorney General in each of fiscal years

17 1997, 1998, 1999, 2000, and 2001 shall increase by not

18 less than 1,000 the number of positions for full-time, ac19 tive-duty border patrol agents within the Immigration and

20 Naturalization Service above the number of such positions

21 for which funds were allotted for the preceding fiscal year.
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1 (b) INCREASE IN BORDER PATROL SUPPORT PER2 SONNEL.—The Attorney General, in each of fiscal years

3 1997, 1998, 1999, 2000, and 2001, may increase by 300

4 the number of positions for personnel in support of border

5 patrol agents above the number of such positions for which

6 funds were allotted for the preceding fiscal year.

7 (c) DEPLOYMENT OF BORDER PATROL AGENTS.—

8 The Attorney General shall, to the maximum extent prac9 ticable, ensure that additional border patrol agents shall

10 be deployed among Immigration and Naturalization Serv11 ice sectors along the border in proportion to the level of

12 illegal crossing of the borders of the United States meas13 ured in each sector during the preceding fiscal year and

14 reasonably anticipated in the next fiscal year.

15 (d) FORWARD DEPLOYMENT.—

16 (1) IN GENERAL.—The Attorney General shall

17 forward deploy existing border patrol agents in those

18 areas of the border identified as areas of high illegal

19 entry into the United States in order to provide a

20 uniform and visible deterrent to illegal entry on a

21 continuing basis. The previous sentence shall not

22 apply to border patrol agents located at checkpoints.

23 (2) PRESERVATION OF LAW ENFORCEMENT

24 FUNCTIONS AND CAPABILITIES IN INTERIOR

25 STATES.—The Attorney General shall, when deploy-
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1 ing border patrol personnel from interior stations to

2 border stations, coordinate with, and act in conjunc3 tion with, State and local law enforcement agencies

4 to ensure that such deployment does not degrade or

5 compromise the law enforcement capabilities and

6 functions currently performed at interior border pa7 trol stations.

8 (3) REPORT.—Not later than 6 months after

9 the date of the enactment of this Act, the Attorney

10 General shall submit to the Committees on the Judi11 ciary of the House of Representatives and of the

12 Senate a report on—

13 (A) the progress and effectiveness of the

14 forward deployment under paragraph (1); and

15 (B) the measures taken to comply with

16 paragraph (2).

17 SEC. 102. IMPROVEMENT OF BARRIERS AT BORDER.

18 (a) IN GENERAL.—The Attorney General, in con19 sultation with the Commissioner of Immigration and Nat20 uralization, shall take such actions as may be necessary

21 to install additional physical barriers and roads (including

22 the removal of obstacles to detection of illegal entrants)

23 in the vicinity of the United States border to deter illegal

24 crossings in areas of high illegal entry into the United

25 States.
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1 (b) CONSTRUCTION OF FENCING AND ROAD IM2 PROVEMENTS IN THE BORDER AREA NEAR SAN DIEGO,

3 CALIFORNIA.—

4 (1) IN GENERAL.—In carrying out subsection

5 (a), the Attorney General shall provide for the con6 struction along the 14 miles of the international

7 land border of the United States, starting at the Pa8 cific Ocean and extending eastward, of second and

9 third fences, in addition to the existing reinforced

10 fence, and for roads between the fences.

11 (2) PROMPT ACQUISITION OF NECESSARY EASE12 MENTS.—The Attorney General, acting under the

13 authority conferred in section 103(b) of the Immi14 gration and Nationality Act (as inserted by sub15 section (d)), shall promptly acquire such easements

16 as may be necessary to carry out this subsection and

17 shall commence construction of fences immediately

18 following such acquisition (or conclusion of portions

19 thereof).

20 (3) SAFETY FEATURES.—The Attorney Gen21 eral, while constructing the additional fencing under

22 this subsection, shall incorporate such safety fea23 tures into the design of the fence system as are nec24 essary to ensure the well-being of border patrol
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1 agents deployed within or in near proximity to the

2 system.

3 (4) AUTHORIZATION OF APPROPRIATIONS.—

4 There are authorized to be appropriated to carry out

5 this subsection not to exceed $12,000,000. Amounts

6 appropriated under this paragraph are authorized to

7 remain available until expended.

8 (c) WAIVER.—The provisions of the Endangered Spe9 cies Act of 1973 and the National Environmental Policy

10 Act of 1969 are waived to the extent the Attorney General

11 determines necessary to ensure expeditious construction of

12 the barriers and roads under this section.

13 (d) LAND ACQUISITION AUTHORITY.—

14 (1) IN GENERAL.—Section 103 (8 U.S.C. 1103)

15 is amended—

16 (A) by redesignating subsections (b), (c),

17 and (d) as subsections (c), (d), and (e), respec18 tively; and

19 (B) by inserting after subsection (a) the

20 following:

21 ‘‘(b)(1) The Attorney General may contract for or

22 buy any interest in land, including temporary use rights,

23 adjacent to or in the vicinity of an international land bor24 der when the Attorney General deems the land essential
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1 to control and guard the boundaries and borders of the

2 United States against any violation of this Act.

3 ‘‘(2) The Attorney General may contract for or buy

4 any interest in land identified pursuant to paragraph (1)

5 as soon as the lawful owner of that interest fixes a price

6 for it and the Attorney General considers that price to

7 be reasonable.

8 ‘‘(3) When the Attorney General and the lawful

9 owner of an interest identified pursuant to paragraph (1)

10 are unable to agree upon a reasonable price, the Attorney

11 General may commence condemnation proceedings pursu12 ant to the Act of August 1, 1888 (Chapter 728; 25 Stat.

13 357).

14 ‘‘(4) The Attorney General may accept for the United

15 States a gift of any interest in land identified pursuant

16 to paragraph (1).’’.

17 (2) CONFORMING AMENDMENT.—Section

18 103(e) (as so redesignated by paragraph (1)(A)) is

19 amended by striking ‘‘subsection (c)’’ and inserting

20 ‘‘subsection (d)’’.

21 SEC. 103. IMPROVED BORDER EQUIPMENT AND TECH22 NOLOGY.

23 The Attorney General is authorized to acquire and

24 use, for the purpose of detection, interdiction, and reduc25 tion of illegal immigration into the United States, any
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1 Federal equipment (including fixed wing aircraft, heli2 copters, four-wheel drive vehicles, sedans, night vision gog3 gles, night vision scopes, and sensor units) determined

4 available for transfer by any other agency of the Federal

5 Government upon request of the Attorney General.

6 SEC. 104. IMPROVEMENT IN BORDER CROSSING IDENTI7 FICATION CARD.

8 (a) IN GENERAL.—Section 101(a)(6) (8 U.S.C.

9 1101(a)(6)) is amended by adding at the end the follow10 ing: ‘‘Such regulations shall provide that (A) each such

11 document include a biometric identifier (such as the fin12 gerprint or handprint of the alien) that is machine read13 able and (B) an alien presenting a border crossing identi14 fication card is not permitted to cross over the border into

15 the United States unless the biometric identifier contained

16 on the card matches the appropriate biometric characteris17 tic of the alien.’’.

18 (b) EFFECTIVE DATES.—

19 (1) CLAUSE A.—Clause (A) of the sentence

20 added by the amendment made by subsection (a)

21 shall apply to documents issued on or after 18

22 months after the date of the enactment of this Act.

23 (2) CLAUSE B.—Clause (B) of such sentence

24 shall apply to cards presented on or after 3 years

25 after the date of the enactment of this Act.
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1 SEC. 105. CIVIL PENALTIES FOR ILLEGAL ENTRY.

2 (a) IN GENERAL.—Section 275 (8 U.S.C. 1325) is

3 amended—

4 (1) by redesignating subsections (b) and (c) as

5 subsections (c) and (d), respectively; and

6 (2) by inserting after subsection (a) the follow7 ing:

8 ‘‘(b) Any alien who is apprehended while entering (or

9 attempting to enter) the United States at a time or place

10 other than as designated by immigration officers shall be

11 subject to a civil penalty of—

12 ‘‘(1) at least $50 and not more than $250 for

13 each such entry (or attempted entry); or

14 ‘‘(2) twice the amount specified in paragraph

15 (1) in the case of an alien who has been previously

16 subject to a civil penalty under this subsection.

17 Civil penalties under this subsection are in addition to,

18 and not in lieu of, any criminal or other civil penalties

19 that may be imposed.’’.

20 (b) EFFECTIVE DATE.—The amendments made by

21 subsection (a) shall apply to illegal entries or attempts to

22 enter occurring on or after the first day of the sixth month

23 beginning after the date of the enactment of this Act.

24 SEC. 106. HIRING AND TRAINING STANDARDS.

25 (a) REVIEW OF HIRING STANDARDS.—Not later than

26 60 days after the date of the enactment of this Act, the
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1 Attorney General shall complete a review of all

2 prescreening and hiring standards used by the Commis3 sioner of Immigration and Naturalization, and, where nec4 essary, revise such standards to ensure that they are con5 sistent with relevant standards of professionalism.

6 (b) CERTIFICATION.—At the conclusion of each of

7 fiscal years 1997, 1998, 1999, 2000, and 2001, the Attor8 ney General shall certify in writing to the Committees on

9 the Judiciary of the House of Representatives and of the

10 Senate that all personnel hired by the Commissioner of

11 Immigration and Naturalization for such fiscal year were

12 hired pursuant to the appropriate standards, as revised

13 under subsection (a).

14 (c) REVIEW OF TRAINING STANDARDS.—

15 (1) REVIEW.—Not later than 180 days after

16 the date of the enactment of this Act, the Attorney

17 General shall complete a review of the sufficiency of

18 all training standards used by the Commissioner of

19 Immigration and Naturalization.

20 (2) REPORT.—

21 (A) IN GENERAL.—Not later than 90 days

22 after the completion of the review under para23 graph (1), the Attorney General shall submit a

24 report to the Committees on the Judiciary of
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1 the House of Representatives and of the Senate

2 on the results of the review, including—

3 (i) a description of the status of ef4 forts to update and improve training

5 throughout the Immigration and Natu6 ralization Service; and

7 (ii) an estimate of when such efforts

8 are expected to be completed.

9 (B) AREAS REQUIRING FUTURE REVIEW.—

10 The report shall disclose those areas of training

11 that the Attorney General determines require

12 further review in the future.

13 SEC. 107. REPORT ON BORDER STRATEGY.

14 (a) EVALUATION OF STRATEGY.—The Comptroller

15 General of the United States shall track, monitor, and

16 evaluate the Attorney General’s strategy to deter illegal

17 entry in the United States to determine the efficacy of

18 such strategy.

19 (b) COOPERATION.—The Attorney General, the Sec20 retary of State, and the Secretary of Defense shall cooper21 ate with the Comptroller General of the United States in

22 carrying out subsection (a).

23 (c) REPORT.—Not later than one year after the date

24 of the enactment of this Act, and every year thereafter

25 for the succeeding 5 years, the Comptroller General of the
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1 United States shall submit a report to the Committees on

2 the Judiciary of the House of Representatives and of the

3 Senate on the results of the activities undertaken under

4 subsection (a) during the previous year. Each such report

5 shall include an analysis of the degree to which the Attor6 ney General’s strategy has been effective in reducing ille7 gal entry. Each such report shall include a collection and

8 systematic analysis of data, including workload indicators,

9 related to activities to deter illegal entry and recommenda10 tions to improve and increase border security at the border

11 and ports of entry.

12 SEC. 108. CRIMINAL PENALTIES FOR HIGH SPEED FLIGHTS

13 FROM IMMIGRATION CHECKPOINTS.

14 (a) FINDINGS.—The Congress finds as follows:

15 (1) Immigration checkpoints are an important

16 component of the national strategy to prevent illegal

17 immigration.

18 (2) Individuals fleeing immigration checkpoints

19 and leading law enforcement officials on high speed

20 vehicle chases endanger law enforcement officers, in21 nocent bystanders, and the fleeing individuals them22 selves.

23 (3) The pursuit of suspects fleeing immigration

24 checkpoints is complicated by overlapping jurisdic-
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1 tion among Federal, State, and local law enforce2 ment officers.

3 (b) HIGH SPEED FLIGHT FROM IMMIGRATION

4 CHECKPOINTS.—

5 (1) IN GENERAL.—Chapter 35 of title 18, Unit6 ed States Code, is amended by adding at the end the

7 following:

8 ‘‘§ 758. High speed flight from immigration check9 point

10 ‘‘Whoever flees or evades a checkpoint operated by

11 the Immigration and Naturalization Service, or any other

12 Federal law enforcement agency, in a motor vehicle and

13 flees Federal, State, or local law enforcement agents in

14 excess of the legal speed limit shall be fined under this

15 title, imprisoned not more than five years, or both.’’.

16 (2) CLERICAL AMENDMENT.—The table of sec17 tions at the beginning of such chapter is amended

18 by inserting after the item relating to section 757

19 the following:

‘‘758. High speed flight from immigration checkpoint.’’.

20 (c) GROUNDS FOR DEPORTATION.—Section

21 241(a)(2)(A) (8 U.S.C. 1251(a)(2)(A)) is amended—

22 (1) by redesignating clause (iv) as clause (v);

23 (2) by inserting after clause (iii) the following:

24 ‘‘(iv) HIGH SPEED FLIGHT.—Any

25 alien who is convicted of a violation of sec-
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1 tion 758 of title 18, United States Code

2 (relating to high speed flight from an im3 migration checkpoint), is deportable.’’; and

4 (3) in clause (v) (as so redesignated by para5 graph (1)), by striking ‘‘and (iii)’’ and inserting

6 ‘‘(iii), and (iv)’’.

7 SEC. 109. JOINT STUDY OF AUTOMATED DATA COLLECTION.

8 (a) STUDY.—The Attorney General, together with the

9 Secretary of State, the Secretary of Agriculture, the Sec10 retary of the Treasury, and appropriate representatives of

11 the air transport industry, shall jointly undertake a study

12 to develop a plan for making the transition to automated

13 data collection at ports of entry.

14 (b) REPORT.—Nine months after the date of the en15 actment of this Act, the Attorney General shall submit a

16 report to the Committees on the Judiciary of the Senate

17 and the House of Representatives on the outcome of the

18 joint initiative under subsection (a), noting specific areas

19 of agreement and disagreement, and recommending fur20 ther steps to be taken, including any suggestions for legis21 lation.

22 SEC. 110. AUTOMATED ENTRY-EXIT CONTROL SYSTEM.

23 (a) SYSTEM.—Not later than 2 years after the date

24 of the enactment of this Act, the Attorney General shall
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1 develop an automated entry and exit control system that

2 will—

3 (1) collect a record of departure for every alien

4 departing the United States and match the records

5 of departure with the record of the alien’s arrival in

6 the United States; and

7 (2) enable the Attorney General to identify,

8 through on-line searching procedures, lawfully ad9 mitted nonimmigrants who remain in the United

10 States beyond the period authorized by the Attorney

11 General.

12 (b) REPORT.—

13 (1) DEADLINE.—Not later than December 31

14 of each year following the development of the system

15 under subsection (a), the Attorney General shall

16 submit an annual report to the Committees on the

17 Judiciary of the House of Representatives and of the

18 Senate on such system.

19 (2) INFORMATION.—The report shall include

20 the following information:

21 (A) The number of departure records col22 lected, with an accounting by country of nation23 ality of the departing alien.

24 (B) The number of departure records that

25 were successfully matched to records of the
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1 alien’s prior arrival in the United States, with

2 an accounting by the alien’s country of nation3 ality and by the alien’s classification as an im4 migrant or nonimmigrant.

5 (C) The number of aliens who arrived as

6 nonimmigrants, or as a visitor under the visa

7 waiver program under section 217 of the Immi8 gration and Nationality Act, for whom no

9 matching departure record has been obtained

10 through the system or through other means as

11 of the end of the alien’s authorized period of

12 stay, with an accounting by the alien’s country

13 of nationality and date of arrival in the United

14 States.

15 (c) USE OF INFORMATION ON OVERSTAYS.—Infor16 mation regarding aliens who have remained in the United

17 States beyond their authorized period of stay identified

18 through the system shall be integrated into appropriate

19 data bases of the Immigration and Naturalization Service

20 and the Department of State, including those used at

21 ports of entry and at consular offices.
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1 SEC. 111. SUBMISSION OF FINAL PLAN ON REALIGNMENT

2 OF BORDER PATROL POSITIONS FROM INTE3 RIOR STATIONS.

4 Not later than November 30, 1996, the Attorney

5 General shall submit to the Committees on the Judiciary

6 of the House of Representatives and of the Senate a final

7 plan regarding the redeployment of border patrol person8 nel from interior locations to the front lines of the border.

9 The final plan shall be consistent with the following:

10 (1) The preliminary plan regarding such rede11 ployment submitted by the Attorney General on May

12 17, 1996, to the Committee on Appropriations of the

13 House of Representatives and the Committee on Ap14 propriations of the Senate.

15 (2) The direction regarding such redeployment

16 provided in the joint explanatory statement of the

17 committee of conference in the conference report to

18 accompany the Omnibus Consolidated Rescissions

19 and Appropriations Act of 1996 (Public Law 104-

20 134).

21 SEC. 112. NATIONWIDE FINGERPRINTING OF APPRE22 HENDED ALIENS.

23 There are authorized to be appropriated such addi24 tional sums as may be necessary to ensure that the

25 ‘‘IDENT’’ program (operated by the Immigration and
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1 Naturalization Service) is expanded to apply to illegal or

2 criminal aliens apprehended nationwide.

3 Subtitle B—Facilitation of Legal

4 Entry

5 SEC. 121. LAND BORDER INSPECTORS.

6 In order to eliminate undue delay in the thorough in7 spection of persons and vehicles lawfully attempting to

8 enter the United States, the Attorney General and the

9 Secretary of the Treasury each shall increase, by approxi10 mately equal numbers in each of fiscal years 1997 and

11 1998, the number of full-time land border inspectors as12 signed to active duty by the Immigration and Naturaliza13 tion Service and the United States Customs Service to a

14 level adequate to assure full staffing during peak crossing

15 hours of all border crossing lanes currently in use, under

16 construction, or whose construction has been authorized

17 by the Congress, except such low-use lanes as the Attorney

18 General may designate.

19 SEC. 122. LAND BORDER INSPECTION AND AUTOMATED

20 PERMIT PILOT PROJECTS.

21 (a) EXTENSION OF LAND BORDER INSPECTION

22 PROJECT AUTHORITY; ESTABLISHMENT OF AUTOMATED

23 PERMIT PILOT PROJECTS.—Section 286(q) is amended—

24 (1) by striking the matter preceding paragraph

25 (2) and inserting the following:
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1 ‘‘(q) LAND BORDER INSPECTION FEE ACCOUNT.—

2 (1)(A)(i) Notwithstanding any other provision of law, the

3 Attorney General is authorized to establish, by regulation,

4 not more than 6 projects under which a fee may be

5 charged and collected for inspection services provided at

6 one or more land border points of entry. Such projects

7 may include the establishment of commuter lanes to be

8 made available to qualified United States citizens and

9 aliens, as determined by the Attorney General.

10 ‘‘(ii) The program authorized in this subparagraph

11 shall terminate on September 30, 2000, unless further au12 thorized by an Act of Congress.

13 ‘‘(iii) This subparagraph shall take effect, with re14 spect to any project described in clause (1) that was not

15 authorized to be commenced before the date of the enact16 ment of the Illegal Immigration Reform and Immigrant

17 Responsibility Act of 1996, 30 days after submission of

18 a written plan by the Attorney General detailing the pro19 posed implementation of such project.

20 ‘‘(iv) The Attorney General shall prepare and submit

21 on a quarterly basis, until September 30, 2000, a status

22 report on each land border inspection project implemented

23 under this subparagraph.

24 ‘‘(B) The Attorney General, in consultation with the

25 Secretary of the Treasury, may conduct pilot projects to
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1 demonstrate the use of designated ports of entry after

2 working hours through the use of card reading machines

3 or other appropriate technology.’’; and

4 (2) by striking paragraph (5).

5 (b) CONFORMING AMENDMENT.—The Departments

6 of Commerce, Justice, and State, the Judiciary, and Re7 lated Agencies Appropriation Act, 1994 (Public Law 103–

8 121, 107 Stat. 1161) is amended by striking the fourth

9 proviso under the heading ‘‘Immigration and Naturaliza10 tion Service, Salaries and Expenses’’.

11 SEC. 123. PREINSPECTION AT FOREIGN AIRPORTS.

12 (a) IN GENERAL.—The Immigration and Nationality

13 Act is amended by inserting after section 235 the follow14 ing:

15 ‘‘PREINSPECTION AT FOREIGN AIRPORTS

16 ‘‘SEC. 235A. (a) ESTABLISHMENT OF

17 PREINSPECTION STATIONS.—

18 ‘‘(1) NEW STATIONS.—Subject to paragraph

19 (5), not later than October 31, 1998, the Attorney

20 General, in consultation with the Secretary of State,

21 shall establish and maintain preinspection stations

22 in at least 5 of the foreign airports that are among

23 the 10 foreign airports which the Attorney General

24 identifies as serving as last points of departure for

25 the greatest numbers of inadmissible alien pas26 sengers who arrive from abroad by air at ports of
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1 entry within the United States. Such preinspection

2 stations shall be in addition to any preinspection sta3 tions established prior to the date of the enactment

4 of such Act.

5 ‘‘(2) REPORT.—Not later than October 31,

6 1998, the Attorney General shall report to the Com7 mittees on the Judiciary of the House of Represent8 atives and of the Senate on the implementation of

9 paragraph (1).

10 ‘‘(3) DATA COLLECTION.—Not later than No11 vember 1, 1997, and each subsequent November 1,

12 the Attorney General shall compile data identify13 ing—

14 ‘‘(A) the foreign airports which served as

15 last points of departure for aliens who arrived

16 by air at United States ports of entry without

17 valid documentation during the preceding fiscal

18 years;

19 ‘‘(B) the number and nationality of such

20 aliens arriving from each such foreign airport;

21 and

22 ‘‘(C) the primary routes such aliens fol23 lowed from their country of origin to the United

24 States.
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1 ‘‘(4) ADDITIONAL STATIONS.—Subject to para2 graph (5), not later than October 31, 2000, the At3 torney General, in consultation with the Secretary of

4 State, shall establish preinspection stations in at

5 least 5 additional foreign airports which the Attor6 ney General, in consultation with the Secretary of

7 State, determines, based on the data compiled under

8 paragraph (3) and such other information as may be

9 available, would most effectively reduce the number

10 of aliens who arrive from abroad by air at points of

11 entry within the United States who are inadmissible

12 to the United States. Such preinspection stations

13 shall be in addition to those established prior to the

14 date of the enactment of such Act or pursuant to

15 paragraph (1).

16 ‘‘(5) CONDITIONS.—Prior to the establishment

17 of a preinspection station, the Attorney General, in

18 consultation with the Secretary of State, shall en19 sure that—

20 ‘‘(A) employees of the United States sta21 tioned at the preinspection station and their ac22 companying family members will receive appro23 priate protection;
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1 ‘‘(B) such employees and their families will

2 not be subject to unreasonable risks to their

3 welfare and safety; and

4 ‘‘(C) the country in which the

5 preinspection station is to be established main6 tains practices and procedures with respect to

7 asylum seekers and refugees in accordance with

8 the Convention Relating to the Status of Refu9 gees (done at Geneva, July 28, 1951), or the

10 Protocol Relating to the Status of Refugees

11 (done at New York, January 31, 1967), or that

12 an alien in the country otherwise has recourse

13 to avenues of protection from return to persecu14 tion.

15 ‘‘(b) ESTABLISHMENT OF CARRIER CONSULTANT

16 PROGRAM.—The Attorney General shall assign additional

17 immigration officers to assist air carriers in the detection

18 of fraudulent documents at foreign airports which, based

19 on the records maintained pursuant to subsection (a)(3),

20 served as a point of departure for a significant number

21 of arrivals at United States ports of entry without valid

22 documentation, but where no preinspection station ex23 ists.’’.
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1 (b) CLERICAL AMENDMENT.—The table of contents

2 is amended by inserting after the item relating to section

3 235 the following:

‘‘Sec. 235A. Preinspection at foreign airports.’’.

4 SEC. 124. TRAINING OF AIRLINE PERSONNEL IN DETEC5 TION OF FRAUDULENT DOCUMENTS.

6 (a) USE OF FUNDS.—

7 (1) IN GENERAL.—Section 286(h)(2)(A) (8

8 U.S.C. 1356(h)(2)(A)) is amended—

9 (A) in clause (iv), by inserting ‘‘, including

10 training of, and technical assistance to, com11 mercial airline personnel regarding such detec12 tion’’ after ‘‘United States’’; and

13 (B) by adding at the end the following:

14 ‘‘The Attorney General shall provide for expenditures for

15 training and assistance described in clause (iv) in an

16 amount, for any fiscal year, not less than 5 percent of

17 the total of the expenses incurred that are described in

18 the previous sentence.’’.

19 (2) APPLICABILITY.—The amendments made

20 by paragraph (1) shall apply to expenses incurred

21 during or after fiscal year 1997.

22 (b) COMPLIANCE WITH DETECTION REGULA23 TIONS.—

24 (1) IN GENERAL.—Section 212(f) (8 U.S.C.

25 1182(f)) is amended by adding at the end the follow-
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1 ing: ‘‘Whenever the Attorney General finds that a

2 commercial airline has failed to comply with regula3 tions of the Attorney General relating to require4 ments of airlines for the detection of fraudulent doc5 uments used by passengers traveling to the United

6 States (including the training of personnel in such

7 detection), the Attorney General may suspend the

8 entry of some or all aliens transported to the United

9 States by such airline.’’.

10 (2) DEADLINE.—The Attorney General shall

11 first issue, in proposed form, regulations referred to

12 in the second sentence of section 212(f) of the Immi13 gration and Nationality Act, as added by the amend14 ment made by paragraph (1), not later than 90 days

15 after the date of the enactment of this Act.

16 SEC. 125. PRECLEARANCE AUTHORITY.

17 Section 103(a) of the Immigration and Nationality

18 Act (8 U.S.C. 1103(a)) is amended by adding at the end

19 the following:

20 ‘‘After consultation with the Secretary of State, the Attor21 ney General may authorize officers of a foreign country

22 to be stationed at preclearance facilities in the United

23 States for the purpose of ensuring that persons traveling

24 from or through the United States to that foreign country

25 comply with that country’s immigration and related laws.
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1 Those officers may exercise such authority and perform

2 such duties as United States immigration officers are au3 thorized to exercise and perform in that foreign country

4 under reciprocal agreement, and they shall enjoy such rea5 sonable privileges and immunities necessary for the per6 formance of their duties as the government of their coun7 try extends to United States immigration officers.’’.

8 Subtitle C—Interior Enforcement

9 SEC. 131. AUTHORIZATION OF APPROPRIATIONS FOR IN10 CREASE IN NUMBER OF CERTAIN INVESTIGA11 TORS.

12 (a) AUTHORIZATION.—There are authorized to be ap13 propriated such funds as may be necessary to enable the

14 Commissioner of Immigration and Naturalization to in15 crease the number of investigators and support personnel

16 to investigate potential violations of sections 274 and

17 274A of the Immigration and Nationality Act by a number

18 equivalent to 300 full-time active-duty investigators in

19 each of fiscal years 1997, 1998, and 1999.

20 (b) ALLOCATION OF INVESTIGATORS.—At least one21 half of the investigators hired with funds made available

22 under subsection (a) shall be assigned to investigate po23 tential violations of section 274A of the Immigration and

24 Nationality Act.
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1 (c) LIMITATION ON OVERTIME.—None of the funds

2 made available under subsection (a) shall be available for

3 administrative expenses to pay any employee overtime pay

4 in an amount in excess of $25,000 for any fiscal year.

5 SEC. 132. AUTHORIZATION OF APPROPRIATIONS FOR IN6 CREASE IN NUMBER OF INVESTIGATORS OF

7 VISA OVERSTAYERS.

8 There are authorized to be appropriated such funds

9 as may be necessary to enable the Commissioner of Immi10 gration and Naturalization to increase the number of in11 vestigators and support personnel to investigate visa over12 stayers by a number equivalent to 300 full-time active13 duty investigators in fiscal year 1997.

14 SEC. 133. ACCEPTANCE OF STATE SERVICES TO CARRY OUT

15 IMMIGRATION ENFORCEMENT.

16 Section 287 (8 U.S.C. 1357) is amended by adding

17 at the end the following:

18 ‘‘(g)(1) Notwithstanding section 1342 of title 31,

19 United States Code, the Attorney General may enter into

20 a written agreement with a State, or any political subdivi21 sion of a State, pursuant to which an officer or employee

22 of the State or subdivision, who is determined by the At23 torney General to be qualified to perform a function of

24 an immigration officer in relation to the investigation, ap25 prehension, or detention of aliens in the United States (in-
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1 cluding the transportation of such aliens across State lines

2 to detention centers), may carry out such function at the

3 expense of the State or political subdivision and to the

4 extent consistent with State and local law.

5 ‘‘(2) An agreement under this subsection shall re6 quire that an officer or employee of a State or political

7 subdivision of a State performing a function under the

8 agreement shall have knowledge of, and adhere to, Federal

9 law relating to the function, and shall contain a written

10 certification that the officers or employees performing the

11 function under the agreement have received adequate

12 training regarding the enforcement of relevant Federal im13 migration laws.

14 ‘‘(3) In performing a function under this subsection,

15 an officer or employee of a State or political subdivision

16 of a State shall be subject to the direction and supervision

17 of the Attorney General.

18 ‘‘(4) In performing a function under this subsection,

19 an officer or employee of a State or political subdivision

20 of a State may use Federal property or facilities, as pro21 vided in a written agreement between the Attorney Gen22 eral and the State or subdivision.

23 ‘‘(5) With respect to each officer or employee of a

24 State or political subdivision who is authorized to perform

25 a function under this subsection, the specific powers and
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1 duties that may be, or are required to be, exercised or

2 performed by the individual, the duration of the authority

3 of the individual, and the position of the agency of the

4 Attorney General who is required to supervise and direct

5 the individual, shall be set forth in a written agreement

6 between the Attorney General and the State or political

7 subdivision.

8 ‘‘(6) The Attorney General may not accept a service

9 under this subsection if the service will be used to displace

10 any Federal employee.

11 ‘‘(7) Except as provided in paragraph (8), an officer

12 or employee of a State or political subdivision of a State

13 performing functions under this subsection shall not be

14 treated as a Federal employee for any purpose other than

15 for purposes of chapter 81 of title 5, United States Code

16 (relating to compensation for injury), and sections 2671

17 through 2680 of title 28, United States Code (relating to

18 tort claims).

19 ‘‘(8) An officer or employee of a State or political

20 subdivision of a State acting under color of authority

21 under this subsection, or any agreement entered into

22 under this subsection, shall be considered to be acting

23 under color of Federal authority for purposes of determin24 ing the liability, and immunity from suit, of the officer
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1 or employee in a civil action brought under Federal or

2 State law.

3 ‘‘(9) Nothing in this subsection shall be construed to

4 require any State or political subdivision of a State to

5 enter into an agreement with the Attorney General under

6 this subsection.

7 ‘‘(10) Nothing in this subsection shall be construed

8 to require an agreement under this subsection in order for

9 any officer or employee of a State or political subdivision

10 of a State—

11 ‘‘(A) to communicate with the Attorney General

12 regarding the immigration status of any individual,

13 including reporting knowledge that a particular alien

14 is not lawfully present in the United States; or

15 ‘‘(B) otherwise to cooperate with the Attorney

16 General in the identification, apprehension, deten17 tion, or removal of aliens not lawfully present in the

18 United States.’’.

19 SEC. 134. MINIMUM STATE INS PRESENCE.

20 (a) IN GENERAL.—Section 103 (8 U.S.C. 1103), as

21 amended by section 102(e) of this division, is further

22 amended by adding at the end the following:

23 ‘‘(f) The Attorney General shall allocate to each State

24 not fewer than 10 full-time active duty agents of the Im25 migration and Naturalization Service to carry out the
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1 functions of the Service, in order to ensure the effective

2 enforcement of this Act.’’.

3 (b) EFFECTIVE DATE.—The amendment made by

4 subsection (a) shall take effect 90 days after the date of

5 the enactment of this Act.

6 TITLE II—ENHANCED ENFORCE7 MENT AND PENALTIES

8 AGAINST ALIEN SMUGGLING;

9 DOCUMENT FRAUD

10 Subtitle A—Enhanced Enforcement

11 and Penalties Against Alien

12 Smuggling

13 SEC. 201. WIRETAP AUTHORITY FOR INVESTIGATIONS OF

14 ALIEN SMUGGLING OR DOCUMENT FRAUD.

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

16 amended—

17 (1) in paragraph (c), by striking ‘‘or section

18 1992 (relating to wrecking trains)’’ and inserting

19 ‘‘section 1992 (relating to wrecking trains), a felony

20 violation of section 1028 (relating to production of

21 false identification documentation), section 1425 (re22 lating to the procurement of citizenship or national23 ization unlawfully), section 1426 (relating to the re24 production of naturalization or citizenship papers),

25 section 1427 (relating to the sale of naturalization
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1 or citizenship papers), section 1541 (relating to

2 passport issuance without authority), section 1542

3 (relating to false statements in passport applica4 tions), section 1543 (relating to forgery or false use

5 of passports), section 1544 (relating to misuse of

6 passports), or section 1546 (relating to fraud and

7 misuse of visas, permits, and other documents)’’;

8 (2) by striking ‘‘or’’ at the end of paragraph

9 (l);

10 (3) by redesignating paragraphs (m), (n), and

11 (o) as paragraphs (n), (o), and (p), respectively; and

12 (4) by inserting after paragraph (l) the follow13 ing new paragraph:

14 ‘‘(m) a violation of section 274, 277, or 278 of

15 the Immigration and Nationality Act (8 U.S.C.

16 1324, 1327, or 1328) (relating to the smuggling of

17 aliens);’’.

18 SEC. 202. RACKETEERING OFFENSES RELATING TO ALIEN

19 SMUGGLING.

20 Section 1961(1) of title 18, United States Code, as

21 amended by section 433 of Public Law 104–132, is

22 amended—

23 (1) by striking ‘‘if the act indictable under sec24 tion 1028 was committed for the purpose of finan25 cial gain’’;
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1 (2) by inserting ‘‘section 1425 (relating to the

2 procurement of citizenship or nationalization unlaw3 fully), section 1426 (relating to the reproduction of

4 naturalization or citizenship papers), section 1427

5 (relating to the sale of naturalization or citizenship

6 papers),’’ after ‘‘section 1344 (relating to financial

7 institution fraud),’’;

8 (3) by striking ‘‘if the act indictable under sec9 tion 1542 was committed for the purpose of finan10 cial gain’’;

11 (4) by striking ‘‘if the act indictable under sec12 tion 1543 was committed for the purpose of finan13 cial gain’’;

14 (5) by striking ‘‘if the act indictable under sec15 tion 1544 was committed for the purpose of finan16 cial gain’’; and

17 (6) by striking ‘‘if the act indictable under sec18 tion 1546 was committed for the purpose of finan19 cial gain’’.

20 SEC. 203. INCREASED CRIMINAL PENALTIES FOR ALIEN

21 SMUGGLING.

22 (a) COMMERCIAL ADVANTAGE.—Section

23 274(a)(1)(B)(i) (8 U.S.C. 1324(a)(1)(B)(i)) is amended

24 by inserting ‘‘or in the case of a violation of subparagraph

25 (A)(ii), (iii), or (iv) in which the offense was done for the
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1 purpose of commercial advantage or private financial

2 gain’’ after ‘‘subparagraph (A)(i)’’.

3 (b) ADDITIONAL OFFENSES.—Section 274(a) (8

4 U.S.C. 1324(a)) is amended—

5 (1) in paragraph (1)(A)—

6 (A) by striking ‘‘or’’ at the end of clause

7 (iii);

8 (B) by striking the comma at the end of

9 clause (iv) and inserting ‘‘; or’’; and

10 (C) by adding at the end the following new

11 clause:

12 ‘‘(v)(I) engages in any conspiracy to commit

13 any of the preceding acts, or

14 ‘‘(II) aids or abets the commission of any of the

15 preceding acts,’’;

16 (2) in paragraph (1)(B)—

17 (A) in clause (i), by inserting ‘‘or (v)(I)’’

18 after ‘‘(A)(i)’’;

19 (B) in clause (ii), by striking ‘‘or (iv)’’ and

20 inserting ‘‘(iv), or (v)(II)’’;

21 (C) in clause (iii), by striking ‘‘or (iv)’’ and

22 inserting ‘‘(iv), or (v)’’; and

23 (D) in clause (iv), by striking ‘‘or (iv)’’ and

24 inserting ‘‘(iv), or (v)’’;
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1 (3) in paragraph (2)(B), by striking ‘‘be fined’’

2 and all that follows and inserting the following: ‘‘be

3 fined under title 18, United States Code, and shall

4 be imprisoned, in the case of a first or second viola5 tion of subparagraph (B)(iii), not more than 10

6 years, in the case of a first or second violation of

7 subparagraph (B)(i) or (B)(ii), not less than 3 nor

8 more than 10 years, and for any other violation, not

9 less than 5 nor more than 15 years.’’; and

10 (4) by adding at the end the following new

11 paragraph:

12 ‘‘(3)(A) Any person who, during any 12-month pe13 riod, knowingly hires for employment at least 10 individ14 uals with actual knowledge that the individuals are aliens

15 described in subparagraph (B) shall be fined under title

16 18, United States Code, or imprisoned for not more than

17 5 years, or both.

18 ‘‘(B) An alien described in this subparagraph is an

19 alien who—

20 ‘‘(i) is an unauthorized alien (as defined in sec21 tion 274A(h)(3)), and

22 ‘‘(ii) has been brought into the United States in

23 violation of this subsection.’’.
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1 (c) SMUGGLING OF ALIENS WHO WILL COMMIT

2 CRIMES.—Clause (i) of section 274(a)(2)(B) (8 U.S.C.

3 1324(a)(2)(B)) is amended to read as follows:

4 ‘‘(i) an offense committed with the intent

5 or with reason to believe that the alien unlaw6 fully brought into the United States will commit

7 an offense against the United States or any

8 State punishable by imprisonment for more

9 than 1 year,’’.

10 (d) APPLYING CERTAIN PENALTIES ON A PER ALIEN

11 BASIS.—Section 274(a)(2) (8 U.S.C. 1324(a)(2)) is

12 amended by striking ‘‘for each transaction constituting a

13 violation of this paragraph, regardless of the number of

14 aliens involved’’ and inserting ‘‘for each alien in respect

15 to whom a violation of this paragraph occurs’’.

16 (e) SENTENCING GUIDELINES.—

17 (1) IN GENERAL.—Pursuant to its authority

18 under section 994(p) of title 28, United States Code,

19 the United States Sentencing Commission shall pro20 mulgate sentencing guidelines or amend existing

21 sentencing guidelines for offenders convicted of of22 fenses related to smuggling, transporting, harboring,

23 or inducing aliens in violation of section 274(a)

24 (1)(A) or (2) of the Immigration and Nationality
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1 Act (8 U.S.C. 1324(a)(1)(A), (2)(B)) in accordance

2 with this subsection.

3 (2) REQUIREMENTS.—In carrying out this sub4 section, the Commission shall, with respect to the of5 fenses described in paragraph (1)—

6 (A) increase the base offense level for such

7 offenses at least 3 offense levels above the ap8 plicable level in effect on the date of the enact9 ment of this Act;

10 (B) review the sentencing enhancement for

11 the number of aliens involved (U.S.S.G.

12 2L1.1(b)(2)), and increase the sentencing en13 hancement by at least 50 percent above the ap14 plicable enhancement in effect on the date of

15 the enactment of this Act;

16 (C) impose an appropriate sentencing en17 hancement upon an offender with 1 prior felony

18 conviction arising out of a separate and prior

19 prosecution for an offense that involved the

20 same or similar underlying conduct as the cur21 rent offense, to be applied in addition to any

22 sentencing enhancement that would otherwise

23 apply pursuant to the calculation of the defend24 ant’s criminal history category;
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1 (D) impose an additional appropriate sen2 tencing enhancement upon an offender with 2

3 or more prior felony convictions arising out of

4 separate and prior prosecutions for offenses

5 that involved the same or similar underling con6 duct as the current offense, to be applied in ad7 dition to any sentencing enhancement that

8 would otherwise apply pursuant to the calcula9 tion of the defendant’s criminal history cat10 egory;

11 (E) impose an appropriate sentencing en12 hancement on a defendant who, in the course of

13 committing an offense described in this sub14 section—

15 (i) murders or otherwise causes death,

16 bodily injury, or serious bodily injury to an

17 individual;

18 (ii) uses or brandishes a firearm or

19 other dangerous weapon; or

20 (iii) engages in conduct that con21 sciously or recklessly places another in se22 rious danger of death or serious bodily in23 jury;

24 (F) consider whether a downward adjust25 ment is appropriate if the offense is a first of-
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1 fense and involves the smuggling only of the

2 alien’s spouse or child; and

3 (G) consider whether any other aggravat4 ing or mitigating circumstances warrant up5 ward or downward sentencing adjustments.

6 (3) EMERGENCY AUTHORITY TO SENTENCING

7 COMMISSION.—The Commission shall promulgate

8 the guidelines or amendments provided for under

9 this subsection as soon as practicable in accordance

10 with the procedure set forth in section 21(a) of the

11 Sentencing Act of 1987, as though the authority

12 under that Act had not expired.

13 (f) EFFECTIVE DATE.—This section and the amend14 ments made by this section shall apply with respect to of15 fenses occurring on or after the date of the enactment of

16 this Act.

17 SEC. 204. INCREASED NUMBER OF ASSISTANT UNITED

18 STATES ATTORNEYS.

19 (a) IN GENERAL.—The number of Assistant United

20 States Attorneys employed by the Department of Justice

21 for the fiscal year 1997 shall be increased by at least 25

22 above the number of Assistant United States Attorneys

23 that were authorized to be employed as of September 30,

24 1996.
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1 (b) ASSIGNMENT.—Individuals employed to fill the

2 additional positions described in subsection (a) shall pros3 ecute persons who bring into the United States or harbor

4 illegal aliens or violate other criminal statutes involving

5 illegal aliens.

6 SEC. 205. UNDERCOVER INVESTIGATION AUTHORITY.

7 (a) IN GENERAL.—Title II is amended by adding at

8 the end the following new section:

9 ‘‘UNDERCOVER INVESTIGATION AUTHORITY

10 ‘‘SEC. 294. (a) IN GENERAL.—With respect to any

11 undercover investigative operation of the Service which is

12 necessary for the detection and prosecution of crimes

13 against the United States—

14 ‘‘(1) sums appropriated for the Service may be

15 used for leasing space within the United States and

16 the territories and possessions of the United States

17 without regard to the following provisions of law:

18 ‘‘(A) section 3679(a) of the Revised Stat19 utes (31 U.S.C. 1341),

20 ‘‘(B) section 3732(a) of the Revised Stat21 utes (41 U.S.C. 11(a)),

22 ‘‘(C) section 305 of the Act of June 30,

23 1949 (63 Stat. 396; 41 U.S.C. 255),

24 ‘‘(D) the third undesignated paragraph

25 under the heading ‘Miscellaneous’ of the Act of

26 March 3, 1877 (19 Stat. 370; 40 U.S.C. 34),
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1 ‘‘(E) section 3648 of the Revised Statutes

2 (31 U.S.C. 3324),

3 ‘‘(F) section 3741 of the Revised Statutes

4 (41 U.S.C. 22), and

5 ‘‘(G) subsections (a) and (c) of section 304

6 of the Federal Property and Administrative

7 Services Act of 1949 (63 Stat. 395; 41 U.S.C.

8 254 (a) and (c));

9 ‘‘(2) sums appropriated for the Service may be

10 used to establish or to acquire proprietary corpora11 tions or business entities as part of an undercover

12 operation, and to operate such corporations or busi13 ness entities on a commercial basis, without regard

14 to the provisions of section 304 of the Government

15 Corporation Control Act (31 U.S.C. 9102);

16 ‘‘(3) sums appropriated for the Service, and the

17 proceeds from the undercover operation, may be de18 posited in banks or other financial institutions with19 out regard to the provisions of section 648 of title

20 18, United States Code, and of section 3639 of the

21 Revised Statutes (31 U.S.C. 3302); and

22 ‘‘(4) the proceeds from the undercover oper23 ation may be used to offset necessary and reasonable

24 expenses incurred in such operation without regard
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1 to the provisions of section 3617 of the Revised

2 Statutes (31 U.S.C. 3302).

3 The authority set forth in this subsection may be exercised

4 only upon written certification of the Commissioner, in

5 consultation with the Deputy Attorney General, that any

6 action authorized by paragraph (1), (2), (3), or (4) is nec7 essary for the conduct of the undercover operation.

8 ‘‘(b) DISPOSITION OF PROCEEDS NO LONGER RE9 QUIRED.—As soon as practicable after the proceeds from

10 an undercover investigative operation, carried out under

11 paragraphs (3) and (4) of subsection (a), are no longer

12 necessary for the conduct of the operation, the proceeds

13 or the balance of the proceeds remaining at the time shall

14 be deposited into the Treasury of the United States as

15 miscellaneous receipts.

16 ‘‘(c) DISPOSITION OF CERTAIN CORPORATIONS AND

17 BUSINESS ENTITIES.—If a corporation or business entity

18 established or acquired as part of an undercover operation

19 under paragraph (2) of subsection (a) with a net value

20 of over $50,000 is to be liquidated, sold, or otherwise dis21 posed of, the Service, as much in advance as the Commis22 sioner or Commissioner’s designee determines practicable,

23 shall report the circumstances to the Attorney General,

24 the Director of the Office of Management and Budget, and

25 the Comptroller General. The proceeds of the liquidation,
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1 sale, or other disposition, after obligations are met, shall

2 be deposited in the Treasury of the United States as mis3 cellaneous receipts.

4 ‘‘(d) FINANCIAL AUDITS.—The Service shall conduct

5 detailed financial audits of closed undercover operations

6 on a quarterly basis and shall report the results of the

7 audits in writing to the Deputy Attorney General.’’.

8 (b) CLERICAL AMENDMENT.—The table of contents

9 is amended by inserting after the item relating to section

10 293 the following:

‘‘Sec. 294. Undercover investigation authority.’’.

11 Subtitle B—Deterrence of

12 Document Fraud

13 SEC. 211. INCREASED CRIMINAL PENALTIES FOR FRAUDU14 LENT USE OF GOVERNMENT-ISSUED DOCU15 MENTS.

16 (a) FRAUD AND MISUSE OF GOVERNMENT-ISSUED

17 IDENTIFICATION DOCUMENTS.—(1) Section 1028(b) of

18 title 18, United States Code, is amended—

19 (A) in paragraph (1), by inserting ‘‘except as

20 provided in paragraphs (3) and (4),’’ after ‘‘(1)’’

21 and by striking ‘‘five years’’ and inserting ‘‘15

22 years’’;

23 (B) in paragraph (2), by inserting ‘‘except as

24 provided in paragraphs (3) and (4),’’ after ‘‘(2)’’

25 and by striking ‘‘and’’ at the end;
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1 (C) by redesignating paragraph (3) as para2 graph (5); and

3 (D) by inserting after paragraph (2) the follow4 ing new paragraphs:

5 ‘‘(3) a fine under this title or imprisonment for

6 not more than 20 years, or both, if the offense is

7 committed to facilitate a drug trafficking crime (as

8 defined in section 929(a)(2) of this title);

9 ‘‘(4) a fine under this title or imprisonment for

10 not more than 25 years, or both, if the offense is

11 committed to facilitate an act of international terror12 ism (as defined in section 2331(1) of this title);

13 and’’.

14 (2) Sections 1425 through 1427, sections 1541

15 through 1544, and section 1546(a) of title 18, United

16 States Code, are each amended by striking ‘‘imprisoned

17 not more’’ and all that follows through ‘‘years’’ each place

18 it appears and inserting the following: ‘‘imprisoned not

19 more than 25 years (if the offense was committed to facili20 tate an act of international terrorism (as defined in section

21 2331 of this title)), 20 years (if the offense was committed

22 to facilitate a drug trafficking crime (as defined in section

23 929(a) of this title)), 10 years (in the case of the first

24 or second such offense, if the offense was not committed

25 to facility such an act of international terrorism or a drug
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1 trafficking crime), or 15 years (in the case of any other

2 offense)’’.

3 (b) CHANGES TO THE SENTENCING LEVELS.—

4 (1) IN GENERAL.—Pursuant to the Commis5 sion’s authority under section 994(p) of title 28,

6 United States Code, the United States Sentencing

7 Commission shall promulgate sentencing guidelines

8 or amend existing sentencing guidelines for offend9 ers convicted of violating, or conspiring to violate,

10 sections 1028(b)(1), 1425 through 1427, 1541

11 through 1544, and 1546(a) of title 18, United

12 States Code, in accordance with this subsection.

13 (2) REQUIREMENTS.—In carrying out this sub14 section, the Commission shall, with respect to the of15 fenses referred to in paragraph (1)—

16 (A) increase the base offense level for such

17 offenses at least 2 offense levels above the level

18 in effect on the date of the enactment of this

19 Act;

20 (B) review the sentencing enhancement for

21 number of documents or passports involved

22 (U.S.S.G. 2L2.1(b)(2)), and increase the up23 ward adjustment by at least 50 percent above

24 the applicable enhancement in effect on the

25 date of the enactment of this Act;
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1 (C) impose an appropriate sentencing en2 hancement upon an offender with 1 prior felony

3 conviction arising out of a separate and prior

4 prosecution for an offense that involved the

5 same or similar underlying conduct as the cur6 rent offense, to be applied in addition to any

7 sentencing enhancement that would otherwise

8 apply pursuant to the calculation of the defend9 ant’s criminal history category;

10 (D) impose an additional appropriate sen11 tencing enhancement upon an offender with 2

12 or more prior felony convictions arising out of

13 separate and prior prosecutions for offenses

14 that involved the same or similar underlying

15 conduct as the current offense, to be applied in

16 addition to any sentencing enhancement that

17 would otherwise apply pursuant to the calcula18 tion of the defendant’s criminal history cat19 egory; and

20 (E) consider whether any other aggravat21 ing or mitigating circumstances warrant up22 ward or downward sentencing adjustments.

23 (3) EMERGENCY AUTHORITY TO SENTENCING

24 COMMISSION.—The Commission shall promulgate

25 the guidelines or amendments provided for under
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1 this subsection as soon as practicable in accordance

2 with the procedure set forth in section 21(a) of the

3 Sentencing Act of 1987, as though the authority

4 under that Act had not expired.

5 (c) EFFECTIVE DATE.—This section and the amend6 ments made by this section shall apply with respect to of7 fenses occurring on or after the date of the enactment of

8 this Act.

9 SEC. 212. NEW DOCUMENT FRAUD OFFENSES; NEW CIVIL

10 PENALTIES FOR DOCUMENT FRAUD.

11 (a) ACTIVITIES PROHIBITED.—Section 274C(a) (8

12 U.S.C. 1324c(a)) is amended—

13 (1) in paragraph (1), by inserting before the

14 comma at the end the following: ‘‘or to obtain a ben15 efit under this Act’’;

16 (2) in paragraph (2), by inserting before the

17 comma at the end the following: ‘‘or to obtain a ben18 efit under this Act’’;

19 (3) in paragraph (3)—

20 (A) by inserting ‘‘or with respect to’’ after

21 ‘‘issued to’’;

22 (B) by adding before the comma at the end

23 the following: ‘‘or obtaining a benefit under this

24 Act’’; and

25 (C) by striking ‘‘or’’ at the end;
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1 (4) in paragraph (4)—

2 (A) by inserting ‘‘or with respect to’’ after

3 ‘‘issued to’’;

4 (B) by adding before the period at the end

5 the following: ‘‘or obtaining a benefit under this

6 Act’’; and

7 (C) by striking the period at the end and

8 inserting ‘‘, or’’; and

9 (5) by adding at the end the following new

10 paragraphs:

11 ‘‘(5) to prepare, file, or assist another in pre12 paring or filing, any application for benefits under

13 this Act, or any document required under this Act,

14 or any document submitted in connection with such

15 application or document, with knowledge or in reck16 less disregard of the fact that such application or

17 document was falsely made or, in whole or in part,

18 does not relate to the person on whose behalf it was

19 or is being submitted, or

20 ‘‘(6)(A) to present before boarding a common

21 carrier for the purpose of coming to the United

22 States a document which relates to the alien’s eligi23 bility to enter the United States, and (B) to fail to

24 present such document to an immigration officer

25 upon arrival at a United States port of entry.’’.
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1 (b) DEFINITION OF FALSELY MAKE.—Section 274C

2 (8 U.S.C. 1324c), as amended by section 213 of this divi3 sion, is further amended by adding at the end the follow4 ing new subsection:

5 ‘‘(f) FALSELY MAKE.—For purposes of this section,

6 the term ‘falsely make’ means to prepare or provide an

7 application or document, with knowledge or in reckless

8 disregard of the fact that the application or document con9 tains a false, fictitious, or fraudulent statement or mate10 rial representation, or has no basis in law or fact, or other11 wise fails to state a fact which is material to the purpose

12 for which it was submitted.’’.

13 (c) CONFORMING AMENDMENT.—Section 274C(d)(3)

14 (8 U.S.C. 1324c(d)(3)) is amended by striking ‘‘each doc15 ument used, accepted, or created and each instance of use,

16 acceptance, or creation’’ each place it appears and insert17 ing ‘‘each document that is the subject of a violation under

18 subsection (a)’’.

19 (d) WAIVER BY ATTORNEY GENERAL.—Section

20 274C(d) (8 U.S.C. 1324c(d)) is amended by adding at the

21 end the following new paragraph:

22 ‘‘(7) WAIVER BY ATTORNEY GENERAL.—The

23 Attorney General may waive the penalties imposed

24 by this section with respect to an alien who know25 ingly violates subsection (a)(6) if the alien is granted
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1 asylum under section 208 or withholding of deporta2 tion under section 243(h).’’.

3 (e) EFFECTIVE DATE.—Section 274C(f) of the Immi4 gration and Nationality Act, as added by subsection (b),

5 applies to the preparation of applications before, on, or

6 after the date of the enactment of this Act.

7 SEC. 213. NEW CRIMINAL PENALTIES FOR FAILURE TO DIS8 CLOSE ROLE AS PREPARER OF FALSE APPLI9 CATION FOR IMMIGRATION BENEFITS.

10 Section 274C (8 U.S.C. 1324c) is amended by adding

11 at the end the following new subsection:

12 ‘‘(e) CRIMINAL PENALTIES FOR FAILURE TO DIS13 CLOSE ROLE AS DOCUMENT PREPARER.—(1) Whoever, in

14 any matter within the jurisdiction of the Service, know15 ingly and willfully fails to disclose, conceals, or covers up

16 the fact that they have, on behalf of any person and for

17 a fee or other remuneration, prepared or assisted in pre18 paring an application which was falsely made (as defined

19 in subsection (f)) for immigration benefits, shall be fined

20 in accordance with title 18, United States Code, impris21 oned for not more than 5 years, or both, and prohibited

22 from preparing or assisting in preparing, whether or not

23 for a fee or other remuneration, any other such applica24 tion.
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1 ‘‘(2) Whoever, having been convicted of a violation

2 of paragraph (1), knowingly and willfully prepares or as3 sists in preparing an application for immigration benefits

4 pursuant to this Act, or the regulations promulgated

5 thereunder, whether or not for a fee or other remuneration

6 and regardless of whether in any matter within the juris7 diction of the Service, shall be fined in accordance with

8 title 18, United States Code, imprisoned for not more than

9 15 years, or both, and prohibited from preparing or assist10 ing in preparing any other such application.’’.

11 SEC. 214. CRIMINAL PENALTY FOR KNOWINGLY PRESENT12 ING DOCUMENT WHICH FAILS TO CONTAIN

13 REASONABLE BASIS IN LAW OR FACT.

14 The fourth paragraph of section 1546(a) of title 18,

15 United States Code, is amended by striking ‘‘containing

16 any such false statement’’ and inserting ‘‘which contains

17 any such false statement or which fails to contain any rea18 sonable basis in law or fact’’.

19 SEC. 215. CRIMINAL PENALTY FOR FALSE CLAIM TO CITI20 ZENSHIP.

21 Section 1015 of title 18, United States Code, is

22 amended—

23 (1) by striking the dash at the end of para24 graph (d) and inserting ‘‘; or’’, and
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1 (2) by inserting after paragraph (d) the follow2 ing:

3 ‘‘(e) Whoever knowingly makes any false statement

4 or claim that he is, or at any time has been, a citizen

5 or national of the United States, with the intent to obtain

6 on behalf of himself, or any other person, any Federal or

7 State benefit or service, or to engage unlawfully in employ8 ment in the United States; or

9 ‘‘(f) Whoever knowingly makes any false statement

10 or claim that he is a citizen of the United States in order

11 to register to vote or to vote in any Federal, State, or

12 local election (including an initiative, recall, or referen13 dum)—’’.

14 SEC. 216. CRIMINAL PENALTY FOR VOTING BY ALIENS IN

15 FEDERAL ELECTION.

16 (a) IN GENERAL.—Title 18, United States Code, is

17 amended by inserting after section 610 the following:

18 ‘‘§ 611. Voting by aliens

19 ‘‘(a) It shall be unlawful for any alien to vote in any

20 election held solely or in part for the purpose of electing

21 a candidate for the office of President, Vice President,

22 Presidential elector, Member of the Senate, Member of the

23 House of Representatives, Delegate from the District of

24 Columbia, or Resident Commissioner, unless—
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1 ‘‘(1) the election is held partly for some other

2 purpose;

3 ‘‘(2) aliens are authorized to vote for such other

4 purpose under a State constitution or statute or a

5 local ordinance; and

6 ‘‘(3) voting for such other purpose is conducted

7 independently of voting for a candidate for such

8 Federal offices, in such a manner that an alien has

9 the opportunity to vote for such other purpose, but

10 not an opportunity to vote for a candidate for any

11 one or more of such Federal offices.

12 ‘‘(b) Any person who violates this section shall be

13 fined under this title, imprisoned not more than one year,

14 or both.’’.

15 (b) CLERICAL AMENDMENT.—The table of sections

16 at the beginning of chapter 29 of title 18, United States

17 Code, is amended by inserting after the item relating to

18 section 610 the following new item:

‘‘611. Voting by aliens.’’.

19 SEC. 217. CRIMINAL FORFEITURE FOR PASSPORT AND VISA

20 RELATED OFFENSES.

21 Section 982(a) of title 18, United States Code, is

22 amended by inserting after paragraph (5) the following

23 new paragraph:

24 ‘‘(6)(A) The court, in imposing sentence on a person

25 convicted of a violation of, or conspiracy to violate, section
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1 1425, 1426, 1427, 1541, 1542, 1543, 1544, or 1546 of

2 this title, or a violation of, or conspiracy to violate, section

3 1028 of this title if committed in connection with passport

4 or visa issuance or use, shall order that the person forfeit

5 to the United States, regardless of any provision of State

6 law—

7 ‘‘(i) any conveyance, including any vessel, vehi8 cle, or aircraft used in the commission of a violation

9 of, or a conspiracy to violate, subsection (a); and

10 ‘‘(ii) any property real or personal—

11 ‘‘(I) that constitutes, or is derived from or

12 is traceable to the proceeds obtained directly or

13 indirectly from the commission of a violation of,

14 or a conspiracy to violate, subsection (a), sec15 tion 274A(a)(1) or 274A(a)(2) of the Immigra16 tion and Nationality Act, or section 1028,

17 1425, 1426, 1427, 1541, 1542, 1543, 1544, or

18 1546 of this title; or

19 ‘‘(II) that is used to facilitate, or is in20 tended to be used to facilitate, the commission

21 of a violation of, or a conspiracy to violate, sub22 section (a), section 274A(a)(1) or 274A(a)(2) of

23 the Immigration and Nationality Act, or section

24 1028, 1425, 1426, 1427, 1541, 1542, 1543,

25 1544, or 1546 of this title.
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1 The court, in imposing sentence on such person, shall

2 order that the person forfeit to the United States all prop3 erty described in this subparagraph.

4 ‘‘(B) The criminal forfeiture of property under sub5 paragraph (A), including any seizure and disposition of

6 the property and any related administrative or judicial

7 proceeding, shall be governed by the provisions of section

8 413 of the Comprehensive Drug Abuse Prevention and

9 Control Act of 1970 (21 U.S.C. 853), other than sub10 sections (a) and (d) of such section 413.’’.

11 SEC. 218. CRIMINAL PENALTIES FOR INVOLUNTARY SER12 VITUDE.

13 (a) AMENDMENTS TO TITLE 18.—Sections 1581,

14 1583, 1584, and 1588 of title 18, United States Code,

15 are amended by striking ‘‘five’’ each place it appears and

16 inserting ‘‘10’’.

17 (b) REVIEW OF SENTENCING GUIDELINES.—The

18 United States Sentencing Commission shall ascertain

19 whether there exists an unwarranted disparity—

20 (1) between the sentences for peonage, involun21 tary servitude, and slave trade offenses, and the sen22 tences for kidnapping offenses in effect on the date

23 of the enactment of this Act; and

24 (2) between the sentences for peonage, involun25 tary servitude, and slave trade offenses, and the sen-
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1 tences for alien smuggling offenses in effect on the

2 date of the enactment of this Act and after the

3 amendment made by subsection (a).

4 (c) AMENDMENT OF SENTENCING GUIDELINES.—

5 (1) IN GENERAL.—Pursuant to its authority

6 under section 994(p) of title 28, United States Code,

7 the United States Sentencing Commission shall re8 view its guidelines on sentencing for peonage, invol9 untary servitude, and slave trade offenses under sec10 tions 1581 through 1588 of title 18, United States

11 Code, and shall amend such guidelines as necessary

12 to—

13 (A) reduce or eliminate any unwarranted

14 disparity found under subsection (b) that exists

15 between the sentences for peonage, involuntary

16 servitude, and slave trade offenses, and the sen17 tences for kidnapping offenses and alien smug18 gling offenses;

19 (B) ensure that the applicable guidelines

20 for defendants convicted of peonage, involun21 tary servitude, and slave trade offenses are suf22 ficiently stringent to deter such offenses and

23 adequately reflect the heinous nature of such

24 offenses; and
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1 (C) ensure that the guidelines reflect the

2 general appropriateness of enhanced sentences

3 for defendants whose peonage, involuntary ser4 vitude, or slave trade offenses involve—

5 (i) a large number of victims;

6 (ii) the use or threatened use of a

7 dangerous weapon; or

8 (iii) a prolonged period of peonage or

9 involuntary servitude.

10 (2) EMERGENCY AUTHORITY TO SENTENCING

11 COMMISSION.—The Commission shall promulgate

12 the guidelines or amendments provided for under

13 this subsection as soon as practicable in accordance

14 with the procedure set forth in section 21(a) of the

15 Sentencing Act of 1987, as though the authority

16 under that Act had not expired.

17 (d) EFFECTIVE DATE.—This section and the amend18 ments made by this section shall apply with respect to of19 fenses occurring on or after the date of the enactment of

20 this Act.

21 SEC. 219. ADMISSIBILITY OF VIDEOTAPED WITNESS TESTI22 MONY.

23 Section 274 (8 U.S.C. 1324) is amended by adding

24 at the end thereof the following new subsection:
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1 ‘‘(d) Notwithstanding any provision of the Federal

2 Rules of Evidence, the videotaped (or otherwise audio3 visually preserved) deposition of a witness to a violation

4 of subsection (a) who has been deported or otherwise ex5 pelled from the United States, or is otherwise unable to

6 testify, may be admitted into evidence in an action brought

7 for that violation if the witness was available for cross ex8 amination and the deposition otherwise complies with the

9 Federal Rules of Evidence.’’.

10 SEC. 220. SUBPOENA AUTHORITY IN DOCUMENT FRAUD EN11 FORCEMENT.

12 Section 274C(d)(1) (8 U.S.C. 1324c(d)(1)) is amend13 ed—

14 (1) by striking ‘‘and’’ at the end of subpara15 graph (A);

16 (2) by striking the period at the end of sub17 paragraph (B) and inserting ‘‘, and’’; and

18 (3) by inserting after subparagraph (B) the fol19 lowing:

20 ‘‘(C) immigration officers designated by

21 the Commissioner may compel by subpoena the

22 attendance of witnesses and the production of

23 evidence at any designated place prior to the fil24 ing of a complaint in a case under paragraph

25 (2).’’.
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1 TITLE III—INSPECTION, APPRE2 HENSION, DETENTION, ADJU3 DICATION, AND REMOVAL OF

4 INADMISSIBLE AND DEPORT5 ABLE ALIENS

6 Subtitle A—Revision of Procedures

7 for Removal of Aliens

8 SEC. 301. TREATING PERSONS PRESENT IN THE UNITED

9 STATES WITHOUT AUTHORIZATION AS NOT

10 ADMITTED.

11 (a) ‘‘ADMISSION’’ DEFINED.—Paragraph (13) of sec12 tion 101(a) (8 U.S.C. 1101(a)) is amended to read as fol13 lows:

14 ‘‘(13)(A) The terms ‘admission’ and ‘admitted’ mean,

15 with respect to an alien, the lawful entry of the alien into

16 the United States after inspection and authorization by

17 an immigration officer.

18 ‘‘(B) An alien who is paroled under section 212(d)(5)

19 or permitted to land temporarily as an alien crewman shall

20 not be considered to have been admitted.

21 ‘‘(C) An alien lawfully admitted for permanent resi22 dence in the United States shall not be regarded as seek23 ing an admission into the United States for purposes of

24 the immigration laws unless the alien—

25 ‘‘(i) has abandoned or relinquished that status,
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1 ‘‘(ii) has been absent from the United States

2 for a continuous period in excess of 180 days,

3 ‘‘(iii) has engaged in illegal activity after having

4 departed the United States,

5 ‘‘(iv) has departed from the United States while

6 under legal process seeking removal of the alien

7 from the United States, including removal proceed8 ings under this Act and extradition proceedings,

9 ‘‘(v) has committed an offense identified in sec10 tion 212(a)(2), unless since such offense the alien

11 has been granted relief under section 212(h) or

12 240A(a), or

13 ‘‘(vi) is attempting to enter at a time or place

14 other than as designated by immigration officers or

15 has not been admitted to the United States after in16 spection and authorization by an immigration offi17 cer.’’.

18 (b) INADMISSIBILITY OF ALIENS PREVIOUSLY RE19 MOVED AND UNLAWFULLY PRESENT.—

20 (1) IN GENERAL.—Section 212(a) (8 U.S.C.

21 1182(a)) is amended by redesignating paragraph (9)

22 as paragraph (10) and by inserting after paragraph

23 (8) the following new paragraph:

24 ‘‘(9) ALIENS PREVIOUSLY REMOVED.—
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1 ‘‘(A) CERTAIN ALIENS PREVIOUSLY RE2 MOVED.—

3 ‘‘(i) ARRIVING ALIENS.—Any alien

4 who has been ordered removed under sec5 tion 235(b)(1) or at the end of proceedings

6 under section 240 initiated upon the

7 alien’s arrival in the United States and

8 who again seeks admission within 5 years

9 of the date of such removal (or within 20

10 years in the case of a second or subsequent

11 removal or at any time in the case of an

12 alien convicted of an aggravated felony) is

13 inadmissible.

14 ‘‘(ii) OTHER ALIENS.—Any alien not

15 described in clause (i) who—

16 ‘‘(I) has been ordered removed

17 under section 240 or any other provi18 sion of law, or

19 ‘‘(II) departed the United States

20 while an order of removal was out21 standing,

22 and who seeks admission within 10 years

23 of the date of such alien’s departure or re24 moval (or within 20 years of such date in

25 the case of a second or subsequent removal
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1 or at any time in the case of an alien con2 victed of an aggravated felony) is inadmis3 sible.

4 ‘‘(iii) EXCEPTION.—Clauses (i) and

5 (ii) shall not apply to an alien seeking ad6 mission within a period if, prior to the date

7 of the alien’s reembarkation at a place out8 side the United States or attempt to be ad9 mitted from foreign contiguous territory,

10 the Attorney General has consented to the

11 alien’s reapplying for admission.

12 ‘‘(B) ALIENS UNLAWFULLY PRESENT.—

13 ‘‘(i) IN GENERAL.—Any alien (other

14 than an alien lawfully admitted for perma15 nent residence) who—

16 ‘‘(I) was unlawfully present in

17 the United States for a period of more

18 than 180 days but less than 1 year,

19 voluntarily departed the United States

20 (whether or not pursuant to section

21 244(e)) prior to the commencement of

22 proceedings under section 235(b)(1)

23 or section 240, and again seeks ad24 mission within 3 years of the date of

25 such alien’s departure or removal, or
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1 ‘‘(II) has been unlawfully present

2 in the United States for one year or

3 more, and who again seeks admission

4 within 10 years of the date of such

5 alien’s departure or removal from the

6 United States,

7 is inadmissible.

8 ‘‘(ii) CONSTRUCTION OF UNLAWFUL

9 PRESENCE.—For purposes of this para10 graph, an alien is deemed to be unlawfully

11 present in the United States if the alien is

12 present in the United States after the expi13 ration of the period of stay authorized by

14 the Attorney General or is present in the

15 United States without being admitted or

16 paroled.

17 ‘‘(iii) EXCEPTIONS.—

18 ‘‘(I) MINORS.—No period of time

19 in which an alien is under 18 years of

20 age shall be taken into account in de21 termining the period of unlawful pres22 ence in the United States under

23 clause (i).

24 ‘‘(II) ASYLEES.—No period of

25 time in which an alien has a bona fide
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1 application for asylum pending under

2 section 208 shall be taken into ac3 count in determining the period of un4 lawful presence in the United States

5 under clause (i) unless the alien dur6 ing such period was employed without

7 authorization in the United States.

8 ‘‘(III) FAMILY UNITY.—No pe9 riod of time in which the alien is a

10 beneficiary of family unity protection

11 pursuant to section 301 of the Immi12 gration Act of 1990 shall be taken

13 into account in determining the period

14 of unlawful presence in the United

15 States under clause (i).

16 ‘‘(IV) BATTERED WOMEN AND

17 CHILDREN.—Clause (i) shall not apply

18 to an alien who would be described in

19 paragraph (6)(A)(ii) if ‘violation of

20 the terms of the alien’s nonimmigrant

21 visa’ were substituted for ‘unlawful

22 entry into the United States’ in sub23 clause (III) of that paragraph.

24 ‘‘(iv) TOLLING FOR GOOD CAUSE.—In

25 the case of an alien who—
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1 ‘‘(I) has been lawfully admitted

2 or paroled into the United States,

3 ‘‘(II) has filed a nonfrivolous ap4 plication for a change or extension of

5 status before the date of expiration of

6 the period of stay authorized by the

7 Attorney General, and

8 ‘‘(III) has not been employed

9 without authorization in the United

10 States before or during the pendency

11 of such application,

12 the calculation of the period of time speci13 fied in clause (i)(I) shall be tolled during

14 the pendency of such application, but not

15 to exceed 120 days.

16 ‘‘(v) WAIVER.—The Attorney General

17 has sole discretion to waive clause (i) in

18 the case of an immigrant who is the spouse

19 or son or daughter of a United States citi20 zen or of an alien lawfully admitted for

21 permanent residence, if it is established to

22 the satisfaction of the Attorney General

23 that the refusal of admission to such immi24 grant alien would result in extreme hard25 ship to the citizen or lawfully resident
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1 spouse or parent of such alien. No court

2 shall have jurisdiction to review a decision

3 or action by the Attorney General regard4 ing a waiver under this clause.

5 ‘‘(C) ALIENS UNLAWFULLY PRESENT

6 AFTER PREVIOUS IMMIGRATION VIOLATIONS.—

7 ‘‘(i) IN GENERAL.—Any alien who—

8 ‘‘(I) has been unlawfully present

9 in the United States for an aggregate

10 period of more than 1 year, or

11 ‘‘(II) has been ordered removed

12 under section 235(b)(1), section 240,

13 or any other provision of law,

14 and who enters or attempts to reenter the

15 United States without being admitted is

16 inadmissible.

17 ‘‘(ii) EXCEPTION.—Clause (i) shall

18 not apply to an alien seeking admission

19 more than 10 years after the date of the

20 alien’s last departure from the United

21 States if, prior to the alien’s reembar22 kation at a place outside the United States

23 or attempt to be readmitted from a foreign

24 contiguous territory, the Attorney General
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1 has consented to the alien’s reapplying for

2 admission.’’.

3 (2) LIMITATION ON CHANGE OF STATUS.—Sec4 tion 248 (8 U.S.C. 1258) is amended by inserting

5 ‘‘and who is not inadmissible under section

6 212(a)(9)(B)(i) (or whose inadmissibility under such

7 section is waived under section 212(a)(9)(B)(v))’’

8 after ‘‘maintain that status’’.

9 (3) TREATMENT OF UNLAWFUL PRESENCE BE10 FORE EFFECTIVE DATE.—In applying section

11 212(a)(9)(B) of the Immigration and Nationality

12 Act, as inserted by paragraph (1), no period before

13 the title III–A effective date shall be included in a

14 period of unlawful presence in the United States.

15 (c) REVISION TO GROUND OF INADMISSIBILITY FOR

16 ILLEGAL ENTRANTS AND IMMIGRATION VIOLATORS.—

17 (1) IN GENERAL.—Subparagraphs (A) and (B)

18 of section 212(a)(6) (8 U.S.C. 1182(a)(6)) are

19 amended to read as follows:

20 ‘‘(A) ALIENS PRESENT WITHOUT ADMIS21 SION OR PAROLE.—

22 ‘‘(i) IN GENERAL.—An alien present

23 in the United States without being admit24 ted or paroled, or who arrives in the Unit25 ed States at any time or place other than
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1 as designated by the Attorney General, is

2 inadmissible.

3 ‘‘(ii) EXCEPTION FOR CERTAIN BAT4 TERED WOMEN AND CHILDREN.—Clause

5 (i) shall not apply to an alien who dem6 onstrates that—

7 ‘‘(I) the alien qualifies for immi8 grant status under subparagraph

9 (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of

10 section 204(a)(1),

11 ‘‘(II)(a) the alien has been bat12 tered or subjected to extreme cruelty

13 by a spouse or parent, or by a mem14 ber of the spouse’s or parent’s family

15 residing in the same household as the

16 alien and the spouse or parent con17 sented or acquiesced to such battery

18 or cruelty, or (b) the alien’s child has

19 been battered or subjected to extreme

20 cruelty by a spouse or parent of the

21 alien (without the active participation

22 of the alien in the battery or cruelty)

23 or by a member of the spouse’s or

24 parent’s family residing in the same

25 household as the alien when the
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1 spouse or parent consented to or ac2 quiesced in such battery or cruelty

3 and the alien did not actively partici4 pate in such battery or cruelty, and

5 ‘‘(III) there was a substantial

6 connection between the battery or cru7 elty described in subclause (I) or (II)

8 and the alien’s unlawful entry into the

9 United States.

10 ‘‘(B) FAILURE TO ATTEND REMOVAL PRO11 CEEDING.—Any alien who without reasonable

12 cause fails or refuses to attend or remain in at13 tendance at a proceeding to determine the

14 alien’s inadmissibility or deportability and who

15 seeks admission to the United States within 5

16 years of such alien’s subsequent departure or

17 removal is inadmissible. ’’.

18 (2) TRANSITION FOR BATTERED SPOUSE OR

19 CHILD PROVISION.—The requirements of subclauses

20 (II) and (III) of section 212(a)(6)(A)(ii) of the Im21 migration and Nationality Act, as inserted by para22 graph (1), shall not apply to an alien who dem23 onstrates that the alien first arrived in the United

24 States before the title III–A effective date (described

25 in section 309(a) of this division).
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1 (d) ADJUSTMENT IN GROUNDS FOR DEPORTA2 TION.—Section 241 (8 U.S.C. 1251), before redesignation

3 as section 237 by section 305(a)(2) of this division, is

4 amended—

5 (1) in the matter before paragraph (1) of sub6 section (a), by striking ‘‘in the United States’’ and

7 inserting ‘‘in and admitted to the United States’’;

8 (2) in subsection (a)(1), by striking ‘‘EXCLUD9 ABLE’’ each place it appears and inserting ‘‘INAD10 MISSIBLE’’;

11 (3) in subsection (a)(1)(A), by striking ‘‘exclud12 able’’ and inserting ‘‘inadmissible’’; and

13 (4) by amending subparagraph (B) of sub14 section (a)(1) to read as follows:

15 ‘‘(B) PRESENT IN VIOLATION OF LAW.—

16 Any alien who is present in the United States

17 in violation of this Act or any other law of the

18 United States is deportable.

19 SEC. 302. INSPECTION OF ALIENS; EXPEDITED REMOVAL

20 OF INADMISSIBLE ARRIVING ALIENS; REFER21 RAL FOR HEARING (REVISED SECTION 235).

22 (a) IN GENERAL.—Section 235 (8 U.S.C. 1225) is

23 amended to read as follows:
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1 ‘‘INSPECTION BY IMMIGRATION OFFICERS; EXPEDITED

2 REMOVAL OF INADMISSIBLE ARRIVING ALIENS; RE3 FERRAL FOR HEARING

4 ‘‘SEC. 235. (a) INSPECTION.—

5 ‘‘(1) ALIENS TREATED AS APPLICANTS FOR AD6 MISSION.—An alien present in the United States

7 who has not been admitted or who arrives in the

8 United States (whether or not at a designated port

9 of arrival and including an alien who is brought to

10 the United States after having been interdicted in

11 international or United States waters) shall be

12 deemed for purposes of this Act an applicant for ad13 mission.

14 ‘‘(2) STOWAWAYS.—An arriving alien who is a

15 stowaway is not eligible to apply for admission or to

16 be admitted and shall be ordered removed upon in17 spection by an immigration officer. Upon such in18 spection if the alien indicates an intention to apply

19 for asylum under section 208 or a fear of persecu20 tion, the officer shall refer the alien for an interview

21 under subsection (b)(1)(B). A stowaway may apply

22 for asylum only if the stowaway is found to have a

23 credible fear of persecution under subsection

24 (b)(1)(B). In no case may a stowaway be considered
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1 an applicant for admission or eligible for a hearing

2 under section 240.

3 ‘‘(3) INSPECTION.—All aliens (including alien

4 crewmen) who are applicants for admission or other5 wise seeking admission or readmission to or transit

6 through the United States shall be inspected by im7 migration officers.

8 ‘‘(4) WITHDRAWAL OF APPLICATION FOR AD9 MISSION.—An alien applying for admission may, in

10 the discretion of the Attorney General and at any

11 time, be permitted to withdraw the application for

12 admission and depart immediately from the United

13 States.

14 ‘‘(5) STATEMENTS.—An applicant for admis15 sion may be required to state under oath any infor16 mation sought by an immigration officer regarding

17 the purposes and intentions of the applicant in seek18 ing admission to the United States, including the

19 applicant’s intended length of stay and whether the

20 applicant intends to remain permanently or become

21 a United States citizen, and whether the applicant

22 is inadmissible.

23 ‘‘(b) INSPECTION OF APPLICANTS FOR ADMISSION.—
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1 ‘‘(1) INSPECTION OF ALIENS ARRIVING IN THE

2 UNITED STATES AND CERTAIN OTHER ALIENS WHO

3 HAVE NOT BEEN ADMITTED OR PAROLED.—

4 ‘‘(A) SCREENING.—

5 ‘‘(i) IN GENERAL.—If an immigration

6 officer determines that an alien (other

7 than an alien described in subparagraph

8 (F)) who is arriving in the United States

9 or is described in clause (iii) is inadmis10 sible under section 212(a)(6)(C) or

11 212(a)(7), the officer shall order the alien

12 removed from the United States without

13 further hearing or review unless the alien

14 indicates either an intention to apply for

15 asylum under section 208 or a fear of per16 secution.

17 ‘‘(ii) CLAIMS FOR ASYLUM.—If an im18 migration officer determines that an alien

19 (other than an alien described in subpara20 graph (F)) who is arriving in the United

21 States or is described in clause (iii) is in22 admissible under section 212(a)(6)(C) or

23 212(a)(7) and the alien indicates either an

24 intention to apply for asylum under section

25 208 or a fear of persecution, the officer
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1 shall refer the alien for an interview by an

2 asylum officer under subparagraph (B).

3 ‘‘(iii) APPLICATION TO CERTAIN

4 OTHER ALIENS.—

5 ‘‘(I) IN GENERAL.—The Attorney

6 General may apply clauses (i) and (ii)

7 of this subparagraph to any or all

8 aliens described in subclause (II) as

9 designated by the Attorney General.

10 Such designation shall be in the sole

11 and unreviewable discretion of the At12 torney General and may be modified

13 at any time.

14 ‘‘(II) ALIENS DESCRIBED.—An

15 alien described in this clause is an

16 alien who is not described in subpara17 graph (F), who has not been admitted

18 or paroled into the United States, and

19 who has not affirmatively shown, to

20 the satisfaction of an immigration of21 ficer, that the alien has been phys22 ically present in the United States

23 continuously for the 2-year period im24 mediately prior to the date of the de-
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1 termination of inadmissibility under

2 this subparagraph.

3 ‘‘(B) ASYLUM INTERVIEWS.—

4 ‘‘(i) CONDUCT BY ASYLUM OFFI5 CERS.—An asylum officer shall conduct

6 interviews of aliens referred under sub7 paragraph (A)(ii), either at a port of entry

8 or at such other place designated by the

9 Attorney General.

10 ‘‘(ii) REFERRAL OF CERTAIN

11 ALIENS.—If the officer determines at the

12 time of the interview that an alien has a

13 credible fear of persecution (within the

14 meaning of clause (v)), the alien shall be

15 detained for further consideration of the

16 application for asylum.

17 ‘‘(iii) REMOVAL WITHOUT FURTHER

18 REVIEW IF NO CREDIBLE FEAR OF PERSE19 CUTION.—

20 ‘‘(I) IN GENERAL.—Subject to

21 subclause (III), if the officer deter22 mines that an alien does not have a

23 credible fear of persecution, the officer

24 shall order the alien removed from the
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1 United States without further hearing

2 or review.

3 ‘‘(II) RECORD OF DETERMINA4 TION.—The officer shall prepare a

5 written record of a determination

6 under subclause (I). Such record shall

7 include a summary of the material

8 facts as stated by the applicant, such

9 additional facts (if any) relied upon by

10 the officer, and the officer’s analysis

11 of why, in the light of such facts, the

12 alien has not established a credible

13 fear of persecution. A copy of the offi14 cer’s interview notes shall be attached

15 to the written summary.

16 ‘‘(III) REVIEW OF DETERMINA17 TION.—The Attorney General shall

18 provide by regulation and upon the

19 alien’s request for prompt review by

20 an immigration judge of a determina21 tion under subclause (I) that the alien

22 does not have a credible fear of perse23 cution. Such review shall include an

24 opportunity for the alien to be heard

25 and questioned by the immigration
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1 judge, either in person or by tele2 phonic or video connection. Review

3 shall be concluded as expeditiously as

4 possible, to the maximum extent prac5 ticable within 24 hours, but in no case

6 later than 7 days after the date of the

7 determination under subclause (I).

8 ‘‘(IV) MANDATORY DETEN9 TION.—Any alien subject to the proce10 dures under this clause shall be de11 tained pending a final determination

12 of credible fear of persecution and, if

13 found not to have such a fear, until

14 removed.

15 ‘‘(iv) INFORMATION ABOUT INTER16 VIEWS.—The Attorney General shall pro17 vide information concerning the asylum

18 interview described in this subparagraph to

19 aliens who may be eligible. An alien who is

20 eligible for such interview may consult with

21 a person or persons of the alien’s choosing

22 prior to the interview or any review there23 of, according to regulations prescribed by

24 the Attorney General. Such consultation

25 shall be at no expense to the Government
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1 and shall not unreasonably delay the proc2 ess.

3 ‘‘(v) CREDIBLE FEAR OF PERSECU4 TION DEFINED.—For purposes of this sub5 paragraph, the term ‘credible fear of perse6 cution’ means that there is a significant

7 possibility, taking into account the credibil8 ity of the statements made by the alien in

9 support of the alien’s claim and such other

10 facts as are known to the officer, that the

11 alien could establish eligibility for asylum

12 under section 208.

13 ‘‘(C) LIMITATION ON ADMINISTRATIVE RE14 VIEW.—Except as provided in subparagraph

15 (B)(iii)(III), a removal order entered in accord16 ance with subparagraph (A)(i) or (B)(iii)(I) is

17 not subject to administrative appeal, except

18 that the Attorney General shall provide by reg19 ulation for prompt review of such an order

20 under subparagraph (A)(i) against an alien who

21 claims under oath, or as permitted under pen22 alty of perjury under section 1746 of title 28,

23 United States Code, after having been warned

24 of the penalties for falsely making such claim

25 under such conditions, to have been lawfully ad-
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1 mitted for permanent residence, to have been

2 admitted as a refugee under section 207, or to

3 have been granted asylum under section 208.

4 ‘‘(D) LIMIT ON COLLATERAL ATTACKS.—

5 In any action brought against an alien under

6 section 275(a) or section 276, the court shall

7 not have jurisdiction to hear any claim attack8 ing the validity of an order of removal entered

9 under subparagraph (A)(i) or (B)(iii).

10 ‘‘(E) ASYLUM OFFICER DEFINED.—As

11 used in this paragraph, the term ‘asylum offi12 cer’ means an immigration officer who—

13 ‘‘(i) has had professional training in

14 country conditions, asylum law, and inter15 view techniques comparable to that pro16 vided to full-time adjudicators of applica17 tions under section 208, and

18 ‘‘(ii) is supervised by an officer who

19 meets the condition described in clause (i)

20 and has had substantial experience adju21 dicating asylum applications.

22 ‘‘(F) EXCEPTION.—Subparagraph (A)

23 shall not apply to an alien who is a native or

24 citizen of a country in the Western Hemisphere

25 with whose government the United States does
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1 not have full diplomatic relations and who ar2 rives by aircraft at a port of entry.

3 ‘‘(2) INSPECTION OF OTHER ALIENS.—

4 ‘‘(A) IN GENERAL.—Subject to subpara5 graphs (B) and (C), in the case of an alien who

6 is an applicant for admission, if the examining

7 immigration officer determines that an alien

8 seeking admission is not clearly and beyond a

9 doubt entitled to be admitted, the alien shall be

10 detained for a proceeding under section 240.

11 ‘‘(B) EXCEPTION.—Subparagraph (A)

12 shall not apply to an alien—

13 ‘‘(i) who is a crewman,

14 ‘‘(ii) to whom paragraph (1) applies,

15 or

16 ‘‘(iii) who is a stowaway.

17 ‘‘(C) TREATMENT OF ALIENS ARRIVING

18 FROM CONTIGUOUS TERRITORY.—In the case of

19 an alien described in subparagraph (A) who is

20 arriving on land (whether or not at a des21 ignated port of arrival) from a foreign territory

22 contiguous to the United States, the Attorney

23 General may return the alien to that territory

24 pending a proceeding under section 240.
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1 ‘‘(3) CHALLENGE OF DECISION.—The decision

2 of the examining immigration officer, if favorable to

3 the admission of any alien, shall be subject to chal4 lenge by any other immigration officer and such

5 challenge shall operate to take the alien whose privi6 lege to be admitted is so challenged, before an immi7 gration judge for a proceeding under section 240.

8 ‘‘(c) REMOVAL OF ALIENS INADMISSIBLE ON SECU9 RITY AND RELATED GROUNDS.—

10 ‘‘(1) REMOVAL WITHOUT FURTHER HEARING.—

11 If an immigration officer or an immigration judge

12 suspects that an arriving alien may be inadmissible

13 under subparagraph (A) (other than clause (ii)),

14 (B), or (C) of section 212(a)(3), the officer or judge

15 shall—

16 ‘‘(A) order the alien removed, subject to

17 review under paragraph (2);

18 ‘‘(B) report the order of removal to the At19 torney General; and

20 ‘‘(C) not conduct any further inquiry or

21 hearing until ordered by the Attorney General.

22 ‘‘(2) REVIEW OF ORDER.—(A) The Attorney

23 General shall review orders issued under paragraph

24 (1).

25 ‘‘(B) If the Attorney General—
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1 ‘‘(i) is satisfied on the basis of confidential

2 information that the alien is inadmissible under

3 subparagraph (A) (other than clause (ii)), (B),

4 or (C) of section 212(a)(3), and

5 ‘‘(ii) after consulting with appropriate se6 curity agencies of the United States Govern7 ment, concludes that disclosure of the informa8 tion would be prejudicial to the public interest,

9 safety, or security,

10 the Attorney General may order the alien removed

11 without further inquiry or hearing by an immigra12 tion judge.

13 ‘‘(C) If the Attorney General does not order the

14 removal of the alien under subparagraph (B), the

15 Attorney General shall specify the further inquiry or

16 hearing that shall be conducted in the case.

17 ‘‘(3) SUBMISSION OF STATEMENT AND INFOR18 MATION.—The alien or the alien’s representative

19 may submit a written statement and additional in20 formation for consideration by the Attorney General.

21 ‘‘(d) AUTHORITY RELATING TO INSPECTIONS.—

22 ‘‘(1) AUTHORITY TO SEARCH CONVEYANCES.—

23 Immigration officers are authorized to board and

24 search any vessel, aircraft, railway car, or other con-
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1 veyance or vehicle in which they believe aliens are

2 being brought into the United States.

3 ‘‘(2) AUTHORITY TO ORDER DETENTION AND

4 DELIVERY OF ARRIVING ALIENS.—Immigration offi5 cers are authorized to order an owner, agent, mas6 ter, commanding officer, person in charge, purser, or

7 consignee of a vessel or aircraft bringing an alien

8 (except an alien crewmember) to the United

9 States—

10 ‘‘(A) to detain the alien on the vessel or at

11 the airport of arrival, and

12 ‘‘(B) to deliver the alien to an immigration

13 officer for inspection or to a medical officer for

14 examination.

15 ‘‘(3) ADMINISTRATION OF OATH AND CONSID16 ERATION OF EVIDENCE.—The Attorney General and

17 any immigration officer shall have power to admin18 ister oaths and to take and consider evidence of or

19 from any person touching the privilege of any alien

20 or person he believes or suspects to be an alien to

21 enter, reenter, transit through, or reside in the Unit22 ed States or concerning any matter which is mate23 rial and relevant to the enforcement of this Act and

24 the administration of the Service.
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1 ‘‘(4) SUBPOENA AUTHORITY.—(A) The Attor2 ney General and any immigration officer shall have

3 power to require by subpoena the attendance and

4 testimony of witnesses before immigration officers

5 and the production of books, papers, and documents

6 relating to the privilege of any person to enter, reen7 ter, reside in, or pass through the United States or

8 concerning any matter which is material and rel9 evant to the enforcement of this Act and the admin10 istration of the Service, and to that end may invoke

11 the aid of any court of the United States.

12 ‘‘(B) Any United States district court within

13 the jurisdiction of which investigations or inquiries

14 are being conducted by an immigration officer may,

15 in the event of neglect or refusal to respond to a

16 subpoena issued under this paragraph or refusal to

17 testify before an immigration officer, issue an order

18 requiring such persons to appear before an immigra19 tion officer, produce books, papers, and documents

20 if demanded, and testify, and any failure to obey

21 such order of the court may be punished by the

22 court as a contempt thereof.’’.

23 (b) GAO STUDY ON OPERATION OF EXPEDITED RE24 MOVAL PROCEDURES.—
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1 (1) STUDY.—The Comptroller General shall

2 conduct a study on the implementation of the expe3 dited removal procedures under section 235(b)(1) of

4 the Immigration and Nationality Act, as amended by

5 subsection (a). The study shall examine—

6 (A) the effectiveness of such procedures in

7 deterring illegal entry,

8 (B) the detention and adjudication re9 sources saved as a result of the procedures,

10 (C) the administrative and other costs ex11 pended to comply with the provision,

12 (D) the effectiveness of such procedures in

13 processing asylum claims by undocumented

14 aliens who assert a fear of persecution, includ15 ing the accuracy of credible fear determina16 tions, and

17 (E) the cooperation of other countries and

18 air carriers in accepting and returning aliens

19 removed under such procedures.

20 (2) REPORT.—By not later than 18 months

21 after the date of the enactment of this Act, the

22 Comptroller General shall submit to the Committees

23 on the Judiciary of the House of Representatives

24 and the Senate a report on the study conducted

25 under paragraph (1).
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1 SEC. 303. APPREHENSION AND DETENTION OF ALIENS (RE2 VISED SECTION 236).

3 (a) IN GENERAL.—Section 236 (8 U.S.C. 1226) is

4 amended to read as follows:

5 ‘‘APPREHENSION AND DETENTION OF ALIENS

6 ‘‘SEC. 236. (a) ARREST, DETENTION, AND RE7 LEASE.—On a warrant issued by the Attorney General,

8 an alien may be arrested and detained pending a decision

9 on whether the alien is to be removed from the United

10 States. Except as provided in subsection (c) and pending

11 such decision, the Attorney General—

12 ‘‘(1) may continue to detain the arrested alien;

13 and

14 ‘‘(2) may release the alien on—

15 ‘‘(A) bond of at least $1,500 with security

16 approved by, and containing conditions pre17 scribed by, the Attorney General; or

18 ‘‘(B) conditional parole; but

19 ‘‘(3) may not provide the alien with work au20 thorization (including an ‘employment authorized’

21 endorsement or other appropriate work permit), un22 less the alien is lawfully admitted for permanent res23 idence or otherwise would (without regard to re24 moval proceedings) be provided such authorization.

25 ‘‘(b) REVOCATION OF BOND OR PAROLE.—The At26 torney General at any time may revoke a bond or parole
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1 authorized under subsection (a), rearrest the alien under

2 the original warrant, and detain the alien.

3 ‘‘(c) DETENTION OF CRIMINAL ALIENS.—

4 ‘‘(1) CUSTODY.—The Attorney General shall

5 take into custody any alien who—

6 ‘‘(A) is inadmissible by reason of having

7 committed any offense covered in section

8 212(a)(2),

9 ‘‘(B) is deportable by reason of having

10 committed any offense covered in section

11 237(a)(2)(A)(ii), (A)(iii), (B), (C), or (D),

12 ‘‘(C) is deportable under section

13 237(a)(2)(A)(i) on the basis of an offense for

14 which the alien has been sentence to a term of

15 imprisonment of at least 1 year, or

16 ‘‘(D) is inadmissible under section

17 212(a)(3)(B) or deportable under section

18 237(a)(4)(B),

19 when the alien is released, without regard to whether

20 the alien is released on parole, supervised release, or

21 probation, and without regard to whether the alien

22 may be arrested or imprisoned again for the same

23 offense.

24 ‘‘(2) RELEASE.—The Attorney General may re25 lease an alien described in paragraph (1) only if the
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1 Attorney General decides pursuant to section 3521

2 of title 18, United States Code, that release of the

3 alien from custody is necessary to provide protection

4 to a witness, a potential witness, a person cooperat5 ing with an investigation into major criminal activ6 ity, or an immediate family member or close associ7 ate of a witness, potential witness, or person cooper8 ating with such an investigation, and the alien satis9 fies the Attorney General that the alien will not pose

10 a danger to the safety of other persons or of prop11 erty and is likely to appear for any scheduled pro12 ceeding. A decision relating to such release shall

13 take place in accordance with a procedure that con14 siders the severity of the offense committed by the

15 alien.

16 ‘‘(d) IDENTIFICATION OF CRIMINAL ALIENS.—(1)

17 The Attorney General shall devise and implement a sys18 tem—

19 ‘‘(A) to make available, daily (on a 24-hour

20 basis), to Federal, State, and local authorities the

21 investigative resources of the Service to determine

22 whether individuals arrested by such authorities for

23 aggravated felonies are aliens;

24 ‘‘(B) to designate and train officers and em25 ployees of the Service to serve as a liaison to Fed-
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1 eral, State, and local law enforcement and correc2 tional agencies and courts with respect to the arrest,

3 conviction, and release of any alien charged with an

4 aggravated felony; and

5 ‘‘(C) which uses computer resources to main6 tain a current record of aliens who have been con7 victed of an aggravated felony, and indicates those

8 who have been removed.

9 ‘‘(2) The record under paragraph (1)(C) shall be

10 made available—

11 ‘‘(A) to inspectors at ports of entry and to bor12 der patrol agents at sector headquarters for pur13 poses of immediate identification of any alien who

14 was previously ordered removed and is seeking to re15 enter the United States, and

16 ‘‘(B) to officials of the Department of State for

17 use in its automated visa lookout system.

18 ‘‘(3) Upon the request of the governor or chief execu19 tive officer of any State, the Service shall provide assist20 ance to State courts in the identification of aliens unlaw21 fully present in the United States pending criminal pros22 ecution.

23 ‘‘(e) JUDICIAL REVIEW.—The Attorney General’s

24 discretionary judgment regarding the application of this

25 section shall not be subject to review. No court may set
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1 aside any action or decision by the Attorney General under

2 this section regarding the detention or release of any alien

3 or the grant, revocation, or denial of bond or parole.’’.

4 (b) EFFECTIVE DATE.—

5 (1) IN GENERAL.—The amendment made by

6 subsection (a) shall become effective on the title III–

7 A effective date.

8 (2) NOTIFICATION REGARDING CUSTODY.—If

9 the Attorney General, not later than 10 days after

10 the date of the enactment of this Act, notifies in

11 writing the Committees on the Judiciary of the

12 House of Representatives and the Senate that there

13 is insufficient detention space and Immigration and

14 Naturalization Service personnel available to carry

15 out section 236(c) of the Immigration and National16 ity Act, as amended by subsection (a), or the amend17 ments made by section 440(c) of Public Law 104–

18 132, the provisions in paragraph (3) shall be in ef19 fect for a 1-year period beginning on the date of

20 such notification, instead of such section or such

21 amendments. The Attorney General may extend

22 such 1-year period for an additional year if the At23 torney General provides the same notice not later

24 than 10 days before the end of the first 1-year pe25 riod. After the end of such 1-year or 2-year periods,
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1 the provisions of such section 236(c) shall apply to

2 individuals released after such periods.

3 (3) TRANSITION PERIOD CUSTODY RULES.—

4 (A) IN GENERAL.—During the period in

5 which this paragraph is in effect pursuant to

6 paragraph (2), the Attorney General shall take

7 into custody any alien who—

8 (i) has been convicted of an aggra9 vated felony (as defined under section

10 101(a)(43) of the Immigration and Nation11 ality Act, as amended by section 321 of

12 this division),

13 (ii) is inadmissible by reason of hav14 ing committed any offense covered in sec15 tion 212(a)(2) of such Act,

16 (iii) is deportable by reason of having

17 committed any offense covered in section

18 241(a)(2)(A)(ii), (A)(iii), (B), (C), or (D)

19 of such Act (before redesignation under

20 this subtitle), or

21 (iv) is inadmissible under section

22 212(a)(3)(B) of such Act or deportable

23 under section 241(a)(4)(B) of such Act

24 (before redesignation under this subtitle),
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1 when the alien is released, without regard to

2 whether the alien is released on parole, super3 vised release, or probation, and without regard

4 to whether the alien may be arrested or impris5 oned again for the same offense.

6 (B) RELEASE.—The Attorney General may

7 release the alien only if the alien is an alien de8 scribed in subparagraph (A)(ii) or (A)(iii)

9 and—

10 (i) the alien was lawfully admitted to

11 the United States and satisfies the Attor12 ney General that the alien will not pose a

13 danger to the safety of other persons or of

14 property and is likely to appear for any

15 scheduled proceeding, or

16 (ii) the alien was not lawfully admit17 ted to the United States, cannot be re18 moved because the designated country of

19 removal will not accept the alien, and satis20 fies the Attorney General that the alien

21 will not pose a danger to the safety of

22 other persons or of property and is likely

23 to appear for any scheduled proceeding.
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1 SEC. 304. REMOVAL PROCEEDINGS; CANCELLATION OF RE2 MOVAL AND ADJUSTMENT OF STATUS; VOL3 UNTARY DEPARTURE (REVISED AND NEW

4 SECTIONS 239 TO 240C).

5 (a) IN GENERAL.—Chapter 4 of title II is amended—

6 (1) by redesignating section 239 (8 U.S.C.

7 1229) as section 234 and by moving such section to

8 immediately follow section 233;

9 (2) by redesignating section 240 (8 U.S.C.

10 1230) as section 240C; and

11 (3) by inserting after section 238 the following

12 new sections:

13 ‘‘INITIATION OF REMOVAL PROCEEDINGS

14 ‘‘SEC. 239. (a) NOTICE TO APPEAR.—

15 ‘‘(1) IN GENERAL.—In removal proceedings

16 under section 240, written notice (in this section re17 ferred to as a ‘notice to appear’) shall be given in

18 person to the alien (or, if personal service is not

19 practicable, through service by mail to the alien or

20 to the alien’s counsel of record, if any) specifying the

21 following:

22 ‘‘(A) The nature of the proceedings against

23 the alien.

24 ‘‘(B) The legal authority under which the

25 proceedings are conducted.
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1 ‘‘(C) The acts or conduct alleged to be in

2 violation of law.

3 ‘‘(D) The charges against the alien and the

4 statutory provisions alleged to have been vio5 lated.

6 ‘‘(E) The alien may be represented by

7 counsel and the alien will be provided (i) a pe8 riod of time to secure counsel under subsection

9 (b)(1) and (ii) a current list of counsel prepared

10 under subsection (b)(2).

11 ‘‘(F)(i) The requirement that the alien

12 must immediately provide (or have provided)

13 the Attorney General with a written record of

14 an address and telephone number (if any) at

15 which the alien may be contacted respecting

16 proceedings under section 240.

17 ‘‘(ii) The requirement that the alien must

18 provide the Attorney General immediately with

19 a written record of any change of the alien’s ad20 dress or telephone number.

21 ‘‘(iii) The consequences under section

22 240(b)(5) of failure to provide address and tele23 phone information pursuant to this subpara24 graph.
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1 ‘‘(G)(i) The time and place at which the

2 proceedings will be held.

3 ‘‘(ii) The consequences under section

4 240(b)(5) of the failure, except under excep5 tional circumstances, to appear at such proceed6 ings.

7 ‘‘(2) NOTICE OF CHANGE IN TIME OR PLACE OF

8 PROCEEDINGS.—

9 ‘‘(A) IN GENERAL.—In removal proceed10 ings under section 240, in the case of any

11 change or postponement in the time and place

12 of such proceedings, subject to subparagraph

13 (B) a written notice shall be given in person to

14 the alien (or, if personal service is not prac15 ticable, through service by mail to the alien or

16 to the alien’s counsel of record, if any) specify17 ing—

18 ‘‘(i) the new time or place of the pro19 ceedings, and

20 ‘‘(ii) the consequences under section

21 240(b)(5) of failing, except under excep22 tional circumstances, to attend such pro23 ceedings.

24 ‘‘(B) EXCEPTION.—In the case of an alien

25 not in detention, a written notice shall not be
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1 required under this paragraph if the alien has

2 failed to provide the address required under

3 paragraph (1)(F).

4 ‘‘(3) CENTRAL ADDRESS FILES.—The Attorney

5 General shall create a system to record and preserve

6 on a timely basis notices of addresses and telephone

7 numbers (and changes) provided under paragraph

8 (1)(F).

9 ‘‘(b) SECURING OF COUNSEL.—

10 ‘‘(1) IN GENERAL.—In order that an alien be

11 permitted the opportunity to secure counsel before

12 the first hearing date in proceedings under section

13 240, the hearing date shall not be scheduled earlier

14 than 10 days after the service of the notice to ap15 pear, unless the alien requests in writing an earlier

16 hearing date.

17 ‘‘(2) CURRENT LISTS OF COUNSEL.—The Attor18 ney General shall provide for lists (updated not less

19 often than quarterly) of persons who have indicated

20 their availability to represent pro bono aliens in pro21 ceedings under section 240. Such lists shall be pro22 vided under subsection (a)(1)(E) and otherwise

23 made generally available.

24 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in

25 this subsection may be construed to prevent the At-
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1 torney General from proceeding against an alien

2 pursuant to section 240 if the time period described

3 in paragraph (1) has elapsed and the alien has failed

4 to secure counsel.

5 ‘‘(c) SERVICE BY MAIL.—Service by mail under this

6 section shall be sufficient if there is proof of attempted

7 delivery to the last address provided by the alien in accord8 ance with subsection (a)(1)(F).

9 ‘‘(d) PROMPT INITIATION OF REMOVAL.—(1) In the

10 case of an alien who is convicted of an offense which

11 makes the alien deportable, the Attorney General shall

12 begin any removal proceeding as expeditiously as possible

13 after the date of the conviction.

14 ‘‘(2) Nothing in this subsection shall be construed to

15 create any substantive or procedural right or benefit that

16 is legally enforceable by any party against the United

17 States or its agencies or officers or any other person.

18 ‘‘REMOVAL PROCEEDINGS

19 ‘‘SEC. 240. (a) PROCEEDING.—

20 ‘‘(1) IN GENERAL.—An immigration judge shall

21 conduct proceedings for deciding the inadmissibility

22 or deportability of an alien.

23 ‘‘(2) CHARGES.—An alien placed in proceedings

24 under this section may be charged with any applica25 ble ground of inadmissibility under section 212(a) or
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1 any applicable ground of deportability under section

2 237(a).

3 ‘‘(3) EXCLUSIVE PROCEDURES.—Unless other4 wise specified in this Act, a proceeding under this

5 section shall be the sole and exclusive procedure for

6 determining whether an alien may be admitted to

7 the United States or, if the alien has been so admit8 ted, removed from the United States. Nothing in

9 this section shall affect proceedings conducted pur10 suant to section 238.

11 ‘‘(b) CONDUCT OF PROCEEDING.—

12 ‘‘(1) AUTHORITY OF IMMIGRATION JUDGE.—

13 The immigration judge shall administer oaths, re14 ceive evidence, and interrogate, examine, and cross15 examine the alien and any witnesses. The immigra16 tion judge may issue subpoenas for the attendance

17 of witnesses and presentation of evidence. The immi18 gration judge shall have authority (under regulations

19 prescribed by the Attorney General) to sanction by

20 civil money penalty any action (or inaction) in con21 tempt of the judge’s proper exercise of authority

22 under this Act.

23 ‘‘(2) FORM OF PROCEEDING.—

24 ‘‘(A) IN GENERAL.—The proceeding may

25 take place—
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1 ‘‘(i) in person,

2 ‘‘(ii) where agreed to by the parties,

3 in the absence of the alien,

4 ‘‘(iii) through video conference, or

5 ‘‘(iv) subject to subparagraph (B),

6 through telephone conference.

7 ‘‘(B) CONSENT REQUIRED IN CERTAIN

8 CASES.—An evidentiary hearing on the merits

9 may only be conducted through a telephone con10 ference with the consent of the alien involved

11 after the alien has been advised of the right to

12 proceed in person or through video conference.

13 ‘‘(3) PRESENCE OF ALIEN.—If it is impractica14 ble by reason of an alien’s mental incompetency for

15 the alien to be present at the proceeding, the Attor16 ney General shall prescribe safeguards to protect the

17 rights and privileges of the alien.

18 ‘‘(4) ALIENS RIGHTS IN PROCEEDING.—In pro19 ceedings under this section, under regulations of the

20 Attorney General—

21 ‘‘(A) the alien shall have the privilege of

22 being represented, at no expense to the Govern23 ment, by counsel of the alien’s choosing who is

24 authorized to practice in such proceedings,
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1 ‘‘(B) the alien shall have a reasonable op2 portunity to examine the evidence against the

3 alien, to present evidence on the alien’s own be4 half, and to cross-examine witnesses presented

5 by the Government but these rights shall not

6 entitle the alien to examine such national secu7 rity information as the Government may proffer

8 in opposition to the alien’s admission to the

9 United States or to an application by the alien

10 for discretionary relief under this Act, and

11 ‘‘(C) a complete record shall be kept of all

12 testimony and evidence produced at the pro13 ceeding.

14 ‘‘(5) CONSEQUENCES OF FAILURE TO AP15 PEAR.—

16 ‘‘(A) IN GENERAL.—Any alien who, after

17 written notice required under paragraph (1) or

18 (2) of section 239(a) has been provided to the

19 alien or the alien’s counsel of record, does not

20 attend a proceeding under this section, shall be

21 ordered removed in absentia if the Service es22 tablishes by clear, unequivocal, and convincing

23 evidence that the written notice was so provided

24 and that the alien is removable (as defined in

25 subsection (e)(2)). The written notice by the
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1 Attorney General shall be considered sufficient

2 for purposes of this subparagraph if provided at

3 the most recent address provided under section

4 239(a)(1)(F).

5 ‘‘(B) NO NOTICE IF FAILURE TO PROVIDE

6 ADDRESS INFORMATION.—No written notice

7 shall be required under subparagraph (A) if the

8 alien has failed to provide the address required

9 under section 239(a)(1)(F).

10 ‘‘(C) RESCISSION OF ORDER.—Such an

11 order may be rescinded only—

12 ‘‘(i) upon a motion to reopen filed

13 within 180 days after the date of the order

14 of removal if the alien demonstrates that

15 the failure to appear was because of excep16 tional circumstances (as defined in sub17 section (e)(1)), or

18 ‘‘(ii) upon a motion to reopen filed at

19 any time if the alien demonstrates that the

20 alien did not receive notice in accordance

21 with paragraph (1) or (2) of section 239(a)

22 or the alien demonstrates that the alien

23 was in Federal or State custody and the

24 failure to appear was through no fault of

25 the alien.
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1 The filing of the motion to reopen described in

2 clause (i) or (ii) shall stay the removal of the

3 alien pending disposition of the motion by the

4 immigration judge.

5 ‘‘(D) EFFECT ON JUDICIAL REVIEW.—Any

6 petition for review under section 242 of an

7 order entered in absentia under this paragraph

8 shall (except in cases described in section

9 242(b)(5)) be confined to (i) the validity of the

10 notice provided to the alien, (ii) the reasons for

11 the alien’s not attending the proceeding, and

12 (iii) whether or not the alien is removable.

13 ‘‘(E) ADDITIONAL APPLICATION TO CER14 TAIN ALIENS IN CONTIGUOUS TERRITORY.—The

15 preceding provisions of this paragraph shall

16 apply to all aliens placed in proceedings under

17 this section, including any alien who remains in

18 a contiguous foreign territory pursuant to sec19 tion 235(b)(2)(C).

20 ‘‘(6) TREATMENT OF FRIVOLOUS BEHAVIOR.—

21 The Attorney General shall, by regulation—

22 ‘‘(A) define in a proceeding before an im23 migration judge or before an appellate adminis24 trative body under this title, frivolous behavior

25 for which attorneys may be sanctioned,
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1 ‘‘(B) specify the circumstances under

2 which an administrative appeal of a decision or

3 ruling will be considered frivolous and will be

4 summarily dismissed, and

5 ‘‘(C) impose appropriate sanctions (which

6 may include suspension and disbarment) in the

7 case of frivolous behavior.

8 Nothing in this paragraph shall be construed as limiting

9 the authority of the Attorney General to take actions with

10 respect to inappropriate behavior.

11 ‘‘(7) LIMITATION ON DISCRETIONARY RELIEF

12 FOR FAILURE TO APPEAR.—Any alien against whom

13 a final order of removal is entered in absentia under

14 this subsection and who, at the time of the notice

15 described in paragraph (1) or (2) of section 239(a),

16 was provided oral notice, either in the alien’s native

17 language or in another language the alien under18 stands, of the time and place of the proceedings and

19 of the consequences under this paragraph of failing,

20 other than because of exceptional circumstances (as

21 defined in subsection (e)(1)) to attend a proceeding

22 under this section, shall not be eligible for relief

23 under section 240A, 240B, 245, 248, or 249 for a

24 period of 10 years after the date of the entry of the

25 final order of removal.
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1 ‘‘(c) DECISION AND BURDEN OF PROOF.—

2 ‘‘(1) DECISION.—

3 ‘‘(A) IN GENERAL.—At the conclusion of

4 the proceeding the immigration judge shall de5 cide whether an alien is removable from the

6 United States. The determination of the immi7 gration judge shall be based only on the evi8 dence produced at the hearing.

9 ‘‘(B) CERTAIN MEDICAL DECISIONS.—If a

10 medical officer or civil surgeon or board of med11 ical officers has certified under section 232(b)

12 that an alien has a disease, illness, or addiction

13 which would make the alien inadmissible under

14 paragraph (1) of section 212(a), the decision of

15 the immigration judge shall be based solely

16 upon such certification.

17 ‘‘(2) BURDEN ON ALIEN.—In the proceeding

18 the alien has the burden of establishing—

19 ‘‘(A) if the alien is an applicant for admis20 sion, that the alien is clearly and beyond doubt

21 entitled to be admitted and is not inadmissible

22 under section 212; or

23 ‘‘(B) by clear and convincing evidence, that

24 the alien is lawfully present in the United

25 States pursuant to a prior admission.
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1 In meeting the burden of proof under subparagraph

2 (B), the alien shall have access to the alien’s visa or

3 other entry document, if any, and any other records

4 and documents, not considered by the Attorney Gen5 eral to be confidential, pertaining to the alien’s ad6 mission or presence in the United States.

7 ‘‘(3) BURDEN ON SERVICE IN CASES OF DE8 PORTABLE ALIENS.—

9 ‘‘(A) IN GENERAL.—In the proceeding the

10 Service has the burden of establishing by clear

11 and convincing evidence that, in the case of an

12 alien who has been admitted to the United

13 States, the alien is deportable. No decision on

14 deportability shall be valid unless it is based

15 upon reasonable, substantial, and probative evi16 dence.

17 ‘‘(B) PROOF OF CONVICTIONS.—In any

18 proceeding under this Act, any of the following

19 documents or records (or a certified copy of

20 such an official document or record) shall con21 stitute proof of a criminal conviction:

22 ‘‘(i) An official record of judgment

23 and conviction.

24 ‘‘(ii) An official record of plea, verdict,

25 and sentence.
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1 ‘‘(iii) A docket entry from court

2 records that indicates the existence of the

3 conviction.

4 ‘‘(iv) Official minutes of a court pro5 ceeding or a transcript of a court hearing

6 in which the court takes notice of the exist7 ence of the conviction.

8 ‘‘(v) An abstract of a record of convic9 tion prepared by the court in which the

10 conviction was entered, or by a State offi11 cial associated with the State’s repository

12 of criminal justice records, that indicates

13 the charge or section of law violated, the

14 disposition of the case, the existence and

15 date of conviction, and the sentence.

16 ‘‘(vi) Any document or record pre17 pared by, or under the direction of, the

18 court in which the conviction was entered

19 that indicates the existence of a conviction.

20 ‘‘(vii) Any document or record attest21 ing to the conviction that is maintained by

22 an official of a State or Federal penal in23 stitution, which is the basis for that insti24 tution’s authority to assume custody of the

25 individual named in the record.
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1 ‘‘(C) ELECTRONIC RECORDS.—In any pro2 ceeding under this Act, any record of conviction

3 or abstract that has been submitted by elec4 tronic means to the Service from a State or

5 court shall be admissible as evidence to prove a

6 criminal conviction if it is—

7 ‘‘(i) certified by a State official associ8 ated with the State’s repository of criminal

9 justice records as an official record from

10 its repository or by a court official from

11 the court in which the conviction was en12 tered as an official record from its reposi13 tory, and

14 ‘‘(ii) certified in writing by a Service

15 official as having been received electroni16 cally from the State’s record repository or

17 the court’s record repository.

18 A certification under clause (i) may be by

19 means of a computer-generated signature and

20 statement of authenticity.

21 ‘‘(4) NOTICE.—If the immigration judge de22 cides that the alien is removable and orders the alien

23 to be removed, the judge shall inform the alien of

24 the right to appeal that decision and of the con-
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1 sequences for failure to depart under the order of re2 moval, including civil and criminal penalties.

3 ‘‘(5) MOTIONS TO RECONSIDER.—

4 ‘‘(A) IN GENERAL.—The alien may file one

5 motion to reconsider a decision that the alien is

6 removable from the United States.

7 ‘‘(B) DEADLINE.—The motion must be

8 filed within 30 days of the date of entry of a

9 final administrative order of removal.

10 ‘‘(C) CONTENTS.—The motion shall speci11 fy the errors of law or fact in the previous order

12 and shall be supported by pertinent authority.

13 ‘‘(6) MOTIONS TO REOPEN.—

14 ‘‘(A) IN GENERAL.—An alien may file one

15 motion to reopen proceedings under this sec16 tion.

17 ‘‘(B) CONTENTS.—The motion to reopen

18 shall state the new facts that will be proven at

19 a hearing to be held if the motion is granted,

20 and shall be supported by affidavits or other

21 evidentiary material.

22 ‘‘(C) DEADLINE.—

23 ‘‘(i) IN GENERAL.—Except as pro24 vided in this subparagraph, the motion to

25 reopen shall be filed within 90 days of the
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1 date of entry of a final administrative

2 order of removal.

3 ‘‘(ii) ASYLUM.—There is no time limit

4 on the filing of a motion to reopen if the

5 basis of the motion is to apply for relief

6 under sections 208 or 241(b)(3) and is

7 based on changed country conditions aris8 ing in the country of nationality or the

9 country to which removal has been or10 dered, if such evidence is material and was

11 not available and would not have been dis12 covered or presented at the previous pro13 ceeding.

14 ‘‘(iii) FAILURE TO APPEAR.—The fil15 ing of a motion to reopen an order entered

16 pursuant to subsection (b)(5) is subject to

17 the deadline specified in subparagraph (C)

18 of such subsection.

19 ‘‘(d) STIPULATED REMOVAL.—The Attorney General

20 shall provide by regulation for the entry by an immigration

21 judge of an order of removal stipulated to by the alien

22 (or the alien’s representative) and the Service. A stipu23 lated order shall constitute a conclusive determination of

24 the alien’s removability from the United States.
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1 ‘‘(e) DEFINITIONS.—In this section and section

2 240A:

3 ‘‘(1) EXCEPTIONAL CIRCUMSTANCES.—The

4 term ‘exceptional circumstances’ refers to excep5 tional circumstances (such as serious illness of the

6 alien or serious illness or death of the spouse, child,

7 or parent of the alien, but not including less compel8 ling circumstances) beyond the control of the alien.

9 ‘‘(2) REMOVABLE.—The term ‘removable’

10 means—

11 ‘‘(A) in the case of an alien not admitted

12 to the United States, that the alien is inadmis13 sible under section 212, or

14 ‘‘(B) in the case of an alien admitted to

15 the United States, that the alien is deportable

16 under section 237.

17 ‘‘CANCELLATION OF REMOVAL; ADJUSTMENT OF STATUS

18 ‘‘SEC. 240A. (a) CANCELLATION OF REMOVAL FOR

19 CERTAIN PERMANENT RESIDENTS.—The Attorney Gen20 eral may cancel removal in the case of an alien who is

21 inadmissible or deportable from the United States if the

22 alien—

23 ‘‘(1) has been an alien lawfully admitted for

24 permanent residence for not less than 5 years,
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1 ‘‘(2) has resided in the United States continu2 ously for 7 years after having been admitted in any

3 status, and

4 ‘‘(3) has not been convicted of any aggravated

5 felony.

6 ‘‘(b) CANCELLATION OF REMOVAL AND ADJUSTMENT

7 OF STATUS FOR CERTAIN NONPERMANENT RESI8 DENTS.—

9 ‘‘(1) IN GENERAL.—The Attorney General may

10 cancel removal in the case of an alien who is inad11 missible or deportable from the United States if the

12 alien—

13 ‘‘(A) has been physically present in the

14 United States for a continuous period of not

15 less than 10 years immediately preceding the

16 date of such application;

17 ‘‘(B) has been a person of good moral

18 character during such period;

19 ‘‘(C) has not been convicted of an offense

20 under section 212(a)(2), 237(a)(2), or

21 237(a)(3); and

22 ‘‘(D) establishes that removal would result

23 in exceptional and extremely unusual hardship

24 to the alien’s spouse, parent, or child, who is a
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1 citizen of the United States or an alien lawfully

2 admitted for permanent residence.

3 ‘‘(2) SPECIAL RULE FOR BATTERED SPOUSE OR

4 CHILD.—The Attorney General may cancel removal

5 in the case of an alien who is inadmissible or deport6 able from the United States if the alien dem7 onstrates that—

8 ‘‘(A) the alien has been battered or sub9 jected to extreme cruelty in the United States

10 by a spouse or parent who is a United States

11 citizen or lawful permanent resident (or is the

12 parent of a child of a United States citizen or

13 lawful permanent resident and the child has

14 been battered or subjected to extreme cruelty in

15 the United States by such citizen or permanent

16 resident parent);

17 ‘‘(B) the alien has been physically present

18 in the United States for a continuous period of

19 not less than 3 years immediately preceding the

20 date of such application;

21 ‘‘(C) the alien has been a person of good

22 moral character during such period;

23 ‘‘(D) the alien is not inadmissible under

24 paragraph (2) or (3) of section 212(a), is not

25 deportable under paragraph (1)(G) or (2)
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1 through (4) of section 237(a), and has not been

2 convicted of an aggravated felony; and

3 ‘‘(E) the removal would result in extreme

4 hardship to the alien, the alien’s child, or (in

5 the case of an alien who is a child) to the

6 alien’s parent.

7 In acting on applications under this paragraph, the

8 Attorney General shall consider any credible evi9 dence relevant to the application. The determination

10 of what evidence is credible and the weight to be

11 given that evidence shall be within the sole discretion

12 of the Attorney General.

13 ‘‘(3) ADJUSTMENT OF STATUS.—The Attorney

14 General may adjust to the status of an alien lawfully

15 admitted for permanent residence any alien who the

16 Attorney General determines meets the requirements

17 of paragraph (1) or (2). The number of adjustments

18 under this paragraph shall not exceed 4,000 for any

19 fiscal year. The Attorney General shall record the

20 alien’s lawful admission for permanent residence as

21 of the date the Attorney General’s cancellation of re22 moval under paragraph (1) or (2) or determination

23 under this paragraph.
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1 ‘‘(c) ALIENS INELIGIBLE FOR RELIEF.—The provi2 sions of subsections (a) and (b)(1) shall not apply to any

3 of the following aliens:

4 ‘‘(1) An alien who entered the United States as

5 a crewman subsequent to June 30, 1964.

6 ‘‘(2) An alien who was admitted to the United

7 States as a nonimmigrant exchange alien as defined

8 in section 101(a)(15)(J), or has acquired the status

9 of such a nonimmigrant exchange alien after admis10 sion, in order to receive graduate medical education

11 or training, regardless of whether or not the alien is

12 subject to or has fulfilled the two-year foreign resi13 dence requirement of section 212(e).

14 ‘‘(3) An alien who—

15 ‘‘(A) was admitted to the United States as

16 a nonimmigrant exchange alien as defined in

17 section 101(a)(15)(J) or has acquired the sta18 tus of such a nonimmigrant exchange alien

19 after admission other than to receive graduate

20 medical education or training,

21 ‘‘(B) is subject to the two-year foreign res22 idence requirement of section 212(e), and

23 ‘‘(C) has not fulfilled that requirement or

24 received a waiver thereof.
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1 ‘‘(4) An alien who is inadmissible under section

2 212(a)(3) or deportable under section 237(a)(4).

3 ‘‘(5) An alien who is described in section

4 241(b)(3)(B)(i).

5 ‘‘(6) An alien whose removal has previously

6 been cancelled under this section or whose deporta7 tion was suspended under section 244(a) or who has

8 been granted relief under section 212(c), as such

9 sections were in effect before the date of the enact10 ment of the Illegal Immigration Reform and Immi11 grant Responsibility Act of 1996.

12 ‘‘(d) SPECIAL RULES RELATING TO CONTINUOUS

13 RESIDENCE OR PHYSICAL PRESENCE.—

14 ‘‘(1) TERMINATION OF CONTINUOUS PERIOD.—

15 For purposes of this section, any period of continu16 ous residence or continuous physical presence in the

17 United States shall be deemed to end when the alien

18 is served a notice to appear under section 239(a) or

19 when the alien has committed an offense referred to

20 in section 212(a)(2) that renders the alien inadmis21 sible to the United States under section 212(a)(2) or

22 removable from the United States under section

23 237(a)(2) or 237(a)(4), whichever is earliest.

24 ‘‘(2) TREATMENT OF CERTAIN BREAKS IN

25 PRESENCE.—An alien shall be considered to have
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1 failed to maintain continuous physical presence in

2 the United States under subsections (b)(1) and

3 (b)(2) if the alien has departed from the United

4 States for any period in excess of 90 days or for any

5 periods in the aggregate exceeding 180 days.

6 ‘‘(3) CONTINUITY NOT REQUIRED BECAUSE OF

7 HONORABLE SERVICE IN ARMED FORCES AND PRES8 ENCE UPON ENTRY INTO SERVICE.—The require9 ments of continuous residence or continuous physical

10 presence in the United States under subsections (a)

11 and (b) shall not apply to an alien who—

12 ‘‘(A) has served for a minimum period of

13 24 months in an active-duty status in the

14 Armed Forces of the United States and, if sep15 arated from such service, was separated under

16 honorable conditions, and

17 ‘‘(B) at the time of the alien’s enlistment

18 or induction was in the United States.

19 ‘‘(e) ANNUAL LIMITATION.—The Attorney General

20 may not cancel the removal and adjust the status under

21 this section, nor suspend the deportation and adjust the

22 status under section 244(a) (as in effect before the enact23 ment of the Illegal Immigration Reform and Immigrant

24 Responsibility Act of 1996), of a total of more than 4,000

25 aliens in any fiscal year. The previous sentence shall apply
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1 regardless of when an alien applied for such cancellation

2 and adjustment and whether such an alien had previously

3 applied for suspension of deportation under such section

4 244(a).

5 ‘‘VOLUNTARY DEPARTURE

6 ‘‘SEC. 240B. (a) CERTAIN CONDITIONS.—

7 ‘‘(1) IN GENERAL.—The Attorney General may

8 permit an alien voluntarily to depart the United

9 States at the alien’s own expense under this sub10 section, in lieu of being subject to proceedings under

11 section 240 or prior to the completion of such pro12 ceedings, if the alien is not deportable under section

13 237(a)(2)(A)(iii) or section 237(a)(4)(B).

14 ‘‘(2) PERIOD.—Permission to depart voluntarily

15 under this subsection shall not be valid for a period

16 exceeding 120 days.

17 ‘‘(3) BOND.—The Attorney General may re18 quire an alien permitted to depart voluntarily under

19 this subsection to post a voluntary departure bond,

20 to be surrendered upon proof that the alien has de21 parted the United States within the time specified.

22 ‘‘(4) TREATMENT OF ALIENS ARRIVING IN THE

23 UNITED STATES.—In the case of an alien who is ar24 riving in the United States and with respect to

25 whom proceedings under section 240 are (or would

26 otherwise be) initiated at the time of such alien’s ar-
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1 rival, paragraph (1) shall not apply. Nothing in this

2 paragraph shall be construed as preventing such an

3 alien from withdrawing the application for admission

4 in accordance with section 235(a)(4).

5 ‘‘(b) AT CONCLUSION OF PROCEEDINGS.—

6 ‘‘(1) IN GENERAL.—The Attorney General may

7 permit an alien voluntarily to depart the United

8 States at the alien’s own expense if, at the conclu9 sion of a proceeding under section 240, the immigra10 tion judge enters an order granting voluntary depar11 ture in lieu of removal and finds that—

12 ‘‘(A) the alien has been physically present

13 in the United States for a period of at least one

14 year immediately preceding the date the notice

15 to appear was served under section 239(a);

16 ‘‘(B) the alien is, and has been, a person

17 of good moral character for at least 5 years im18 mediately preceding the alien’s application for

19 voluntary departure;

20 ‘‘(C) the alien is not deportable under sec21 tion 237(a)(2)(A)(iii) or section 237(a)(4); and

22 ‘‘(D) the alien has established by clear and

23 convincing evidence that the alien has the

24 means to depart the United States and intends

25 to do so.
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1 ‘‘(2) PERIOD.—Permission to depart voluntarily

2 under this subsection shall not be valid for a period

3 exceeding 60 days.

4 ‘‘(3) BOND.—An alien permitted to depart vol5 untarily under this subsection shall be required to

6 post a voluntary departure bond, in an amount nec7 essary to ensure that the alien will depart, to be sur8 rendered upon proof that the alien has departed the

9 United States within the time specified.

10 ‘‘(c) ALIENS NOT ELIGIBLE.—The Attorney General

11 shall not permit an alien to depart voluntarily under this

12 section if the alien was previously permitted to so depart

13 after having been found inadmissible under section

14 212(a)(6)(A).

15 ‘‘(d) CIVIL PENALTY FOR FAILURE TO DEPART.—

16 If an alien is permitted to depart voluntarily under this

17 section and fails voluntarily to depart the United States

18 within the time period specified, the alien shall be subject

19 to a civil penalty of not less than $1,000 and not more

20 than $5,000, and be ineligible for a period of 10 years

21 for any further relief under this section and sections 240A,

22 245, 248, and 249. The order permitting the alien to de23 part voluntarily shall inform the alien of the penalties

24 under this subsection.
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1 ‘‘(e) ADDITIONAL CONDITIONS.—The Attorney Gen2 eral may by regulation limit eligibility for voluntary depar3 ture under this section for any class or classes of aliens.

4 No court may review any regulation issued under this sub5 section.

6 ‘‘(f) JUDICIAL REVIEW.—No court shall have juris7 diction over an appeal from denial of a request for an

8 order of voluntary departure under subsection (b), nor

9 shall any court order a stay of an alien’s removal pending

10 consideration of any claim with respect to voluntary depar11 ture.’’.

12 (b) REPEAL OF SECTION 212(c).—Section 212(c) (8

13 U.S.C. 1182(c)) is repealed.

14 (c) STREAMLINING REMOVAL OF CRIMINAL

15 ALIENS.—

16 (1) IN GENERAL.—Section 242A(b)(4) (8

17 U.S.C. 1252a(b)(4)), as amended by section 442(a)

18 of Public Law 104–132 and before redesignation by

19 section 308(b)(5) of this division, is amended—

20 (A) by striking subparagraph (D);

21 (B) by amending subparagraph (E) to read

22 as follows:

23 ‘‘(D) a determination is made for the

24 record that the individual upon whom the notice

25 for the proceeding under this section is served
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1 (either in person or by mail) is, in fact, the

2 alien named in such notice;’’; and

3 (C) by redesignating subparagraphs (F)

4 and (G) as subparagraph (E) and (F), respec5 tively.

6 (2) EFFECTIVE DATE.—The amendments made

7 by paragraph (1) shall be effective as if included in

8 the enactment of section 442(a) of Public Law 104–

9 132.

10 SEC. 305. DETENTION AND REMOVAL OF ALIENS ORDERED

11 REMOVED (NEW SECTION 241).

12 (a) IN GENERAL.—Title II is further amended—

13 (1) by striking section 237 (8 U.S.C. 1227),

14 (2) by redesignating section 241 (8 U.S.C.

15 1251) as section 237 and by moving such section to

16 immediately follow section 236, and

17 (3) by inserting after section 240C (as redesig18 nated by section 304(a)(2)) of this division the fol19 lowing new section:

20 ‘‘DETENTION AND REMOVAL OF ALIENS ORDERED

21 REMOVED

22 ‘‘SEC. 241. (a) DETENTION, RELEASE, AND RE23 MOVAL OF ALIENS ORDERED REMOVED.—

24 ‘‘(1) REMOVAL PERIOD.—

25 ‘‘(A) IN GENERAL.—Except as otherwise

26 provided in this section, when an alien is or-
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1 dered removed, the Attorney General shall re2 move the alien from the United States within a

3 period of 90 days (in this section referred to as

4 the ‘removal period’).

5 ‘‘(B) BEGINNING OF PERIOD.—The re6 moval period begins on the latest of the follow7 ing:

8 ‘‘(i) The date the order of removal be9 comes administratively final.

10 ‘‘(ii) If the removal order is judicially

11 reviewed and if a court orders a stay of the

12 removal of the alien, the date of the court’s

13 final order.

14 ‘‘(iii) If the alien is detained or con15 fined (except under an immigration proc16 ess), the date the alien is released from de17 tention or confinement.

18 ‘‘(C) SUSPENSION OF PERIOD.—The re19 moval period shall be extended beyond a period

20 of 90 days and the alien may remain in deten21 tion during such extended period if the alien

22 fails or refuses to make timely application in

23 good faith for travel or other documents nec24 essary to the alien’s departure or conspires or
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1 acts to prevent the alien’s removal subject to an

2 order of removal.

3 ‘‘(2) DETENTION.—During the removal period,

4 the Attorney General shall detain the alien. Under

5 no circumstance during the removal period shall the

6 Attorney General release an alien who has been

7 found inadmissible under section 212(a)(2) or

8 212(a)(3)(B) or deportable under section 237(a)(2)

9 or 237(a)(4)(B).

10 ‘‘(3) SUPERVISION AFTER 90-DAY PERIOD.—If

11 the alien does not leave or is not removed within the

12 removal period, the alien, pending removal, shall be

13 subject to supervision under regulations prescribed

14 by the Attorney General. The regulations shall in15 clude provisions requiring the alien—

16 ‘‘(A) to appear before an immigration offi17 cer periodically for identification;

18 ‘‘(B) to submit, if necessary, to a medical

19 and psychiatric examination at the expense of

20 the United States Government;

21 ‘‘(C) to give information under oath about

22 the alien’s nationality, circumstances, habits,

23 associations, and activities, and other informa24 tion the Attorney General considers appro25 priate; and
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1 ‘‘(D) to obey reasonable written restric2 tions on the alien’s conduct or activities that

3 the Attorney General prescribes for the alien.

4 ‘‘(4) ALIENS IMPRISONED, ARRESTED, OR ON

5 PAROLE, SUPERVISED RELEASE, OR PROBATION.—

6 ‘‘(A) IN GENERAL.—Except as provided in

7 section 343(a) of the Public Health Service Act

8 (42 U.S.C. 259(a)) and paragraph (2), the At9 torney General may not remove an alien who is

10 sentenced to imprisonment until the alien is re11 leased from imprisonment. Parole, supervised

12 release, probation, or possibility of arrest or

13 further imprisonment is not a reason to defer

14 removal.

15 ‘‘(B) EXCEPTION FOR REMOVAL OF NON16 VIOLENT OFFENDERS PRIOR TO COMPLETION

17 OF SENTENCE OF IMPRISONMENT.—The Attor18 ney General is authorized to remove an alien in

19 accordance with applicable procedures under

20 this Act before the alien has completed a sen21 tence of imprisonment—

22 ‘‘(i) in the case of an alien in the cus23 tody of the Attorney General, if the Attor24 ney General determines that (I) the alien

25 is confined pursuant to a final conviction
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1 for a nonviolent offense (other than an of2 fense related to smuggling or harboring of

3 aliens or an offense described in section

4 101(a)(43)(B), (C), (E), (I), or (L) and

5 (II) the removal of the alien is appropriate

6 and in the best interest of the United

7 States; or

8 ‘‘(ii) in the case of an alien in the cus9 tody of a State (or a political subdivision

10 of a State), if the chief State official exer11 cising authority with respect to the incar12 ceration of the alien determines that (I)

13 the alien is confined pursuant to a final

14 conviction for a nonviolent offense (other

15 than an offense described in section

16 101(a)(43)(C) or (E)), (II) the removal is

17 appropriate and in the best interest of the

18 State, and (III) submits a written request

19 to the Attorney General that such alien be

20 so removed.

21 ‘‘(C) NOTICE.—Any alien removed pursu22 ant to this paragraph shall be notified of the

23 penalties under the laws of the United States

24 relating to the reentry of deported aliens, par-
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1 ticularly the expanded penalties for aliens re2 moved under subparagraph (B).

3 ‘‘(D) NO PRIVATE RIGHT.—No cause or

4 claim may be asserted under this paragraph

5 against any official of the United States or of

6 any State to compel the release, removal, or

7 consideration for release or removal of any

8 alien.

9 ‘‘(5) REINSTATEMENT OF REMOVAL ORDERS

10 AGAINST ALIENS ILLEGALLY REENTERING.—If the

11 Attorney General finds that an alien has reentered

12 the United States illegally after having been removed

13 or having departed voluntarily, under an order of re14 moval, the prior order of removal is reinstated from

15 its original date and is not subject to being reopened

16 or reviewed, the alien is not eligible and may not

17 apply for any relief under this Act, and the alien

18 shall be removed under the prior order at any time

19 after the reentry.

20 ‘‘(6) INADMISSIBLE OR CRIMINAL ALIENS.—An

21 alien ordered removed who is inadmissible under sec22 tion 212, removable under section 237(a)(1)(C),

23 237(a)(2), or 237(a)(4) or who has been determined

24 by the Attorney General to be a risk to the commu25 nity or unlikely to comply with the order of removal,
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1 may be detained beyond the removal period and, if

2 released, shall be subject to the terms of supervision

3 in paragraph (3).

4 ‘‘(7) EMPLOYMENT AUTHORIZATION.—No alien

5 ordered removed shall be eligible to receive author6 ization to be employed in the United States unless

7 the Attorney General makes a specific finding that—

8 ‘‘(A) the alien cannot be removed due to

9 the refusal of all countries designated by the

10 alien or under this section to receive the alien,

11 or

12 ‘‘(B) the removal of the alien is otherwise

13 impracticable or contrary to the public interest.

14 ‘‘(b) COUNTRIES TO WHICH ALIENS MAY BE RE15 MOVED.—

16 ‘‘(1) ALIENS ARRIVING AT THE UNITED

17 STATES.—Subject to paragraph (3)—

18 ‘‘(A) IN GENERAL.—Except as provided by

19 subparagraphs (B) and (C), an alien who ar20 rives at the United States and with respect to

21 whom proceedings under section 240 were initi22 ated at the time of such alien’s arrival shall be

23 removed to the country in which the alien

24 boarded the vessel or aircraft on which the alien

25 arrived in the United States.
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1 ‘‘(B) TRAVEL FROM CONTIGUOUS TERRI2 TORY.—If the alien boarded the vessel or air3 craft on which the alien arrived in the United

4 States in a foreign territory contiguous to the

5 United States, an island adjacent to the United

6 States, or an island adjacent to a foreign terri7 tory contiguous to the United States, and the

8 alien is not a native, citizen, subject, or national

9 of, or does not reside in, the territory or island,

10 removal shall be to the country in which the

11 alien boarded the vessel that transported the

12 alien to the territory or island.

13 ‘‘(C) ALTERNATIVE COUNTRIES.—If the

14 government of the country designated in sub15 paragraph (A) or (B) is unwilling to accept the

16 alien into that country’s territory, removal shall

17 be to any of the following countries, as directed

18 by the Attorney General:

19 ‘‘(i) The country of which the alien is

20 a citizen, subject, or national.

21 ‘‘(ii) The country in which the alien

22 was born.

23 ‘‘(iii) The country in which the alien

24 has a residence.
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1 ‘‘(iv) A country with a government

2 that will accept the alien into the country’s

3 territory if removal to each country de4 scribed in a previous clause of this sub5 paragraph is impracticable, inadvisable, or

6 impossible.

7 ‘‘(2) OTHER ALIENS.—Subject to paragraph

8 (3)—

9 ‘‘(A) SELECTION OF COUNTRY BY

10 ALIEN.—Except as otherwise provided in this

11 paragraph—

12 ‘‘(i) any alien not described in para13 graph (1) who has been ordered removed

14 may designate one country to which the

15 alien wants to be removed, and

16 ‘‘(ii) the Attorney General shall re17 move the alien to the country the alien so

18 designates.

19 ‘‘(B) LIMITATION ON DESIGNATION.—An

20 alien may designate under subparagraph (A)(i)

21 a foreign territory contiguous to the United

22 States, an adjacent island, or an island adja23 cent to a foreign territory contiguous to the

24 United States as the place to which the alien is

25 to be removed only if the alien is a native, citi-
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1 zen, subject, or national of, or has resided in,

2 that designated territory or island.

3 ‘‘(C) DISREGARDING DESIGNATION.—The

4 Attorney General may disregard a designation

5 under subparagraph (A)(i) if—

6 ‘‘(i) the alien fails to designate a

7 country promptly;

8 ‘‘(ii) the government of the country

9 does not inform the Attorney General fi10 nally, within 30 days after the date the At11 torney General first inquires, whether the

12 government will accept the alien into the

13 country;

14 ‘‘(iii) the government of the country is

15 not willing to accept the alien into the

16 country; or

17 ‘‘(iv) the Attorney General decides

18 that removing the alien to the country is

19 prejudicial to the United States.

20 ‘‘(D) ALTERNATIVE COUNTRY.—If an alien

21 is not removed to a country designated under

22 subparagraph (A)(i), the Attorney General shall

23 remove the alien to a country of which the alien

24 is a subject, national, or citizen unless the gov25 ernment of the country—
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1 ‘‘(i) does not inform the Attorney

2 General or the alien finally, within 30 days

3 after the date the Attorney General first

4 inquires or within another period of time

5 the Attorney General decides is reasonable,

6 whether the government will accept the

7 alien into the country; or

8 ‘‘(ii) is not willing to accept the alien

9 into the country.

10 ‘‘(E) ADDITIONAL REMOVAL COUNTRIES.—

11 If an alien is not removed to a country under

12 the previous subparagraphs of this paragraph,

13 the Attorney General shall remove the alien to

14 any of the following countries:

15 ‘‘(i) The country from which the alien

16 was admitted to the United States.

17 ‘‘(ii) The country in which is located

18 the foreign port from which the alien left

19 for the United States or for a foreign terri20 tory contiguous to the United States.

21 ‘‘(iii) A country in which the alien re22 sided before the alien entered the country

23 from which the alien entered the United

24 States.
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1 ‘‘(iv) The country in which the alien

2 was born.

3 ‘‘(v) The country that had sovereignty

4 over the alien’s birthplace when the alien

5 was born.

6 ‘‘(vi) The country in which the alien’s

7 birthplace is located when the alien is or8 dered removed.

9 ‘‘(vii) If impracticable, inadvisable, or

10 impossible to remove the alien to each

11 country described in a previous clause of

12 this subparagraph, another country whose

13 government will accept the alien into that

14 country.

15 ‘‘(F) REMOVAL COUNTRY WHEN UNITED

16 STATES IS AT WAR.—When the United States is

17 at war and the Attorney General decides that it

18 is impracticable, inadvisable, inconvenient, or

19 impossible to remove an alien under this sub20 section because of the war, the Attorney Gen21 eral may remove the alien—

22 ‘‘(i) to the country that is host to a

23 government in exile of the country of which

24 the alien is a citizen or subject if the gov-
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1 ernment of the host country will permit the

2 alien’s entry; or

3 ‘‘(ii) if the recognized government of

4 the country of which the alien is a citizen

5 or subject is not in exile, to a country, or

6 a political or territorial subdivision of a

7 country, that is very near the country of

8 which the alien is a citizen or subject, or,

9 with the consent of the government of the

10 country of which the alien is a citizen or

11 subject, to another country.

12 ‘‘(3) RESTRICTION ON REMOVAL TO A COUNTRY

13 WHERE ALIEN’S LIFE OR FREEDOM WOULD BE

14 THREATENED.—

15 ‘‘(A) IN GENERAL.—Notwithstanding

16 paragraphs (1) and (2), the Attorney General

17 may not remove an alien to a country if the At18 torney General decides that the alien’s life or

19 freedom would be threatened in that country

20 because of the alien’s race, religion, nationality,

21 membership in a particular social group, or po22 litical opinion.

23 ‘‘(B) EXCEPTION.—Subparagraph (A)

24 does not apply to an alien deportable under sec-
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1 tion 237(a)(4)(D) or if the Attorney General

2 decides that—

3 ‘‘(i) the alien ordered, incited, as4 sisted, or otherwise participated in the per5 secution of an individual because of the in6 dividual’s race, religion, nationality, mem7 bership in a particular social group, or po8 litical opinion;

9 ‘‘(ii) the alien, having been convicted

10 by a final judgment of a particularly seri11 ous crime is a danger to the community of

12 the United States;

13 ‘‘(iii) there are serious reasons to be14 lieve that the alien committed a serious

15 nonpolitical crime outside the United

16 States before the alien arrived in the Unit17 ed States; or

18 ‘‘(iv) there are reasonable grounds to

19 believe that the alien is a danger to the se20 curity of the United States.

21 For purposes of clause (ii), an alien who has

22 been convicted of an aggravated felony (or felo23 nies) for which the alien has been sentenced to

24 an aggregate term of imprisonment of at least

25 5 years shall be considered to have committed
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1 a particularly serious crime. The previous sen2 tence shall not preclude the Attorney General

3 from determining that, notwithstanding the

4 length of sentence imposed, an alien has been

5 convicted of a particularly serious crime. For

6 purposes of clause (iv), an alien who is de7 scribed in section 237(a)(4)(B) shall be consid8 ered to be an alien with respect to whom there

9 are reasonable grounds for regarding as a dan10 ger to the security of the United States.

11 ‘‘(c) REMOVAL OF ALIENS ARRIVING AT PORT OF

12 ENTRY.—

13 ‘‘(1) VESSELS AND AIRCRAFT.—An alien arriv14 ing at a port of entry of the United States who is

15 ordered removed either without a hearing under sec16 tion 235(b)(1) or 235(c) or pursuant to proceedings

17 under section 240 initiated at the time of such

18 alien’s arrival shall be removed immediately on a

19 vessel or aircraft owned by the owner of the vessel

20 or aircraft on which the alien arrived in the United

21 States, unless—

22 ‘‘(A) it is impracticable to remove the alien

23 on one of those vessels or aircraft within a rea24 sonable time, or

25 ‘‘(B) the alien is a stowaway—
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1 ‘‘(i) who has been ordered removed in

2 accordance with section 235(a)(1),

3 ‘‘(ii) who has requested asylum, and

4 ‘‘(iii) whose application has not been

5 adjudicated or whose asylum application

6 has been denied but who has not exhausted

7 all appeal rights.

8 ‘‘(2) STAY OF REMOVAL.—

9 ‘‘(A) IN GENERAL.—The Attorney General

10 may stay the removal of an alien under this

11 subsection if the Attorney General decides

12 that—

13 ‘‘(i) immediate removal is not prac14 ticable or proper; or

15 ‘‘(ii) the alien is needed to testify in

16 the prosecution of a person for a violation

17 of a law of the United States or of any

18 State.

19 ‘‘(B) PAYMENT OF DETENTION COSTS.—

20 During the period an alien is detained because

21 of a stay of removal under subparagraph

22 (A)(ii), the Attorney General may pay from the

23 appropriation ‘Immigration and Naturalization

24 Service—Salaries and Expenses’—
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1 ‘‘(i) the cost of maintenance of the

2 alien; and

3 ‘‘(ii) a witness fee of $1 a day.

4 ‘‘(C) RELEASE DURING STAY.—The Attor5 ney General may release an alien whose removal

6 is stayed under subparagraph (A)(ii) on—

7 ‘‘(i) the alien’s filing a bond of at

8 least $500 with security approved by the

9 Attorney General;

10 ‘‘(ii) condition that the alien appear

11 when required as a witness and for re12 moval; and

13 ‘‘(iii) other conditions the Attorney

14 General may prescribe.

15 ‘‘(3) COSTS OF DETENTION AND MAINTENANCE

16 PENDING REMOVAL.—

17 ‘‘(A) IN GENERAL.—Except as provided in

18 subparagraph (B) and subsection (d), an owner

19 of a vessel or aircraft bringing an alien to the

20 United States shall pay the costs of detaining

21 and maintaining the alien—

22 ‘‘(i) while the alien is detained under

23 subsection (d)(1), and
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1 ‘‘(ii) in the case of an alien who is a

2 stowaway, while the alien is being detained

3 pursuant to—

4 ‘‘(I) subsection (d)(2)(A) or

5 (d)(2)(B)(i),

6 ‘‘(II) subsection (d)(2)(B)(ii) or

7 (iii) for the period of time reasonably

8 necessary for the owner to arrange for

9 repatriation or removal of the stow10 away, including obtaining necessary

11 travel documents, but not to extend

12 beyond the date on which it is

13 ascertained that such travel docu14 ments cannot be obtained from the

15 country to which the stowaway is to

16 be returned, or

17 ‘‘(III) section 235(b)(1)(B)(ii),

18 for a period not to exceed 15 days

19 (excluding Saturdays, Sundays, and

20 holidays) commencing on the first

21 such day which begins on the earlier

22 of 72 hours after the time of the ini23 tial presentation of the stowaway for

24 inspection or at the time the stow-
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1 away is determined to have a credible

2 fear of persecution.

3 ‘‘(B) NONAPPLICATION.—Subparagraph

4 (A) shall not apply if—

5 ‘‘(i) the alien is a crewmember;

6 ‘‘(ii) the alien has an immigrant visa;

7 ‘‘(iii) the alien has a nonimmigrant

8 visa or other documentation authorizing

9 the alien to apply for temporary admission

10 to the United States and applies for admis11 sion not later than 120 days after the date

12 the visa or documentation was issued;

13 ‘‘(iv) the alien has a reentry permit

14 and applies for admission not later than

15 120 days after the date of the alien’s last

16 inspection and admission;

17 ‘‘(v)(I) the alien has a nonimmigrant

18 visa or other documentation authorizing

19 the alien to apply for temporary admission

20 to the United States or a reentry permit;

21 ‘‘(II) the alien applies for admission

22 more than 120 days after the date the visa

23 or documentation was issued or after the

24 date of the last inspection and admission

25 under the reentry permit; and
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1 ‘‘(III) the owner of the vessel or air2 craft satisfies the Attorney General that

3 the existence of the condition relating to

4 inadmissibility could not have been discov5 ered by exercising reasonable care before

6 the alien boarded the vessel or aircraft; or

7 ‘‘(vi) the individual claims to be a na8 tional of the United States and has a Unit9 ed States passport.

10 ‘‘(d) REQUIREMENTS OF PERSONS PROVIDING

11 TRANSPORTATION.—

12 ‘‘(1) REMOVAL AT TIME OF ARRIVAL.—An

13 owner, agent, master, commanding officer, person in

14 charge, purser, or consignee of a vessel or aircraft

15 bringing an alien (except an alien crewmember) to

16 the United States shall—

17 ‘‘(A) receive an alien back on the vessel or

18 aircraft or another vessel or aircraft owned or

19 operated by the same interests if the alien is or20 dered removed under this part; and

21 ‘‘(B) take the alien to the foreign country

22 to which the alien is ordered removed.

23 ‘‘(2) ALIEN STOWAWAYS.—An owner, agent,

24 master, commanding officer, charterer, or consignee
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1 of a vessel or aircraft arriving in the United States

2 with an alien stowaway—

3 ‘‘(A) shall detain the alien on board the

4 vessel or aircraft, or at such place as the Attor5 ney General shall designate, until completion of

6 the inspection of the alien by an immigration

7 officer;

8 ‘‘(B) may not permit the stowaway to land

9 in the United States, except pursuant to regula10 tions of the Attorney General temporarily—

11 ‘‘(i) for medical treatment,

12 ‘‘(ii) for detention of the stowaway by

13 the Attorney General, or

14 ‘‘(iii) for departure or removal of the

15 stowaway; and

16 ‘‘(C) if ordered by an immigration officer,

17 shall remove the stowaway on the vessel or air18 craft or on another vessel or aircraft.

19 The Attorney General shall grant a timely request to

20 remove the stowaway under subparagraph (C) on a

21 vessel or aircraft other than that on which the stow22 away arrived if the requester has obtained any travel

23 documents necessary for departure or repatriation of

24 the stowaway and removal of the stowaway will not

25 be unreasonably delayed.
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1 ‘‘(3) REMOVAL UPON ORDER.—An owner,

2 agent, master, commanding officer, person in

3 charge, purser, or consignee of a vessel, aircraft, or

4 other transportation line shall comply with an order

5 of the Attorney General to take on board, guard

6 safely, and transport to the destination specified any

7 alien ordered to be removed under this Act.

8 ‘‘(e) PAYMENT OF EXPENSES OF REMOVAL.—

9 ‘‘(1) COSTS OF REMOVAL AT TIME OF ARRIV10 AL.—In the case of an alien who is a stowaway or

11 who is ordered removed either without a hearing

12 under section 235(a)(1) or 235(c) or pursuant to

13 proceedings under section 240 initiated at the time

14 of such alien’s arrival, the owner of the vessel or air15 craft (if any) on which the alien arrived in the Unit16 ed States shall pay the transportation cost of remov17 ing the alien. If removal is on a vessel or aircraft not

18 owned by the owner of the vessel or aircraft on

19 which the alien arrived in the United States, the At20 torney General may—

21 ‘‘(A) pay the cost from the appropriation

22 ‘Immigration and Naturalization Service—Sala23 ries and Expenses’; and

24 ‘‘(B) recover the amount of the cost in a

25 civil action from the owner, agent, or consignee
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1 of the vessel or aircraft (if any) on which the

2 alien arrived in the United States.

3 ‘‘(2) COSTS OF REMOVAL TO PORT OF REMOVAL

4 FOR ALIENS ADMITTED OR PERMITTED TO LAND.—

5 In the case of an alien who has been admitted or

6 permitted to land and is ordered removed, the cost

7 (if any) of removal of the alien to the port of re8 moval shall be at the expense of the appropriation

9 for the enforcement of this Act.

10 ‘‘(3) COSTS OF REMOVAL FROM PORT OF RE11 MOVAL FOR ALIENS ADMITTED OR PERMITTED TO

12 LAND.—

13 ‘‘(A) THROUGH APPROPRIATION.—Except

14 as provided in subparagraph (B), in the case of

15 an alien who has been admitted or permitted to

16 land and is ordered removed, the cost (if any)

17 of removal of the alien from the port of removal

18 shall be at the expense of the appropriation for

19 the enforcement of this Act.

20 ‘‘(B) THROUGH OWNER.—

21 ‘‘(i) IN GENERAL.—In the case of an

22 alien described in clause (ii), the cost of re23 moval of the alien from the port of removal

24 may be charged to any owner of the vessel,
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1 aircraft, or other transportation line by

2 which the alien came to the United States.

3 ‘‘(ii) ALIENS DESCRIBED.—An alien

4 described in this clause is an alien who—

5 ‘‘(I) is admitted to the United

6 States (other than lawfully admitted

7 for permanent residence) and is or8 dered removed within 5 years of the

9 date of admission based on a ground

10 that existed before or at the time of

11 admission, or

12 ‘‘(II) is an alien crewman per13 mitted to land temporarily under sec14 tion 252 and is ordered removed with15 in 5 years of the date of landing.

16 ‘‘(C) COSTS OF REMOVAL OF CERTAIN

17 ALIENS GRANTED VOLUNTARY DEPARTURE.—In

18 the case of an alien who has been granted vol19 untary departure under section 240B and who

20 is financially unable to depart at the alien’s own

21 expense and whose removal the Attorney Gen22 eral deems to be in the best interest of the

23 United States, the expense of such removal may

24 be paid from the appropriation for the enforce25 ment of this Act.
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1 ‘‘(f) ALIENS REQUIRING PERSONAL CARE DURING

2 REMOVAL.—

3 ‘‘(1) IN GENERAL.—If the Attorney General be4 lieves that an alien being removed requires personal

5 care because of the alien’s mental or physical condi6 tion, the Attorney General may employ a suitable

7 person for that purpose who shall accompany and

8 care for the alien until the alien arrives at the final

9 destination.

10 ‘‘(2) COSTS.—The costs of providing the service

11 described in paragraph (1) shall be defrayed in the

12 same manner as the expense of removing the accom13 panied alien is defrayed under this section.

14 ‘‘(g) PLACES OF DETENTION.—

15 ‘‘(1) IN GENERAL.—The Attorney General shall

16 arrange for appropriate places of detention for aliens

17 detained pending removal or a decision on removal.

18 When United States Government facilities are un19 available or facilities adapted or suitably located for

20 detention are unavailable for rental, the Attorney

21 General may expend from the appropriation ‘Immi22 gration and Naturalization Service—Salaries and

23 Expenses’, without regard to section 3709 of the Re24 vised Statutes (41 U.S.C. 5), amounts necessary to

25 acquire land and to acquire, build, remodel, repair,
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1 and operate facilities (including living quarters for

2 immigration officers if not otherwise available) nec3 essary for detention.

4 ‘‘(2) DETENTION FACILITIES OF THE IMMIGRA5 TION AND NATURALIZATION SERVICE.—Prior to ini6 tiating any project for the construction of any new

7 detention facility for the Service, the Commissioner

8 shall consider the availability for purchase or lease

9 of any existing prison, jail, detention center, or other

10 comparable facility suitable for such use.

11 ‘‘(h) STATUTORY CONSTRUCTION.—Nothing in this

12 section shall be construed to create any substantive or pro13 cedural right or benefit that is legally enforceable by any

14 party against the United States or its agencies or officers

15 or any other person.’’.

16 (b) REENTRY OF ALIEN REMOVED PRIOR TO COM17 PLETION OF TERM OF IMPRISONMENT.—Section 276(b)

18 (8 U.S.C. 1326(b)), as amended by section 321(b) of this

19 division, is amended—

20 (1) by striking ‘‘or’’ at the end of paragraph

21 (2),

22 (2) by adding ‘‘or’’ at the end of paragraph (3),

23 and

24 (3) by inserting after paragraph (3) the follow25 ing new paragraph:
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1 ‘‘(4) who was removed from the United States

2 pursuant to section 241(a)(4)(B) who thereafter,

3 without the permission of the Attorney General, en4 ters, attempts to enter, or is at any time found in,

5 the United States (unless the Attorney General has

6 expressly consented to such alien’s reentry) shall be

7 fined under title 18, United States Code, imprisoned

8 for not more than 10 years, or both.

9 (c) MISCELLANEOUS CONFORMING AMENDMENT.—

10 Section 212(a)(4) (8 U.S.C. 1182(a)(4)), as amended by

11 section 621(a) of this division, is amended by striking

12 ‘‘241(a)(5)(B)’’ each place it appears and inserting

13 ‘‘237(a)(5)(B)’’.

14 SEC. 306. APPEALS FROM ORDERS OF REMOVAL (NEW SEC15 TION 242).

16 (a) IN GENERAL.—Section 242 (8 U.S.C. 1252) is

17 amended—

18 (1) by redesignating subsection (j) as sub19 section (i) and by moving such subsection and add20 ing it at the end of section 241, as inserted by sec21 tion 305(a)(3) of this division; and

22 (2) by amending the remainder of section 242

23 to read as follows:

24 ‘‘JUDICIAL REVIEW OF ORDERS OF REMOVAL

25 ‘‘SEC. 242. (a) APPLICABLE PROVISIONS.—
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1 ‘‘(1) GENERAL ORDERS OF REMOVAL.—Judicial

2 review of a final order of removal (other than an

3 order of removal without a hearing pursuant to sec4 tion 235(b)(1)) is governed only by chapter 158 of

5 title 28 of the United States Code, except as pro6 vided in subsection (b) and except that the court

7 may not order the taking of additional evidence

8 under section 2347(c) of such title.

9 ‘‘(2) MATTERS NOT SUBJECT TO JUDICIAL RE10 VIEW.—

11 ‘‘(A) REVIEW RELATING TO SECTION

12 235(b)(1).—Notwithstanding any other provision

13 of law, no court shall have jurisdiction to re14 view—

15 ‘‘(i) except as provided in subsection

16 (e), any individual determination or to en17 tertain any other cause or claim arising

18 from or relating to the implementation or

19 operation of an order of removal pursuant

20 to section 235(b)(1),

21 ‘‘(ii) except as provided in subsection

22 (e), a decision by the Attorney General to

23 invoke the provisions of such section,

24 ‘‘(iii) the application of such section

25 to individual aliens, including the deter-
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1 mination made under section 235(b)(1)(B),

2 or

3 ‘‘(iv) except as provided in subsection

4 (e), procedures and policies adopted by the

5 Attorney General to implement the provi6 sions of section 235(b)(1).

7 ‘‘(B) DENIALS OF DISCRETIONARY RE8 LIEF.—Notwithstanding any other provision of

9 law, no court shall have jurisdiction to review—

10 ‘‘(i) any judgment regarding the

11 granting of relief under section 212(h),

12 212(i), 240A, 240B, or 245, or

13 ‘‘(ii) any other decision or action of

14 the Attorney General the authority for

15 which is specified under this title to be in

16 the discretion of the Attorney General,

17 other than the granting of relief under sec18 tion 208(a).

19 ‘‘(C) ORDERS AGAINST CRIMINAL

20 ALIENS.—Notwithstanding any other provision

21 of law, no court shall have jurisdiction to review

22 any final order of removal against an alien who

23 is removable by reason of having committed a

24 criminal offense covered in section 212(a)(2) or

25 237(a)(2)(A)(iii), (B), (C), or (D), or any of-
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1 fense covered by section 237(a)(2)(A)(ii) for

2 which both predicate offenses are, without re3 gard to their date of commission, otherwise cov4 ered by section 237(a)(2)(A)(i).

5 ‘‘(3) TREATMENT OF CERTAIN DECISIONS.—No

6 alien shall have a right to appeal from a decision of

7 an immigration judge which is based solely on a cer8 tification described in section 240(c)(1)(B).

9 ‘‘(b) REQUIREMENTS FOR REVIEW OF ORDERS OF

10 REMOVAL.—With respect to review of an order of removal

11 under subsection (a)(1), the following requirements apply:

12 ‘‘(1) DEADLINE.—The petition for review must

13 be filed not later than 30 days after the date of the

14 final order of removal.

15 ‘‘(2) VENUE AND FORMS.—The petition for re16 view shall be filed with the court of appeals for the

17 judicial circuit in which the immigration judge com18 pleted the proceedings. The record and briefs do not

19 have to be printed. The court of appeals shall review

20 the proceeding on a typewritten record and on type21 written briefs.

22 ‘‘(3) SERVICE.—

23 ‘‘(A) IN GENERAL.—The respondent is the

24 Attorney General. The petition shall be served

25 on the Attorney General and on the officer or
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1 employee of the Service in charge of the Service

2 district in which the final order of removal

3 under section 240 was entered.

4 ‘‘(B) STAY OF ORDER.—Service of the pe5 tition on the officer or employee does not stay

6 the removal of an alien pending the court’s de7 cision on the petition, unless the court orders

8 otherwise.

9 ‘‘(C) ALIEN’S BRIEF.—The alien shall

10 serve and file a brief in connection with a peti11 tion for judicial review not later than 40 days

12 after the date on which the administrative

13 record is available, and may serve and file a

14 reply brief not later than 14 days after service

15 of the brief of the Attorney General, and the

16 court may not extend these deadlines except

17 upon motion for good cause shown. If an alien

18 fails to file a brief within the time provided in

19 this paragraph, the court shall dismiss the ap20 peal unless a manifest injustice would result.

21 ‘‘(4) SCOPE AND STANDARD FOR REVIEW.—Ex22 cept as provided in paragraph (5)(B)—

23 ‘‘(A) the court of appeals shall decide the

24 petition only on the administrative record on

25 which the order of removal is based,
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1 ‘‘(B) the administrative findings of fact are

2 conclusive unless any reasonable adjudicator

3 would be compelled to conclude to the contrary,

4 ‘‘(C) a decision that an alien is not eligible

5 for admission to the United States is conclusive

6 unless manifestly contrary to law, and

7 ‘‘(D) the Attorney General’s discretionary

8 judgment whether to grant relief under section

9 208(a) shall be conclusive unless manifestly

10 contrary to the law and an abuse of discretion.

11 ‘‘(5) TREATMENT OF NATIONALITY CLAIMS.—

12 ‘‘(A) COURT DETERMINATION IF NO ISSUE

13 OF FACT.—If the petitioner claims to be a na14 tional of the United States and the court of ap15 peals finds from the pleadings and affidavits

16 that no genuine issue of material fact about the

17 petitioner’s nationality is presented, the court

18 shall decide the nationality claim.

19 ‘‘(B) TRANSFER IF ISSUE OF FACT.—If

20 the petitioner claims to be a national of the

21 United States and the court of appeals finds

22 that a genuine issue of material fact about the

23 petitioner’s nationality is presented, the court

24 shall transfer the proceeding to the district

25 court of the United States for the judicial dis-
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1 trict in which the petitioner resides for a new

2 hearing on the nationality claim and a decision

3 on that claim as if an action had been brought

4 in the district court under section 2201 of title

5 28, United States Code.

6 ‘‘(C) LIMITATION ON DETERMINATION.—

7 The petitioner may have such nationality claim

8 decided only as provided in this paragraph.

9 ‘‘(6) CONSOLIDATION WITH REVIEW OF MO10 TIONS TO REOPEN OR RECONSIDER.—When a peti11 tioner seeks review of an order under this section,

12 any review sought of a motion to reopen or recon13 sider the order shall be consolidated with the review

14 of the order.

15 ‘‘(7) CHALLENGE TO VALIDITY OF ORDERS IN

16 CERTAIN CRIMINAL PROCEEDINGS.—

17 ‘‘(A) IN GENERAL.—If the validity of an

18 order of removal has not been judicially de19 cided, a defendant in a criminal proceeding

20 charged with violating section 243(a) may chal21 lenge the validity of the order in the criminal

22 proceeding only by filing a separate motion be23 fore trial. The district court, without a jury,

24 shall decide the motion before trial.
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1 ‘‘(B) CLAIMS OF UNITED STATES NATION2 ALITY.—If the defendant claims in the motion

3 to be a national of the United States and the

4 district court finds that—

5 ‘‘(i) no genuine issue of material fact

6 about the defendant’s nationality is pre7 sented, the court shall decide the motion

8 only on the administrative record on which

9 the removal order is based and the admin10 istrative findings of fact are conclusive if

11 supported by reasonable, substantial, and

12 probative evidence on the record considered

13 as a whole; or

14 ‘‘(ii) a genuine issue of material fact

15 about the defendant’s nationality is pre16 sented, the court shall hold a new hearing

17 on the nationality claim and decide that

18 claim as if an action had been brought

19 under section 2201 of title 28, United

20 States Code.

21 The defendant may have such nationality claim

22 decided only as provided in this subparagraph.

23 ‘‘(C) CONSEQUENCE OF INVALIDATION.—

24 If the district court rules that the removal order

25 is invalid, the court shall dismiss the indictment
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1 for violation of section 243(a). The United

2 States Government may appeal the dismissal to

3 the court of appeals for the appropriate circuit

4 within 30 days after the date of the dismissal.

5 ‘‘(D) LIMITATION ON FILING PETITIONS

6 FOR REVIEW.—The defendant in a criminal

7 proceeding under section 243(a) may not file a

8 petition for review under subsection (a) during

9 the criminal proceeding.

10 ‘‘(8) CONSTRUCTION.—This subsection—

11 ‘‘(A) does not prevent the Attorney Gen12 eral, after a final order of removal has been is13 sued, from detaining the alien under section

14 241(a);

15 ‘‘(B) does not relieve the alien from com16 plying with section 241(a)(4) and section

17 243(g); and

18 ‘‘(C) does not require the Attorney General

19 to defer removal of the alien.

20 ‘‘(9) CONSOLIDATION OF QUESTIONS FOR JUDI21 CIAL REVIEW.—Judicial review of all questions of

22 law and fact, including interpretation and applica23 tion of constitutional and statutory provisions, aris24 ing from any action taken or proceeding brought to

25 remove an alien from the United States under this
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1 title shall be available only in judicial review of a

2 final order under this section.

3 ‘‘(c) REQUIREMENTS FOR PETITION.—A petition for

4 review or for habeas corpus of an order of removal—

5 ‘‘(1) shall attach a copy of such order, and

6 ‘‘(2) shall state whether a court has upheld the

7 validity of the order, and, if so, shall state the name

8 of the court, the date of the court’s ruling, and the

9 kind of proceeding.

10 ‘‘(d) REVIEW OF FINAL ORDERS.—A court may re11 view a final order of removal only if—

12 ‘‘(1) the alien has exhausted all administrative

13 remedies available to the alien as of right, and

14 ‘‘(2) another court has not decided the validity

15 of the order, unless the reviewing court finds that

16 the petition presents grounds that could not have

17 been presented in the prior judicial proceeding or

18 that the remedy provided by the prior proceeding

19 was inadequate or ineffective to test the validity of

20 the order.

21 ‘‘(e) JUDICIAL REVIEW OF ORDERS UNDER SECTION

22 235(b)(1).—

23 ‘‘(1) LIMITATIONS ON RELIEF.—Without regard

24 to the nature of the action or claim and without re-
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1 gard to the identity of the party or parties bringing

2 the action, no court may—

3 ‘‘(A) enter declaratory, injunctive, or other

4 equitable relief in any action pertaining to an

5 order to exclude an alien in accordance with

6 section 235(b)(1) except as specifically author7 ized in a subsequent paragraph of this sub8 section, or

9 ‘‘(B) certify a class under Rule 23 of the

10 Federal Rules of Civil Procedure in any action

11 for which judicial review is authorized under a

12 subsequent paragraph of this subsection.

13 ‘‘(2) HABEAS CORPUS PROCEEDINGS.—Judicial

14 review of any determination made under section

15 235(b)(1) is available in habeas corpus proceedings,

16 but shall be limited to determinations of—

17 ‘‘(A) whether the petitioner is an alien,

18 ‘‘(B) whether the petitioner was ordered

19 removed under such section, and

20 ‘‘(C) whether the petitioner can prove by a

21 preponderance of the evidence that the peti22 tioner is an alien lawfully admitted for perma23 nent residence, has been admitted as a refugee

24 under section 207, or has been granted asylum

25 under section 208, such status not having been
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1 terminated, and is entitled to such further in2 quiry as prescribed by the Attorney General

3 pursuant to section 235(b)(1)(C).

4 ‘‘(3) CHALLENGES ON VALIDITY OF THE SYS5 TEM.—

6 ‘‘(A) IN GENERAL.—Judicial review of de7 terminations under section 235(b) and its im8 plementation is available in an action instituted

9 in the United States District Court for the Dis10 trict of Columbia, but shall be limited to deter11 minations of—

12 ‘‘(i) whether such section, or any reg13 ulation issued to implement such section, is

14 constitutional; or

15 ‘‘(ii) whether such a regulation, or a

16 written policy directive, written policy

17 guideline, or written procedure issued by

18 or under the authority of the Attorney

19 General to implement such section, is not

20 consistent with applicable provisions of this

21 title or is otherwise in violation of law.

22 ‘‘(B) DEADLINES FOR BRINGING AC23 TIONS.—Any action instituted under this para24 graph must be filed no later than 60 days after

25 the date the challenged section, regulation, di-
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1 rective, guideline, or procedure described in

2 clause (i) or (ii) of subparagraph (A) is first

3 implemented.

4 ‘‘(C) NOTICE OF APPEAL.—A notice of ap5 peal of an order issued by the District Court

6 under this paragraph may be filed not later

7 than 30 days after the date of issuance of such

8 order.

9 ‘‘(D) EXPEDITIOUS CONSIDERATION OF

10 CASES.—It shall be the duty of the District

11 Court, the Court of Appeals, and the Supreme

12 Court of the United States to advance on the

13 docket and to expedite to the greatest possible

14 extent the disposition of any case considered

15 under this paragraph.

16 ‘‘(4) DECISION.—In any case where the court

17 determines that the petitioner—

18 ‘‘(A) is an alien who was not ordered re19 moved under section 235(b)(1), or

20 ‘‘(B) has demonstrated by a preponderance

21 of the evidence that the alien is an alien law22 fully admitted for permanent residence, has

23 been admitted as a refugee under section 207,

24 or has been granted asylum under section 208,

25 the court may order no remedy or relief other
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1 than to require that the petitioner be provided

2 a hearing in accordance with section 240. Any

3 alien who is provided a hearing under section

4 240 pursuant to this paragraph may thereafter

5 obtain judicial review of any resulting final

6 order of removal pursuant to subsection (a)(1).

7 ‘‘(5) SCOPE OF INQUIRY.—In determining

8 whether an alien has been ordered removed under

9 section 235(b)(1), the court’s inquiry shall be limited

10 to whether such an order in fact was issued and

11 whether it relates to the petitioner. There shall be

12 no review of whether the alien is actually inadmis13 sible or entitled to any relief from removal.

14 ‘‘(f) LIMIT ON INJUNCTIVE RELIEF.—

15 ‘‘(1) IN GENERAL.—Regardless of the nature of

16 the action or claim or of the identity of the party or

17 parties bringing the action, no court (other than the

18 Supreme Court) shall have jurisdiction or authority

19 to enjoin or restrain the operation of the provisions

20 of chapter 4 of title II, as amended by the Illegal

21 Immigration Reform and Immigrant Responsibility

22 Act of 1996, other than with respect to the applica23 tion of such provisions to an individual alien against

24 whom proceedings under such chapter have been ini25 tiated.
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1 ‘‘(2) PARTICULAR CASES.—Notwithstanding

2 any other provision of law, no court shall enjoin the

3 removal of any alien pursuant to a final order under

4 this section unless the alien shows by clear and con5 vincing evidence that the entry or execution of such

6 order is prohibited as a matter of law.

7 ‘‘(g) EXCLUSIVE JURISDICTION.—Except as provided

8 in this section and notwithstanding any other provision of

9 law, no court shall have jurisdiction to hear any cause or

10 claim by or on behalf of any alien arising from the decision

11 or action by the Attorney General to commence proceed12 ings, adjudicate cases, or execute removal orders against

13 any alien under this Act.’’.

14 (b) REPEAL OF SECTION 106.—Section 106 (8

15 U.S.C. 1105a) is repealed.

16 (c) EFFECTIVE DATE.—

17 (1) IN GENERAL.—Subject to paragraph (2),

18 the amendments made by subsections (a) and (b)

19 shall apply to all final orders of deportation or re20 moval and motions to reopen filed on or after the

21 date of the enactment of this Act and subsection (g)

22 of section 242 of the Immigration and Nationality

23 Act (as added by subsection (a)), shall apply without

24 limitation to claims arising from all past, pending,
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1 or future exclusion, deportation, or removal proceed2 ings under such Act.

3 (2) LIMITATION.—Paragraph (1) shall not be

4 considered to invalidate or to require the reconsider5 ation of any judgment or order entered under sec6 tion 106 of the Immigration and Nationality Act, as

7 amended by section 440 of Public Law 104–132.

8 (d) TECHNICAL AMENDMENT.—Effective as if in9 cluded in the enactment of the Antiterrorism and Effective

10 Death Penalty Act of 1996 (Public Law 104–132), sub11 sections (a), (c), (d), (g), and (h) of section 440 of such

12 Act are amended by striking ‘‘any offense covered by sec13 tion 241(a)(2)(A)(ii) for which both predicate offenses are

14 covered by section 241(a)(2)(A)(i)’’ and inserting ‘‘any of15 fense covered by section 241(a)(2)(A)(ii) for which both

16 predicate offenses are, without regard to the date of their

17 commission, otherwise covered by section

18 241(a)(2)(A)(i)’’.

19 SEC. 307. PENALTIES RELATING TO REMOVAL (REVISED

20 SECTION 243).

21 (a) IN GENERAL.—Section 243 (8 U.S.C. 1253) is

22 amended to read as follows:

23 ‘‘PENALTIES RELATED TO REMOVAL

24 ‘‘SEC. 243. (a) PENALTY FOR FAILURE TO DE25 PART.—
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1 ‘‘(1) IN GENERAL.—Any alien against whom a

2 final order of removal is outstanding by reason of

3 being a member of any of the classes described in

4 section 237(a), who—

5 ‘‘(A) willfully fails or refuses to depart

6 from the United States within a period of 90

7 days from the date of the final order of removal

8 under administrative processes, or if judicial re9 view is had, then from the date of the final

10 order of the court,

11 ‘‘(B) willfully fails or refuses to make time12 ly application in good faith for travel or other

13 documents necessary to the alien’s departure,

14 ‘‘(C) connives or conspires, or takes any

15 other action, designed to prevent or hamper or

16 with the purpose of preventing or hampering

17 the alien’s departure pursuant to such, or

18 ‘‘(D) willfully fails or refuses to present

19 himself or herself for removal at the time and

20 place required by the Attorney General pursu21 ant to such order,

22 shall be fined under title 18, United States Code, or

23 imprisoned not more than four years (or 10 years if

24 the alien is a member of any of the classes described
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1 in paragraph (1)(E), (2), (3), or (4) of section

2 237(a)), or both.

3 ‘‘(2) EXCEPTION.—It is not a violation of para4 graph (1) to take any proper steps for the purpose

5 of securing cancellation of or exemption from such

6 order of removal or for the purpose of securing the

7 alien’s release from incarceration or custody.

8 ‘‘(3) SUSPENSION.—The court may for good

9 cause suspend the sentence of an alien under this

10 subsection and order the alien’s release under such

11 conditions as the court may prescribe. In determin12 ing whether good cause has been shown to justify re13 leasing the alien, the court shall take into account

14 such factors as—

15 ‘‘(A) the age, health, and period of deten16 tion of the alien;

17 ‘‘(B) the effect of the alien’s release upon

18 the national security and public peace or safety;

19 ‘‘(C) the likelihood of the alien’s resuming

20 or following a course of conduct which made or

21 would make the alien deportable;

22 ‘‘(D) the character of the efforts made by

23 such alien himself and by representatives of the

24 country or countries to which the alien’s re-
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1 moval is directed to expedite the alien’s depar2 ture from the United States;

3 ‘‘(E) the reason for the inability of the

4 Government of the United States to secure

5 passports, other travel documents, or removal

6 facilities from the country or countries to which

7 the alien has been ordered removed; and

8 ‘‘(F) the eligibility of the alien for discre9 tionary relief under the immigration laws.

10 ‘‘(b) WILLFUL FAILURE TO COMPLY WITH TERMS

11 OF RELEASE UNDER SUPERVISION.—An alien who shall

12 willfully fail to comply with regulations or requirements

13 issued pursuant to section 241(a)(3) or knowingly give

14 false information in response to an inquiry under such sec15 tion shall be fined not more than $1,000 or imprisoned

16 for not more than one year, or both.

17 ‘‘(c) PENALTIES RELATING TO VESSELS AND AIR18 CRAFT.—

19 ‘‘(1) CIVIL PENALTIES.—

20 ‘‘(A) FAILURE TO CARRY OUT CERTAIN

21 ORDERS.—If the Attorney General is satisfied

22 that a person has violated subsection (d) or (e)

23 of section 241, the person shall pay to the Com24 missioner the sum of $2,000 for each violation.
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1 ‘‘(B) FAILURE TO REMOVE ALIEN STOW2 AWAYS.—If the Attorney General is satisfied

3 that a person has failed to remove an alien

4 stowaway as required under section 241(d)(2),

5 the person shall pay to the Commissioner the

6 sum of $5,000 for each alien stowaway not re7 moved.

8 ‘‘(C) NO COMPROMISE.—The Attorney

9 General may not compromise the amount of

10 such penalty under this paragraph.

11 ‘‘(2) CLEARING VESSELS AND AIRCRAFT.—

12 ‘‘(A) CLEARANCE BEFORE DECISION ON

13 LIABILITY.—A vessel or aircraft may be grant14 ed clearance before a decision on liability is

15 made under paragraph (1) only if a bond ap16 proved by the Attorney General or an amount

17 sufficient to pay the civil penalty is deposited

18 with the Commissioner.

19 ‘‘(B) PROHIBITION ON CLEARANCE WHILE

20 PENALTY UNPAID.—A vessel or aircraft may

21 not be granted clearance if a civil penalty im22 posed under paragraph (1) is not paid.

23 ‘‘(d) DISCONTINUING GRANTING VISAS TO NATION24 ALS OF COUNTRY DENYING OR DELAYING ACCEPTING

25 ALIEN.—On being notified by the Attorney General that
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1 the government of a foreign country denies or unreason2 ably delays accepting an alien who is a citizen, subject,

3 national, or resident of that country after the Attorney

4 General asks whether the government will accept the alien

5 under this section, the Secretary of State shall order con6 sular officers in that foreign country to discontinue grant7 ing immigrant visas or nonimmigrant visas, or both, to

8 citizens, subjects, nationals, and residents of that country

9 until the Attorney General notifies the Secretary that the

10 country has accepted the alien.’’.

11 SEC. 308. REDESIGNATION AND REORGANIZATION OF

12 OTHER PROVISIONS; ADDITIONAL CONFORM13 ING AMENDMENTS.

14 (a) CONFORMING AMENDMENT TO TABLE OF CON15 TENTS; OVERVIEW OF REORGANIZED CHAPTERS.—The

16 table of contents, as amended by sections 123(b) and

17 671(e)(1) of this division, is amended—

18 (1) by striking the item relating to section 106,

19 and

20 (2) by striking the item relating to chapter 4 of

21 title II and all that follows through the item relating

22 to section 244A and inserting the following:

‘‘CHAPTER 4—INSPECTION, APPREHENSION, EXAMINATION, EXCLUSION, AND

REMOVAL

‘‘Sec. 231. Lists of alien and citizen passengers arriving or departing; record

of resident aliens and citizens leaving permanently for foreign

country.

‘‘Sec. 232. Detention of aliens for physical and mental examination.
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‘‘Sec. 233. Entry through or from foreign territory and adjacent islands; landing stations.

‘‘Sec. 234. Designation of ports of entry for aliens arriving by civil aircraft.

‘‘Sec. 235. Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing.

‘‘Sec. 235A. Preinspection at foreign airports.

‘‘Sec. 236. Apprehension and detention of aliens not lawfully in the United

States.

‘‘Sec. 237. General classes of deportable aliens.

‘‘Sec. 238. Expedited removal of aliens convicted of committing aggravated felonies.

‘‘Sec. 239. Initiation of removal proceedings.

‘‘Sec. 240. Removal proceedings.

‘‘Sec. 240A. Cancellation of removal; adjustment of status.

‘‘Sec. 240B. Voluntary departure.

‘‘Sec. 240C. Records of admission.

‘‘Sec. 241. Detention and removal of aliens ordered removed.

‘‘Sec. 242. Judicial review of orders of removal.

‘‘Sec. 243. Penalties relating to removal.

‘‘Sec. 244. Temporary protected status.

‘‘CHAPTER 5—ADJUSTMENT AND CHANGE OF STATUS’’.

1 (b) REORGANIZATION OF OTHER PROVISIONS.—

2 Chapters 4 and 5 of title II are amended as follows:

3 (1) AMENDING CHAPTER HEADING.—Amend

4 the heading for chapter 4 of title II to read as fol5 lows:

6 ‘‘CHAPTER 4—INSPECTION, APPREHENSION,

7 EXAMINATION, EXCLUSION, AND REMOVAL’’.

8 (2) REDESIGNATING SECTION 232 AS SECTION

9 232(a).—Amend section 232 (8 U.S.C. 1222)—

10 (A) by inserting ‘‘(a) DETENTION OF

11 ALIENS.—’’ after ‘‘SEC. 232.’’, and

12 (B) by amending the section heading to

13 read as follows:
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1 ‘‘DETENTION OF ALIENS FOR PHYSICAL AND MENTAL

2 EXAMINATION’’.

3 (3) REDESIGNATING SECTION 234 AS SECTION

4 232(b).—Amend section 234 (8 U.S.C. 1224)—

5 (A) by striking the heading,

6 (B) by striking ‘‘SEC. 234.’’ and inserting

7 the following: ‘‘(b) PHYSICAL AND MENTAL EX8 AMINATION.—’’, and

9 (C) by moving such provision to the end of

10 section 232.

11 (4) REDESIGNATING SECTION 238 AS SECTION

12 233.—Redesignate section 238 (8 U.S.C. 1228) as

13 section 233 and move the section to immediately fol14 low section 232.

15 (5) REDESIGNATING SECTION 242A AS SECTION

16 238.—Redesignate section 242A as section 238,

17 strike ‘‘DEPORTATION’’ in its heading and insert

18 ‘‘REMOVAL’’, and move the section to immediately

19 follow section 237 (as redesignated by section

20 305(a)(2)).

21 (6) STRIKING SECTION 242B.—Strike section

22 242B (8 U.S.C. 1252b).

23 (7) STRIKING SECTION 244 AND REDESIGNAT24 ING SECTION 244A AS SECTION 244.—Strike section
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1 244 (8 U.S.C. 1254) and redesignate section 244A

2 as section 244.

3 (8) AMENDING CHAPTER HEADING.—Amend

4 the heading for chapter 5 of title II to read as fol5 lows:

6 ‘‘CHAPTER 5—ADJUSTMENT AND CHANGE OF STATUS’’.

7 (c) ADDITIONAL CONFORMING AMENDMENTS.—

8 (1) EXPEDITED PROCEDURES FOR AGGRA9 VATED FELONS (FORMER SECTION 242A).—Section

10 238 (which, previous to redesignation under section

11 308(b)(5) of this division, was section 242A) is

12 amended—

13 (A) in subsection (a)(1), by striking ‘‘sec14 tion 242’’ and inserting ‘‘section 240’’;

15 (B) in subsection (a)(2), by striking ‘‘sec16 tion 242(a)(2)’’ and inserting ‘‘section 236(c)’’;

17 and

18 (C) in subsection (b)(1), by striking ‘‘sec19 tion 241(a)(2)(A)(iii)’’ and inserting ‘‘section

20 237(a)(2)(A)(iii)’’.

21 (2) TREATMENT OF CERTAIN HELPLESS

22 ALIENS.—

23 (A) CERTIFICATION OF HELPLESS

24 ALIENS.—Section 232 (8 U.S.C. 1222), as

25 amended by section 308(b)(2) of this division,
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1 is further amended by adding at the end the

2 following new subsection:

3 ‘‘(c) CERTIFICATION OF CERTAIN HELPLESS

4 ALIENS.—If an examining medical officer determines that

5 an alien arriving in the United States is inadmissible, is

6 helpless from sickness, mental or physical disability, or in7 fancy, and is accompanied by another alien whose protec8 tion or guardianship may be required, the officer may cer9 tify such fact for purposes of applying section

10 212(a)(10)(B) with respect to the other alien.’’.

11 (B) GROUND OF INADMISSIBILITY FOR

12 PROTECTION AND GUARDIANSHIP OF ALIENS

13 DENIED ADMISSION FOR HEALTH OR IN14 FANCY.—Subparagraph (B) of section

15 212(a)(10) (8 U.S.C. 1182(a)(10)), as redesig16 nated by section 301(a)(1) of this division, is

17 amended to read as follows:

18 ‘‘(B) GUARDIAN REQUIRED TO ACCOMPANY

19 HELPLESS ALIEN.—Any alien—

20 ‘‘(i) who is accompanying another

21 alien who is inadmissible and who is cer22 tified to be helpless from sickness, mental

23 or physical disability, or infancy pursuant

24 to section 232(c), and
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1 ‘‘(ii) whose protection or guardianship

2 is determined to be required by the alien

3 described in clause (i),

4 is inadmissible.’’.

5 (3) CONTINGENT CONSIDERATION IN RELATION

6 TO REMOVAL OF ALIENS.—Section 273(a) (8 U.S.C.

7 1323(a)) is amended—

8 (A) by inserting ‘‘(1)’’ after ‘‘(a)’’, and

9 (B) by adding at the end the following new

10 paragraph:

11 ‘‘(2) It is unlawful for an owner, agent, master, com12 manding officer, person in charge, purser, or consignee of

13 a vessel or aircraft who is bringing an alien (except an

14 alien crewmember) to the United States to take any con15 sideration to be kept or returned contingent on whether

16 an alien is admitted to, or ordered removed from, the

17 United States.’’.

18 (4) CLARIFICATION.—(A) Section 238(a)(1),

19 which, previous to redesignation under section

20 308(b)(5) of this division, was section 242A(a)(1), is

21 amended by adding at the end the following: ‘‘Noth22 ing in this section shall be construed to create any

23 substantive or procedural right or benefit that is le24 gally enforceable by any party against the United
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1 States or its agencies or officers or any other per2 son.’’.

3 (B) Section 225 of the Immigration and Na4 tionality Technical Corrections Act of 1994 (Public

5 Law 103–416) is amended by striking ‘‘and nothing

6 in’’ and all that follows up to ‘‘shall’’.

7 (d) ADDITIONAL CONFORMING AMENDMENTS RE8 LATING TO EXCLUSION AND INADMISSIBILITY.—

9 (1) SECTION 212.—Section 212 (8 U.S.C.

10 1182(a)) is amended—

11 (A) in the heading, by striking ‘‘EX12 CLUDED FROM’’ and inserting ‘‘INELIGIBLE

13 FOR’’;

14 (B) in the matter in subsection (a) before

15 paragraph (1), by striking all that follows ‘‘(a)’’

16 and inserting the following: ‘‘CLASSES OF

17 ALIENS INELIGIBLE FOR VISAS OR ADMIS18 SION.—Except as otherwise provided in this

19 Act, aliens who are inadmissible under the fol20 lowing paragraphs are ineligible to receive visas

21 and ineligible to be admitted to the United

22 States:’’;

23 (C) in subsection (a), by striking ‘‘is ex24 cludable’’ and inserting ‘‘is inadmissible’’ each

25 place it appears;
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1 (D) in subsections (a)(5)(C) (before redes2 ignation by section 343(c)(1) of this division),

3 (d)(1), and (k), by striking ‘‘exclusion’’ and in4 serting ‘‘inadmissibility’’;

5 (E) in subsections (b), (d)(3), (h)(1)(A)(i),

6 and (k), by striking ‘‘excludable’’ each place it

7 appears and inserting ‘‘inadmissible’’;

8 (F) in subsection (b)(2), by striking ‘‘or

9 ineligible for entry’’;

10 (G) in subsection (d)(7), by striking ‘‘ex11 cluded from’’ and inserting ‘‘denied’’; and

12 (H) in subsection (h)(1)(B), by striking

13 ‘‘exclusion’’ and inserting ‘‘denial of admis14 sion’’.

15 (2) SECTION 241.—Section 241 (8 U.S.C.

16 1251), before redesignation as section 237 by section

17 305(a)(2) of this division, is amended—

18 (A) in subsection (a)(1)(H), by striking

19 ‘‘excludable’’ and inserting ‘‘inadmissible’’;

20 (B) in subsection (a)(4)(C)(ii), by striking

21 ‘‘excludability’’ and inserting ‘‘inadmissibility’’;

22 (C) in subsection (c), by striking ‘‘exclu23 sion’’ and inserting ‘‘inadmissibility’’; and

24 (D) effective upon enactment of this Act,

25 by striking subsection (d), as added by section
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1 414(a) of the Antiterrorism and Effective

2 Death Penalty Act of 1996 (P.L. 104–132).

3 (3) OTHER GENERAL REFERENCES.—The fol4 lowing provisions are amended by striking ‘‘exclud5 ability’’ and ‘‘excludable’’ each place each appears

6 and inserting ‘‘inadmissibility’’ and ‘‘inadmissible’’,

7 respectively:

8 (A) Sections 101(f)(3), 213, 234 (before

9 redesignation by section 308(b) of this divi10 sion), 241(a)(1) (before redesignation by sec11 tion 305(a)(2) of this division), 272(a), 277,

12 286(h)(2)(A)(v), and 286(h)(2)(A)(vi).

13 (B) Section 601(c) of the Immigration Act

14 of 1990.

15 (C) Section 128 of the Foreign Relations

16 Authorization Act, Fiscal Years 1992 and 1993

17 (Public Law 102–138).

18 (D) Section 1073 of the National Defense

19 Authorization Act for Fiscal Year 1995 (Public

20 Law 103–337).

21 (E) Section 221 of the Immigration and

22 Nationality Technical Corrections Act of 1994

23 (Public Law 103–416).

24 (4) RELATED TERMS.—
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1 (A) Section 101(a)(17) (8 U.S.C.

2 1101(a)(17)) is amended by striking ‘‘or expul3 sion’’ and inserting ‘‘expulsion, or removal’’.

4 (B) Section 102 (8 U.S.C. 1102) is

5 amended by striking ‘‘exclusion or deportation’’

6 and inserting ‘‘removal’’.

7 (C) Section 103(c)(2) (8 U.S.C.

8 1103(c)(2)) is amended by striking ‘‘been ex9 cluded or deported’’ and inserting ‘‘not been ad10 mitted or have been removed’’.

11 (D) Section 206 (8 U.S.C. 1156) is

12 amended by striking ‘‘excluded from admission

13 to the United States and deported’’ and insert14 ing ‘‘denied admission to the United States and

15 removed’’.

16 (E) Section 216(f) (8 U.S.C. 1186a) is

17 amended by striking ‘‘exclusion’’ and inserting

18 ‘‘inadmissibility’’.

19 (F) Section 217 (8 U.S.C. 1187) is amend20 ed by striking ‘‘excluded from admission’’ and

21 inserting ‘‘denied admission at the time of ar22 rival’’ each place it appears.

23 (G) Section 221(f) (8 U.S.C. 1201) is

24 amended by striking ‘‘exclude’’ and inserting

25 ‘‘deny admission to’’.
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1 (H) Section 232(a) (8 U.S.C. 1222(a)), as

2 redesignated by subsection (b)(2), is amended

3 by striking ‘‘excluded by’’ and ‘‘the excluded

4 classes’’ and inserting ‘‘inadmissible under’’ and

5 ‘‘inadmissible classes’’, respectively.

6 (I)(i) Section 272 (8 U.S.C. 1322) is

7 amended—

8 (I) by striking ‘‘EXCLUSION’’ in the

9 heading and inserting ‘‘DENIAL OF ADMIS10 SION’’,

11 (II) in subsection (a), by striking ‘‘ex12 cluding condition’’ and inserting ‘‘condition

13 causing inadmissibility’’, and

14 (III) in subsection (c), by striking

15 ‘‘excluding’’.

16 (ii) The item in the table of contents relat17 ing to such section is amended by striking ‘‘ex18 clusion’’ and inserting ‘‘denial of admission’’.

19 (J) Section 276(a) (8 U.S.C. 1326(a)) is

20 amended—

21 (i) in paragraph (1), as amended by

22 section 324(a) of this division—

23 (I) by striking ‘‘arrested and de24 ported, has been excluded and de25 ported,’’ and inserting ‘‘denied admis-
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1 sion, excluded, deported, or removed’’,

2 and

3 (II) by striking ‘‘exclusion or de4 portation’’ and inserting ‘‘exclusion,

5 deportation, or removal’’; and

6 (ii) in paragraph (2)(B), by striking

7 ‘‘excluded and deported’’ and inserting

8 ‘‘denied admission and removed’’.

9 (K) Section 286(h)(2)(A)(vi) (8 U.S.C.

10 1356(h)(2)(A)(vi)) is amended by striking ‘‘ex11 clusion’’ each place it appears and inserting

12 ‘‘removal’’.

13 (L) Section 287 (8 U.S.C. 1357) is amend14 ed—

15 (i) in subsection (a), by striking ‘‘or

16 expulsion’’ each place it appears and in17 serting ‘‘expulsion, or removal’’, and

18 (ii) in subsection (c), by striking ‘‘ex19 clusion from’’ and inserting ‘‘denial of ad20 mission to’’.

21 (M) Section 290(a) (8 U.S.C. 1360(a)) is

22 amended by striking ‘‘admitted to the United

23 States, or excluded therefrom’’ each place it ap24 pears and inserting ‘‘admitted or denied admis25 sion to the United States’’.
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1 (N) Section 291 (8 U.S.C. 1361) is

2 amended by striking ‘‘subject to exclusion’’ and

3 inserting ‘‘inadmissible’’ each place it appears.

4 (O) Section 292 (8 U.S.C. 1362) is

5 amended by striking ‘‘exclusion or deportation’’

6 each place it appears and inserting ‘‘removal’’.

7 (P) Section 360 (8 U.S.C. 1503) is amend8 ed—

9 (i) in subsection (a), by striking ‘‘ex10 clusion’’ each place it appears and insert11 ing ‘‘removal’’, and

12 (ii) in subsection (c), by striking ‘‘ex13 cluded from’’ and inserting ‘‘denied’’.

14 (Q) Section 507(b)(2)(D) (8 U.S.C.

15 1537(b)(2)(D)) is amended by striking ‘‘exclu16 sion because such alien is excludable’’ and in17 serting ‘‘removal because such alien is inadmis18 sible’’.

19 (R) Section 301(a)(1) of the Immigration

20 Act of 1990 is amended by striking ‘‘exclusion’’

21 and inserting ‘‘inadmissibility’’.

22 (S) Section 401(c) of the Refugee Act of

23 1980 is amended by striking ‘‘deportation or

24 exclusion’’ and inserting ‘‘removal’’.
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1 (T) Section 501(e)(2) of the Refugee Edu2 cation Assistance Act of 1980 (Public Law 96–

3 422) is amended—

4 (i) by striking ‘‘exclusion or deporta5 tion’’ each place it appears and inserting

6 ‘‘removal’’, and

7 (ii) by striking ‘‘deportation or exclu8 sion’’ each place it appears and inserting

9 ‘‘removal’’.

10 (U) Section 4113(c) of title 18, United

11 States Code, is amended by striking ‘‘exclusion

12 and deportation’’ and inserting ‘‘removal’’.

13 (5) REPEAL OF SUPERSEDED PROVISION.—Ef14 fective as of the date of the enactment of the

15 Antiterrorism and Effective Death Penalty Act of

16 1996, section 422 of such Act is repealed and the

17 Immigration and Nationality Act shall be applied as

18 if such section had not been enacted.

19 (e) REVISION OF TERMINOLOGY RELATING TO DE20 PORTATION.—

21 (1) Each of the following is amended by strik22 ing ‘‘deportation’’ each place it appears and insert23 ing ‘‘removal’’:
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1 (A) Subparagraphs (A)(iii)(II), (A)(iv)(II),

2 and (B)(iii)(II) of section 204(a)(1) (8 U.S.C.

3 1154(a)(1)).

4 (B) Section 212(d)(1) (8 U.S.C.

5 1182(d)(1)).

6 (C) Section 212(d)(11) (8 U.S.C.

7 1182(d)(11)).

8 (D) Section 214(k)(4)(C) (8 U.S.C.

9 1184(k)(4)(C)), as redesignated by section

10 671(a)(3)(A) of this division.

11 (E) Section 241(a)(1)(H) (8 U.S.C.

12 1251(a)(1)(H)), before redesignation as section

13 237 by section 305(a)(2) of this division.

14 (F) Section 242A (8 U.S.C. 1252a), before

15 redesignation as section 238 by subsection

16 (b)(5).

17 (G) Subsections (a)(3) and (b)(5)(B) of

18 section 244A (8 U.S.C. 1254a), before redesig19 nation as section 244 by subsection (b)(7).

20 (H) Section 246(a) (8 U.S.C. 1256(a)).

21 (I) Section 254 (8 U.S.C. 1284).

22 (J) Section 263(a)(4) (8 U.S.C.

23 1303(a)(4)).

24 (K) Section 276(b) (8 U.S.C. 1326(b)).
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1 (L) Section 286(h)(2)(A)(v) (8 U.S.C.

2 1356(h)(2)(A)(v)).

3 (M) Section 287(g) (8 U.S.C. 1357(g)) (as

4 added by section 122 of this division).

5 (N) Section 291 (8 U.S.C. 1361).

6 (O) Section 318 (8 U.S.C. 1429).

7 (P) Section 130005(a) of the Violent

8 Crime Control and Law Enforcement Act of

9 1994 (Public Law 103–322).

10 (Q) Section 4113(b) of title 18, United

11 States Code.

12 (2) Each of the following is amended by strik13 ing ‘‘deported’’ each place it appears and inserting

14 ‘‘removed’’:

15 (A) Section 212(d)(7) (8 U.S.C.

16 1182(d)(7)).

17 (B) Section 214(d) (8 U.S.C. 1184(d)).

18 (C) Section 241(a) (8 U.S.C. 1251(a)), be19 fore redesignation as section 237 by section

20 305(a)(2) of this division.

21 (D) Section 242A(c)(2)(D)(iv) (8 U.S.C.

22 1252a(c)(2)(D)(iv)), as amended by section

23 671(b)(13) of this division but before redesigna24 tion as section 238 by subsection (b)(5).

25 (E) Section 252(b) (8 U.S.C. 1282(b)).
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1 (F) Section 254 (8 U.S.C. 1284).

2 (G) Subsections (b) and (c) of section 266

3 (8 U.S.C. 1306).

4 (H) Section 301(a)(1) of the Immigration

5 Act of 1990.

6 (I) Section 4113 of title 18, United States

7 Code.

8 (3) Section 101(g) (8 U.S.C. 1101(g)) is

9 amended by inserting ‘‘or removed’’ after ‘‘deported’’

10 each place it appears.

11 (4) Section 103(c)(2) (8 U.S.C. 1103(c)(2)) is

12 amended by striking ‘‘suspension of deportation’’

13 and inserting ‘‘cancellation of removal’’.

14 (5) Section 201(b)(1)(D) (8 U.S.C.

15 1151(b)(1)(D)) is amended by striking ‘‘deportation

16 is suspended’’ and inserting ‘‘removal is canceled’’.

17 (6) Section 212(l)(2)(B) (8 U.S.C.

18 1182(l)(2)(B)) is amended by striking ‘‘deportation

19 against’’ and inserting ‘‘removal of’’.

20 (7) Subsections (b)(2), (c)(2)(B), (c)(3)(D),

21 (c)(4)(A), and (d)(2)(C) of section 216 (8 U.S.C.

22 1186a) are each amended by striking ‘‘DEPORTA23 TION’’, ‘‘deportation’’, ‘‘deport’’, and ‘‘deported’’

24 each place each appears and inserting ‘‘REMOVAL’’,

25 ‘‘removal’’, ‘‘remove’’, and ‘‘removed’’, respectively.
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1 (8) Subsections (b)(2), (c)(2)(B), (c)(3)(D),

2 and (d)(2)(C) of section 216A (8 U.S.C. 1186b) are

3 each amended by striking ‘‘DEPORTATION’’, ‘‘depor4 tation’’, ‘‘deport’’, and ‘‘deported’’ and inserting

5 ‘‘REMOVAL’’, ‘‘removal’’, ‘‘remove’’, and ‘‘removed’’,

6 respectively.

7 (9) Section 217(b)(2) (8 U.S.C. 1187(b)(2)) is

8 amended by striking ‘‘deportation against’’ and in9 serting ‘‘removal of’’.

10 (10) Section 242A (8 U.S.C. 1252a), before re11 designation as section 238 by subsection (b)(6), is

12 amended, in the headings to various subdivisions, by

13 striking ‘‘DEPORTATION’’ and ‘‘DEPORTATION’’ and

14 inserting ‘‘REMOVAL’’ and ‘‘REMOVAL’’, respectively.

15 (11) Section 244A(a)(1)(A) (8 U.S.C.

16 1254a(a)(1)(A)), before redesignation as section 244

17 by subsection (b)(8), is amended—

18 (A) in subsection (a)(1)(A), by striking

19 ‘‘deport’’ and inserting ‘‘remove’’, and

20 (B) in subsection (e), by striking ‘‘SUS21 PENSION OF DEPORTATION’’ and inserting

22 ‘‘CANCELLATION OF REMOVAL’’.

23 (12) Section 254 (8 U.S.C. 1284) is amended

24 by striking ‘‘deport’’ each place it appears and in25 serting ‘‘remove’’.
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1 (13) Section 273(d) (8 U.S.C. 1323(d)) is re2 pealed.

3 (14)(A) Section 276 (8 U.S.C. 1326) is amend4 ed by striking ‘‘DEPORTED’’ and inserting ‘‘RE5 MOVED’’.

6 (B) The item in the table of contents relating

7 to such section is amended by striking ‘‘deported’’

8 and inserting ‘‘removed’’.

9 (15) Section 318 (8 U.S.C. 1429) is amended

10 by striking ‘‘suspending’’ and inserting ‘‘canceling’’.

11 (16) Section 301(a) of the Immigration Act of

12 1990 is amended by striking ‘‘DEPORTATION’’ and

13 inserting ‘‘REMOVAL’’.

14 (17) The heading of section 130005 of the Vio15 lent Crime Control and Law Enforcement Act of

16 1994 (Public Law 103–322) is amended by striking

17 ‘‘DEPORTATION’’ and inserting ‘‘RE18 MOVAL’’.

19 (18) Section 9 of the Peace Corps Act (22

20 U.S.C. 2508) is amended by striking ‘‘deported’’ and

21 all that follows through ‘‘Deportation’’ and inserting

22 ‘‘removed pursuant to chapter 4 of title II of the Im23 migration and Nationality Act’’.

24 (19) Section 8(c) of the Foreign Agents Reg25 istration Act (22 U.S.C. 618(c)) is amended by
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1 striking ‘‘deportation’’ and all that follows and in2 serting ‘‘removal pursuant to chapter 4 of title II of

3 the Immigration and Nationality Act.’’.

4 (f) REVISION OF REFERENCES TO ENTRY.—

5 (1) The following provisions are amended by

6 striking ‘‘entry’’ and inserting ‘‘admission’’ each

7 place it appears:

8 (A) Section 101(a)(15)(K) (8 U.S.C.

9 1101(a)(15)(K)).

10 (B) Section 101(a)(30) (8 U.S.C.

11 1101(a)(30)).

12 (C) Section 212(a)(2)(D) (8 U.S.C.

13 1182(a)(2)(D)).

14 (D) Section 212(a)(6)(C)(i) (8 U.S.C.

15 1182(a)(6)(C)(i)).

16 (E) Section 212(h)(1)(A)(i) (8 U.S.C.

17 1182(h)(1)(A)(i)).

18 (F) Section 212(j)(1)(D) (8 U.S.C.

19 1182(j)(1)(D)).

20 (G) Section 214(c)(2)(A) (8 U.S.C.

21 1184(c)(2)(A)).

22 (H) Section 214(d) (8 U.S.C. 1184(d)).

23 (I) Section 216(b)(1)(A)(i) (8 U.S.C.

24 1186a(b)(1)(A)(i)).
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1 (J) Section 216(d)(1)(A)(i)(III) (8 U.S.C.

2 1186a(d)(1)(A)(i)(III)).

3 (K) Subsection (b) of section 240 (8

4 U.S.C. 1230), before redesignation as section

5 240C by section 304(a)(2) of this division.

6 (L) Subsection (a)(1)(G) of section 241 (8

7 U.S.C. 1251), before redesignation as section

8 237 by section 305(a)(2) of this division.

9 (M) Subsection (a)(1)(H) of section 241 (8

10 U.S.C. 1251), before redesignation as section

11 237 by section 305(a)(2) of this division, other

12 than the last time it appears.

13 (N) Paragraphs (2) and (4) of subsection

14 (a) of section 241 (8 U.S.C. 1251), before re15 designation as section 237 by section 305(a)(2)

16 of this division.

17 (O) Section 245(e)(3) (8 U.S.C.

18 1255(e)(3)).

19 (P) Section 247(a) (8 U.S.C. 1257(a)).

20 (Q) Section 601(c)(2) of the Immigration

21 Act of 1990.

22 (2) The following provisions are amended by

23 striking ‘‘enter’’ and inserting ‘‘be admitted’’:

24 (A) Section 204(e) (8 U.S.C. 1154(e)).

25 (B) Section 221(h) (8 U.S.C. 1201(h)).
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1 (C) Section 245(e)(2) (8 U.S.C.

2 1255(e)(2)).

3 (3) The following provisions are amended by

4 striking ‘‘enters’’ and inserting ‘‘is admitted to’’:

5 (A) Section 212(j)(1)(D)(ii) (8 U.S.C.

6 1154(e)).

7 (B) Section 214(c)(5)(B) (8 U.S.C.

8 1184(c)(5)(B)).

9 (4) Subsection (a) of section 238 (8 U.S.C.

10 1228), before redesignation as section 233 by section

11 308(b)(4) of this division, is amended by striking

12 ‘‘entry and inspection’’ and inserting ‘‘inspection

13 and admission’’.

14 (5) Subsection (a)(1)(H)(ii) of section 241 (8

15 U.S.C. 1251), before redesignation as section 237 by

16 section 305(a)(2) of this division, is amended by

17 striking ‘‘at entry’’.

18 (6) Section 7 of the Central Intelligence Agency

19 Act of 1949 (50 U.S.C. 403h) is amended by strik20 ing ‘‘that the entry’’, ‘‘given entry into’’, and ‘‘enter21 ing’’ and inserting ‘‘that the admission’’, ‘‘admitted

22 to’’, and ‘‘admitted to’’.

23 (7) Section 4 of the Atomic Weapons and Spe24 cial Nuclear Materials Rewards Act (50 U.S.C. 47c)
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1 is amended by striking ‘‘entry’’ and inserting ‘‘ad2 mission’’.

3 (g) CONFORMING REFERENCES TO REORGANIZED

4 SECTIONS.—

5 (1) REFERENCES TO SECTIONS 232, 234, 238,

6 239, 240, 241, 242A, AND 244A.—Any reference in law

7 in effect on the day before the date of the enactment

8 of this Act to section 232, 234, 238, 239, 240, 241,

9 242A, or 244A of the Immigration and Nationality

10 Act (or a subdivision of such section) is deemed, as

11 of the title III–A effective date, to refer to section

12 232(a), 232(b), 233, 234, 234A, 237, 238, or 244

13 of such Act (or the corresponding subdivision of

14 such section), as redesignated by this subtitle. Any

15 reference in law to section 241 (or a subdivision of

16 such section) of the Immigration and Nationality

17 Act in an amendment made by a subsequent subtitle

18 of this title is deemed a reference (as of the title

19 III–A effective date) to section 237 (or the cor20 responding subdivision of such section), as redesig21 nated by this subtitle.

22 (2) REFERENCES TO SECTION 106.—

23 (A) Sections 242A(b)(3) and

24 242A(c)(3)(A)(ii) (8 U.S.C. 1252a(b)(3),

25 1252a(c)(3)(A)(ii)), as amended by section
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1 671(b)(13) of this division but before redesigna2 tion as section 238 by subsection (b)(5), are

3 each amended by striking ‘‘106’’ and inserting

4 ‘‘242’’.

5 (B) Sections 210(e)(3)(A) and

6 245A(f)(4)(A) (8 U.S.C. 1160(e)(3)(A),

7 1255a(f)(4)(A)) are amended by inserting ‘‘(as

8 in effect before October 1, 1996)’’ after ‘‘106’’.

9 (C) Section 242A(c)(3)(A)(iii) (8 U.S.C.

10 1252a(c)(3)(A)(iii)), as amended by section

11 671(b)(13) of this division but before redesigna12 tion as section 238 by subsection (b)(5), is

13 amended by striking ‘‘106(a)(1)’’ and inserting

14 ‘‘242(b)(1)’’.

15 (3) REFERENCES TO SECTION 236.—

16 (A) Sections 205 and 209(a)(1) (8 U.S.C.

17 1155, 1159(a)(1)) are each amended by strik18 ing ‘‘236’’ and inserting ‘‘240’’.

19 (B) Section 4113(c) of title 18, United

20 States Code, is amended by striking ‘‘1226 of

21 title 8, United States Code’’ and inserting ‘‘240

22 of the Immigration and Nationality Act’’.

23 (4) REFERENCES TO SECTION 237.—
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1 (A) Section 209(a)(1) (8 U.S.C.

2 1159(a)(1)) is amended by striking ‘‘237’’ and

3 inserting ‘‘241’’.

4 (B) Section 212(d)(7) (8 U.S.C.

5 1182(d)(7)) is amended by striking ‘‘237(a)’’

6 and inserting ‘‘241(c)’’.

7 (C) Section 280(a) (8 U.S.C. 1330(a)) is

8 amended by striking ‘‘237, 239, 243’’ and in9 serting ‘‘234, 243(c)(2)’’.

10 (5) REFERENCES TO SECTION 242.—

11 (A)(i) Sections 214(d), 252(b), and

12 287(f)(1) (8 U.S.C. 1184(d), 1282(b),

13 1357(f)(1)) are each amended by striking

14 ‘‘242’’ and inserting ‘‘240’’.

15 (ii) Subsection (c)(4) of section 242A (8

16 U.S.C. 1252a), as amended by section

17 671(b)(13) of this division but before redesigna18 tion as section 238 by subsection (b)(5), are

19 each amended by striking ‘‘242’’ and inserting

20 ‘‘240’’.

21 (iii) Section 245A(a)(1)(B) (8 U.S.C.

22 1255a(a)(1)(B)) is amended by inserting ‘‘(as

23 in effect before October 1, 1996)’’ after ‘‘242’’.

24 (iv) Section 4113 of title 18, United States

25 Code, is amended—
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1 (I) in subsection (a), by striking ‘‘sec2 tion 1252(b) or section 1254(e) of title 8,

3 United States Code,’’ and inserting ‘‘sec4 tion 240B of the Immigration and Nation5 ality Act’’; and

6 (II) in subsection (b), by striking

7 ‘‘section 1252 of title 8, United States

8 Code,’’ and inserting ‘‘section 240 of the

9 Immigration and Nationality Act’’.

10 (B) Section 130002(a) of Public Law 103–

11 322, as amended by section 345 of this division,

12 is amended by striking ‘‘242(a)(3)(A)’’ and in13 serting ‘‘236(d)’’.

14 (C) Section 242A(b)(1) (8 U.S.C.

15 1252a(b)(1)), before redesignation as section

16 238 by section 308(b)(5) of this division, is

17 amended by striking ‘‘242(b)’’ and inserting

18 ‘‘240’’.

19 (D) Section 242A(c)(2)(D)(ii) (8 U.S.C.

20 1252a(c)(2)(D)(ii)), as amended by section

21 671(b)(13) of this division but before redesigna22 tion as section 238 by subsection (b)(5), is

23 amended by striking ‘‘242(b)’’ and inserting

24 ‘‘240’’.
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1 (E) Section 1821(e) of title 28, United

2 States Code, is amended by striking ‘‘242(b)’’

3 and inserting ‘‘240’’.

4 (F) Section 130007(a) of Public Law 103–

5 322 is amended by striking ‘‘242(i)’’ and in6 serting ‘‘239(d)’’.

7 (G) Section 20301(c) of Public Law 103–

8 322 is amended by striking ‘‘242(j)(5)’’ and

9 ‘‘242(j)’’ and inserting ‘‘241(h)(5)’’ and

10 ‘‘241(h)’’, respectively.

11 (6) REFERENCES TO SECTION 242B.—

12 (A) Section 303(d)(2) of the Immigration

13 Act of 1990 is amended by striking ‘‘242B’’

14 and inserting ‘‘240(b)(5)’’.

15 (B) Section 545(g)(1)(B) of the Immigra16 tion Act of 1990 is amended by striking

17 ‘‘242B(a)(4)’’ and inserting ‘‘239(a)(4)’’.

18 (7) REFERENCES TO SECTION 243.—

19 (A) Section 214(d) (8 U.S.C. 1184(d)) is

20 amended by striking ‘‘243’’ and inserting

21 ‘‘241’’.

22 (B) Section 504(k)(2) (8 U.S.C.

23 1534(k)(2)) is amended by striking ‘‘withhold24 ing of deportation under section 243(h)’’ and
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1 inserting ‘‘by withholding of removal under sec2 tion 241(b)(3)’’.

3 (C)(i) Section 315(c) of the Immigration

4 Reform and Control Act of 1986 is amended by

5 striking ‘‘243(g)’’ and ‘‘1253(g)’’and inserting

6 ‘‘243(d)’’ and ‘‘1253(d)’’ respectively.

7 (ii) Section 702(b) of the Departments of

8 Commerce, Justice, and State, the Judiciary,

9 and Related Agencies Appropriations Act, 1988

10 is amended by striking ‘‘243(g)’’ and inserting

11 ‘‘243(d)’’.

12 (iii) Section 903(b) of Public Law 100–204

13 is amended by striking ‘‘243(g)’’ and inserting

14 ‘‘243(d)’’.

15 (D)(i) Section 6(f)(2)(F) of the Food

16 Stamp Act of 1977 (7 U.S.C. 2015(f)(2)(F)) is

17 amended by striking ‘‘243(h)’’ and inserting

18 ‘‘241(b)(3)’’.

19 (ii) Section 214(a)(5) of the Housing and

20 Community Development Act of 1980 (42

21 U.S.C. 1436a(a)(5)) is amended by striking

22 ‘‘243(h)’’ and inserting ‘‘241(b)(3)’’.

23 (E)(i) Subsection (c)(2)(B)(ii) of section

24 244A (8 U.S.C. 1254a), before redesignated as

25 section 244 by section 308(b)(7), is amended by
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1 striking ‘‘243(h)(2)’’ and inserting

2 ‘‘208(b)(2)(A)’’.

3 (ii) Section 301(e)(2) of the Immigration

4 Act of 1990 is amended by striking

5 ‘‘243(h)(2)’’ and inserting ‘‘208(b)(2)(A)’’.

6 (F) Section 316(f) (8 U.S.C. 1427(f)) is

7 amended by striking ‘‘subparagraphs (A)

8 through (D) of paragraph 243(h)(2)’’ and in9 serting ‘‘clauses (i) through (v) of section

10 208(b)(2)(A)’’.

11 (8) REFERENCES TO SECTION 244.—

12 (A)(i) Section 201(b)(1)(D) (8 U.S.C.

13 1151(b)(1)(D)) and subsection (e) of section

14 244A (8 U.S.C. 1254a), before redesignation as

15 section 244 by section 308(b)(7) of this divi16 sion, are each amended by striking ‘‘244(a)’’

17 and inserting ‘‘240A(a)’’.

18 (ii) Section 304(c)(1)(B) of the Miscellane19 ous and Technical Immigration and Naturaliza20 tion Amendments of 1991 (Public Law 102–

21 232) is amended by striking ‘‘244(a)’’ and in22 serting ‘‘240A(a)’’.

23 (B) Section 504(k)(3) (8 U.S.C.

24 1534(k)(3)) is amended by striking ‘‘suspension

25 of deportation under subsection (a) or (e) of
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1 section 244’’ and inserting ‘‘cancellation of re2 moval under section 240A’’.

3 (C) Section 304(c)(1)(B) of the Miscellane4 ous and Technical Immigration and Naturaliza5 tion Amendments of 1991 (Public Law 102–

6 232) is amended by striking ‘‘244(b)(2)’’ and

7 inserting ‘‘240A(b)(2)’’.

8 (D) Section 364(a)(2) of this division is

9 amended by striking ‘‘244(a)(3)’’ and inserting

10 ‘‘240A(a)(3)’’.

11 (E) Section 431(c)(1)(B)(iii) of the Per12 sonal Responsibility and Work Opportunity

13 Reconciliation Act of 1996, as added by section

14 501 of this division, is amended by striking

15 ‘‘suspension of deportation and adjustment of

16 status pursuant to section 244(a)(3) of such

17 Act’’ and inserting ‘‘cancellation of removal

18 under section 240A of such Act’’.

19 (9) REFERENCES TO CHAPTER 5.—

20 (A) Sections 266(b), 266(c), and 291 (8

21 U.S.C. 1306(b), 1306(c), 1361) are each

22 amended by striking ‘‘chapter 5’’ and inserting

23 ‘‘chapter 4’’.

24 (B) Section 6(b) of the Act of August 1,

25 1956 (50 U.S.C. 855(b)) is amended by strik-
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1 ing ‘‘chapter 5, title II, of the Immigration and

2 Nationality Act (66 Stat. 163)’’ and inserting

3 ‘‘chapter 4 of title II of the Immigration and

4 Nationality Act’’.

5 (10) MISCELLANEOUS CROSS-REFERENCE COR6 RECTIONS FOR NEWLY ADDED PROVISIONS.—

7 (A) Section 212(h), as amended by section

8 301(h) of this division, is amended by striking

9 ‘‘section 212(c)’’ and inserting ‘‘paragraphs (1)

10 and (2) of section 240A(a)’’.

11 (B) Section 245(c)(6), as amended by sec12 tion 332(d) of this division, is amended by

13 striking ‘‘241(a)(4)(B)’’ and inserting

14 ‘‘237(a)(4)(B)’’.

15 (C) Section 249(d), as amended by section

16 332(e) of this division, is amended by striking

17 ‘‘241(a)(4)(B)’’ and inserting ‘‘237(a)(4)(B)’’.

18 (D) Section 274C(d)(7), as added by sec19 tion 212(d) of this division, is amended by

20 striking ‘‘withholding of deportation under sec21 tion 243(h)’’ and inserting ‘‘withholding of re22 moval under section 241(b)(3)’’.

23 (E) Section 3563(b)(21) of title 18, United

24 States Code, as inserted by section 374(b) of
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1 this division, is amended by striking

2 ‘‘242A(d)(5)’’ and inserting ‘‘238(d)(5)’’.

3 (F) Section 130007(a) of the Violent

4 Crime Control and Law Enforcement Act of

5 1994 (Public Law 103–322), as amended by

6 section 671(a)(6) of this division, is amended

7 by striking ‘‘242A(a)(3)’’ and inserting

8 ‘‘238(a)(3)’’.

9 (G) Section 386(b) of this division is

10 amended by striking ‘‘excludable’’ and ‘‘EX11 CLUDABLE’’ and inserting ‘‘inadmissible’’ and

12 ‘‘INADMISSIBLE’’, respectively, each place each

13 appears.

14 (H) Subsections (a), (c), (d), (g), and (h)

15 of section 440 of the Antiterrorism and Effec16 tive Death Penalty Act of 1996 (Public Law

17 104–132), as amended by section 306(d) of this

18 division, are amended by striking

19 ‘‘241(a)(2)(A)(ii)’’ and ‘‘241(a)(2)(A)(i)’’ and

20 inserting ‘‘237(a)(2)(A)(ii)’’ and

21 ‘‘237(a)(2)(A)(i)’’, respectively.

22 SEC. 309. EFFECTIVE DATES; TRANSITION.

23 (a) IN GENERAL.—Except as provided in this section

24 and sections 303(b)(2), 306(c), 308(d)(2)(D), or

25 308(d)(5) of this division, this subtitle and the amend-
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1 ments made by this subtitle shall take effect on the first

2 day of the first month beginning more than 180 days after

3 the date of the enactment of this Act (in this title referred

4 to as the ‘‘title III–A effective date’’).

5 (b) PROMULGATION OF REGULATIONS.—The Attor6 ney General shall first promulgate regulations to carry out

7 this subtitle by not later than 30 days before the title III–

8 A effective date.

9 (c) TRANSITION FOR ALIENS IN PROCEEDINGS.—

10 (1) GENERAL RULE THAT NEW RULES DO NOT

11 APPLY.—Subject to the succeeding provisions of this

12 subsection, in the case of an alien who is in exclu13 sion or deportation proceedings as of the title III–

14 A effective date—

15 (A) the amendments made by this subtitle

16 shall not apply, and

17 (B) the proceedings (including judicial re18 view thereof) shall continue to be conducted

19 without regard to such amendments.

20 (2) ATTORNEY GENERAL OPTION TO ELECT TO

21 APPLY NEW PROCEDURES.—In a case described in

22 paragraph (1) in which an evidentiary hearing under

23 section 236 or 242 and 242B of the Immigration

24 and Nationality Act has not commenced as of the

25 title III–A effective date, the Attorney General may
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1 elect to proceed under chapter 4 of title II of such

2 Act (as amended by this subtitle). The Attorney

3 General shall provide notice of such election to the

4 alien involved not later than 30 days before the date

5 any evidentiary hearing is commenced. If the Attor6 ney General makes such election, the notice of hear7 ing provided to the alien under section 235 or

8 242(a) of such Act shall be valid as if provided

9 under section 239 of such Act (as amended by this

10 subtitle) to confer jurisdiction on the immigration

11 judge.

12 (3) ATTORNEY GENERAL OPTION TO TERMI13 NATE AND REINITIATE PROCEEDINGS.—In the case

14 described in paragraph (1), the Attorney General

15 may elect to terminate proceedings in which there

16 has not been a final administrative decision and to

17 reinitiate proceedings under chapter 4 of title II the

18 Immigration and Nationality Act (as amended by

19 this subtitle). Any determination in the terminated

20 proceeding shall not be binding in the reinitiated

21 proceeding.

22 (4) TRANSITIONAL CHANGES IN JUDICIAL RE23 VIEW.—In the case described in paragraph (1) in

24 which a final order of exclusion or deportation is en25 tered more than 30 days after the date of the enact-
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1 ment of this Act, notwithstanding any provision of

2 section 106 of the Immigration and Nationality Act

3 (as in effect as of the date of the enactment of this

4 Act) to the contrary—

5 (A) in the case of judicial review of a final

6 order of exclusion, subsection (b) of such sec7 tion shall not apply and the action for judicial

8 review shall be governed by the provisions of

9 subsections (a) and (c) of such in the same

10 manner as they apply to judicial review of or11 ders of deportation;

12 (B) a court may not order the taking of

13 additional evidence under section 2347(c) of

14 title 28, United States Code;

15 (C) the petition for judicial review must be

16 filed not later than 30 days after the date of

17 the final order of exclusion or deportation;

18 (D) the petition for review shall be filed

19 with the court of appeals for the judicial circuit

20 in which the administrative proceedings before

21 the special inquiry officer or immigration judge

22 were completed;

23 (E) there shall be no appeal of any discre24 tionary decision under section 212(c), 212(h),

25 212(i), 244, or 245 of the Immigration and Na-
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1 tionality Act (as in effect as of the date of the

2 enactment of this Act);

3 (F) service of the petition for review shall

4 not stay the deportation of an alien pending the

5 court’s decision on the petition, unless the court

6 orders otherwise; and

7 (G) there shall be no appeal permitted in

8 the case of an alien who is inadmissible or de9 portable by reason of having committed a crimi10 nal offense covered in section 212(a)(2) or sec11 tion 241(a)(2)(A)(iii), (B), (C), or (D) of the

12 Immigration and Nationality Act (as in effect

13 as of the date of the enactment of this Act), or

14 any offense covered by section 241(a)(2)(A)(ii)

15 of such Act (as in effect on such date) for

16 which both predicate offenses are, without re17 gard to their date of commission, otherwise cov18 ered by section 241(a)(2)(A)(i) of such Act (as

19 so in effect).

20 (5) TRANSITIONAL RULE WITH REGARD TO

21 SUSPENSION OF DEPORTATION.—Paragraphs (1)

22 and (2) of section 240A(d) of the Immigration and

23 Nationality Act (relating to continuous residence or

24 physical presence) shall apply to notices to appear
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1 issued before, on, or after the date of the enactment

2 of this Act.

3 (6) TRANSITION FOR CERTAIN FAMILY UNITY

4 ALIENS.—The Attorney General may waive the ap5 plication of section 212(a)(9) of the Immigration

6 and Nationality Act, as inserted by section

7 301(b)(1) of this division, in the case of an alien

8 who is provided benefits under the provisions of sec9 tion 301 of the Immigration Act of 1990 (relating

10 to family unity).

11 (7) LIMITATION ON SUSPENSION OF DEPORTA12 TION.—The Attorney General may not suspend the

13 deportation and adjust the status under section 244

14 of the Immigration and Nationality Act of more

15 than 4,000 aliens in any fiscal year (beginning after

16 the date of the enactment of this Act). The previous

17 sentence shall apply regardless of when an alien ap18 plied for such suspension and adjustment.

19 (d) TRANSITIONAL REFERENCES.—For purposes of

20 carrying out the Immigration and Nationality Act, as

21 amended by this subtitle—

22 (1) any reference in section 212(a)(1)(A) of

23 such Act to the term ‘‘inadmissible’’ is deemed to in24 clude a reference to the term ‘‘excludable’’, and
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1 (2) any reference in law to an order of removal

2 shall be deemed to include a reference to an order

3 of exclusion and deportation or an order of deporta4 tion.

5 (e) TRANSITION.—No period of time before the date

6 of the enactment of this Act shall be included in the period

7 of 1 year described in section 212(a)(6)(B)(i) of the Immi8 gration and Nationality Act (as amended by section 301(c)

9 of this division).

10 Subtitle B—Criminal Alien

11 Provisions

12 SEC. 321. AMENDED DEFINITION OF AGGRAVATED FELONY.

13 (a) IN GENERAL.—Section 101(a)(43) (8 U.S.C.

14 1101(a)(43)), as amended by section 441(e) of the

15 Antiterrorism and Effective Death Penalty Act of 1996

16 (P.L. 104–132), is amended—

17 (1) in subparagraph (A), by inserting ‘‘, rape,

18 or sexual abuse of a minor’’ after ‘‘murder’’;

19 (2) in subparagraph (D), by striking

20 ‘‘$100,000’’ and inserting ‘‘$10,000’’;

21 (3) in subparagraphs (F), (G), (N), and (P), by

22 striking ‘‘is at least 5 years’’ each place it appears

23 and inserting ‘‘at least one year’’;
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1 (4) in subparagraph (J), by striking ‘‘sentence

2 of 5 years’ imprisonment’’ and inserting ‘‘sentence

3 of one year imprisonment’’;

4 (5) in subparagraph (K)(ii), by inserting ‘‘if

5 committed’’ before ‘‘for commercial advantage’’;

6 (6) in subparagraph (L)—

7 (A) by striking ‘‘or’’ at the end of clause

8 (i),

9 (B) by inserting ‘‘or’’ at the end of clause

10 (ii), and

11 (C) by adding at the end the following new

12 clause:

13 ‘‘(iii) section 601 of the National Se14 curity Act of 1947 (relating to protecting

15 the identity of undercover agents);’’;

16 (7) in subparagraph (M), by striking

17 ‘‘$200,000’’ each place it appears and inserting

18 ‘‘$10,000’’;

19 (8) in subparagraph (N), by striking ‘‘for which

20 the term’’ and all that follows and inserting the fol21 lowing: ‘‘, except in the case of a first offense for

22 which the alien has affirmatively shown that the

23 alien committed the offense for the purpose of as24 sisting, abetting, or aiding only the alien’s spouse,
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1 child, or parent (and no other individual) to violate

2 a provision of this Act’’;

3 (9) in subparagraph (P), by striking ‘‘18

4 months’’ and inserting ‘‘12 months, except in the

5 case of a first offense for which the alien has affirm6 atively shown that the alien committed the offense

7 for the purpose of assisting, abetting, or aiding only

8 the alien’s spouse, child, or parent (and no other in9 dividual) to violate a provision of this Act’’;

10 (10) in subparagraph (R), by striking ‘‘for

11 which a sentence of 5 years’ imprisonment or more

12 may be imposed’’ and inserting ‘‘for which the term

13 of imprisonment is at least one year’’; and

14 (11) in subparagraph (S), by striking ‘‘for

15 which a sentence of 5 years’ imprisonment or more

16 may be imposed’’ and inserting ‘‘for which the term

17 of imprisonment is at least one year’’.

18 (b) EFFECTIVE DATE OF DEFINITION.—Section

19 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended by adding

20 at the end the following new sentence: ‘‘Notwithstanding

21 any other provision of law (including any effective date),

22 the term applies regardless of whether the conviction was

23 entered before, on, or after the date of enactment of this

24 paragraph.’’.
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1 (c) EFFECTIVE DATE.—The amendments made by

2 this section shall apply to actions taken on or after the

3 date of the enactment of this Act, regardless of when the

4 conviction occurred, and shall apply under section 276(b)

5 of the Immigration and Nationality Act only to violations

6 of section 276(a) of such Act occurring on or after such

7 date.

8 SEC. 322. DEFINITION OF CONVICTION AND TERM OF IM9 PRISONMENT.

10 (a) DEFINITION.—

11 (1) IN GENERAL.—Section 101(a) (8 U.S.C.

12 1101(a)) is amended by adding at the end the fol13 lowing new paragraph:

14 ‘‘(48)(A) The term ‘conviction’ means, with respect

15 to an alien, a formal judgment of guilt of the alien entered

16 by a court or, if adjudication of guilt has been withheld,

17 where—

18 ‘‘(i) a judge or jury has found the alien guilty

19 or the alien has entered a plea of guilty or nolo

20 contendere or has admitted sufficient facts to war21 rant a finding of guilt, and

22 ‘‘(ii) the judge has ordered some form of pun23 ishment, penalty, or restraint on the alien’s liberty

24 to be imposed.
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1 ‘‘(B) Any reference to a term of imprisonment or a

2 sentence with respect to an offense is deemed to include

3 the period of incarceration or confinement ordered by a

4 court of law regardless of any suspension of the imposition

5 or execution of that imprisonment or sentence in whole

6 or in part.’’.

7 (2) CONFORMING AMENDMENTS.—

8 (A) Section 101(a)(43) (8 U.S.C.

9 1101(a)(43)) is amended by striking ‘‘imposed

10 (regardless of any suspension of imprison11 ment)’’ each place it appears in subparagraphs

12 (F), (G), (N), and (P).

13 (B) Section 212(a)(2)(B) (8 U.S.C.

14 1182(a)(2)(B)) is amended by striking ‘‘actu15 ally imposed’’.

16 (b) REFERENCE TO PROOF PROVISIONS.—For provi17 sions relating to proof of convictions, see subparagraphs

18 (B) and (C) of section 240(c)(3) of the Immigration and

19 Nationality Act, as inserted by section 304(a)(3) of this

20 division.

21 (c) EFFECTIVE DATE.—The amendments made by

22 subsection (a) shall apply to convictions and sentences en23 tered before, on, or after the date of the enactment of this

24 Act. Subparagraphs (B) and (C) of section 240(c)(3) of

25 the Immigration and Nationality Act, as inserted by sec-
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1 tion 304(a)(3) of this division, shall apply to proving such

2 convictions.

3 SEC. 323. AUTHORIZING REGISTRATION OF ALIENS ON

4 CRIMINAL PROBATION OR CRIMINAL PA5 ROLE.

6 Section 263(a) (8 U.S.C. 1303(a)) is amended by

7 striking ‘‘and (5)’’ and inserting ‘‘(5) aliens who are or

8 have been on criminal probation or criminal parole within

9 the United States, and (6)’’.

10 SEC. 324. PENALTY FOR REENTRY OF DEPORTED ALIENS.

11 (a) IN GENERAL.—Section 276(a)(1) (8 U.S.C.

12 1326(a)(1)) is amended to read as follows:

13 ‘‘(1) has been arrested and deported, has been

14 excluded and deported, or has departed the United

15 States while an order of exclusion or deportation is

16 outstanding, and thereafter’’.

17 (b) TREATMENT OF STIPULATIONS.—The last sen18 tence of section 276(b) (8 U.S.C. 1326(b)) is amended by

19 inserting ‘‘(or not during)’’ after ‘‘during’’.

20 (c) EFFECTIVE DATE.—The amendment made by

21 subsection (a) shall apply to departures that occurred be22 fore, on, or after the date of the enactment of this Act,

23 but only with respect to entries (and attempted entries)

24 occurring on or after such date.
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1 SEC. 325. CHANGE IN FILING REQUIREMENT.

2 Section 2424 of title 18, United States Code, is

3 amended—

4 (1) in the first undesignated paragraph of sub5 section (a)—

6 (A) by striking ‘‘alien’’ each place it ap7 pears;

8 (B) by inserting after ‘‘individual’’ the first

9 place it appears the following: ‘‘, knowing or in

10 reckless disregard of the fact that the individual

11 is an alien’’; and

12 (C) by striking ‘‘within three years after

13 that individual has entered the United States

14 from any country, party to the arrangement

15 adopted July 25, 1902, for the suppression of

16 the white-slave traffic’’;

17 (2) in the second undesignated paragraph of

18 subsection (a)—

19 (A) by striking ‘‘thirty’’ and inserting ‘‘five

20 business’’; and

21 (B) by striking ‘‘within three years after

22 that individual has entered the United States

23 from any country, party to the said arrange24 ment for the suppression of the white-slave

25 traffic,’’; and
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1 (3) in the text following the third undesignated

2 paragraph of subsection (a), by striking ‘‘two’’ and

3 inserting ‘‘10’’.

4 SEC. 326. CRIMINAL ALIEN IDENTIFICATION SYSTEM.

5 Subsection (a) of section 130002 of the Violent Crime

6 Control and Law Enforcement Act of 1994 (Public Law

7 103–322), as amended by section 432 of Public Law 104–

8 132, is amended to read as follows:

9 ‘‘(a) OPERATION AND PURPOSE.—The Commissioner

10 of Immigration and Naturalization shall, under the au11 thority of section 242(a)(3)(A) of the Immigration and

12 Nationality Act operate a criminal alien identification sys13 tem. The criminal alien identification system shall be used

14 to assist Federal, State, and local law enforcement agen15 cies in identifying and locating aliens who may be subject

16 to removal by reason of their conviction of aggravated felo17 nies, subject to prosecution under section 275 of such Act,

18 not lawfully present in the United States, or otherwise re19 movable. Such system shall include providing for recording

20 of fingerprint records of aliens who have been previously

21 arrested and removed into appropriate automated finger22 print identification systems.’’.
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1 SEC. 327. APPROPRIATIONS FOR CRIMINAL ALIEN TRACK2 ING CENTER.

3 Section 130002(b) of the Violent Crime Control and

4 Law Enforcement Act of 1994 (8 U.S.C. 1252 note) is

5 amended—

6 (1) by inserting ‘‘and’’ after ‘‘1996;’’, and

7 (2) by striking paragraph (2) and all that fol8 lows through the period at the end and inserting the

9 following:

10 ‘‘(2) $5,000,000 for each of fiscal years 1997

11 through 2001.’’.

12 SEC. 328. PROVISIONS RELATING TO STATE CRIMINAL

13 ALIEN ASSISTANCE PROGRAM.

14 (a) MODIFICATION OF AUTHORITY.—

15 (1) IN GENERAL.—Section 241(i), as redesig16 nated by section 306(a)(1) of this division, is

17 amended—

18 (A) in paragraph (3)(A), by striking ‘‘fel19 ony and sentenced to a term of imprisonment’’

20 and inserting ‘‘felony or two or more mis21 demeanors’’, and

22 (B) by adding at the end the following new

23 paragraph:

24 ‘‘(6) To the extent of available appropriations,

25 funds otherwise made available under this section

26 with respect to a State (or political subdivision, in-
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1 cluding a municipality) for incarceration of an un2 documented criminal alien may, at the discretion of

3 the recipient of the funds, be used for the costs of

4 imprisonment of such alien in a State, local, or mu5 nicipal prison or jail.’’.

6 (2) EFFECTIVE DATE.—The amendment made

7 by paragraph (1) shall apply beginning with fiscal

8 year 1997.

9 (b) SENSE OF THE CONGRESS WITH RESPECT TO

10 PROGRAM.—

11 (1) FINDINGS.—The Congress finds as follows:

12 (A) Of the $130,000,000 appropriated in

13 fiscal year 1995 for the State Criminal Alien

14 Assistance Program, the Department of Justice

15 disbursed the first $43,000,000 to States on

16 October 6, 1994, 32 days before the 1994 gen17 eral election, and then failed to disburse the re18 maining $87,000,000 until January 31, 1996,

19 123 days after the end of fiscal year 1995.

20 (B) While H.R. 2880, the continuing ap21 propriation measure funding certain operations

22 of the Federal Government from January 26,

23 1996 to March 15, 1996, included $66,000,000

24 to reimburse States for the cost of incarcerating

25 documented illegal immigrant felons, the De-
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1 partment of Justice failed to disburse any of

2 the funds to the States during the period of the

3 continuing appropriation.

4 (2) SENSE OF THE CONGRESS.—It is the sense

5 of the Congress that—

6 (A) the Department of Justice was dis7 turbingly slow in disbursing fiscal year 1995

8 funds under the State Criminal Alien Assist9 ance Program to States after the initial grants

10 were released just prior to the 1994 election;

11 and

12 (B) the Attorney General should make it a

13 high priority to expedite the disbursement of

14 Federal funds intended to reimburse States for

15 the cost of incarcerating illegal immigrants,

16 aiming for all State Criminal Alien Assistance

17 Program funds to be disbursed during the fiscal

18 year for which they are appropriated.

19 SEC. 329. DEMONSTRATION PROJECT FOR IDENTIFICATION

20 OF ILLEGAL ALIENS IN INCARCERATION FA21 CILITY OF ANAHEIM, CALIFORNIA.

22 (a) AUTHORITY.—The Attorney General shall con23 duct a project demonstrating the feasibility of identifying,

24 from among the individuals who are incarcerated in local

25 governmental prison facilities prior to arraignment on
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1 criminal charges, those individuals who are aliens unlaw2 fully present in the United States.

3 (b) DESCRIPTION OF PROJECT.—The project author4 ized by subsection (a) shall include—

5 (1) the detail to incarceration facilities within

6 the city of Anaheim, California and the county of

7 Ventura, California, of an employee of the Immigra8 tion and Naturalization Service who has expertise in

9 the identification of aliens unlawfully in the United

10 States, and

11 (2) provision of funds sufficient to provide

12 for—

13 (A) access for such employee to records of

14 the Service necessary to identify such aliens,

15 and

16 (B) in the case of an individual identified

17 as such an alien, pre-arraignment reporting to

18 the court regarding the Service’s intention to

19 remove the alien from the United States.

20 (c) TERMINATION.—The authority under this section

21 shall cease to be effective 6 months after the date of the

22 enactment of this Act.

23 SEC. 330. PRISONER TRANSFER TREATIES.

24 (a) NEGOTIATIONS WITH OTHER COUNTRIES.—(1)

25 Congress advises the President to begin to negotiate and
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1 renegotiate, not later than 90 days after the date of enact2 ment of this Act, bilateral prisoner transfer treaties, pro3 viding for the incarceration, in the country of the alien’s

4 nationality, of any alien who—

5 (A) is a national of a country that is party to

6 such a treaty; and

7 (B) has been convicted of a criminal offense

8 under Federal or State law and who—

9 (i) is not in lawful immigration status in

10 the United States, or

11 (ii) on the basis of conviction for a crimi12 nal offense under Federal or State law, or on

13 any other basis, is subject to deportation or re14 moval under the Immigration and Nationality

15 Act,

16 for the duration of the prison term to which the alien was

17 sentenced for the offense referred to in subparagraph (B).

18 Any such agreement may provide for the release of such

19 alien pursuant to parole procedures of that country.

20 (2) In entering into negotiations under paragraph

21 (1), the President may consider providing for appropriate

22 compensation, subject to the availability of appropriations,

23 in cases where the United States is able to independently

24 verify the adequacy of the sites where aliens will be impris-
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1 oned and the length of time the alien is actually incarcer2 ated in the foreign country under such a treaty.

3 (b) SENSE OF CONGRESS.—It is the sense of the

4 Congress that—

5 (1) the focus of negotiations for such agree6 ments should be—

7 (A) to expedite the transfer of aliens un8 lawfully in the United States who are (or are

9 about to be) incarcerated in United States pris10 ons,

11 (B) to ensure that a transferred prisoner

12 serves the balance of the sentence imposed by

13 the United States courts,

14 (C) to eliminate any requirement of pris15 oner consent to such a transfer, and

16 (D) to allow the Federal Government or

17 the States to keep their original prison sen18 tences in force so that transferred prisoners

19 who return to the United States prior to the

20 completion of their original United States sen21 tences can be returned to custody for the bal22 ance of their prison sentences;

23 (2) the Secretary of State should give priority

24 to concluding an agreement with any country for

25 which the President determines that the number of
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1 aliens described in subsection (a) who are nationals

2 of that country in the United States represents a

3 significant percentage of all such aliens in the Unit4 ed States; and

5 (3) no new treaty providing for the transfer of

6 aliens from Federal, State, or local incarceration fa7 cilities to a foreign incarceration facility should per8 mit the alien to refuse the transfer.

9 (c) PRISONER CONSENT.—Notwithstanding any

10 other provision of law, except as required by treaty, the

11 transfer of an alien from a Federal, State, or local incar12 ceration facility under an agreement of the type referred

13 to in subsection (a) shall not require consent of the alien.

14 (d) ANNUAL REPORT.—Not later than 90 days after

15 the date of the enactment of this Act, and annually there16 after, the Attorney General shall submit a report to the

17 Committees on the Judiciary of the House of Representa18 tives and of the Senate stating whether each prisoner

19 transfer treaty to which the United States is a party has

20 been effective in the preceding 12 months in bringing

21 about the return of deportable incarcerated aliens to the

22 country of which they are nationals and in ensuring that

23 they serve the balance of their sentences.

24 (e) TRAINING FOREIGN LAW ENFORCEMENT PER25 SONNEL.—(1) Subject to paragraph (2), the President
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1 shall direct the Border Patrol Academy and the Customs

2 Service Academy to enroll for training an appropriate

3 number of foreign law enforcement personnel, and shall

4 make appointments of foreign law enforcement personnel

5 to such academies, as necessary to further the following

6 United States law enforcement goals:

7 (A) Preventing of drug smuggling and other

8 cross-border criminal activity.

9 (B) Preventing illegal immigration.

10 (C) Preventing the illegal entry of goods into

11 the United States (including goods the sale of which

12 is illegal in the United States, the entry of which

13 would cause a quota to be exceeded, or the appro14 priate duty or tariff for which has not been paid).

15 (2) The appointments described in paragraph (1)

16 shall be made only to the extent there is capacity in such

17 academies beyond what is required to train United States

18 citizens needed in the Border Patrol and Customs Service,

19 and only of personnel from a country with which the pris20 oner transfer treaty has been stated to be effective in the

21 most recent report referred to in subsection (d).

22 (f) AUTHORIZATION OF APPROPRIATIONS.—There

23 are authorized to be appropriated such sums as may be

24 necessary to carry out this section.
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1 SEC. 331. PRISONER TRANSFER TREATIES STUDY.

2 (a) REPORT TO CONGRESS.—Not later than 180 days

3 after the date of the enactment of this Act, the Secretary

4 of State and the Attorney General shall submit to the

5 Committees on the Judiciary of the House of Representa6 tives and of the Senate a report that describes the use

7 and effectiveness of the prisoner transfer treaties with the

8 three countries with the greatest number of their nationals

9 incarcerated in the United States in removing from the

10 United States such incarcerated nationals.

11 (b) USE OF TREATY.—The report under subsection

12 (a) shall include—

13 (1) the number of aliens convicted of a criminal

14 offense in the United States since November 30,

15 1977, who would have been or are eligible for trans16 fer pursuant to the treaties;

17 (2) the number of aliens described in paragraph

18 (1) who have been transferred pursuant to the trea19 ties;

20 (3) the number of aliens described in paragraph

21 (2) who have been incarcerated in full compliance

22 with the treaties;

23 (4) the number of aliens who are incarcerated

24 in a penal institution in the United States who are

25 eligible for transfer pursuant to the treaties; and
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1 (5) the number of aliens described in paragraph

2 (4) who are incarcerated in Federal, State, and local

3 penal institutions in the United States.

4 (c) RECOMMENDATIONS.—The report under sub5 section (a) shall include the recommendations of the Sec6 retary of State and the Attorney General to increase the

7 effectiveness and use of, and full compliance with, the

8 treaties. In considering the recommendations under this

9 subsection, the Secretary and the Attorney General shall

10 consult with such State and local officials in areas dis11 proportionately impacted by aliens convicted of criminal

12 offenses as the Secretary and the Attorney General con13 sider appropriate. Such recommendations shall address—

14 (1) changes in Federal laws, regulations, and

15 policies affecting the identification, prosecution, and

16 deportation of aliens who have committed criminal

17 offenses in the United States;

18 (2) changes in State and local laws, regulations,

19 and policies affecting the identification, prosecution,

20 and deportation of aliens who have committed a

21 criminal offense in the United States;

22 (3) changes in the treaties that may be nec23 essary to increase the number of aliens convicted of

24 criminal offenses who may be transferred pursuant

25 to the treaties;
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1 (4) methods for preventing the unlawful reentry

2 into the United States of aliens who have been con3 victed of criminal offenses in the United States and

4 transferred pursuant to the treaties;

5 (5) any recommendations by appropriate offi6 cials of the appropriate government agencies of such

7 countries regarding programs to achieve the goals

8 of, and ensure full compliance with, the treaties;

9 (6) whether the recommendations under this

10 subsection require the renegotiation of the treaties;

11 and

12 (7) the additional funds required to implement

13 each recommendation under this subsection.

14 SEC. 332. ANNUAL REPORT ON CRIMINAL ALIENS.

15 Not later than 12 months after the date of the enact16 ment of this Act, and annually thereafter, the Attorney

17 General shall submit to the Committees on the Judiciary

18 of the House of Representatives and of the Senate a report

19 detailing—

20 (1) the number of illegal aliens incarcerated in

21 Federal and State prisons for having committed felo22 nies, stating the number incarcerated for each type

23 of offense;

24 (2) the number of illegal aliens convicted of

25 felonies in any Federal or State court, but not sen-
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1 tenced to incarceration, in the year before the report

2 was submitted, stating the number convicted for

3 each type of offense;

4 (3) programs and plans underway in the De5 partment of Justice to ensure the prompt removal

6 from the United States of criminal aliens subject to

7 removal; and

8 (4) methods for identifying and preventing the

9 unlawful reentry of aliens who have been convicted

10 of criminal offenses in the United States and re11 moved from the United States.

12 SEC. 333. PENALTIES FOR CONSPIRING WITH OR ASSISTING

13 AN ALIEN TO COMMIT AN OFFENSE UNDER

14 THE CONTROLLED SUBSTANCES IMPORT AND

15 EXPORT ACT.

16 (a) REVIEW OF GUIDELINES.—Not later than 6

17 months after the date of the enactment of this Act, the

18 United States Sentencing Commission shall conduct a re19 view of the guidelines applicable to an offender who con20 spires with, or aids or abets, a person who is not a citizen

21 or national of the United States in committing any offense

22 under section 1010 of the Controlled Substance Import

23 and Export Act (21 U.S.C. 960).

24 (b) REVISION OF GUIDELINES.—Following such re25 view, pursuant to section 994(p) of title 28, United States
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1 Code, the Commission shall promulgate sentencing guide2 lines or amend existing sentencing guidelines to ensure an

3 appropriately stringent sentence for such offenders.

4 SEC. 334. ENHANCED PENALTIES FOR FAILURE TO DEPART,

5 ILLEGAL REENTRY, AND PASSPORT AND VISA

6 FRAUD.

7 (a) FAILING TO DEPART.—The United States Sen8 tencing Commission shall promptly promulgate, pursuant

9 to section 994 of title 28, United States Code, amend10 ments to the sentencing guidelines to make appropriate

11 increases in the base offense level for offenses under sec12 tion 242(e) and 276(b) of the Immigration and National13 ity Act (8 U.S.C. 1252(e) and 1326(b)) to reflect the

14 amendments made by section 130001 of the Violent Crime

15 Control and Law Enforcement Act of 1994.

16 (b) PASSPORT AND VISA OFFENSES.—The United

17 States Sentencing Commission shall promptly promulgate,

18 pursuant to section 994 of title 28, United States Code,

19 amendments to the sentencing guidelines to make appro20 priate increases in the base offense level for offenses under

21 chapter 75 of title 18, United States Code to reflect the

22 amendments made by section 130009 of the Violent Crime

23 Control and Law Enforcement Act of 1994.
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1 Subtitle C—Revision of Grounds

2 for Exclusion and Deportation

3 SEC. 341. PROOF OF VACCINATION REQUIREMENT FOR IM4 MIGRANTS.

5 (a) IN GENERAL.—Section 212(a)(1)(A) (8 U.S.C.

6 1182(a)(1)(A)) is amended—

7 (1) by redesignating clauses (ii) and (iii) as

8 clauses (iii) and (iv), respectively, and

9 (2) by inserting after clause (i) the following

10 new clause:

11 ‘‘(ii) who seeks admission as an immi12 grant, or who seeks adjustment of status

13 to the status of an alien lawfully admitted

14 for permanent residence, and who has

15 failed to present documentation of having

16 received vaccination against vaccine-pre17 ventable diseases, which shall include at

18 least the following diseases: mumps, mea19 sles, rubella, polio, tetanus and diphtheria

20 toxoids, pertussis, influenza type B and

21 hepatitis B, and any other vaccinations

22 against vaccine-preventable diseases rec23 ommended by the Advisory Committee for

24 Immunization Practices,’’.
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1 (b) WAIVER.—Section 212(g) (8 U.S.C. 1182(g)) is

2 amended by striking ‘‘, or’’ at the end of paragraph (1)

3 and all that follows and inserting a semicolon and the fol4 lowing:

5 ‘‘in accordance with such terms, conditions, and con6 trols, if any, including the giving of bond, as the At7 torney General, in the discretion of the Attorney

8 General after consultation with the Secretary of

9 Health and Human Services, may by regulation pre10 scribe;

11 ‘‘(2) subsection (a)(1)(A)(ii) in the case of any

12 alien—

13 ‘‘(A) who receives vaccination against the

14 vaccine-preventable disease or diseases for

15 which the alien has failed to present docu16 mentation of previous vaccination,

17 ‘‘(B) for whom a civil surgeon, medical of18 ficer, or panel physician (as those terms are de19 fined by section 34.2 of title 42 of the Code of

20 Federal Regulations) certifies, according to

21 such regulations as the Secretary of Health and

22 Human Services may prescribe, that such vac23 cination would not be medically appropriate, or

24 ‘‘(C) under such circumstances as the At25 torney General provides by regulation, with re-
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1 spect to whom the requirement of such a vac2 cination would be contrary to the alien’s reli3 gious beliefs or moral convictions; or

4 ‘‘(3) subsection (a)(1)(A)(iii) in the case of any

5 alien, in accordance with such terms, conditions, and

6 controls, if any, including the giving of bond, as the

7 Attorney General, in the discretion of the Attorney

8 General after consultation with the Secretary of

9 Health and Human Services, may by regulation pre10 scribe.’’.

11 (c) EFFECTIVE DATE.—The amendments made by

12 this section shall apply with respect to applications for im13 migrant visas or for adjustment of status filed after Sep14 tember 30, 1996.

15 SEC. 342. INCITEMENT OF TERRORIST ACTIVITY AND PRO16 VISION OF FALSE DOCUMENTATION TO TER17 RORISTS AS A BASIS FOR EXCLUSION FROM

18 THE UNITED STATES.

19 (a) IN GENERAL.—Section 212(a)(3)(B) (8 U.S.C.

20 1182(a)(3)(B)) is amended—

21 (1) by redesignating subclauses (III) and (IV)

22 of clause (i) as subclauses (IV) and (V), respectively;

23 (2) by inserting after subclause (II) of clause

24 (i) the following new subclause:
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1 ‘‘(III) has, under circumstances

2 indicating an intention to cause death

3 or serious bodily harm, incited terror4 ist activity,’’; and

5 (3) in clause (iii)(III), by inserting ‘‘documenta6 tion or’’ before ‘‘identification’’;

7 (b) EFFECTIVE DATE.—The amendments made by

8 subsection (a) shall take effect on the date of the enact9 ment of this Act and shall apply to incitement regardless

10 of when it occurs.

11 SEC. 343. CERTIFICATION REQUIREMENTS FOR FOREIGN

12 HEALTH-CARE WORKERS.

13 Section 212(a)(5) (8 U.S.C. 1182(a)(5)) is amend14 ed—

15 (1) by redesignating subparagraph (C) as sub16 paragraph (D), and

17 (2) by inserting after subparagraph (B) the fol18 lowing new subparagraph:

19 ‘‘(C) UNCERTIFIED FOREIGN HEALTH20 CARE WORKERS.—Any alien who seeks to enter

21 the United States for the purpose of performing

22 labor as a health-care worker, other than a phy23 sician, is excludable unless the alien presents to

24 the consular officer, or, in the case of an ad25 justment of status, the Attorney General, a cer-
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1 tificate from the Commission on Graduates of

2 Foreign Nursing Schools, or a certificate from

3 an equivalent independent credentialing organi4 zation approved by the Attorney General in con5 sultation with the Secretary of Health and

6 Human Services, verifying that—

7 ‘‘(i) the alien’s education, training, li8 cense, and experience—

9 ‘‘(I) meet all applicable statutory

10 and regulatory requirements for entry

11 into the United States under the clas12 sification specified in the application;

13 ‘‘(II) are comparable with that

14 required for an American health-care

15 worker of the same type; and

16 ‘‘(III) are authentic and, in the

17 case of a license, unencumbered;

18 ‘‘(ii) the alien has the level of com19 petence in oral and written English consid20 ered by the Secretary of Health and

21 Human Services, in consultation with the

22 Secretary of Education, to be appropriate

23 for health care work of the kind in which

24 the alien will be engaged, as shown by an

25 appropriate score on one or more nation-
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1 ally recognized, commercially available,

2 standardized assessments of the applicant’s

3 ability to speak and write; and

4 ‘‘(iii) if a majority of States licensing

5 the profession in which the alien intends to

6 work recognize a test predicting the suc7 cess on the profession’s licensing or certifi8 cation examination, the alien has passed

9 such a test or has passed such an examina10 tion.

11 For purposes of clause (ii), determination of the

12 standardized tests required and of the minimum

13 scores that are appropriate are within the sole

14 discretion of the Secretary of Health and

15 Human Services and are not subject to further

16 administrative or judicial review.’’.

17 SEC. 344. REMOVAL OF ALIENS FALSELY CLAIMING UNITED

18 STATES CITIZENSHIP.

19 (a) EXCLUSION OF ALIENS WHO HAVE FALSELY

20 CLAIMED UNITED STATES CITIZENSHIP.—Section

21 212(a)(6)(C) (8 U.S.C. 1182(a)(6)(C)) is amended—

22 (1) by redesignating clause (ii) as clause (iii),

23 and

24 (2) by inserting after clause (i) the following

25 new clause:
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1 ‘‘(ii) FALSELY CLAIMING CITIZEN2 SHIP.—Any alien who falsely represents, or

3 has falsely represented, himself or herself

4 to be a citizen of the United States for any

5 purpose or benefit under this Act (includ6 ing section 274A) or any other Federal or

7 State law is excludable.’’.

8 (b) DEPORTATION OF ALIENS WHO HAVE FALSELY

9 CLAIMED UNITED STATES CITIZENSHIP.—Section

10 241(a)(3) (8 U.S.C. 1251(a)(3)) is amended by adding at

11 the end the following new subparagraph:

12 ‘‘(D) FALSELY CLAIMING CITIZENSHIP.—

13 Any alien who falsely represents, or has falsely

14 represented, himself to be a citizen of the Unit15 ed States for any purpose or benefit under this

16 Act (including section 274A) or any Federal or

17 State law is deportable.’’.

18 (c) EFFECTIVE DATE.—The amendments made by

19 this section shall apply to representations made on or after

20 the date of the enactment of this Act.

21 SEC. 345. WAIVER OF EXCLUSION AND DEPORTATION

22 GROUND FOR CERTAIN SECTION 274C VIOLA23 TORS.

24 (a) EXCLUSION GROUNDS.—Section 212 (8 U.S.C.

25 1182) is amended—
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1 (1) by amending subparagraph (F) of sub2 section (a)(6) to read as follows:

3 ‘‘(F) SUBJECT OF CIVIL PENALTY.—

4 ‘‘(i) IN GENERAL.—An alien who is

5 the subject of a final order for violation of

6 section 274C is inadmissible.

7 ‘‘(ii) WAIVER AUTHORIZED.—For pro8 vision authorizing waiver of clause (i), see

9 subsection (d)(12).’’; and

10 (2) by adding at the end of subsection (d) the

11 following new paragraph:

12 ‘‘(12) The Attorney General may, in the discretion

13 of the Attorney General for humanitarian purposes or to

14 assure family unity, waive application of clause (i) of sub15 section (a)(6)(F)—

16 ‘‘(A) in the case of an alien lawfully admitted

17 for permanent residence who temporarily proceeded

18 abroad voluntarily and not under an order of depor19 tation or removal and who is otherwise admissible to

20 the United States as a returning resident under sec21 tion 211(b), and

22 ‘‘(B) in the case of an alien seeking admission

23 or adjustment of status under section 201(b)(2)(A)

24 or under section 203(a),
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1 if no previous civil money penalty was imposed against the

2 alien under section 274C and the offense was committed

3 solely to assist, aid, or support the alien’s spouse or child

4 (and not another individual). No court shall have jurisdic5 tion to review a decision of the Attorney General to grant

6 or deny a waiver under this paragraph.’’.

7 (b) GROUND OF DEPORTATION.—Subparagraph (C)

8 of section 241(a)(3) (8 U.S.C. 1251(a)(3)), before redesig9 nation by section 305(a)(2) of this division, is amended

10 to read as follows:

11 ‘‘(C) DOCUMENT FRAUD.—

12 ‘‘(i) IN GENERAL.—An alien who is

13 the subject of a final order for violation of

14 section 274C is deportable.

15 ‘‘(ii) WAIVER AUTHORIZED.—The At16 torney General may waive clause (i) in the

17 case of an alien lawfully admitted for per18 manent residence if no previous civil

19 money penalty was imposed against the

20 alien under section 274C and the offense

21 was incurred solely to assist, aid, or sup22 port the alien’s spouse or child (and no

23 other individual). No court shall have juris24 diction to review a decision of the Attorney
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1 General to grant or deny a waiver under

2 this clause.’’.

3 SEC. 346. INADMISSIBILITY OF CERTAIN STUDENT VISA

4 ABUSERS.

5 (a) IN GENERAL.—Section 212(a)(6) (8 U.S.C.

6 1182(a)(6)) is amended by adding at the end the following

7 new subparagraph:

8 ‘‘(G) STUDENT VISA ABUSERS.—An alien

9 who obtains the status of a nonimmigrant

10 under section 101(a)(15)(F)(i) and who violates

11 a term or condition of such status under section

12 214(l) is excludable until the alien has been

13 outside the United States for a continuous pe14 riod of 5 years after the date of the violation.’’.

15 (b) EFFECTIVE DATE.—The amendment made by

16 subsection (a) shall apply to aliens who obtain the status

17 of a nonimmigrant under section 101(a)(15)(F) of the Im18 migration and Nationality Act after the end of the 60-

19 day period beginning on the date of the enactment of this

20 Act, including aliens whose status as such a nonimmigrant

21 is extended after the end of such period.

22 SEC. 347. REMOVAL OF ALIENS WHO HAVE UNLAWFULLY

23 VOTED.

24 (a) EXCLUSION OF ALIENS WHO HAVE UNLAW25 FULLY VOTED.—Section 212(a)(10) (8 U.S.C.
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1 1182(a)(10)), as redesignated by section 301(b) of this di2 vision, is amended by adding at the end the following new

3 subparagraph:

4 ‘‘(D) UNLAWFUL VOTERS.—Any alien who

5 has voted in violation of any Federal, State, or

6 local constitutional provision, statute, ordi7 nance, or regulation is excludable.’’.

8 (b) DEPORTATION OF ALIENS WHO HAVE UNLAW9 FULLY VOTED.—Section 241(a) (8 U.S.C. 1251(a)), be10 fore redesignation by section 305(a)(2) of this division, is

11 amended by adding at the end the following new para12 graph:

13 ‘‘(6) UNLAWFUL VOTERS.—Any alien who has

14 voted in violation of any Federal, State, or local con15 stitutional provision, statute, ordinance, or regula16 tion is deportable.’’.

17 (c) EFFECTIVE DATE.—The amendments made by

18 this section shall apply to voting occurring before, on, or

19 after the date of the enactment of this Act.

20 SEC. 348. WAIVERS FOR IMMIGRANTS CONVICTED OF

21 CRIMES.

22 (a) IN GENERAL.—Section 212(h) (8 U.S.C.

23 1182(h)) is amended by adding at the end the following:

24 ‘‘No waiver shall be granted under this subsection in the

25 case of an alien who has previously been admitted to the
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1 United States as an alien lawfully admitted for permanent

2 residence if either since the date of such admission the

3 alien has been convicted of an aggravated felony or the

4 alien has not lawfully resided continuously in the United

5 States for a period of not less than 7 years immediately

6 preceding the date of initiation of proceedings to remove

7 the alien from the United States. No court shall have ju8 risdiction to review a decision of the Attorney General to

9 grant or deny a waiver under this subsection.’’.

10 (b) EFFECTIVE DATE.—The amendment made by

11 subsection (a) shall be effective on the date of the enact12 ment of this Act and shall apply in the case of any alien

13 who is in exclusion or deportation proceedings as of such

14 date unless a final administrative order in such proceed15 ings has been entered as of such date.

16 SEC. 349. WAIVER OF MISREPRESENTATION GROUND OF IN17 ADMISSIBILITY FOR CERTAIN ALIEN.

18 Subsection (i) of section 212 (8 U.S.C. 1182) is

19 amended to read as follows:

20 ‘‘(i)(1) The Attorney General may, in the discretion

21 of the Attorney General, waive the application of clause

22 (i) of subsection (a)(6)(C) in the case of an immigrant

23 who is the spouse, son, or daughter of a United States

24 citizen or of an alien lawfully admitted for permanent resi25 dence if it is established to the satisfaction of the Attorney
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1 General that the refusal of admission to the United States

2 of such immigrant alien would result in extreme hardship

3 to the citizen or lawfully resident spouse or parent of such

4 an alien.

5 ‘‘(2) No court shall have jurisdiction to review a deci6 sion or action of the Attorney General regarding a waiver

7 under paragraph (1).’’.

8 SEC. 350. OFFENSES OF DOMESTIC VIOLENCE AND STALK9 ING AS GROUND FOR DEPORTATION.

10 (a) IN GENERAL.—Section 241(a)(2) (8 U.S.C.

11 1251(a)(2)) is amended by adding at the end the follow12 ing:

13 ‘‘(E) CRIMES OF DOMESTIC VIOLENCE,

14 STALKING, OR VIOLATION OF PROTECTION

15 ORDER, CRIMES AGAINST CHILDREN AND .—

16 ‘‘(i) DOMESTIC VIOLENCE, STALKING,

17 AND CHILD ABUSE.—Any alien who at any

18 time after entry is convicted of a crime of

19 domestic violence, a crime of stalking, or a

20 crime of child abuse, child neglect, or child

21 abandonment is deportable. For purposes

22 of this clause, the term ‘crime of domestic

23 violence’ means any crime of violence (as

24 defined in section 16 of title 18, United

25 States Code) against a person committed
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1 by a current or former spouse of the per2 son, by an individual with whom the per3 son shares a child in common, by an indi4 vidual who is cohabiting with or has

5 cohabited with the person as a spouse, by

6 an individual similarly situated to a spouse

7 of the person under the domestic or family

8 violence laws of the jurisdiction where the

9 offense occurs, or by any other individual

10 against a person who is protected from

11 that individual’s acts under the domestic

12 or family violence laws of the United

13 States or any State, Indian tribal govern14 ment, or unit of local government.

15 ‘‘(ii) VIOLATORS OF PROTECTION OR16 DERS.—Any alien who at any time after

17 entry is enjoined under a protection order

18 issued by a court and whom the court de19 termines has engaged in conduct that vio20 lates the portion of a protection order that

21 involves protection against credible threats

22 of violence, repeated harassment, or bodily

23 injury to the person or persons for whom

24 the protection order was issued is deport25 able. For purposes of this clause, the term
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1 ‘protection order’ means any injunction is2 sued for the purpose of preventing violent

3 or threatening acts of domestic violence,

4 including temporary or final orders issued

5 by civil or criminal courts (other than sup6 port or child custody orders or provisions)

7 whether obtained by filing an independent

8 action or as a pendente lite order in an9 other proceeding.’’.

10 (b) EFFECTIVE DATE.—The amendment made by

11 subsection (a) shall apply to convictions, or violations of

12 court orders, occurring after the date of the enactment

13 of this Act.

14 SEC. 351. CLARIFICATION OF DATE AS OF WHICH RELA15 TIONSHIP REQUIRED FOR WAIVER FROM EX16 CLUSION OR DEPORTATION FOR SMUG17 GLING.

18 (a) EXCLUSION.—Section 212(d)(11) (8 U.S.C.

19 1182(d)(11)) is amended by inserting ‘‘an individual who

20 at the time of such action was’’ after ‘‘aided only’’.

21 (b) DEPORTATION.—Section 241(a)(1)(E)(iii) (8

22 U.S.C. 1251(a)(1)(E)(iii)) is amended by inserting ‘‘an in23 dividual who at the time of the offense was’’ after ‘‘aided

24 only’’.
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1 (c) EFFECTIVE DATE.—The amendments made by

2 this section shall apply to applications for waivers filed

3 before, on, or after the date of the enactment of this Act,

4 but shall not apply to such an application for which a final

5 determination has been made as of the date of the enact6 ment of this Act.

7 SEC. 352. EXCLUSION OF FORMER CITIZENS WHO RE8 NOUNCED CITIZENSHIP TO AVOID UNITED

9 STATES TAXATION.

10 (a) IN GENERAL.—Section 212(a)(10) (8 U.S.C.

11 1182(a)(10)), as redesignated by section 301(b) of this di12 vision and as amended by section 347(a) of this division,

13 is amended by adding at the end the following:

14 ‘‘(E) FORMER CITIZENS WHO RENOUNCED

15 CITIZENSHIP TO AVOID TAXATION.—Any alien

16 who is a former citizen of the United States

17 who officially renounces United States citizen18 ship and who is determined by the Attorney

19 General to have renounced United States citi20 zenship for the purpose of avoiding taxation by

21 the United States is excludable.’’.

22 (b) EFFECTIVE DATE.—The amendment made by

23 subsection (a) shall apply to individuals who renounce

24 United States citizenship on and after the date of the en25 actment of this Act.
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1 SEC. 353. REFERENCES TO CHANGES ELSEWHERE IN DIVI2 SION.

3 (a) DEPORTATION FOR HIGH SPEED FLIGHT.—For

4 provision making high speed flight from an immigration

5 checkpoint subject to deportation, see section 108(c) of

6 this division.

7 (b) INADMISSIBILITY OF ALIENS PREVIOUSLY RE8 MOVED AND UNLAWFULLY PRESENT.—For provision

9 making aliens previously removed and unlawfully present

10 in the United States inadmissible, see section 301(b) of

11 this division.

12 (c) INADMISSIBILITY OF ILLEGAL ENTRANTS.—For

13 provision revising the ground of inadmissibility for illegal

14 entrants and immigration violators, see section 301(c) of

15 this division.

16 (d) DEPORTATION FOR VISA VIOLATORS.—For provi17 sion revising the ground of deportation for illegal entrants,

18 see section 301(d) of this division.

19 (e) LABOR CERTIFICATIONS FOR PROFESSIONAL

20 ATHLETES.—For provision providing for continued valid21 ity of labor certifications and classification petitions for

22 professional athletes, see section 624 of this division.
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1 Subtitle D—Changes in Removal of

2 Alien Terrorist Provisions

3 SEC. 354. TREATMENT OF CLASSIFIED INFORMATION.

4 (a) LIMITATION ON PROVISION OF SUMMARIES; USE

5 OF SPECIAL ATTORNEYS IN CHALLENGES TO CLASSIFIED

6 INFORMATION.—

7 (1) NO PROVISION OF SUMMARY IN CERTAIN

8 CASES.—Section 504(e)(3)(D) (8 U.S.C.

9 1534(e)(3)(D)) is amended—

10 (A) in clause (ii), by inserting before the

11 period at the end the following: ‘‘unless the

12 judge makes the findings under clause (iii)’’,

13 and

14 (B) by adding at the end the following new

15 clause:

16 ‘‘(iii) FINDINGS.—The findings de17 scribed in this clause are, with respect to

18 an alien, that—

19 ‘‘(I) the continued presence of

20 the alien in the United States would

21 likely cause serious and irreparable

22 harm to the national security or death

23 or serious bodily injury to any person,

24 and
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1 ‘‘(II) the provision of the sum2 mary would likely cause serious and

3 irreparable harm to the national secu4 rity or death or serious bodily injury

5 to any person.’’.

6 (2) SPECIAL CHALLENGE PROCEDURES.—Sec7 tion 504(e)(3) (8 U.S.C. 1534(e)(3)) is amended by

8 adding at the end the following new subparagraphs:

9 ‘‘(E) CONTINUATION OF HEARING WITH10 OUT SUMMARY.—If a judge makes the findings

11 described in subparagraph (D)(iii)—

12 ‘‘(i) if the alien involved is an alien

13 lawfully admitted for permanent residence,

14 the procedures described in subparagraph

15 (F) shall apply; and

16 ‘‘(ii) in all cases the special removal

17 hearing shall continue, the Department of

18 Justice shall cause to be delivered to the

19 alien a statement that no summary is pos20 sible, and the classified information sub21 mitted in camera and ex parte may be

22 used pursuant to this paragraph.

23 ‘‘(F) SPECIAL PROCEDURES FOR ACCESS

24 AND CHALLENGES TO CLASSIFIED INFORMA-
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1 TION BY SPECIAL ATTORNEYS IN CASE OF LAW2 FUL PERMANENT ALIENS.—

3 ‘‘(i) IN GENERAL.—The procedures

4 described in this subparagraph are that the

5 judge (under rules of the removal court)

6 shall designate a special attorney to assist

7 the alien—

8 ‘‘(I) by reviewing in camera the

9 classified information on behalf of the

10 alien, and

11 ‘‘(II) by challenging through an

12 in camera proceeding the veracity of

13 the evidence contained in the classi14 fied information.

15 ‘‘(ii) RESTRICTIONS ON DISCLO16 SURE.—A special attorney receiving classi17 fied information under clause (i)—

18 ‘‘(I) shall not disclose the infor19 mation to the alien or to any other at20 torney representing the alien, and

21 ‘‘(II) who discloses such informa22 tion in violation of subclause (I) shall

23 be subject to a fine under title 18,

24 United States Code, imprisoned for
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1 not less than 10 years nor more than

2 25 years, or both.’’.

3 (3) APPEALS.—Section 505(c) (8 U.S.C.

4 1535(c)) is amended—

5 (A) in paragraph (1), by striking ‘‘The de6 cision’’ and inserting ‘‘Subject to paragraph

7 (2), the decision’’;

8 (B) in paragraph (3)(D), by inserting be9 fore the period at the end the following: ‘‘, ex10 cept that in the case of a review under para11 graph (2) in which an alien lawfully admitted

12 for permanent residence was denied a written

13 summary of classified information under section

14 504(c)(3), the Court of Appeals shall review

15 questions of fact de novo’’;

16 (C) by redesignating paragraphs (2) and

17 (3) as paragraphs (3) and (4), respectively; and

18 (D) by inserting after paragraph (1) the

19 following new paragraph:

20 ‘‘(2) AUTOMATIC APPEALS IN CASES OF PERMA21 NENT RESIDENT ALIENS IN WHICH NO SUMMARY

22 PROVIDED.—

23 ‘‘(A) IN GENERAL.—Unless the alien

24 waives the right to a review under this para25 graph, in any case involving an alien lawfully
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1 admitted for permanent residence who is denied

2 a written summary of classified information

3 under section 504(e)(3) and with respect to

4 which the procedures described in section

5 504(e)(3)(F) apply, any order issued by the

6 judge shall be reviewed by the Court of Appeals

7 for the District of Columbia Circuit.

8 ‘‘(B) USE OF SPECIAL ATTORNEY.—With

9 respect to any issue relating to classified infor10 mation that arises in such review, the alien

11 shall be represented only by the special attorney

12 designated under section 504(e)(3)(F)(i) on be13 half of the alien.’’.

14 (4) ESTABLISHMENT OF PANEL OF SPECIAL AT15 TORNEYS.—Section 502 (8 U.S.C. 1532) is amended

16 by adding at the end the following new subsection:

17 ‘‘(e) ESTABLISHMENT OF PANEL OF SPECIAL AT18 TORNEYS.—The removal court shall provide for the des19 ignation of a panel of attorneys each of whom—

20 ‘‘(1) has a security clearance which affords the

21 attorney access to classified information, and

22 ‘‘(2) has agreed to represent permanent resi23 dent aliens with respect to classified information

24 under section 504(e)(3) in accordance with (and

25 subject to the penalties under) this title.’’.
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1 (5) DEFINITION OF SPECIAL ATTORNEY.—Sec2 tion 501 (8 U.S.C. 1531) is amended—

3 (A) by striking ‘‘and’’ at the end of para4 graph (5),

5 (B) by striking the period at the end of

6 paragraph (6) and inserting ‘‘; and’’, and

7 (C) by adding at the end the following new

8 paragraph:

9 ‘‘(7) the term ‘special attorney’ means an attor10 ney who is on the panel established under section

11 502(e).’’.

12 (b) OTHER PROVISIONS RELATING TO CLASSIFIED

13 INFORMATION.—

14 (1) INTRODUCTION OF CLASSIFIED INFORMA15 TION.—Section 504(e) (8 U.S.C. 1534(e)) is amend16 ed—

17 (A) in paragraph (1)—

18 (i) by inserting after ‘‘(A)’’ the follow19 ing: ‘‘the Government is authorized to use

20 in a removal proceedings the fruits of elec21 tronic surveillance and unconsented phys22 ical searches authorized under the Foreign

23 Intelligence Surveillance Act of 1978 (50

24 U.S.C. 1801 et seq.) without regard to
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1 subsections (c), (e), (f), (g), and (h) of sec2 tion 106 of that Act and’’, and

3 (ii) by striking ‘‘the Foreign Intel4 ligence Surveillance Act of 1978 (50

5 U.S.C. 1801 et seq.)’’ and inserting ‘‘such

6 Act’’; and

7 (B) by striking the period at the end of

8 paragraph (3)(A) and inserting the following:

9 ‘‘and neither the alien nor the public shall be

10 informed of such evidence or its sources other

11 than through reference to the summary pro12 vided pursuant to this paragraph. Notwith13 standing the previous sentence, the Department

14 of Justice may, in its discretion and, in the case

15 of classified information, after coordination with

16 the originating agency, elect to introduce such

17 evidence in open session.’’.

18 (2) MAINTENANCE OF CONFIDENTIALITY OF

19 CLASSIFIED INFORMATION IN ARGUMENTS.—Section

20 504(f) (8 U.S.C. 1534(f)) is amended by adding at

21 the end the following: ‘‘The judge may allow any

22 part of the argument that refers to evidence received

23 in camera and ex parte to be heard in camera and

24 ex parte.’’.
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1 (3) MAINTENANCE OF CONFIDENTIALITY OF

2 CLASSIFIED INFORMATION IN ORDERS.—Section

3 504(j) (8 U.S.C. 1534(j)) is amended by adding at

4 the end the following: ‘‘Any portion of the order that

5 would reveal the substance or source of information

6 received in camera and ex parte pursuant to sub7 section (e) shall not be made available to the alien

8 or the public.’’.

9 SEC. 355. EXCLUSION OF REPRESENTATIVES OF TERROR10 ISTS ORGANIZATIONS.

11 Section 212(a)(3)(B)(i)(IV) (8 U.S.C.

12 1182(a)(3)(B)(i)(VI)), as inserted by section 411(1)(C) of

13 Public Law 104–132, is amended by inserting ‘‘which the

14 alien knows or should have known is a terrorist organiza15 tion’’ after ‘‘219,’’.

16 SEC. 356. STANDARD FOR JUDICIAL REVIEW OF TERRORIST

17 ORGANIZATION DESIGNATIONS.

18 Section 219(b)(3) (8 U.S.C. 1189(b)(3)), as added

19 by section 302(a) of Public Law 104–132, is amended—

20 (1) by striking ‘‘or’’ at the end of subparagraph

21 (B),

22 (2) by striking the period at the end of sub23 paragraph (C) and inserting a semicolon, and

24 (3) by adding at the end the following:
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1 ‘‘(D) lacking substantial support in the ad2 ministrative record taken as a whole or in clas3 sified information submitted to the court under

4 paragraph (2), or

5 ‘‘(E) not in accord with the procedures re6 quired by law.’’.

7 SEC. 357. REMOVAL OF ANCILLARY RELIEF FOR VOL8 UNTARY DEPARTURE.

9 Section 504(k) (8 U.S.C. 1534(k)) is amended—

10 (1) by redesignating paragraphs (4) and (5) as

11 paragraphs (5) and (6), and

12 (2) by inserting after paragraph (3) the follow13 ing new paragraph:

14 ‘‘(4) voluntary departure under section

15 244(e);’’.

16 SEC. 358. EFFECTIVE DATE.

17 The amendments made by this subtitle shall be effec18 tive as if included in the enactment of subtitle A of title

19 IV of the Antiterrorism and Effective Death Penalty Act

20 of 1996 (Public Law 104–132).

21 Subtitle E—Transportation of

22 Aliens

23 SEC. 361. DEFINITION OF STOWAWAY.

24 (a) STOWAWAY DEFINED.—Section 101(a) (8 U.S.C.

25 1101(a)), as amended by section 322(a)(1) of this divi-
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1 sion, is amended by adding at the end the following new

2 paragraph:

3 ‘‘(49) The term ‘stowaway’ means any alien who ob4 tains transportation without the consent of the owner,

5 charterer, master or person in command of any vessel or

6 aircraft through concealment aboard such vessel or air7 craft. A passenger who boards with a valid ticket is not

8 to be considered a stowaway.’’.

9 (b) EFFECTIVE DATE.—The amendment made by

10 subsection (a) shall take effect on the date of the enact11 ment of this Act.

12 SEC. 362. TRANSPORTATION CONTRACTS.

13 (a) COVERAGE OF NONCONTIGUOUS TERRITORY.—

14 Section 238 (8 U.S.C. 1228), before redesignation as sec15 tion 233 under section 308(b)(4) of this division, is

16 amended—

17 (1) in the heading, by striking ‘‘CONTIGUOUS’’,

18 and

19 (2) by striking ‘‘contiguous’’ each place it ap20 pears in subsections (a), (b), and (d).

21 (b) COVERAGE OF RAILROAD TRAIN.—Subsection (d)

22 of such section is further amended by inserting ‘‘or rail23 road train’’ after ‘‘aircraft’’.
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1 Subtitle F—Additional Provisions

2 SEC. 371. IMMIGRATION JUDGES AND COMPENSATION.

3 (a) DEFINITION OF TERM.—Paragraph (4) of section

4 101(b) (8 U.S.C. 1101(b)) is amended to read as follows:

5 ‘‘(4) The term ‘immigration judge’ means an attorney

6 whom the Attorney General appoints as an administrative

7 judge within the Executive Office for Immigration Review,

8 qualified to conduct specified classes of proceedings, in9 cluding a hearing under section 240. An immigration

10 judge shall be subject to such supervision and shall per11 form such duties as the Attorney General shall prescribe,

12 but shall not be employed by the Immigration and Natu13 ralization Service.’’.

14 (b) SUBSTITUTION FOR TERM ‘‘SPECIAL INQUIRY

15 OFFICER’’.—The Immigration and Nationality Act is

16 amended by striking ‘‘a special inquiry officer’’, ‘‘A special

17 inquiry officer’’, ‘‘special inquiry officer’’, and ‘‘special in18 quiry officers’’ and inserting ‘‘an immigration judge’’, ‘‘An

19 immigration judge’’, ‘‘immigration judge’’, and ‘‘immigra20 tion judges’’, respectively, each place it appears in the fol21 lowing sections:

22 (1) Section 106(a)(2) (8 U.S.C. 1105a(a)(2)),

23 before its repeal by section 306(c) of this division.

24 (2) Section 209(a)(2) (8 U.S.C. 1159(a)(2)).
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1 (3) Section 234 (8 U.S.C. 1224), before redes2 ignation by section 308(b) of this division.

3 (4) Section 235 (8 U.S.C. 1225), before amend4 ment by section 302(a) of this division.

5 (5) Section 236 (8 U.S.C. 1226), before amend6 ment by section 303 of this division.

7 (6) Section 242(b) (8 U.S.C. 1252(b)), before

8 amendment by section 306(a)(2) of this division.

9 (7) Section 242B(d)(1) (8 U.S.C. 1252b(d)(1)),

10 before repeal by section 306(b)(6) of this division.

11 (8) Section 273(d) (8 U.S.C. 1323(d)), before

12 its repeal by section 308(e)(13) of this division.

13 (9) Section 292 (8 U.S.C. 1362).

14 (c) COMPENSATION FOR IMMIGRATION JUDGES.—

15 (1) IN GENERAL.—There shall be four levels of

16 pay for immigration judges, under the Immigration

17 Judge Schedule (designated as IJ–1, 2, 3, and 4, re18 spectively), and each such judge shall be paid at one

19 of those levels, in accordance with the provisions of

20 this subsection.

21 (2) RATES OF PAY.—

22 (A) The rates of basic pay for the levels es23 tablished under paragraph (1) shall be as fol24 lows:

IJ–1 ............................................... 70% of the next to highest rate of

basic pay for the Senior Executive

Service
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IJ–2 ............................................... 80% of the next to highest rate of

basic pay for the Senior Executive

Service

IJ–3 ............................................... 90% of the next to highest rate of

basic pay for the Senior Executive

Service

IJ–4 ............................................... 92% of the next to highest rate of

basic pay for the Senior Executive

Service.

1 (B) Locality pay, where applicable, shall be

2 calculated into the basic pay for immigration

3 judges.

4 (3) APPOINTMENT.—

5 (A) Upon appointment, an immigration

6 judge shall be paid at IJ–1, and shall be ad7 vanced to IJ–2 upon completion of 104 weeks

8 of service, to IJ–3 upon completion of 104

9 weeks of service in the next lower rate, and to

10 IJ–4 upon completion of 52 weeks of service in

11 the next lower rate.

12 (B) Notwithstanding subparagraph (A),

13 the Attorney General may provide for appoint14 ment of an immigration judge at an advanced

15 rate under such circumstances as the Attorney

16 General may determine appropriate.

17 (4) TRANSITION.—Immigration judges serving

18 as of the effective date shall be paid at the rate that

19 corresponds to the amount of time, as provided

20 under paragraph (3)(A), that they have served as an

21 immigration judge, and in no case shall be paid less
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1 after the effective date than the rate of pay prior to

2 the effective date.

3 (d) EFFECTIVE DATES.—

4 (1) Subsections (a) and (b) shall take effect on

5 the date of the enactment of this Act.

6 (2) Subsection (c) shall take effect 90 days

7 after the date of the enactment of this Act.

8 SEC. 372. DELEGATION OF IMMIGRATION ENFORCEMENT

9 AUTHORITY.

10 Section 103(a) (8 U.S.C. 1103(a)) is amended—

11 (1) inserting ‘‘(1)’’ after ‘‘(a)’’,

12 (2) by designating each sentence (after the first

13 sentence) as a separate paragraph with appropriate

14 consecutive numbering and initial indentation,

15 (3) by adding at the end the following new

16 paragraph:

17 ‘‘(8) In the event the Attorney General determines

18 that an actual or imminent mass influx of aliens arriving

19 off the coast of the United States, or near a land border,

20 presents urgent circumstances requiring an immediate

21 Federal response, the Attorney General may authorize any

22 State or local law enforcement officer, with the consent

23 of the head of the department, agency, or establishment

24 under whose jurisdiction the individual is serving, to per25 form or exercise any of the powers, privileges, or duties
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1 conferred or imposed by this Act or regulations issued

2 thereunder upon officers or employees of the Service.’’.

3 SEC. 373. POWERS AND DUTIES OF THE ATTORNEY GEN4 ERAL AND THE COMMISSIONER.

5 Section 103 (8 U.S.C. 1103) is amended—

6 (1) by adding at the end of subsection (a) the

7 following new paragraph:

8 ‘‘(9) The Attorney General, in support of persons in

9 administrative detention in non-Federal institutions, is au10 thorized—

11 ‘‘(A) to make payments from funds appro12 priated for the administration and enforcement of

13 the laws relating to immigration, naturalization, and

14 alien registration for necessary clothing, medical

15 care, necessary guard hire, and the housing, care,

16 and security of persons detained by the Service pur17 suant to Federal law under an agreement with a

18 State or political subdivision of a State; and

19 ‘‘(B) to enter into a cooperative agreement with

20 any State, territory, or political subdivision thereof,

21 for the necessary construction, physical renovation,

22 acquisition of equipment, supplies or materials re23 quired to establish acceptable conditions of confine24 ment and detention services in any State or unit of
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1 local government which agrees to provide guaranteed

2 bed space for persons detained by the Service.’’; and

3 (2) by adding at the end of subsection (c), as

4 redesignated by section 102(d)(1) of this division,

5 the following: ‘‘The Commissioner may enter into co6 operative agreements with State and local law en7 forcement agencies for the purpose of assisting in

8 the enforcement of the immigration laws.’’.

9 SEC. 374. JUDICIAL DEPORTATION.

10 (a) IN GENERAL.—Section 242A(d) (8 U.S.C.

11 1252a(d)), as added by section 224(a) of Immigration and

12 Nationality Technical Corrections Act of 1994 and before

13 redesignation by section 308(b)(5) of this division, is

14 amended—

15 (1) in paragraph (1), by striking ‘‘whose crimi16 nal conviction causes such alien to be deportable

17 under section 241(a)(2)(A)’’ and inserting ‘‘who is

18 deportable’’;

19 (2) in paragraph (4), by striking ‘‘without a de20 cision on the merits’’; and

21 (3) by adding at the end the following new

22 paragraph:

23 ‘‘(5) STIPULATED JUDICIAL ORDER OF DEPOR24 TATION.—The United States Attorney, with the con25 currence of the Commissioner, may, pursuant to
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1 Federal Rule of Criminal Procedure 11, enter into

2 a plea agreement which calls for the alien, who is de3 portable under this Act, to waive the right to notice

4 and a hearing under this section, and stipulate to

5 the entry of a judicial order of deportation from the

6 United States as a condition of the plea agreement

7 or as a condition of probation or supervised release,

8 or both. The United States district court, in both

9 felony and misdemeanor cases, and a United States

10 magistrate judge in misdemeanor cases, may accept

11 such a stipulation and shall have jurisdiction to

12 enter a judicial order of deportation pursuant to the

13 terms of such stipulation.’’.

14 (b) DEPORTATION AS A CONDITION OF PROBA15 TION.—Section 3563(b) of title 18, United States Code,

16 is amended—

17 (1) by striking ‘‘or’’ at the end of paragraph

18 (20);

19 (2) by redesignating paragraph (21) as para20 graph (22); and

21 (3) by inserting after paragraph (20) the fol22 lowing new paragraph:

23 ‘‘(21) be ordered deported by a United States

24 district court, or United States magistrate judge,

25 pursuant to a stipulation entered into by the defend-
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1 ant and the United States under section 242A(d)(5)

2 of the Immigration and Nationality Act, except that,

3 in the absence of a stipulation, the United States

4 district court or a United States magistrate judge,

5 may order deportation as a condition of probation,

6 if, after notice and hearing pursuant to such section,

7 the Attorney General demonstrates by clear and con8 vincing evidence that the alien is deportable; or’’.

9 (c) EFFECTIVE DATE.—The amendment made by

10 subsection (a)(2) shall be effective as if included in the

11 enactment of section 224(a) of the Immigration and Na12 tionality Technical Corrections Act of 1994.

13 SEC. 375. LIMITATION ON ADJUSTMENT OF STATUS.

14 Section 245(c) (8 U.S.C. 1255(c)) is amended—

15 (1) by striking ‘‘or (6)’’ and inserting ‘‘(6)’’;

16 and

17 (2) by inserting before the period at the end the

18 following: ‘‘; (7) any alien who seeks adjustment of

19 status to that of an immigrant under section 203(b)

20 and is not in a lawful nonimmigrant status; or (8)

21 any alien who was employed while the alien was an

22 unauthorized alien, as defined in section 274A(h)(3),

23 or who has otherwise violated the terms of a non24 immigrant visa’’.
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1 SEC. 376. TREATMENT OF CERTAIN FEES.

2 (a) INCREASE IN FEE.—Section 245(i) (8 U.S.C.

3 1255(i)), as added by section 506(b) of Public Law 103–

4 317, is amended—

5 (1) in paragraph (1), by striking ‘‘five times the

6 fee required for the processing of applications under

7 this section’’ and inserting ‘‘$1,000’’; and

8 (2) by amending paragraph (3) to read as fol9 lows:

10 ‘‘(3)(A) The portion of each application fee (not to

11 exceed $200) that the Attorney General determines is re12 quired to process an application under this section and

13 is remitted to the Attorney General pursuant to para14 graphs (1) and (2) of this subsection shall be disposed of

15 by the Attorney General as provided in subsections (m),

16 (n), and (o) of section 286.

17 ‘‘(B) Any remaining portion of such fees remitted

18 under such paragraphs shall be deposited by the Attorney

19 General into the Immigration Detention Account estab20 lished under section 286(s).’’.

21 (b) IMMIGRATION DETENTION ACCOUNT.—Section

22 286 (8 U.S.C. 1356) is amended by adding at the end

23 the following new subsection:

24 ‘‘(s) IMMIGRATION DETENTION ACCOUNT.—(1)

25 There is established in the general fund of the Treasury

26 a separate account which shall be known as the ‘Immigra-
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1 tion Detention Account’. Notwithstanding any other sec2 tion of this title, there shall be deposited as offsetting re3 ceipts into the Immigration Detention Account amounts

4 described in section 245(i)(3)(B) to remain available until

5 expended.

6 ‘‘(2)(A) The Secretary of the Treasury shall refund

7 out of the Immigration Detention Account to any appro8 priation the amount paid out of such appropriation for

9 expenses incurred by the Attorney General for the deten10 tion of aliens under sections 236(c) and 241(a).

11 ‘‘(B) The amounts which are required to be refunded

12 under subparagraph (A) shall be refunded at least quar13 terly on the basis of estimates made by the Attorney Gen14 eral of the expenses referred to in subparagraph (A).

15 Proper adjustments shall be made in the amounts subse16 quently refunded under subparagraph (A) to the extent

17 prior estimates were in excess of, or less than, the amount

18 required to be refunded under subparagraph (A).

19 ‘‘(C) The amounts required to be refunded from the

20 Immigration Detention Account for fiscal year 1997 and

21 thereafter shall be refunded in accordance with estimates

22 made in the budget request of the Attorney General for

23 those fiscal years. Any proposed changes in the amounts

24 designated in such budget requests shall only be made

25 after notification to the Committees on Appropriations of
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1 the House of Representatives and the Senate in accord2 ance with section 605 of Public Law 104–134.

3 ‘‘(D) The Attorney General shall prepare and submit

4 annually to the Congress statements of financial condition

5 of the Immigration Detention Account, including begin6 ning account balance, revenues, withdrawals, and ending

7 account balance and projection for the ensuing fiscal

8 year.’’.

9 (c) EFFECTIVE DATE.—The amendments made by

10 this section shall apply to applications made on or after

11 the end of the 90-day period beginning on the date of the

12 enactment of this Act.

13 SEC. 377. LIMITATION ON LEGALIZATION LITIGATION.

14 (a) LIMITATION ON COURT JURISDICTION.—Section

15 245A(f)(4) (8 U.S.C. 1255a(f)(4)) is amended by adding

16 at the end the following new subparagraph:

17 ‘‘(C) JURISDICTION OF COURTS.—Notwith18 standing any other provision of law, no court

19 shall have jurisdiction of any cause of action or

20 claim by or on behalf of any person asserting

21 an interest under this section unless such per22 son in fact filed an application under this sec23 tion within the period specified by subsection

24 (a)(1), or attempted to file a complete applica25 tion and application fee with an authorized le-
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1 galization officer of the Service but had the ap2 plication and fee refused by that officer.’’.

3 (b) EFFECTIVE DATE.—The amendment made by

4 subsection (a) shall be effective as if included in the enact5 ment of the Immigration Reform and Control Act of 1986.

6 SEC. 378. RESCISSION OF LAWFUL PERMANENT RESIDENT

7 STATUS.

8 (a) IN GENERAL.—Section 246(a) (8 U.S.C.

9 1256(a)) is amended by adding at the end the following

10 sentence: ‘‘Nothing in this subsection shall require the At11 torney General to rescind the alien’s status prior to com12 mencement of procedures to remove the alien under sec13 tion 240, and an order of removal issued by an immigra14 tion judge shall be sufficient to rescind the alien’s sta15 tus.’’.

16 (b) EFFECTIVE DATE.—The amendment made by

17 subsection (a) shall take effect on the title III–A effective

18 date (as defined in section 309(a) of this division).

19 SEC. 379. ADMINISTRATIVE REVIEW OF ORDERS.

20 (a) IN GENERAL.—Sections 274A(e)(7) and

21 274C(d)(4) (8 U.S.C. 1324a(e)(7), 1324c(d)(4)) are each

22 amended—

23 (1) by striking ‘‘unless, within 30 days, the At24 torney General modifies or vacates the decision and

25 order’’ and inserting ‘‘unless either (A) within 30
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1 days, an official delegated by regulation to exercise

2 review authority over the decision and order modifies

3 or vacates the decision and order, or (B) within 30

4 days of the date of such a modification or vacation

5 (or within 60 days of the date of decision and order

6 of an administrative law judge if not so modified or

7 vacated) the decision and order is referred to the At8 torney General pursuant to regulations’’; and

9 (2) by striking ‘‘a final order’’ and inserting

10 ‘‘the final agency decision and order’’.

11 (b) EFFECTIVE DATE.—The amendments made by

12 subsection (a) shall apply to orders issued on or after the

13 date of the enactment of this Act.

14 SEC. 380. CIVIL PENALTIES FOR FAILURE TO DEPART.

15 (a) IN GENERAL.—The Immigration and Nationality

16 Act is amended by inserting after section 274C the follow17 ing new section:

18 ‘‘CIVIL PENALTIES FOR FAILURE TO DEPART

19 ‘‘SEC. 274D. (a) IN GENERAL.—Any alien subject to

20 a final order of removal who—

21 ‘‘(1) willfully fails or refuses to—

22 ‘‘(A) depart from the United States pursu23 ant to the order,

24 ‘‘(B) make timely application in good faith

25 for travel or other documents necessary for de26 parture, or
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1 ‘‘(C) present for removal at the time and

2 place required by the Attorney General; or

3 ‘‘(2) conspires to or takes any action designed

4 to prevent or hamper the alien’s departure pursuant

5 to the order,

6 shall pay a civil penalty of not more than $500 to the

7 Commissioner for each day the alien is in violation of this

8 section.

9 ‘‘(b) CONSTRUCTION.—Nothing in this section shall

10 be construed to diminish or qualify any penalties to which

11 an alien may be subject for activities proscribed by section

12 243(a) or any other section of this Act.’’.

13 (b) CLERICAL AMENDMENT.—The table of contents

14 is amended by inserting after the item relating to section

15 274C the following new item:

‘‘Sec. 274D. Civil penalties for failure to depart.’’.

16 (c) EFFECTIVE DATE.—The amendment made by

17 subsection (a) shall apply to actions occurring on or after

18 the title III–A effective date (as defined in section 309(a)

19 of this division).

20 SEC. 381. CLARIFICATION OF DISTRICT COURT JURISDIC21 TION.

22 (a) IN GENERAL.—Section 279 (8 U.S.C. 1329) is

23 amended—

24 (1) by amending the first sentence to read as

25 follows: ‘‘The district courts of the United States
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1 shall have jurisdiction of all causes, civil and crimi2 nal, brought by the United States that arise under

3 the provisions of this title.’’, and

4 (2) by adding at the end the following new sen5 tence: ‘‘Nothing in this section shall be construed as

6 providing jurisdiction for suits against the United

7 States or its agencies or officers.’’.

8 (b) EFFECTIVE DATE.—The amendments made by

9 subsection (a) shall apply to actions filed after the date

10 of the enactment of this Act.

11 SEC. 382. APPLICATION OF ADDITIONAL CIVIL PENALTIES

12 TO ENFORCEMENT.

13 (a) IN GENERAL.—Subsection (b) of section 280 (8

14 U.S.C. 1330) is amended to read as follows:

15 ‘‘(b)(1) There is established in the general fund of

16 the Treasury a separate account which shall be known as

17 the ‘Immigration Enforcement Account’. Notwithstanding

18 any other section of this title, there shall be deposited as

19 offsetting receipts into the Immigration Enforcement Ac20 count amounts described in paragraph (2) to remain avail21 able until expended.

22 ‘‘(2) The amounts described in this paragraph are the

23 following:
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1 ‘‘(A) The increase in penalties collected result2 ing from the amendments made by sections 203(b)

3 and 543(a) of the Immigration Act of 1990.

4 ‘‘(B) Civil penalties collected under sections

5 240B(d), 274C, 274D, and 275(b).

6 ‘‘(3)(A) The Secretary of the Treasury shall refund

7 out of the Immigration Enforcement Account to any ap8 propriation the amount paid out of such appropriation for

9 expenses incurred by the Attorney General for activities

10 that enhance enforcement of provisions of this title. Such

11 activities include—

12 ‘‘(i) the identification, investigation, apprehen13 sion, detention, and removal of criminal aliens;

14 ‘‘(ii) the maintenance and updating of a system

15 to identify and track criminal aliens, deportable

16 aliens, inadmissible aliens, and aliens illegally enter17 ing the United States; and

18 ‘‘(iii) for the repair, maintenance, or construc19 tion on the United States border, in areas experienc20 ing high levels of apprehensions of illegal aliens, of

21 structures to deter illegal entry into the United

22 States.

23 ‘‘(B) The amounts which are required to be refunded

24 under subparagraph (A) shall be refunded at least quar25 terly on the basis of estimates made by the Attorney Gen-
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1 eral of the expenses referred to in subparagraph (A).

2 Proper adjustments shall be made in the amounts subse3 quently refunded under subparagraph (A) to the extent

4 prior estimates were in excess of, or less than, the amount

5 required to be refunded under subparagraph (A).

6 ‘‘(C) The amounts required to be refunded from the

7 Immigration Enforcement Account for fiscal year 1996

8 and thereafter shall be refunded in accordance with esti9 mates made in the budget request of the Attorney General

10 for those fiscal years. Any proposed changes in the

11 amounts designated in such budget requests shall only be

12 made after notification to the Committees on Appropria13 tions of the House of Representatives and the Senate in

14 accordance with section 605 of Public Law 104–134.

15 ‘‘(D) The Attorney General shall prepare and submit

16 annually to the Congress statements of financial condition

17 of the Immigration Enforcement Account, including begin18 ning account balance, revenues, withdrawals, and ending

19 account balance and projection for the ensuing fiscal

20 year.’’.

21 (b) IMMIGRATION USER FEE ACCOUNT.—Section

22 286(h)(1)(B) (8 U.S.C. 1356(h)(1)(B)) is amended by

23 striking ‘‘271’’ and inserting ‘‘243(c), 271,’’.
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1 (c) EFFECTIVE DATE.—The amendments made by

2 this section shall apply to fines and penalties collected on

3 or after the date of the enactment of this Act.

4 SEC. 383. EXCLUSION OF CERTAIN ALIENS FROM FAMILY

5 UNITY PROGRAM.

6 (a) IN GENERAL.—Section 301(e) of the Immigration

7 Act of 1990 (8 U.S.C. 1255a note) is amended—

8 (1) by striking ‘‘or’’ at the end of paragraph

9 (1),

10 (2) by striking the period at the end of para11 graph (2) and inserting ‘‘, or’’, and

12 (3) by adding at the end the following new

13 paragraph:

14 ‘‘(3) has committed an act of juvenile delin15 quency which if committed by an adult would be

16 classified as—

17 ‘‘(A) a felony crime of violence that has an

18 element the use or attempted use of physical

19 force against another individual, or

20 ‘‘(B) a felony offense that by its nature in21 volves a substantial risk that physical force

22 against another individual may be used in the

23 course of committing the offense.’’.
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1 (b) EFFECTIVE DATE.—The amendments made by

2 subsection (a) shall apply to benefits granted or extended

3 after the date of the enactment of this Act.

4 SEC. 384. PENALTIES FOR DISCLOSURE OF INFORMATION.

5 (a) IN GENERAL.—Except as provided in subsection

6 (b), in no case may the Attorney General, or any other

7 official or employee of the Department of Justice (includ8 ing any bureau or agency of such Department)—

9 (1) make an adverse determination of admissi10 bility or deportability of an alien under the Immigra11 tion and Nationality Act using information furnished

12 solely by—

13 (A) a spouse or parent who has battered

14 the alien or subjected the alien to extreme cru15 elty,

16 (B) a member of the spouse’s or parent’s

17 family residing in the same household as the

18 alien who has battered the alien or subjected

19 the alien to extreme cruelty when the spouse or

20 parent consented to or acquiesced in such bat21 tery or cruelty,

22 (C) a spouse or parent who has battered

23 the alien’s child or subjected the alien’s child to

24 extreme cruelty (without the active participation
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1 of the alien in the battery or extreme cruelty),

2 or

3 (D) a member of the spouse’s or parent’s

4 family residing in the same household as the

5 alien who has battered the alien’s child or sub6 jected the alien’s child to extreme cruelty when

7 the spouse or parent consented to or acquiesced

8 in such battery or cruelty and the alien did not

9 actively participate in such battery or cruelty,

10 unless the alien has been convicted of a crime or

11 crimes listed in section 241(a)(2) of the Immigration

12 and Nationality Act; or

13 (2) permit use by or disclosure to anyone (other

14 than a sworn officer or employee of the Department,

15 or bureau or agency thereof, for legitimate Depart16 ment, bureau, or agency purposes) of any informa17 tion which relates to an alien who is the beneficiary

18 of an application for relief under clause (iii) or (iv)

19 of section 204(a)(1)(A), clause (ii) or (iii) of section

20 204(a)(1)(B), section 216(c)(4)(C), or section

21 244(a)(3) of such Act as an alien (or the parent of

22 a child) who has been battered or subjected to ex23 treme cruelty.
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1 The limitation under paragraph (2) ends when the appli2 cation for relief is denied and all opportunities for appeal

3 of the denial have been exhausted.

4 (b) EXCEPTIONS.—

5 (1) The Attorney General may provide, in the

6 Attorney General’s discretion, for the disclosure of

7 information in the same manner and circumstances

8 as census information may be disclosed by the Sec9 retary of Commerce under section 8 of title 13,

10 United States Code.

11 (2) The Attorney General may provide in the

12 discretion of the Attorney General for the disclosure

13 of information to law enforcement officials to be

14 used solely for a legitimate law enforcement purpose.

15 (3) Subsection (a) shall not be construed as

16 preventing disclosure of information in connection

17 with judicial review of a determination in a manner

18 that protects the confidentiality of such information.

19 (4) Subsection (a)(2) shall not apply if all the

20 battered individuals in the case are adults and they

21 have all waived the restrictions of such subsection.

22 (c) PENALTIES FOR VIOLATIONS.—Anyone who will23 fully uses, publishes, or permits information to be dis24 closed in violation of this section shall be subject to appro-
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1 priate disciplinary action and subject to a civil money pen2 alty of not more than $5,000 for each such violation.

3 (d) CONFORMING AMENDMENTS TO OTHER DISCLO4 SURE RESTRICTIONS.—

5 (1) IN GENERAL.—The last sentence of section

6 210(b)(6) and the second sentence of section

7 245A(c)(5) (8 U.S.C. 1255a(c)(5)) are each amend8 ed to read as follows: ‘‘Anyone who uses, publishes,

9 or permits information to be examined in violation

10 of this paragraph shall be subject to appropriate dis11 ciplinary action and subject to a civil money penalty

12 of not more than $5,000 for each violation.’’.

13 (2) EFFECTIVE DATE.—The amendments made

14 by this subsection shall apply to offenses occurring

15 on or after the date of the enactment of this Act.

16 SEC. 385. AUTHORIZATION OF ADDITIONAL FUNDS FOR RE17 MOVAL OF ALIENS.

18 In addition to the amounts otherwise authorized to

19 be appropriated for each fiscal year beginning with fiscal

20 year 1996, there are authorized to be appropriated to the

21 Attorney General $150,000,000 for costs associated with

22 the removal of inadmissible or deportable aliens, including

23 costs of detention of such aliens pending their removal,

24 the hiring of more investigators, and the hiring of more

25 detention and deportation officers.
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1 SEC. 386. INCREASE IN INS DETENTION FACILITIES; RE2 PORT ON DETENTION SPACE.

3 (a) INCREASE IN DETENTION FACILITIES.—Subject

4 to the availability of appropriations, the Attorney General

5 shall provide for an increase in the detention facilities of

6 the Immigration and Naturalization Service to at least

7 9,000 beds before the end of fiscal year 1997.

8 (b) REPORT ON DETENTION SPACE.—

9 (1) IN GENERAL.—Not later than 6 months

10 after the date of the enactment of this Act, and

11 every 6 months thereafter, the Attorney General

12 shall submit a report to the Committees on the Judi13 ciary of the House of Representatives and of the

14 Senate estimating the amount of detention space

15 that will be required, during the fiscal year in which

16 the report is submitted and the succeeding fiscal

17 year, to detain—

18 (A) all aliens subject to detention under

19 section 236(c) of the Immigration and Nation20 ality Act (as amended by section 303 of this

21 title) and section 241(a) of the Immigration

22 and Nationality Act (as inserted by section

23 305(a)(3) of this title);

24 (B) all excludable or deportable aliens sub25 ject to proceedings under section 238 of the Im26 migration and Nationality Act (as redesignated
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1 by section 308(b)(5) of this title) or section

2 235(b)(2)(A) or 240 of the Immigration and

3 Nationality Act; and

4 (C) other excludable or deportable aliens in

5 accordance with the priorities established by the

6 Attorney General.

7 (2) ESTIMATE OF NUMBER OF ALIENS RE8 LEASED INTO THE COMMUNITY.—

9 (A) CRIMINAL ALIENS.—

10 (i) IN GENERAL.—The first report

11 submitted under paragraph (1) shall in12 clude an estimate of the number of crimi13 nal aliens who, in each of the 3 fiscal years

14 concluded prior to the date of the report—

15 (I) were released from detention

16 facilities of the Immigration and Nat17 uralization Service (whether operated

18 directly by the Service or through con19 tract with other persons or agencies);

20 or

21 (II) were not taken into custody

22 or detention by the Service upon com23 pletion of their incarceration.

24 (ii) ALIENS CONVICTED OF AGGRA25 VATED FELONIES.—The estimate under
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1 clause (i) shall estimate separately, with

2 respect to each year described in such

3 clause, the number of criminal aliens de4 scribed in such clause who were convicted

5 of an aggravated felony.

6 (B) ALL EXCLUDABLE OR DEPORTABLE

7 ALIENS.—The first report submitted under

8 paragraph (1) shall also estimate the number of

9 excludable or deportable aliens who were re10 leased into the community due to a lack of de11 tention facilities in each of the 3 fiscal years

12 concluded prior to the date of the report not13 withstanding circumstances that the Attorney

14 General believed justified detention (for exam15 ple, a significant probability that the released

16 alien would not appear, as agreed, at subse17 quent exclusion or deportation proceedings).

18 (C) SUBSEQUENT REPORTS.—Each report

19 under paragraph (1) following the first such re20 port shall include the estimates under subpara21 graphs (A) and (B), made with respect to the

22 6-month period immediately preceding the date

23 of the submission of the report.
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1 SEC. 387. PILOT PROGRAM ON USE OF CLOSED MILITARY

2 BASES FOR THE DETENTION OF INADMIS3 SIBLE OR DEPORTABLE ALIENS.

4 (a) ESTABLISHMENT.—The Attorney General and

5 the Secretary of Defense shall establish one or more pilot

6 programs for up to 2 years each to determine the feasibil7 ity of the use of military bases, available because of actions

8 under a base closure law, as detention centers by the Im9 migration and Naturalization Service. In selecting real

10 property at a military base for use as a detention center

11 under the pilot program, the Attorney General and the

12 Secretary shall consult with the redevelopment authority

13 established for the military base and give substantial def14 erence to the redevelopment plan prepared for the military

15 base.

16 (b) REPORT.—Not later than 30 months after the

17 date of the enactment of this Act, the Attorney General,

18 together with the Secretary of Defense, shall submit a re19 port to the Committees on the Judiciary of the House of

20 Representatives and of the Senate, and the Committees

21 on Armed Services of the House of Representatives and

22 of the Senate, on the feasibility of using military bases

23 closed under a base closure law as detention centers by

24 the Immigration and Naturalization Service.

25 (c) DEFINITION.—For purposes of this section, the

26 term ‘‘base closure law’’ means each of the following:
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1 (1) The Defense Base Closure and Realignment

2 Act of 1990 (part A of title XXIX of Public Law

3 101–510; 10 U.S.C. 2687 note).

4 (2) Title II of the Defense Authorization

5 Amendments and Base Closure and Realignment

6 Act (Public Law 100–526; 10 U.S.C. 2687 note).

7 (3) Section 2687 of title 10, United States

8 Code.

9 (4) Any other similar law enacted after the date

10 of the enactment of this Act.

11 SEC. 388. REPORT ON INTERIOR REPATRIATION PROGRAM.

12 Not later than 30 months after the date of the enact13 ment of this Act, the Attorney General, in consultation

14 with the Secretary of State, shall submit a report to the

15 Committees on the Judiciary of the House of Representa16 tives and of the Senate on the operation of the program

17 of interior repatriation developed under section 437 of the

18 Antiterrorism and Effective Death Penalty Act of 1996

19 (Public Law 104–132).
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1 TITLE IV—ENFORCEMENT OF

2 RESTRICTIONS AGAINST EM3 PLOYMENT

4 Subtitle A—Pilot Programs for Em5 ployment Eligibility Confirma6 tion

7 SEC. 401. ESTABLISHMENT OF PROGRAMS.

8 (a) IN GENERAL.—The Attorney General shall con9 duct 3 pilot programs of employment eligibility confirma10 tion under this subtitle.

11 (b) IMPLEMENTATION DEADLINE; TERMINATION.—

12 The Attorney General shall implement the pilot programs

13 in a manner that permits persons and other entities to

14 have elections under section 402 of this division made and

15 in effect no later than 1 year after the date of the enact16 ment of this Act. Unless the Congress otherwise provides,

17 the Attorney General shall terminate a pilot program at

18 the end of the 4-year period beginning on the first day

19 the pilot program is in effect.

20 (c) SCOPE OF OPERATION OF PILOT PROGRAMS.—

21 The Attorney General shall provide for the operation—

22 (1) of the basic pilot program (described in sec23 tion 403(a) of this division) in, at a minimum, 5 of

24 the 7 States with the highest estimated population
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1 of aliens who are not lawfully present in the United

2 States;

3 (2) of the citizen attestation pilot program (de4 scribed in section 403(b) of this division) in at least

5 5 States (or, if fewer, all of the States) that meet

6 the condition described in section 403(b)(2)(A) of

7 this division; and

8 (3) of the machine-readable-document pilot pro9 gram (described in section 403(c) of this division) in

10 at least 5 States (or, if fewer, all of the States) that

11 meet the condition described in section 403(c)(2) of

12 this division.

13 (d) REFERENCES IN SUBTITLE.—In this subtitle—

14 (1) PILOT PROGRAM REFERENCES.—The terms

15 ‘‘program’’ or ‘‘pilot program’’ refer to any of the 3

16 pilot programs provided for under this subtitle.

17 (2) CONFIRMATION SYSTEM.—The term ‘‘con18 firmation system’’ means the confirmation system

19 established under section 404 of this division.

20 (3) REFERENCES TO SECTION 274A.—Any ref21 erence in this subtitle to section 274A (or a subdivi22 sion of such section) is deemed a reference to such

23 section (or subdivision thereof) of the Immigration

24 and Nationality Act.
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1 (4) I–9 OR SIMILAR FORM.—The term ‘‘I–9 or

2 similar form’’ means the form used for purposes of

3 section 274A(b)(1)(A) or such other form as the At4 torney General determines to be appropriate.

5 (5) LIMITED APPLICATION TO RECRUITERS AND

6 REFERRERS.—Any reference to recruitment or refer7 ral (or a recruiter or referrer) in relation to employ8 ment is deemed a reference only to such recruitment

9 or referral (or recruiter or referrer) that is subject

10 to section 274A(a)(1)(B)(ii).

11 (6) UNITED STATES CITIZENSHIP.—The term

12 ‘‘United States citizenship’’ includes United States

13 nationality.

14 (7) STATE.—The term ‘‘State’’ has the mean15 ing given such term in section 101(a)(36) of the Im16 migration and Nationality Act.

17 SEC. 402. VOLUNTARY ELECTION TO PARTICIPATE IN A

18 PILOT PROGRAM.

19 (a) VOLUNTARY ELECTION.—Subject to subsection

20 (c)(3)(B), any person or other entity that conducts any

21 hiring (or recruitment or referral) in a State in which a

22 pilot program is operating may elect to participate in that

23 pilot program. Except as specifically provided in sub24 section (e), the Attorney General may not require any per25 son or other entity to participate in a pilot program.
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1 (b) BENEFIT OF REBUTTABLE PRESUMPTION.—

2 (1) IN GENERAL.—If a person or other entity

3 is participating in a pilot program and obtains con4 firmation of identity and employment eligibility in

5 compliance with the terms and conditions of the pro6 gram with respect to the hiring (or recruitment or

7 referral) of an individual for employment in the

8 United States, the person or entity has established

9 a rebuttable presumption that the person or entity

10 has not violated section 274A(a)(1)(A) with respect

11 to such hiring (or such recruitment or referral).

12 (2) CONSTRUCTION.—Paragraph (1) shall not

13 be construed as preventing a person or other entity

14 that has an election in effect under subsection (a)

15 from establishing an affirmative defense under sec16 tion 274A(a)(3) if the person or entity complies with

17 the requirements of section 274A(a)(1)(B) but fails

18 to obtain confirmation under paragraph (1).

19 (c) GENERAL TERMS OF ELECTIONS.—

20 (1) IN GENERAL.—An election under subsection

21 (a) shall be in such form and manner, under such

22 terms and conditions, and shall take effect, as the

23 Attorney General shall specify. The Attorney Gen24 eral may not impose any fee as a condition of mak25 ing an election or participating in a pilot program.
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1 (2) SCOPE OF ELECTION.—

2 (A) IN GENERAL.—Subject to paragraph

3 (3), any electing person or other entity may

4 provide that the election under subsection (a)

5 shall apply (during the period in which the elec6 tion is in effect)—

7 (i) to all its hiring (and all recruit8 ment or referral) in the State (or States)

9 in which the pilot program is operating, or

10 (ii) to its hiring (or recruitment or re11 ferral) in one or more pilot program States

12 or one or more places of hiring (or recruit13 ment or referral, as the case may be) in

14 the pilot program States.

15 (B) APPLICATION OF PROGRAMS IN NON16 PILOT PROGRAM STATES.—In addition, the At17 torney General may permit a person or entity

18 electing—

19 (i) the basic pilot program (described

20 in section 403(a) of this division) to pro21 vide that the election applies to its hiring

22 (or recruitment or referral) in one or more

23 States or places of hiring (or recruitment

24 or referral) in which the pilot program is

25 not otherwise operating, or
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1 (ii) the citizen attestation pilot pro2 gram (described in 403(b) of this division)

3 or the machine-readable-document pilot

4 program (described in section 403(c) of

5 this division) to provide that the election

6 applies to its hiring (or recruitment or re7 ferral) in one or more States or places of

8 hiring (or recruitment or referral) in which

9 the pilot program is not otherwise operat10 ing but only if such States meet the re11 quirements of 403(b)(2)(A) and 403(c)(2)

12 of this division, respectively.

13 (3) ACCEPTANCE AND REJECTION OF ELEC14 TIONS.—

15 (A) IN GENERAL.—Except as provided in

16 subparagraph (B), the Attorney General shall

17 accept all elections made under subsection (a).

18 (B) REJECTION OF ELECTIONS.—The At19 torney General may reject an election by a per20 son or other entity under this section or limit

21 its applicability to certain States or places of

22 hiring (or recruitment or referral) if the Attor23 ney General has determined that there are in24 sufficient resources to provide appropriate serv25 ices under a pilot program for the person’s or
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1 entity’s hiring (or recruitment or referral) in

2 any or all States or places of hiring.

3 (4) TERMINATION OF ELECTIONS.—The Attor4 ney General may terminate an election by a person

5 or other entity under this section because the person

6 or entity has substantially failed to comply with its

7 obligations under the pilot program. A person or

8 other entity may terminate an election in such form

9 and manner as the Attorney General shall specify.

10 (d) CONSULTATION, EDUCATION, AND PUBLICITY.—

11 (1) CONSULTATION.—The Attorney General

12 shall closely consult with representatives of employ13 ers (and recruiters and referrers) in the development

14 and implementation of the pilot programs, including

15 the education of employers (and recruiters and refer16 rers) about such programs.

17 (2) PUBLICITY.—The Attorney General shall

18 widely publicize the election process and pilot pro19 grams, including the voluntary nature of the pilot

20 programs and the advantages to employers (and re21 cruiters and referrers) of making an election under

22 this section.

23 (3) ASSISTANCE THROUGH DISTRICT OF24 FICES.—The Attorney General shall designate one or

25 more individuals in each District office of the Immi-
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1 gration and Naturalization Service for a Service Dis2 trict in which a pilot program is being imple3 mented—

4 (A) to inform persons and other entities

5 that seek information about pilot programs of

6 the voluntary nature of such programs, and

7 (B) to assist persons and other entities in

8 electing and participating in any pilot programs

9 in effect in the District, in complying with the

10 requirements of section 274A, and in facilitat11 ing confirmation of the identity and employ12 ment eligibility of individuals consistent with

13 such section.

14 (e) SELECT ENTITIES REQUIRED TO PARTICIPATE IN

15 A PILOT PROGRAM.—

16 (1) FEDERAL GOVERNMENT.—

17 (A) EXECUTIVE DEPARTMENTS.—

18 (i) IN GENERAL.—Each Department

19 of the Federal Government shall elect to

20 participate in a pilot program and shall

21 comply with the terms and conditions of

22 such an election.

23 (ii) ELECTION.—Subject to clause

24 (iii), the Secretary of each such Depart25 ment—
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1 (I) shall elect the pilot program

2 (or programs) in which the Depart3 ment shall participate, and

4 (II) may limit the election to hir5 ing occurring in certain States (or ge6 ographic areas) covered by the pro7 gram (or programs) and in specified

8 divisions within the Department, so

9 long as all hiring by such divisions

10 and in such locations is covered.

11 (iii) ROLE OF ATTORNEY GENERAL.—

12 The Attorney General shall assist and co13 ordinate elections under this subparagraph

14 in such manner as assures that—

15 (I) a significant portion of the

16 total hiring within each Department

17 within States covered by a pilot pro18 gram is covered under such a pro19 gram, and

20 (II) there is significant participa21 tion by the Federal Executive branch

22 in each of the pilot programs.

23 (B) LEGISLATIVE BRANCH.—Each Member

24 of Congress, each officer of Congress, and the

25 head of each agency of the legislative branch,
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1 that conducts hiring in a State in which a pilot

2 program is operating shall elect to participate

3 in a pilot program, may specify which pilot pro4 gram or programs (if there is more than one)

5 in which the Member, officer, or agency will

6 participate, and shall comply with the terms

7 and conditions of such an election.

8 (2) APPLICATION TO CERTAIN VIOLATORS.—An

9 order under section 274A(e)(4) or section 274B(g)

10 of the Immigration and Nationality Act may require

11 the subject of the order to participate in, and comply

12 with the terms of, a pilot program with respect to

13 the subject’s hiring (or recruitment or referral) of

14 individuals in a State covered by such a program.

15 (3) CONSEQUENCE OF FAILURE TO PARTICI16 PATE.—If a person or other entity is required under

17 this subsection to participate in a pilot program and

18 fails to comply with the requirements of such pro19 gram with respect to an individual—

20 (A) such failure shall be treated as a viola21 tion of section 274A(a)(1)(B) with respect to

22 that individual, and

23 (B) a rebuttable presumption is created

24 that the person or entity has violated section

25 274A(a)(1)(A).
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1 Subparagraph (B) shall not apply in any prosecution

2 under section 274A(f)(1).

3 (f) CONSTRUCTION.—This subtitle shall not affect

4 the authority of the Attorney General under any other law

5 (including section 274A(d)(4)) to conduct demonstration

6 projects in relation to section 274A.

7 SEC. 403. PROCEDURES FOR PARTICIPANTS IN PILOT PRO8 GRAMS.

9 (a) BASIC PILOT PROGRAM.—A person or other en10 tity that elects to participate in the basic pilot program

11 described in this subsection agrees to conform to the fol12 lowing procedures in the case of the hiring (or recruitment

13 or referral) for employment in the United States of each

14 individual covered by the election:

15 (1) PROVISION OF ADDITIONAL INFORMA16 TION.—The person or entity shall obtain from the

17 individual (and the individual shall provide) and

18 shall record on the I–9 or similar form—

19 (A) the individual’s social security account

20 number, if the individual has been issued such

21 a number, and

22 (B) if the individual does not attest to

23 United States citizenship under section

24 274A(b)(2), such identification or authorization

25 number established by the Immigration and
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1 Naturalization Service for the alien as the At2 torney General shall specify,

3 and shall retain the original form and make it avail4 able for inspection for the period and in the manner

5 required of I–9 forms under section 274A(b)(3).

6 (2) PRESENTATION OF DOCUMENTATION.—

7 (A) IN GENERAL.—The person or other en8 tity, and the individual whose identity and em9 ployment eligibility are being confirmed, shall,

10 subject to subparagraph (B), fulfill the require11 ments of section 274A(b) with the following

12 modifications:

13 (i) A document referred to in section

14 274A(b)(1)(B)(ii) (as redesignated by sec15 tion 412(a) of this division) must be des16 ignated by the Attorney General as suit17 able for the purpose of identification in a

18 pilot program.

19 (ii) A document referred to in section

20 274A(b)(1)(D) must contain a photograph

21 of the individual.

22 (iii) The person or other entity has

23 complied with the requirements of section

24 274A(b)(1) with respect to examination of

25 a document if the document reasonably ap-
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1 pears on its face to be genuine and it rea2 sonably appears to pertain to the individ3 ual whose identity and work eligibility is

4 being confirmed.

5 (B) LIMITATION OF REQUIREMENT TO EX6 AMINE DOCUMENTATION.—If the Attorney Gen7 eral finds that a pilot program would reliably

8 determine with respect to an individual wheth9 er—

10 (i) the person with the identity

11 claimed by the individual is authorized to

12 work in the United States, and

13 (ii) the individual is claiming the iden14 tity of another person,

15 if a person or entity could fulfill the require16 ment to examine documentation contained in

17 subparagraph (A) of section 274A(b)(1) by ex18 amining a document specified in either subpara19 graph (B) or (D) of such section, the Attorney

20 General may provide that, for purposes of such

21 requirement, only such a document need be ex22 amined. In such case, any reference in section

23 274A(b)(1)(A) to a verification that an individ24 ual is not an unauthorized alien shall be
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1 deemed to be a verification of the individual’s

2 identity.

3 (3) SEEKING CONFIRMATION.—

4 (A) IN GENERAL.—The person or other en5 tity shall make an inquiry, as provided in sec6 tion 404(a)(1) of this division, using the con7 firmation system to seek confirmation of the

8 identity and employment eligibility of an indi9 vidual, by not later than the end of 3 working

10 days (as specified by the Attorney General)

11 after the date of the hiring (or recruitment or

12 referral, as the case may be).

13 (B) EXTENSION OF TIME PERIOD.—If the

14 person or other entity in good faith attempts to

15 make an inquiry during such 3 working days

16 and the confirmation system has registered that

17 not all inquiries were received during such time,

18 the person or entity can make an inquiry in the

19 first subsequent working day in which the con20 firmation system registers that it has received

21 all inquiries. If the confirmation system cannot

22 receive inquiries at all times during a day, the

23 person or entity merely has to assert that the

24 entity attempted to make the inquiry on that

25 day for the previous sentence to apply to such
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1 an inquiry, and does not have to provide any

2 additional proof concerning such inquiry.

3 (4) CONFIRMATION OR NONCONFIRMATION.—

4 (A) CONFIRMATION UPON INITIAL IN5 QUIRY.—If the person or other entity receives

6 an appropriate confirmation of an individual’s

7 identity and work eligibility under the confirma8 tion system within the time period specified

9 under section 404(b) of this division, the person

10 or entity shall record on the I–9 or similar form

11 an appropriate code that is provided under the

12 system and that indicates a final confirmation

13 of such identity and work eligibility of the indi14 vidual.

15 (B) NONCONFIRMATION UPON INITIAL IN16 QUIRY AND SECONDARY VERIFICATION.—

17 (i) NONCONFIRMATION.—If the per18 son or other entity receives a tentative

19 nonconfirmation of an individual’s identity

20 or work eligibility under the confirmation

21 system within the time period specified

22 under 404(b) of this division, the person or

23 entity shall so inform the individual for

24 whom the confirmation is sought.
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1 (ii) NO CONTEST.—If the individual

2 does not contest the nonconfirmation with3 in the time period specified in section

4 404(c) of this division, the nonconfirmation

5 shall be considered final. The person or en6 tity shall then record on the I–9 or similar

7 form an appropriate code which has been

8 provided under the system to indicate a

9 tentative nonconfirmation.

10 (iii) CONTEST.—If the individual does

11 contest the nonconfirmation, the individual

12 shall utilize the process for secondary ver13 ification provided under section 404(c) of

14 this division. The nonconfirmation will re15 main tentative until a final confirmation or

16 nonconfirmation is provided by the con17 firmation system within the time period

18 specified in such section. In no case shall

19 an employer terminate employment of an

20 individual because of a failure of the indi21 vidual to have identity and work eligibility

22 confirmed under this section until a non23 confirmation becomes final. Nothing in this

24 clause shall apply to a termination of em-
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1 ployment for any reason other than be2 cause of such a failure.

3 (iv) RECORDING OF CONCLUSION ON

4 FORM.—If a final confirmation or noncon5 firmation is provided by the confirmation

6 system under section 404(c) of this divi7 sion regarding an individual, the person or

8 entity shall record on the I–9 or similar

9 form an appropriate code that is provided

10 under the system and that indicates a con11 firmation or nonconfirmation of identity

12 and work eligibility of the individual.

13 (C) CONSEQUENCES OF NONCONFIRMA14 TION.—

15 (i) TERMINATION OR NOTIFICATION

16 OF CONTINUED EMPLOYMENT.—If the per17 son or other entity has received a final

18 nonconfirmation regarding an individual

19 under subparagraph (B), the person or en20 tity may terminate employment (or recruit21 ment or referral) of the individual. If the

22 person or entity does not terminate em23 ployment (or recruitment or referral) of

24 the individual, the person or entity shall

25 notify the Attorney General of such fact
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1 through the confirmation system or in such

2 other manner as the Attorney General may

3 specify.

4 (ii) FAILURE TO NOTIFY.—If the per5 son or entity fails to provide notice with

6 respect to an individual as required under

7 clause (i), the failure is deemed to con8 stitute a violation of section 274A(a)(1)(B)

9 with respect to that individual and the ap10 plicable civil monetary penalty under sec11 tion 274A(e)(5) shall be (notwithstanding

12 the amounts specified in such section) no

13 less than $500 and no more than $1,000

14 for each individual with respect to whom

15 such violation occurred.

16 (iii) CONTINUED EMPLOYMENT AFTER

17 FINAL NONCONFIRMATION.—If the person

18 or other entity continues to employ (or to

19 recruit or refer) an individual after receiv20 ing final nonconfirmation, a rebuttable

21 presumption is created that the person or

22 entity has violated section 274A(a)(1)(A).

23 The previous sentence shall not apply in

24 any prosecution under section 274A(f)(1).

25 (b) CITIZEN ATTESTATION PILOT PROGRAM.—
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1 (1) IN GENERAL.—Except as provided in para2 graphs (3) through (5), the procedures applicable

3 under the citizen attestation pilot program under

4 this subsection shall be the same procedures as those

5 under the basic pilot program under subsection (a).

6 (2) RESTRICTIONS.—

7 (A) STATE DOCUMENT REQUIREMENT TO

8 PARTICIPATE IN PILOT PROGRAM.—The Attor9 ney General may not provide for the operation

10 of the citizen attestation pilot program in a

11 State unless each driver’s license or similar

12 identification document described in section

13 274A(b)(1)(D)(i) issued by the State—

14 (i) contains a photograph of the indi15 vidual involved, and

16 (ii) has been determined by the Attor17 ney General to have security features, and

18 to have been issued through application

19 and issuance procedures, which make such

20 document sufficiently resistant to counter21 feiting, tampering, and fraudulent use that

22 it is a reliable means of identification for

23 purposes of this section.

24 (B) AUTHORIZATION TO LIMIT EMPLOYER

25 PARTICIPATION.—The Attorney General may
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1 restrict the number of persons or other entities

2 that may elect to participate in the citizen at3 testation pilot program under this subsection as

4 the Attorney General determines to be nec5 essary to produce a representative sample of

6 employers and to reduce the potential impact of

7 fraud.

8 (3) NO CONFIRMATION REQUIRED FOR CERTAIN

9 INDIVIDUALS ATTESTING TO U.S. CITIZENSHIP.—In

10 the case of a person or other entity hiring (or re11 cruiting or referring) an individual under the citizen

12 attestation pilot program, if the individual attests to

13 United States citizenship (under penalty of perjury

14 on an I–9 or similar form which form states on its

15 face the criminal and other penalties provided under

16 law for a false representation of United States citi17 zenship)—

18 (A) the person or entity may fulfill the re19 quirement to examine documentation contained

20 in subparagraph (A) of section 274A(b)(1) by

21 examining a document specified in either sub22 paragraph (B)(i) or (D) of such section; and

23 (B) the person or other entity is not re24 quired to comply with respect to such individual

25 with the procedures described in paragraphs (3)
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1 and (4) of subsection (a), but only if the person

2 or entity retains the form and makes it avail3 able for inspection in the same manner as in

4 the case of an I–9 form under section

5 274A(b)(3).

6 (4) WAIVER OF DOCUMENT PRESENTATION RE7 QUIREMENT IN CERTAIN CASES.—

8 (A) IN GENERAL.—In the case of a person

9 or entity that elects, in a manner specified by

10 the Attorney General consistent with subpara11 graph (B), to participate in the pilot program

12 under this paragraph, if an individual being

13 hired (or recruited or referred) attests (in the

14 manner described in paragraph (3)) to United

15 States citizenship and the person or entity re16 tains the form on which the attestation is made

17 and makes it available for inspection in the

18 same manner as in the case of an I–9 form

19 under section 274A(b)(3), the person or entity

20 is not required to comply with the procedures

21 described in section 274A(b).

22 (B) RESTRICTION.—The Attorney General

23 shall restrict the election under this paragraph

24 to no more than 1,000 employers and, to the

25 extent practicable, shall select among employers
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1 seeking to make such election in a manner that

2 provides for such an election by a representative

3 sample of employers.

4 (5) NONREVIEWABLE DETERMINATIONS.—The

5 determinations of the Attorney General under para6 graphs (2) and (4) are within the discretion of the

7 Attorney General and are not subject to judicial or

8 administrative review.

9 (c) MACHINE-READABLE-DOCUMENT PILOT PRO10 GRAM.—

11 (1) IN GENERAL.—Except as provided in para12 graph (3), the procedures applicable under the ma13 chine-readable-document pilot program under this

14 subsection shall be the same procedures as those

15 under the basic pilot program under subsection (a).

16 (2) STATE DOCUMENT REQUIREMENT TO PAR17 TICIPATE IN PILOT PROGRAM.—The Attorney Gen18 eral may not provide for the operation of the ma19 chine-readable-document pilot program in a State

20 unless driver’s licenses and similar identification

21 documents described in section 274A(b)(1)(D)(i) is22 sued by the State include a machine-readable social

23 security account number.

24 (3) USE OF MACHINE-READABLE DOCU25 MENTS.—If the individual whose identity and em-
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1 ployment eligibility must be confirmed presents to

2 the person or entity hiring (or recruiting or refer3 ring) the individual a license or other document de4 scribed in paragraph (2) that includes a machine5 readable social security account number, the person

6 or entity must make an inquiry through the con7 firmation system by using a machine-readable fea8 ture of such document. If the individual does not at9 test to United States citizenship under section

10 274A(b)(2), the individual’s identification or author11 ization number described in subsection (a)(1)(B)

12 shall be provided as part of the inquiry.

13 (d) PROTECTION FROM LIABILITY FOR ACTIONS

14 TAKEN ON THE BASIS OF INFORMATION PROVIDED BY

15 THE CONFIRMATION SYSTEM.—No person or entity par16 ticipating in a pilot program shall be civilly or criminally

17 liable under any law for any action taken in good faith

18 reliance on information provided through the confirmation

19 system.

20 SEC. 404. EMPLOYMENT ELIGIBILITY CONFIRMATION SYS21 TEM.

22 (a) IN GENERAL.—The Attorney General shall estab23 lish a pilot program confirmation system through which

24 the Attorney General (or a designee of the Attorney Gen25 eral, which may be a nongovernmental entity)—
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1 (1) responds to inquiries made by electing per2 sons and other entities (including those made by the

3 transmittal of data from machine-readable docu4 ments under the machine-readable pilot program) at

5 any time through a toll-free telephone line or other

6 toll-free electronic media concerning an individual’s

7 identity and whether the individual is authorized to

8 be employed, and

9 (2) maintains records of the inquiries that were

10 made, of confirmations provided (or not provided),

11 and of the codes provided to inquirers as evidence of

12 their compliance with their obligations under the

13 pilot programs.

14 To the extent practicable, the Attorney General shall seek

15 to establish such a system using one or more nongovern16 mental entities.

17 (b) INITIAL RESPONSE.—The confirmation system

18 shall provide confirmation or a tentative nonconfirmation

19 of an individual’s identity and employment eligibility with20 in 3 working days of the initial inquiry. If providing con21 firmation or tentative nonconfirmation, the confirmation

22 system shall provide an appropriate code indicating such

23 confirmation or such nonconfirmation.

24 (c) SECONDARY VERIFICATION PROCESS IN CASE OF

25 TENTATIVE NONCONFIRMATION.—In cases of tentative
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1 nonconfirmation, the Attorney General shall specify, in

2 consultation with the Commissioner of Social Security and

3 the Commissioner of the Immigration and Naturalization

4 Service, an available secondary verification process to con5 firm the validity of information provided and to provide

6 a final confirmation or nonconfirmation within 10 working

7 days after the date of the tentative nonconfirmation. When

8 final confirmation or nonconfirmation is provided, the con9 firmation system shall provide an appropriate code indi10 cating such confirmation or nonconfirmation.

11 (d) DESIGN AND OPERATION OF SYSTEM.—The con12 firmation system shall be designed and operated—

13 (1) to maximize its reliability and ease of use

14 by persons and other entities making elections under

15 section 402(a) of this division consistent with insu16 lating and protecting the privacy and security of the

17 underlying information;

18 (2) to respond to all inquiries made by such

19 persons and entities on whether individuals are au20 thorized to be employed and to register all times

21 when such inquiries are not received;

22 (3) with appropriate administrative, technical,

23 and physical safeguards to prevent unauthorized dis24 closure of personal information; and
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1 (4) to have reasonable safeguards against the

2 system’s resulting in unlawful discriminatory prac3 tices based on national origin or citizenship status,

4 including—

5 (A) the selective or unauthorized use of the

6 system to verify eligibility;

7 (B) the use of the system prior to an offer

8 of employment; or

9 (C) the exclusion of certain individuals

10 from consideration for employment as a result

11 of a perceived likelihood that additional verifica12 tion will be required, beyond what is required

13 for most job applicants.

14 (e) RESPONSIBILITIES OF THE COMMISSIONER OF

15 SOCIAL SECURITY.—As part of the confirmation system,

16 the Commissioner of Social Security, in consultation with

17 the entity responsible for administration of the system,

18 shall establish a reliable, secure method, which, within the

19 time periods specified under subsections (b) and (c), com20 pares the name and social security account number pro21 vided in an inquiry against such information maintained

22 by the Commissioner in order to confirm (or not confirm)

23 the validity of the information provided regarding an indi24 vidual whose identity and employment eligibility must be

25 confirmed, the correspondence of the name and number,
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1 and whether the individual has presented a social security

2 account number that is not valid for employment. The

3 Commissioner shall not disclose or release social security

4 information (other than such confirmation or noncon5 firmation).

6 (f) RESPONSIBILITIES OF THE COMMISSIONER OF

7 THE IMMIGRATION AND NATURALIZATION SERVICE.—As

8 part of the confirmation system, the Commissioner of the

9 Immigration and Naturalization Service, in consultation

10 with the entity responsible for administration of the sys11 tem, shall establish a reliable, secure method, which, with12 in the time periods specified under subsections (b) and (c),

13 compares the name and alien identification or authoriza14 tion number described in section 403(a)(1)(B) of this divi15 sion which are provided in an inquiry against such infor16 mation maintained by the Commissioner in order to con17 firm (or not confirm) the validity of the information pro18 vided, the correspondence of the name and number, and

19 whether the alien is authorized to be employed in the Unit20 ed States.

21 (g) UPDATING INFORMATION.—The Commissioners

22 of Social Security and the Immigration and Naturalization

23 Service shall update their information in a manner that

24 promotes the maximum accuracy and shall provide a proc25 ess for the prompt correction of erroneous information, in-
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1 cluding instances in which it is brought to their attention

2 in the secondary verification process described in sub3 section (c).

4 (h) LIMITATION ON USE OF THE CONFIRMATION

5 SYSTEM AND ANY RELATED SYSTEMS.—

6 (1) IN GENERAL.—Notwithstanding any other

7 provision of law, nothing in this subtitle shall be

8 construed to permit or allow any department, bu9 reau, or other agency of the United States Govern10 ment to utilize any information, data base, or other

11 records assembled under this subtitle for any other

12 purpose other than as provided for under a pilot

13 program.

14 (2) NO NATIONAL IDENTIFICATION CARD.—

15 Nothing in this subtitle shall be construed to author16 ize, directly or indirectly, the issuance or use of na17 tional identification cards or the establishment of a

18 national identification card.

19 SEC. 405. REPORTS.

20 The Attorney General shall submit to the Committees

21 on the Judiciary of the House of Representatives and of

22 the Senate reports on the pilot programs within 3 months

23 after the end of the third and fourth years in which the

24 programs are in effect. Such reports shall—
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1 (1) assess the degree of fraudulent attesting of

2 United States citizenship,

3 (2) include recommendations on whether or not

4 the pilot programs should be continued or modified,

5 and

6 (3) assess the benefits of the pilot programs to

7 employers and the degree to which they assist in the

8 enforcement of section 274A.

9 Subtitle B—Other Provisions

10 Relating to Employer Sanctions

11 SEC. 411. LIMITING LIABILITY FOR CERTAIN TECHNICAL

12 VIOLATIONS OF PAPERWORK REQUIRE13 MENTS.

14 (a) IN GENERAL.—Section 274A(b) (8 U.S.C.

15 1324a(b)) is amended by adding at the end the following

16 new paragraph:

17 ‘‘(6) GOOD FAITH COMPLIANCE.—

18 ‘‘(A) IN GENERAL.—Except as provided in

19 subparagraphs (B) and (C), a person or entity

20 is considered to have complied with a require21 ment of this subsection notwithstanding a tech22 nical or procedural failure to meet such require23 ment if there was a good faith attempt to com24 ply with the requirement.
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1 ‘‘(B) EXCEPTION IF FAILURE TO CORRECT

2 AFTER NOTICE.—Subparagraph (A) shall not

3 apply if—

4 ‘‘(i) the Service (or another enforce5 ment agency) has explained to the person

6 or entity the basis for the failure,

7 ‘‘(ii) the person or entity has been

8 provided a period of not less than 10 busi9 ness days (beginning after the date of the

10 explanation) within which to correct the

11 failure, and

12 ‘‘(iii) the person or entity has not cor13 rected the failure voluntarily within such

14 period.

15 ‘‘(C) EXCEPTION FOR PATTERN OR PRAC16 TICE VIOLATORS.—Subparagraph (A) shall not

17 apply to a person or entity that has or is engag18 ing in a pattern or practice of violations of sub19 section (a)(1)(A) or (a)(2).’’.

20 (b) EFFECTIVE DATE.—The amendment made by

21 subsection (a) shall apply to failures occurring on or after

22 the date of the enactment of this Act.
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1 SEC. 412. PAPERWORK AND OTHER CHANGES IN THE EM2 PLOYER SANCTIONS PROGRAM.

3 (a) REDUCING THE NUMBER OF DOCUMENTS AC4 CEPTED FOR EMPLOYMENT VERIFICATION.—Section

5 274A(b)(1) (8 U.S.C. 1324a(b)(1)) is amended—

6 (1) in subparagraph (B)—

7 (A) by striking clauses (ii) through (iv),

8 (B) in clause (v), by striking ‘‘or other

9 alien registration card, if the card’’ and insert10 ing ‘‘, alien registration card, or other docu11 ment designated by the Attorney General, if the

12 document’’ and redesignating such clause as

13 clause (ii), and

14 (C) in clause (ii), as so redesignated—

15 (i) in subclause (I), by striking ‘‘or’’

16 before ‘‘such other personal identifying in17 formation’’ and inserting ‘‘and’’,

18 (ii) by striking ‘‘and’’ at the end of

19 subclause (I),

20 (iii) by striking the period at the end

21 of subclause (II) and inserting ‘‘, and’’,

22 and

23 (iv) by adding at the end the following

24 new subclause:
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1 ‘‘(III) contains security features

2 to make it resistant to tampering,

3 counterfeiting, and fraudulent use.’’;

4 (2) in subparagraph (C)—

5 (A) by adding ‘‘or’’ at the end of clause (i),

6 (B) by striking clause (ii), and

7 (C) by redesignating clause (iii) as clause

8 (ii); and

9 (3) by adding at the end the following new sub10 paragraph:

11 ‘‘(E) AUTHORITY TO PROHIBIT USE OF

12 CERTAIN DOCUMENTS.—If the Attorney Gen13 eral finds, by regulation, that any document de14 scribed in subparagraph (B), (C), or (D) as es15 tablishing employment authorization or identity

16 does not reliably establish such authorization or

17 identity or is being used fraudulently to an un18 acceptable degree, the Attorney General may

19 prohibit or place conditions on its use for pur20 poses of this subsection.’’.

21 (b) REDUCTION OF PAPERWORK FOR CERTAIN EM22 PLOYEES.—Section 274A(a) (8 U.S.C. 1324a(a)) is

23 amended by adding at the end the following new para24 graph:
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1 ‘‘(6) TREATMENT OF DOCUMENTATION FOR

2 CERTAIN EMPLOYEES.—

3 ‘‘(A) IN GENERAL.—For purposes of this

4 section, if—

5 ‘‘(i) an individual is a member of a

6 collective-bargaining unit and is employed,

7 under a collective bargaining agreement

8 entered into between one or more employee

9 organizations and an association of two or

10 more employers, by an employer that is a

11 member of such association, and

12 ‘‘(ii) within the period specified in

13 subparagraph (B), another employer that

14 is a member of the association (or an

15 agent of such association on behalf of the

16 employer) has complied with the require17 ments of subsection (b) with respect to the

18 employment of the individual,

19 the subsequent employer shall be deemed to

20 have complied with the requirements of sub21 section (b) with respect to the hiring of the em22 ployee and shall not be liable for civil penalties

23 described in subsection (e)(5).

24 ‘‘(B) PERIOD.—The period described in

25 this subparagraph is 3 years, or, if less, the pe-
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1 riod of time that the individual is authorized to

2 be employed in the United States.

3 ‘‘(C) LIABILITY.—

4 ‘‘(i) IN GENERAL.—If any employer

5 that is a member of an association hires

6 for employment in the United States an in7 dividual and relies upon the provisions of

8 subparagraph (A) to comply with the re9 quirements of subsection (b) and the indi10 vidual is an alien not authorized to work in

11 the United States, then for the purposes of

12 paragraph (1)(A), subject to clause (ii),

13 the employer shall be presumed to have

14 known at the time of hiring or afterward

15 that the individual was an alien not au16 thorized to work in the United States.

17 ‘‘(ii) REBUTTAL OF PRESUMPTION.—

18 The presumption established by clause (i)

19 may be rebutted by the employer only

20 through the presentation of clear and con21 vincing evidence that the employer did not

22 know (and could not reasonably have

23 known) that the individual at the time of

24 hiring or afterward was an alien not au25 thorized to work in the United States.
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1 ‘‘(iii) EXCEPTION.—Clause (i) shall

2 not apply in any prosecution under sub3 section (f)(1).’’.

4 (c) ELIMINATION OF DATED PROVISIONS.—Section

5 274A (8 U.S.C. 1324a) is amended by striking subsections

6 (i) through (n).

7 (d) CLARIFICATION OF APPLICATION TO FEDERAL

8 GOVERNMENT.—Section 274A(a) (8 U.S.C. 1324a(a)), as

9 amended by subsection (b), is amended by adding at the

10 end the following new paragraph:

11 ‘‘(7) APPLICATION TO FEDERAL GOVERN12 MENT.—For purposes of this section, the term ‘en13 tity’ includes an entity in any branch of the Federal

14 Government.’’.

15 (e) EFFECTIVE DATES.—

16 (1) The amendments made by subsection (a)

17 shall apply with respect to hiring (or recruitment or

18 referral) occurring on or after such date (not later

19 than 12 months after the date of the enactment of

20 this Act) as the Attorney General shall designate.

21 (2) The amendment made by subsection (b)

22 shall apply to individuals hired on or after 60 days

23 after the date of the enactment of this Act.
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1 (3) The amendment made by subsection (c)

2 shall take effect on the date of the enactment of this

3 Act.

4 (4) The amendment made by subsection (d) ap5 plies to hiring occurring before, on, or after the date

6 of the enactment of this Act, but no penalty shall be

7 imposed under subsection (e) or (f) of section 274A

8 of the Immigration and Nationality Act for such hir9 ing occurring before such date.

10 SEC. 413. REPORT ON ADDITIONAL AUTHORITY OR RE11 SOURCES NEEDED FOR ENFORCEMENT OF

12 EMPLOYER SANCTIONS PROVISIONS.

13 (a) IN GENERAL.—Not later than 1 year after the

14 date of the enactment of this Act, the Attorney General

15 shall submit to the Committees on the Judiciary of the

16 House of Representatives and of the Senate a report on

17 any additional authority or resources needed—

18 (1) by the Immigration and Naturalization

19 Service in order to enforce section 274A of the Im20 migration and Nationality Act, or

21 (2) by Federal agencies in order to carry out

22 the Executive Order of February 13, 1996 (entitled

23 ‘‘Economy and Efficiency in Government Procure24 ment Through Compliance with Certain Immigration

25 and Naturalization Act Provisions’’) and to expand
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1 the restrictions in such order to cover agricultural

2 subsidies, grants, job training programs, and other

3 Federally subsidized assistance programs.

4 (b) REFERENCE TO INCREASED AUTHORIZATION OF

5 APPROPRIATIONS.—For provision increasing the author6 ization of appropriations for investigators for violations of

7 sections 274 and 274A of the Immigration and National8 ity Act, see section 131 of this division.

9 SEC. 414. REPORTS ON EARNINGS OF ALIENS NOT AUTHOR10 IZED TO WORK.

11 (a) IN GENERAL.—Subsection (c) of section 290 (8

12 U.S.C. 1360) is amended to read as follows:

13 ‘‘(c)(1) Not later than 3 months after the end of each

14 fiscal year (beginning with fiscal year 1996), the Commis15 sioner of Social Security shall report to the Committees

16 on the Judiciary of the House of Representatives and the

17 Senate on the aggregate quantity of social security ac18 count numbers issued to aliens not authorized to be em19 ployed, with respect to which, in such fiscal year, earnings

20 were reported to the Social Security Administration.

21 ‘‘(2) If earnings are reported on or after January 1,

22 1997, to the Social Security Administration on a social

23 security account number issued to an alien not authorized

24 to work in the United States, the Commissioner of Social

25 Security shall provide the Attorney General with informa-
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1 tion regarding the name and address of the alien, the

2 name and address of the person reporting the earnings,

3 and the amount of the earnings. The information shall be

4 provided in an electronic form agreed upon by the Com5 missioner and the Attorney General.’’.

6 (b) REPORT ON FRAUDULENT USE OF SOCIAL SECU7 RITY ACCOUNT NUMBERS.—The Commissioner of Social

8 Security shall transmit to the Attorney General, by not

9 later than 1 year after the date of the enactment of this

10 Act, a report on the extent to which social security account

11 numbers and cards are used by aliens for fraudulent pur12 poses.

13 SEC. 415. AUTHORIZING MAINTENANCE OF CERTAIN IN14 FORMATION ON ALIENS.

15 Section 264 (8 U.S.C. 1304) is amended by adding

16 at the end the following new subsection:

17 ‘‘(f) Notwithstanding any other provision of law, the

18 Attorney General is authorized to require any alien to pro19 vide the alien’s social security account number for pur20 poses of inclusion in any record of the alien maintained

21 by the Attorney General or the Service.’’.

22 SEC. 416. SUBPOENA AUTHORITY.

23 Section 274A(e)(2) (8 U.S.C. 1324a(e)(2)) is amend24 ed—
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1 (1) by striking ‘‘and’’ at the end of subpara2 graph (A);

3 (2) by striking the period at the end of sub4 paragraph (B) and inserting ‘‘, and’’; and

5 (3) by inserting after subparagraph (B) the fol6 lowing:

7 ‘‘(C) immigration officers designated by

8 the Commissioner may compel by subpoena the

9 attendance of witnesses and the production of

10 evidence at any designated place prior to the fil11 ing of a complaint in a case under paragraph

12 (2).’’.

13 Subtitle C—Unfair Immigration14 Related Employment Practices

15 SEC. 421. TREATMENT OF CERTAIN DOCUMENTARY PRAC16 TICES AS UNFAIR IMMIGRATION-RELATED

17 EMPLOYMENT PRACTICES.

18 (a) IN GENERAL.—Section 274B(a)(6) (8 U.S.C.

19 1324b(a)(6)) is amended—

20 (1) by striking ‘‘For purposes of paragraph (1),

21 a’’ and inserting ‘‘A’’; and

22 (2) by striking ‘‘relating to the hiring of indi23 viduals’’ and inserting the following: ‘‘if made for

24 the purpose or with the intent of discriminating

25 against an individual in violation of paragraph (1)’’.
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1 (b) EFFECTIVE DATE.—The amendments made by

2 subsection (a) shall apply to requests made on or after

3 the date of the enactment of this Act.

4 TITLE V—RESTRICTIONS ON

5 BENEFITS FOR ALIENS

6 Subtitle A—Eligibility of Aliens for

7 Public Assistance and Benefits

8 SEC. 501. EXCEPTION TO INELIGIBILITY FOR PUBLIC BENE9 FITS FOR CERTAIN BATTERED ALIENS.

10 Section 431 of the Personal Responsibility and Work

11 Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641)

12 is amended by adding at the end the following new sub13 section:

14 ‘‘(c) TREATMENT OF CERTAIN BATTERED ALIENS AS

15 QUALIFIED ALIENS.—For purposes of this title, the term

16 ‘qualified alien’ includes—

17 ‘‘(1) an alien who—

18 ‘‘(A) has been battered or subjected to ex19 treme cruelty in the United States by a spouse

20 or a parent, or by a member of the spouse or

21 parent’s family residing in the same household

22 as the alien and the spouse or parent consented

23 to, or acquiesced in, such battery or cruelty, but

24 only if (in the opinion of the Attorney General,

25 which opinion is not subject to review by any
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1 court) there is a substantial connection between

2 such battery or cruelty and the need for the

3 benefits to be provided; and

4 ‘‘(B) has been approved or has a petition

5 pending which sets forth a prima facie case

6 for—

7 ‘‘(i) status as a spouse or a child of

8 a United States citizen pursuant to clause

9 (ii), (iii), or (iv) of section 204(a)(1)(A) of

10 the Immigration and Nationality Act,

11 ‘‘(ii) classification pursuant to clause

12 (ii) or (iii) of section 204(a)(1)(B) of the

13 Act,

14 ‘‘(iii) suspension of deportation and

15 adjustment of status pursuant to section

16 244(a)(3) of such Act, or

17 ‘‘(iv) status as a spouse or child of a

18 United States citizen pursuant to clause (i)

19 of section 204(a)(1)(A) of such Act, or

20 classification pursuant to clause (i) of sec21 tion 204(a)(1)(B) of such Act; or

22 ‘‘(2) an alien—

23 ‘‘(A) whose child has been battered or sub24 jected to extreme cruelty in the United States

25 by a spouse or a parent of the alien (without
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1 the active participation of the alien in the bat2 tery or cruelty), or by a member of the spouse

3 or parent’s family residing in the same house4 hold as the alien and the spouse or parent con5 sented or acquiesced to such battery or cruelty,

6 and the alien did not actively participate in

7 such battery or cruelty, but only if (in the opin8 ion of the Attorney General, which opinion is

9 not subject to review by any court) there is a

10 substantial connection between such battery or

11 cruelty and the need for the benefits to be pro12 vided; and

13 ‘‘(B) who meets the requirement of clause

14 (ii) of subparagraph (A).

15 This subsection shall not apply to an alien during any pe16 riod in which the individual responsible for such battery

17 or cruelty resides in the same household or family eligi18 bility unit as the individual subjected to such battery or

19 cruelty.’’.

20 SEC. 502. PILOT PROGRAMS ON LIMITING ISSUANCE OF

21 DRIVER’S LICENSES TO ILLEGAL ALIENS.

22 (a) IN GENERAL.—Pursuant to guidelines prescribed

23 by the Attorney General not later than 6 months after

24 the date of the enactment of this Act, all States may con25 duct pilot programs within their State to determine the
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1 viability, advisability, and cost-effectiveness of the State’s

2 denying driver’s licenses to aliens who are not lawfully

3 present in the United States. Under a pilot program a

4 State may deny a driver’s license to aliens who are not

5 lawfully present in the United States. Such program shall

6 be conducted in cooperation with relevant State and local

7 authorities.

8 (b) REPORT.—Not later than 3 years after the date

9 of the enactment of this Act, the Attorney General shall

10 submit a report to the Judiciary Committees of the House

11 of Representatives and of the Senate on the results of the

12 pilot programs conducted under subsection (a).

13 SEC. 503. INELIGIBILITY OF ALIENS NOT LAWFULLY

14 PRESENT FOR SOCIAL SECURITY BENEFITS.

15 (a) IN GENERAL.—Section 202 of the Social Security

16 Act (42 U.S.C. 402) is amended by adding at the end the

17 following new subsection:

18 ‘‘Limitation on Payments to Aliens

19 ‘‘(y) Notwithstanding any other provision of law, no

20 monthly benefit under this title shall be payable to any

21 alien in the United States for any month during which

22 such alien is not lawfully present in the United States as

23 determined by the Attorney General.’’.

24 (b) EFFECTIVE DATE.—The amendment made by

25 subsection (a) shall apply with respect to benefits for
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1 which applications are filed on or after the first day of

2 the first month that begins at least 60 days after the date

3 of the enactment of this Act.

4 SEC. 504. PROCEDURES FOR REQUIRING PROOF OF CITI5 ZENSHIP FOR FEDERAL PUBLIC BENEFITS.

6 Section 432(a) of the Personal Responsibility and

7 Work Opportunity Reconciliation Act of 1996 (8 U.S.C.

8 1642) is amended—

9 (1) by inserting ‘‘(1)’’ after the dash, and

10 (2) by adding at the end the following:

11 ‘‘(2) Not later than 18 months after the date of the

12 enactment of this Act, the Attorney General, in consulta13 tion with the Secretary of Health and Human Services,

14 shall also establish procedures for a person applying for

15 a Federal public benefit (as defined in section 401(c)) to

16 provide proof of citizenship in a fair and nondiscrim17 inatory manner.’’.

18 SEC. 505. LIMITATION ON ELIGIBILITY FOR PREFERENTIAL

19 TREATMENT OF ALIENS NOT LAWFULLY

20 PRESENT ON BASIS OF RESIDENCE FOR

21 HIGHER EDUCATION BENEFITS.

22 (a) IN GENERAL.—Notwithstanding any other provi23 sion of law, an alien who is not lawfully present in the

24 United States shall not be eligible on the basis of residence

25 within a State (or a political subdivision) for any post-
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1 secondary education benefit unless a citizen or national

2 of the United States is eligible for such a benefit (in no

3 less an amount, duration, and scope) without regard to

4 whether the citizen or national is such a resident.

5 (b) EFFECTIVE DATE.—This section shall apply to

6 benefits provided on or after July 1, 1998.

7 SEC. 506. STUDY AND REPORT ON ALIEN STUDENT ELIGI8 BILITY FOR POSTSECONDARY FEDERAL STU9 DENT FINANCIAL ASSISTANCE.

10 (a) GAO STUDY AND REPORT.—

11 (1) STUDY.—The Comptroller General shall

12 conduct a study to determine the extent to which

13 aliens who are not lawfully admitted for permanent

14 residence are receiving postsecondary Federal stu15 dent financial assistance.

16 (2) REPORT.—Not later than 1 year after the

17 date of the enactment of this Act, the Comptroller

18 General shall submit a report to the appropriate

19 committees of the Congress on the study conducted

20 under paragraph (1).

21 (b) REPORT ON COMPUTER MATCHING PROGRAM.—

22 (1) IN GENERAL.—Not later than one year

23 after the date of the enactment of this Act, the Sec24 retary of Education and the Commissioner of Social

25 Security shall jointly submit to the appropriate com-
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1 mittees of the Congress a report on the computer

2 matching program of the Department of Education

3 under section 484(p) of the Higher Education Act of

4 1965.

5 (2) REPORT ELEMENTS.—The report under

6 paragraph (1) shall include the following:

7 (A) An assessment by the Secretary and

8 the Commissioner of the effectiveness of the

9 computer matching program, and a justification

10 for such assessment.

11 (B) The ratio of successful matches under

12 the program to inaccurate matches.

13 (C) Such other information as the Sec14 retary and the Commissioner jointly consider

15 appropriate.

16 (c) APPROPRIATE COMMITTEES OF THE CON17 GRESS.—For purposes of this section the term ‘‘appro18 priate committees of the Congress’’ means the Committee

19 on Economic and Educational Opportunities and the Com20 mittee on the Judiciary of the House of Representatives

21 and the Committee on Labor and Human Resources and

22 the Committee on the Judiciary of the Senate.
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1 SEC. 507. VERIFICATION OF IMMIGRATION STATUS FOR

2 PURPOSES OF SOCIAL SECURITY AND HIGH3 ER EDUCATIONAL ASSISTANCE.

4 (a) SOCIAL SECURITY ACT STATE INCOME AND ELI5 GIBILITY VERIFICATION SYSTEMS.—Section

6 1137(d)(4)(B)(i)) of the Social Security Act (42 U.S.C.

7 1320b–7(d)(4)(B)(i)) is amended to read as follows:

8 ‘‘(i) the State shall transmit to the

9 Immigration and Naturalization Service ei10 ther photostatic or other similar copies of

11 such documents, or information from such

12 documents, as specified by the Immigra13 tion and Naturalization Service, for official

14 verification,’’.

15 (b) ELIGIBILITY FOR ASSISTANCE UNDER HIGHER

16 EDUCATION ACT OF 1965.—Section 484(g)(4)(B)(i) of

17 the Higher Education Act of 1965 (20 U.S.C.

18 1091(g)(4)(B)(i)) is amended to read as follows:

19 ‘‘(i) the institution shall transmit to

20 the Immigration and Naturalization Serv21 ice either photostatic or other similar cop22 ies of such documents, or information from

23 such documents, as specified by the Immi24 gration and Naturalization Service, for of25 ficial verification,’’.
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1 SEC. 508. NO VERIFICATION REQUIREMENT FOR NON2 PROFIT CHARITABLE ORGANIZATIONS.

3 Section 432 of the Personal Responsibility and Work

4 Opportunity Reconciliation Act of 1996 (8 U.S.C. 1642)

5 is amended by adding at the end the following new sub6 section:

7 ‘‘(d) NO VERIFICATION REQUIREMENT FOR NON8 PROFIT CHARITABLE ORGANIZATIONS.—Subject to sub9 section (a), a nonprofit charitable organization, in provid10 ing any Federal public benefit (as defined in section

11 401(c)) or any State or local public benefit (as defined

12 in section 411(c)), is not required under this title to deter13 mine, verify, or otherwise require proof of eligibility of any

14 applicant for such benefits.’’.

15 SEC. 509. GAO STUDY OF PROVISION OF MEANS-TESTED

16 PUBLIC BENEFITS TO ALIENS WHO ARE NOT

17 QUALIFIED ALIENS ON BEHALF OF ELIGIBLE

18 INDIVIDUALS.

19 Not later than 180 days after the date of the enact20 ment of this Act, the Comptroller General shall submit

21 to the Committees on the Judiciary of the House of Rep22 resentatives and of the Senate and to the Inspector Gen23 eral of the Department of Justice a report on the extent

24 to which means-tested public benefits are being paid or

25 provided to aliens who are not qualified aliens (as defined

26 in section 431(b) of the Personal Responsibility and Work
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1 Opportunity Reconciliation Act of 1996) in order to pro2 vide such benefits to individuals who are United States

3 citizens or qualified aliens (as so defined). Such report

4 shall address the locations in which such benefits are pro5 vided and the incidence of fraud or misrepresentation in

6 connection with the provision of such benefits.

7 SEC. 510. TRANSITION FOR ALIENS CURRENTLY RECEIVING

8 BENEFITS UNDER THE FOOD STAMP PRO9 GRAM.

10 Effective as if included in the enactment of the Per11 sonal Responsibility and Work Opportunity Reconciliation

12 Act of 1996, subclause (I) of section 402(a)(2)(D)(ii) (8

13 U.S.C. 1612(a)(2)(D)(ii)) is amended to read as follows:

14 ‘‘(I) IN GENERAL.—With respect

15 to the specified Federal program de16 scribed in paragraph (3)(B), ineligibil17 ity under paragraph (1) shall not

18 apply until April 1, 1997, to an alien

19 who received benefits under such pro20 gram on the date of enactment of this

21 Act, unless such alien is determined to

22 be ineligible to receive such benefits

23 under the Food Stamp Act of 1977.

24 The State agency shall recertify the

25 eligibility of all such aliens during the
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1 period beginning April 1, 1997, and

2 ending August 22, 1997.’’.

3 Subtitle B—Public Charge

4 Exclusion

5 SEC. 531. GROUND FOR EXCLUSION.

6 (a) IN GENERAL.—Paragraph (4) of section 212(a)

7 (8 U.S.C. 1182(a)) is amended to read as follows:

8 ‘‘(4) PUBLIC CHARGE.—

9 ‘‘(A) IN GENERAL.—Any alien who, in the

10 opinion of the consular officer at the time of

11 application for a visa, or in the opinion of the

12 Attorney General at the time of application for

13 admission or adjustment of status, is likely at

14 any time to become a public charge is exclud15 able.

16 ‘‘(B) FACTORS TO BE TAKEN INTO AC17 COUNT.—(i) In determining whether an alien is

18 excludable under this paragraph, the consular

19 officer or the Attorney General shall at a mini20 mum consider the alien’s—

21 ‘‘(I) age;

22 ‘‘(II) health;

23 ‘‘(III) family status;

24 ‘‘(IV) assets, resources, and financial

25 status; and
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1 ‘‘(V) education and skills.

2 ‘‘(ii) In addition to the factors under

3 clause (i), the consular officer or the Attorney

4 General may also consider any affidavit of sup5 port under section 213A for purposes of exclu6 sion under this paragraph.

7 ‘‘(C) FAMILY-SPONSORED IMMIGRANTS.—

8 Any alien who seeks admission or adjustment of

9 status under a visa number issued under sec10 tion 201(b)(2) or 203(a) is excludable under

11 this paragraph unless—

12 ‘‘(i) the alien has obtained—

13 ‘‘(I) status as a spouse or a child

14 of a United States citizen pursuant to

15 clause (ii), (iii), or (iv) of section

16 204(a)(1)(A), or

17 ‘‘(II) classification pursuant to

18 clause (ii) or (iii) of section

19 204(a)(1)(B); or

20 ‘‘(ii) the person petitioning for the

21 alien’s admission (including any additional

22 sponsor required under section 213A(f))

23 has executed an affidavit of support de24 scribed in section 213A with respect to

25 such alien.
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1 ‘‘(D) CERTAIN EMPLOYMENT-BASED IMMI2 GRANTS.—Any alien who seeks admission or ad3 justment of status under a visa number issued

4 under section 203(b) by virtue of a classifica5 tion petition filed by a relative of the alien (or

6 by an entity in which such relative has a signifi7 cant ownership interest) is excludable under

8 this paragraph unless such relative has exe9 cuted an affidavit of support described in sec10 tion 213A with respect to such alien.’’.

11 (b) EFFECTIVE DATE.—The amendment made by

12 subsection (a) shall apply to applications submitted on or

13 after such date, not earlier than 30 days and not later

14 than 60 days after the date the Attorney General promul15 gates under section 551(c)(2) of this division a standard

16 form for an affidavit of support, as the Attorney General

17 shall specify, but subparagraphs (C) and (D) of section

18 212(a)(4) of the Immigration and Nationality Act, as so

19 amended, shall not apply to applications with respect to

20 which an official interview with an immigration officer was

21 conducted before such effective date.
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1 Subtitle C—Affidavits of Support

2 SEC. 551. REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF

3 SUPPORT.

4 (a) IN GENERAL.—Section 213A (8 U.S.C. 1183a),

5 as inserted by section 423(a) of the Personal Responsibil6 ity and Work Opportunity Reconciliation Act of 1996, is

7 amended to read as follows:

8 ‘‘REQUIREMENTS FOR SPONSOR’S AFFIDAVIT OF SUPPORT

9 ‘‘SEC. 213A. (a) ENFORCEABILITY.—

10 ‘‘(1) TERMS OF AFFIDAVIT.—No affidavit of

11 support may be accepted by the Attorney General or

12 by any consular officer to establish that an alien is

13 not excludable as a public charge under section

14 212(a)(4) unless such affidavit is executed by a

15 sponsor of the alien as a contract—

16 ‘‘(A) in which the sponsor agrees to pro17 vide support to maintain the sponsored alien at

18 an annual income that is not less than 125 per19 cent of the Federal poverty line during the pe20 riod in which the affidavit is enforceable;

21 ‘‘(B) that is legally enforceable against the

22 sponsor by the sponsored alien, the Federal

23 Government, any State (or any political subdivi24 sion of such State), or by any other entity that

25 provides any means-tested public benefit (as de-
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1 fined in subsection (e)), consistent with the pro2 visions of this section; and

3 ‘‘(C) in which the sponsor agrees to submit

4 to the jurisdiction of any Federal or State court

5 for the purpose of actions brought under sub6 section (b)(2).

7 ‘‘(2) PERIOD OF ENFORCEABILITY.—An affida8 vit of support shall be enforceable with respect to

9 benefits provided for an alien before the date the

10 alien is naturalized as a citizen of the United States,

11 or, if earlier, the termination date provided under

12 paragraph (3).

13 ‘‘(3) TERMINATION OF PERIOD OF ENFORCE14 ABILITY UPON COMPLETION OF REQUIRED PERIOD

15 OF EMPLOYMENT, ETC.—

16 ‘‘(A) IN GENERAL.—An affidavit of sup17 port is not enforceable after such time as the

18 alien (i) has worked 40 qualifying quarters of

19 coverage as defined under title II of the Social

20 Security Act or can be credited with such quali21 fying quarters as provided under subparagraph

22 (B), and (ii) in the case of any such qualifying

23 quarter creditable for any period beginning

24 after December 31, 1996, did not receive any

25 Federal means-tested public benefit (as pro-
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1 vided under section 403 of the Personal Re2 sponsibility and Work Opportunity Reconcili3 ation Act of 1996) during any such period.

4 ‘‘(B) QUALIFYING QUARTERS.—For pur5 poses of this section, in determining the number

6 of qualifying quarters of coverage under title II

7 of the Social Security Act an alien shall be

8 credited with—

9 ‘‘(i) all of the qualifying quarters of

10 coverage as defined under title II of the

11 Social Security Act worked by a parent of

12 such alien while the alien was under age

13 18, and

14 ‘‘(ii) all of the qualifying quarters

15 worked by a spouse of such alien during

16 their marriage and the alien remains mar17 ried to such spouse or such spouse is de18 ceased.

19 No such qualifying quarter of coverage that is

20 creditable under title II of the Social Security

21 Act for any period beginning after December

22 31, 1996, may be credited to an alien under

23 clause (i) or (ii) if the parent or spouse (as the

24 case may be) of such alien received any Federal

25 means-tested public benefit (as provided under
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1 section 403 of the Personal Responsibility and

2 Work Opportunity Reconciliation Act of 1996)

3 during the period for which such qualifying

4 quarter of coverage is so credited.

5 ‘‘(C) PROVISION OF INFORMATION TO

6 SAVE SYSTEM.—The Attorney General shall en7 sure that appropriate information regarding the

8 application of this paragraph is provided to the

9 system for alien verification of eligibility

10 (SAVE) described in section 1137(d)(3) of the

11 Social Security Act.

12 ‘‘(b) REIMBURSEMENT OF GOVERNMENT EX13 PENSES.—

14 ‘‘(1) REQUEST FOR REIMBURSEMENT.—

15 ‘‘(A) REQUIREMENT.—Upon notification

16 that a sponsored alien has received any means17 tested public benefit, the appropriate non18 governmental entity which provided such benefit

19 or the appropriate entity of the Federal Govern20 ment, a State, or any political subdivision of a

21 State shall request reimbursement by the spon22 sor in an amount which is equal to the unreim23 bursed costs of such benefit.

24 ‘‘(B) REGULATIONS.—The Attorney Gen25 eral, in consultation with the heads of other ap-
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1 propriate Federal agencies, shall prescribe such

2 regulations as may be necessary to carry out

3 subparagraph (A).

4 ‘‘(2) ACTIONS TO COMPEL REIMBURSEMENT.—

5 ‘‘(A) IN CASE OF NONRESPONSE.—If with6 in 45 days after a request for reimbursement

7 under paragraph (1)(A), the appropriate entity

8 has not received a response from the sponsor

9 indicating a willingness to commence payment

10 an action may be brought against the sponsor

11 pursuant to the affidavit of support.

12 ‘‘(B) IN CASE OF FAILURE TO PAY.—If the

13 sponsor fails to abide by the repayment terms

14 established by the appropriate entity, the entity

15 may bring an action against the sponsor pursu16 ant to the affidavit of support.

17 ‘‘(C) LIMITATION ON ACTIONS.—No cause

18 of action may be brought under this paragraph

19 later than 10 years after the date on which the

20 sponsored alien last received any means-tested

21 public benefit to which the affidavit of support

22 applies.

23 ‘‘(3) USE OF COLLECTION AGENCIES.—If the

24 appropriate entity under paragraph (1)(A) requests

25 reimbursement from the sponsor or brings an action
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1 against the sponsor pursuant to the affidavit of sup2 port, the appropriate entity may appoint or hire an

3 individual or other person to act on behalf of such

4 entity acting under the authority of law for purposes

5 of collecting any amounts owed.

6 ‘‘(c) REMEDIES.—Remedies available to enforce an

7 affidavit of support under this section include any or all

8 of the remedies described in section 3201, 3203, 3204,

9 or 3205 of title 28, United States Code, as well as an

10 order for specific performance and payment of legal fees

11 and other costs of collection, and include corresponding

12 remedies available under State law. A Federal agency may

13 seek to collect amounts owed under this section in accord14 ance with the provisions of subchapter II of chapter 37

15 of title 31, United States Code.

16 ‘‘(d) NOTIFICATION OF CHANGE OF ADDRESS.—

17 ‘‘(1) GENERAL REQUIREMENT.—The sponsor

18 shall notify the Attorney General and the State in

19 which the sponsored alien is currently a resident

20 within 30 days of any change of address of the spon21 sor during the period in which an affidavit of sup22 port is enforceable.

23 ‘‘(2) PENALTY.—Any person subject to the re24 quirement of paragraph (1) who fails to satisfy such
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1 requirement shall, after notice and opportunity to be

2 heard, be subject to a civil penalty of—

3 ‘‘(A) not less than $250 or more than

4 $2,000, or

5 ‘‘(B) if such failure occurs with knowledge

6 that the sponsored alien has received any

7 means-tested public benefits (other than bene8 fits described in section 401(b), 403(c)(2), or

9 411(b) of the Personal Responsibility and Work

10 Opportunity Reconciliation Act of 1996) not

11 less than $2,000 or more than $5,000.

12 The Attorney General shall enforce this paragraph

13 under appropriate regulations.

14 ‘‘(e) JURISDICTION.—An action to enforce an affida15 vit of support executed under subsection (a) may be

16 brought against the sponsor in any appropriate court—

17 ‘‘(1) by a sponsored alien, with respect to finan18 cial support; or

19 ‘‘(2) by the appropriate entity of the Federal

20 Government, a State or any political subdivision of

21 a State, or by any other nongovernmental entity

22 under subsection (b)(2), with respect to reimburse23 ment.

24 ‘‘(f) SPONSOR DEFINED.—
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1 ‘‘(1) IN GENERAL.—For purposes of this sec2 tion the term ‘sponsor’ in relation to a sponsored

3 alien means an individual who executes an affidavit

4 of support with respect to the sponsored alien and

5 who—

6 ‘‘(A) is a citizen or national of the United

7 States or an alien who is lawfully admitted to

8 the United States for permanent residence;

9 ‘‘(B) is at least 18 years of age;

10 ‘‘(C) is domiciled in any of the several

11 States of the United States, the District of Co12 lumbia, or any territory or possession of the

13 United States;

14 ‘‘(D) is petitioning for the admission of the

15 alien under section 204; and

16 ‘‘(E) demonstrates (as provided in para17 graph (6)) the means to maintain an annual in18 come equal to at least 125 percent of the Fed19 eral poverty line.

20 ‘‘(2) INCOME REQUIREMENT CASE.—Such term

21 also includes an individual who does not meet the re22 quirement of paragraph (1)(E) but accepts joint and

23 several liability together with an individual under

24 paragraph (5).
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1 ‘‘(3) ACTIVE DUTY ARMED SERVICES CASE.—

2 Such term also includes an individual who does not

3 meet the requirement of paragraph (1)(E) but is on

4 active duty (other than active duty for training) in

5 the Armed Forces of the United States, is petition6 ing for the admission of the alien under section 204

7 as the spouse or child of the individual, and dem8 onstrates (as provided in paragraph (6)) the means

9 to maintain an annual income equal to at least 100

10 percent of the Federal poverty line.

11 ‘‘(4) CERTAIN EMPLOYMENT-BASED IMMI12 GRANTS CASE.—Such term also includes an individ13 ual—

14 ‘‘(A) who does not meet the requirement of

15 paragraph (1)(D), but is the relative of the

16 sponsored alien who filed a classification peti17 tion for the sponsored alien as an employment18 based immigrant under section 203(b) or who

19 has a significant ownership interest in the en20 tity that filed such a petition; and

21 ‘‘(B)(i) who demonstrates (as provided

22 under paragraph (6)) the means to maintain an

23 annual income equal to at least 125 percent of

24 the Federal poverty line, or
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1 ‘‘(ii) does not meet the requirement of

2 paragraph (1)(E) but accepts joint and several

3 liability together with an individual under para4 graph (5).

5 ‘‘(5) NON-PETITIONING CASE.—Such term also

6 includes an individual who does not meet the re7 quirement of paragraph (1)(D) but who accepts joint

8 and several liability with a petitioning sponsor under

9 paragraph (2) or relative of an employment-based

10 immigrant under paragraph (4) and who dem11 onstrates (as provided under paragraph (6)) the

12 means to maintain an annual income equal to at

13 least 125 percent of the Federal poverty line.

14 ‘‘(6) DEMONSTRATION OF MEANS TO MAINTAIN

15 INCOME.—

16 ‘‘(A) IN GENERAL.—

17 ‘‘(i) METHOD OF DEMONSTRATION.—

18 For purposes of this section, a demonstra19 tion of the means to maintain income shall

20 include provision of a certified copy of the

21 individual’s Federal income tax return for

22 the individual’s 3 most recent taxable years

23 and a written statement, executed under

24 oath or as permitted under penalty of per25 jury under section 1746 of title 28, United
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1 States Code, that the copies are certified

2 copies of such returns.

3 ‘‘(ii) FLEXIBILITY.—For purposes of

4 this section, aliens may demonstrate the

5 means to maintain income through dem6 onstration of significant assets of the spon7 sored alien or of the sponsor, if such assets

8 are available for the support of the spon9 sored alien.

10 ‘‘(iii) PERCENT OF POVERTY.—For

11 purposes of this section, a reference to an

12 annual income equal to at least a particu13 lar percentage of the Federal poverty line

14 means an annual income equal to at least

15 such percentage of the Federal poverty line

16 for a family unit of a size equal to the

17 number of members of the sponsor’s

18 household (including family and non-family

19 dependents) plus the total number of other

20 dependents and aliens sponsored by that

21 sponsor.

22 ‘‘(B) LIMITATION.—The Secretary of

23 State, or the Attorney General in the case of

24 adjustment of status, may provide that the
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1 demonstration under subparagraph (A) applies

2 only to the most recent taxable year.

3 ‘‘(h) FEDERAL POVERTY LINE DEFINED.—For pur4 poses of this section, the term ‘Federal poverty line’ means

5 the level of income equal to the official poverty line (as

6 defined by the Director of the Office of Management and

7 Budget, as revised annually by the Secretary of Health

8 and Human Services, in accordance with section 673(2)

9 of the Omnibus Budget Reconciliation Act of 1981 (42

10 U.S.C. 9902)) that is applicable to a family of the size

11 involved.

12 ‘‘(i) SPONSOR’S SOCIAL SECURITY ACCOUNT NUM13 BER REQUIRED TO BE PROVIDED.—(1) An affidavit of

14 support shall include the social security account number

15 of each sponsor.

16 ‘‘(2) The Attorney General shall develop an auto17 mated system to maintain the social security account num18 ber data provided under paragraph (1).

19 ‘‘(3) The Attorney General shall submit an annual

20 report to the Committees on the Judiciary of the House

21 of Representatives and the Senate setting forth—

22 ‘‘(A) for the most recent fiscal year for which

23 data are available the number of sponsors under this

24 section and the number of sponsors in compliance

25 with the financial obligations of this section; and
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1 ‘‘(B) a comparison of such numbers with the

2 numbers of such sponsors for the preceding fiscal

3 year.’’.

4 (b) CONFORMING AMENDMENTS.—

5 (1) Section 421(a)(1) and section 422(a)(1) of

6 the Personal Responsibility and Work Opportunity

7 Reconciliation Act of 1996 (8 U.S.C. 1631(a)(1),

8 1632(a)(1)) are each amended by inserting ‘‘and as

9 amended by section 551(a) of the Illegal Immigra10 tion Reform and Immigrant Responsibility Act of

11 1996’’ after ‘‘section 423’’.

12 (2) Section 423 of such Act (8 U.S.C. 1138a

13 note) is amended by striking subsection (c).

14 (c) EFFECTIVE DATE; PROMULGATION OF FORM.—

15 (1) IN GENERAL.—The amendments made by

16 this section shall apply to affidavits of support exe17 cuted on or after a date specified by the Attorney

18 General, which date shall be not earlier than 60 days

19 (and not later than 90 days) after the date the At20 torney General formulates the form for such affida21 vits under paragraph (2).

22 (2) PROMULGATION OF FORM.—Not later than

23 90 days after the date of the enactment of this Act,

24 the Attorney General, in consultation with the heads

25 of other appropriate agencies, shall promulgate a
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1 standard form for an affidavit of support consistent

2 with the provisions of section 213A of the Immigra3 tion and Nationality Act, as amended by subsection

4 (a).

5 SEC. 552. INDIGENCE AND BATTERED SPOUSE AND CHILD

6 EXCEPTIONS TO FEDERAL ATTRIBUTION OF

7 INCOME RULE.

8 Section 421 of the Personal Responsibility and Work

9 Opportunity Reconciliation Act of 1996 (8 U.S.C. 1631)

10 is amended by adding at the end the following new sub11 section:

12 ‘‘(e) INDIGENCE EXCEPTION.—

13 ‘‘(1) IN GENERAL.—For an alien for whom an

14 affidavit of support under section 213A of the Immi15 gration and Nationality Act has been executed, if a

16 determination described in paragraph (2) is made,

17 the amount of income and resources of the sponsor

18 or the sponsor’s spouse which shall be attributed to

19 the sponsored alien shall not exceed the amount ac20 tually provided for a period beginning on the date of

21 such determination and ending 12 months after such

22 date.

23 ‘‘(2) DETERMINATION DESCRIBED.—A deter24 mination described in this paragraph is a determina25 tion by an agency that a sponsored alien would, in
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1 the absence of the assistance provided by the agency,

2 be unable to obtain food and shelter, taking into ac3 count the alien’s own income, plus any cash, food,

4 housing, or other assistance provided by other indi5 viduals, including the sponsor. The agency shall no6 tify the Attorney General of each such determina7 tion, including the names of the sponsor and the

8 sponsored alien involved.

9 ‘‘(f) SPECIAL RULE FOR BATTERED SPOUSE AND

10 CHILD.—

11 ‘‘(1) IN GENERAL.—Subject to paragraph (2)

12 and notwithstanding any other provision of this sec13 tion, subsection (a) shall not apply to benefits—

14 ‘‘(A) during a 12 month period if the alien

15 demonstrates that (i) the alien has been bat16 tered or subjected to extreme cruelty in the

17 United States by a spouse or a parent, or by a

18 member of the spouse or parent’s family resid19 ing in the same household as the alien and the

20 spouse or parent consented to or acquiesced to

21 such battery or cruelty, or (ii) the alien’s child

22 has been battered or subjected to extreme cru23 elty in the United States by the spouse or par24 ent of the alien (without the active participation

25 of the alien in the battery or cruelty), or by a
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1 member of the spouse’s or parent’s family resid2 ing in the same household as the alien when the

3 spouse or parent consented or acquiesced to

4 and the alien did not actively participate in

5 such battery or cruelty, and the battery or cru6 elty described in clause (i) or (ii) (in the opin7 ion of the agency providing such public benefits,

8 which opinion is not subject to review by any

9 court) has a substantial connection to the need

10 for the public benefits applied for; and

11 ‘‘(B) after a 12 month period (regarding

12 the batterer’s income and resources only) if the

13 alien demonstrates that such battery or cruelty

14 under subparagraph (A) has been recognized in

15 an order of a judge or administrative law judge

16 or a prior determination of the Immigration

17 and Naturalization Service, and that such bat18 tery or cruelty (in the opinion of the agency

19 providing such public benefits, which opinion is

20 not subject to review by any court) has a sub21 stantial connection to the need for the benefits.

22 ‘‘(2) LIMITATION.—The exception under para23 graph (1) shall not apply to benefits for an alien

24 during any period in which the individual responsible

25 for such battery or cruelty resides in the same
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1 household or family eligibility unit as the individual

2 who was subjected to such battery or cruelty.’’.

3 SEC. 553. AUTHORITY OF STATES AND POLITICAL SUBDIVI4 SIONS OF STATES TO LIMIT ASSISTANCE TO

5 ALIENS AND TO DISTINGUISH AMONG CLASS6 ES OF ALIENS IN PROVIDING GENERAL CASH

7 PUBLIC ASSISTANCE.

8 (a) IN GENERAL.—Subject to subsection (b) and not9 withstanding any other provision of law, a State or politi10 cal subdivision of a State is authorized to prohibit or oth11 erwise limit or restrict the eligibility of aliens or classes

12 of aliens for programs of general cash public assistance

13 furnished under the law of the State or a political subdivi14 sion of a State.

15 (b) LIMITATION.—The authority provided for under

16 subsection (a) may be exercised only to the extent that

17 any prohibitions, limitations, or restrictions imposed by a

18 State or political subdivision of a State are not more re19 strictive than the prohibitions, limitations, or restrictions

20 imposed under comparable Federal programs. For pur21 poses of this section, attribution to an alien of a sponsor’s

22 income and resources (as described in section 421 of the

23 Personal Responsibility and Work Opportunity Reconcili24 ation Act of 1996 (8 U.S.C. 1631)) for purposes of deter25 mining eligibility for, and the amount of, benefits shall be
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1 considered less restrictive than a prohibition of eligibility

2 for such benefits.

3 Subtitle D—Miscellaneous

4 Provisions

5 SEC. 561. INCREASED MAXIMUM CRIMINAL PENALTIES FOR

6 FORGING OR COUNTERFEITING SEAL OF A

7 FEDERAL DEPARTMENT OR AGENCY TO FA8 CILITATE BENEFIT FRAUD BY AN UNLAWFUL

9 ALIEN.

10 Section 506 of title 18, United States Code, is

11 amended to read as follows:

12 ‘‘§ 506. Seals of departments or agencies

13 ‘‘(a) Whoever—

14 ‘‘(1) falsely makes, forges, counterfeits, muti15 lates, or alters the seal of any department or agency

16 of the United States, or any facsimile thereof;

17 ‘‘(2) knowingly uses, affixes, or impresses any

18 such fraudulently made, forged, counterfeited, muti19 lated, or altered seal or facsimile thereof to or upon

20 any certificate, instrument, commission, document,

21 or paper of any description; or

22 ‘‘(3) with fraudulent intent, possesses, sells, of23 fers for sale, furnishes, offers to furnish, gives away,

24 offers to give away, transports, offers to transport,

25 imports, or offers to import any such seal or fac-
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1 simile thereof, knowing the same to have been so

2 falsely made, forged, counterfeited, mutilated, or al3 tered,

4 shall be fined under this title, or imprisoned not more than

5 5 years, or both.

6 ‘‘(b) Notwithstanding subsection (a) or any other

7 provision of law, if a forged, counterfeited, mutilated, or

8 altered seal of a department or agency of the United

9 States, or any facsimile thereof, is—

10 ‘‘(1) so forged, counterfeited, mutilated, or al11 tered;

12 ‘‘(2) used, affixed, or impressed to or upon any

13 certificate, instrument, commission, document, or

14 paper of any description; or

15 ‘‘(3) with fraudulent intent, possessed, sold, of16 fered for sale, furnished, offered to furnish, given

17 away, offered to give away, transported, offered to

18 transport, imported, or offered to import,

19 with the intent or effect of facilitating an alien’s applica20 tion for, or receipt of, a Federal benefit to which the alien

21 is not entitled, the penalties which may be imposed for

22 each offense under subsection (a) shall be two times the

23 maximum fine, and 3 times the maximum term of impris24 onment, or both, that would otherwise be imposed for an

25 offense under subsection (a).
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1 ‘‘(c) For purposes of this section—

2 ‘‘(1) the term ‘Federal benefit’ means—

3 ‘‘(A) the issuance of any grant, contract,

4 loan, professional license, or commercial license

5 provided by any agency of the United States or

6 by appropriated funds of the United States; and

7 ‘‘(B) any retirement, welfare, Social Secu8 rity, health (including treatment of an emer9 gency medical condition in accordance with sec10 tion 1903(v) of the Social Security Act (19

11 U.S.C. 1396b(v))), disability, veterans, public

12 housing, education, food stamps, or unemploy13 ment benefit, or any similar benefit for which

14 payments or assistance are provided by an

15 agency of the United States or by appropriated

16 funds of the United States; and

17 ‘‘(2) each instance of forgery, counterfeiting,

18 mutilation, or alteration shall constitute a separate

19 offense under this section.’’.

20 SEC. 562. TREATMENT OF EXPENSES SUBJECT TO EMER21 GENCY MEDICAL SERVICES EXCEPTION.

22 (a) IN GENERAL.—Subject to such amounts as are

23 provided in advance in appropriation Acts, each State or

24 political subdivision of a State that provides medical as25 sistance for care and treatment of an emergency medical
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1 condition (as defined in subsection (d)) through a public

2 hospital or other public facility (including a nonprofit hos3 pital that is eligible for an additional payment adjustment

4 under section 1886 of the Social Security Act) or through

5 contract with another hospital or facility to an individual

6 who is an alien not lawfully present in the United States

7 is eligible for payment from the Federal Government of

8 its costs of providing such services, but only to the extent

9 that such costs are not otherwise reimbursed through any

10 other Federal program and cannot be recovered from the

11 alien or another person.

12 (b) CONFIRMATION OF IMMIGRATION STATUS RE13 QUIRED.—No payment shall be made under this section

14 with respect to services furnished to an individual unless

15 the immigration status of the individual has been verified

16 through appropriate procedures established by the Sec17 retary of Health and Human Services and the Attorney

18 General.

19 (c) ADMINISTRATION.—This section shall be adminis20 tered by the Attorney General, in consultation with the

21 Secretary of Health and Human Services.

22 (d) EMERGENCY MEDICAL CONDITION DEFINED.—

23 For purposes of this section, the term ‘‘emergency medical

24 condition’’ means a medical condition (including emer25 gency labor and delivery) manifesting itself by acute symp-
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1 toms of sufficient severity (including severe pain) such

2 that the absence of immediate medical attention could rea3 sonably be expected to result in—

4 (1) placing the patient’s health in serious jeop5 ardy,

6 (2) serious impairment to bodily functions, or

7 (3) serious dysfunction of any bodily organ or

8 part.

9 (e) EFFECTIVE DATE.—Subsection (a) shall apply to

10 medical assistance for care and treatment of an emergency

11 medical condition furnished on or after January 1, 1997.

12 SEC. 563. REIMBURSEMENT OF STATES AND LOCALITIES

13 FOR EMERGENCY AMBULANCE SERVICES.

14 Subject to the availability of appropriations, the At15 torney General shall fully reimburse States and political

16 subdivisions of States for costs incurred by such a State

17 or subdivision for emergency ambulance services provided

18 to any alien who—

19 (1) is injured while crossing a land or sea bor20 der of the United States without inspection or at

21 any time or place other than as designated by the

22 Attorney General; and

23 (2) is under the custody of the State or subdivi24 sion pursuant to a transfer, request, or other action

25 by a Federal authority.
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1 SEC. 564. PILOT PROGRAMS TO REQUIRE BONDING.

2 (a) IN GENERAL.—

3 (1) The Attorney General of the United States

4 shall establish a pilot program in 5 district offices

5 of the Immigration and Naturalization Service to re6 quire aliens to post a bond in addition to the affida7 vit requirements under section 213A of the Immi8 gration and Nationality Act and the deeming re9 quirements under section 421 of the Personal Re10 sponsibility and Work Opportunity Reconciliation

11 Act of 1996 (8 U.S.C. 1631). Any pilot program es12 tablished pursuant to this subsection shall require

13 an alien to post a bond in an amount sufficient to

14 cover the cost of benefits described in section

15 213A(d)(2)(B) of the Immigration and Nationality

16 Act (as amended by section 551(a) of this division)

17 for the alien and the alien’s dependents and shall re18 main in effect until the departure, naturalization, or

19 death of the alien.

20 (2) Suit on any such bonds may be brought

21 under the terms and conditions set forth in section

22 213A of the Immigration and Nationality Act.

23 (b) REGULATIONS.—Not later than 180 days after

24 the date of the enactment of this Act, the Attorney Gen25 eral shall issue regulations for establishing the pilot pro26 grams, including—
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1 (1) criteria and procedures for—

2 (A) certifying bonding companies for par3 ticipation in the program, and

4 (B) debarment of any such company that

5 fails to pay a bond, and

6 (2) criteria for setting the amount of the bond

7 to assure that the bond is in an amount that is not

8 less than the cost of providing benefits under the

9 programs described in subsection (a)(1) for the alien

10 and the alien’s dependents for 6 months.

11 (c) AUTHORIZATION OF APPROPRIATIONS.—There

12 are authorized to be appropriated such sums as may be

13 necessary to carry out this section.

14 (d) ANNUAL REPORTING REQUIREMENT.—Begin15 ning 9 months after the date of implementation of the

16 pilot program, the Attorney General shall submit annually

17 to the Committees on the Judiciary of the House of Rep18 resentatives and the Senate a report on the effectiveness

19 of the program. The Attorney General shall submit a final

20 evaluation of the program not later than 1 year after ter21 mination.

22 (e) SUNSET.—The pilot program under this section

23 shall terminate after 3 years of operation.

24 (f) BONDS IN ADDITION TO SPONSORSHIP AND

25 DEEMING REQUIREMENTS.—Section 213 (8 U.S.C. 1183)
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1 is amended by inserting ‘‘(subject to the affidavit of sup2 port requirement and attribution of sponsor’s income and

3 resources under section 213A)’’ after ‘‘in the discretion

4 of the Attorney General’’.

5 SEC. 565. REPORTS.

6 Not later than 180 days after the end of each fiscal

7 year, the Attorney General shall submit a report to the

8 Inspector General of the Department of Justice and the

9 Committees on the Judiciary of the House of Representa10 tives and of the Senate describing the following:

11 (1) PUBLIC CHARGE DEPORTATIONS.—The

12 number of aliens deported on public charge grounds

13 under section 241(a)(5) of the Immigration and Na14 tionality Act during the previous fiscal year.

15 (2) INDIGENT SPONSORS.—The number of de16 terminations made under section 421(e) of the Per17 sonal Responsibility and Work Opportunity Rec18 onciliation Act of 1996 (as added by section 552 of

19 this division) during the previous fiscal year.

20 (3) REIMBURSEMENT ACTIONS.—The number

21 of actions brought, and the amount of each action,

22 for reimbursement under section 213A of the Immi23 gration and Nationality Act (including private collec24 tions) for the costs of providing public benefits.
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1 Subtitle E—Housing Assistance

2 SEC. 571. SHORT TITLE.

3 This subtitle may be cited as the ‘‘Use of Assisted

4 Housing by Aliens Act of 1996’’.

5 SEC. 572. PRORATING OF FINANCIAL ASSISTANCE.

6 Section 214(b) of the Housing and Community De7 velopment Act of 1980 (42 U.S.C. 1436a(b)) is amend8 ed—

9 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and

10 (2) by adding at the end the following new

11 paragraph:

12 ‘‘(2) If the eligibility for financial assistance of at

13 least one member of a family has been affirmatively estab14 lished under the program of financial assistance and under

15 this section, and the ineligibility of one or more family

16 members has not been affirmatively established under this

17 section, any financial assistance made available to that

18 family by the Secretary of Housing and Urban Develop19 ment shall be prorated, based on the number of individuals

20 in the family for whom eligibility has been affirmatively

21 established under the program of financial assistance and

22 under this section, as compared with the total number of

23 individuals who are members of the family.’’.
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1 SEC. 573. ACTIONS IN CASES OF TERMINATION OF FINAN2 CIAL ASSISTANCE.

3 Section 214(c)(1) of the Housing and Community

4 Development Act of 1980 (42 U.S.C. 1436a(c)(1)) is

5 amended—

6 (1) in the matter preceding subparagraph (A),

7 by striking ‘‘may, in its discretion,’’ and inserting

8 ‘‘shall’’;

9 (2) in subparagraph (A), by adding at the end

10 the following: ‘‘Financial assistance continued under

11 this subparagraph for a family may be provided only

12 on a prorated basis, under which the amount of fi13 nancial assistance is based on the percentage of the

14 total number of members of the family that are eligi15 ble for that assistance under the program of finan16 cial assistance and under this section.’’; and

17 (3) in subparagraph (B)—

18 (A) by striking ‘‘3 years’’ and inserting

19 ‘‘18-months’’;

20 (B) by inserting ‘‘(i)’’ after ‘‘(B)’’;

21 (C) by striking ‘‘Any deferral’’ and insert22 ing the following:

23 ‘‘(ii) Except as provided in clause (iii), any

24 deferral’’; and

25 (D) by adding at the end the following new

26 clauses:
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1 ‘‘(iii) The time period described in clause

2 (ii) shall not apply in the case of a refugee

3 under section 207 of the Immigration and Na4 tionality Act or an individual seeking asylum

5 under section 208 of that Act.’’.

6 SEC. 574. VERIFICATION OF IMMIGRATION STATUS AND

7 ELIGIBILITY FOR FINANCIAL ASSISTANCE.

8 Section 214(d) of the Housing and Community De9 velopment Act of 1980 (42 U.S.C. 1436a(d)) is amend10 ed—

11 (1) in the matter preceding paragraph (1), by

12 inserting ‘‘or to be’’ after ‘‘being’’;

13 (2) in paragraph (1)(A), by adding at the end

14 the following: ‘‘If the declaration states that the in15 dividual is not a citizen or national of the United

16 States and that the individual is younger than 62

17 years of age, the declaration shall be verified by the

18 Immigration and Naturalization Service. If the dec19 laration states that the individual is a citizen or na20 tional of the United States, the Secretary of Hous21 ing and Urban Development, or the agency admin22 istering assistance covered by this section, may re23 quest verification of the declaration by requiring

24 presentation of documentation that the Secretary

25 considers appropriate, including a United States
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1 passport, resident alien card, alien registration card,

2 social security card, or other documentation.’’;

3 (3) in paragraph (2)—

4 (A) in the matter preceding subparagraph

5 (A), by striking ‘‘on the date of the enactment

6 of the Housing and Community Development

7 Act of 1987’’ and inserting ‘‘on the date of en8 actment of the Use of Assisted Housing by

9 Aliens Act of 1996 or applying for financial as10 sistance on or after that date’’; and

11 (B) by adding at the end the following:

12 ‘‘In the case of an individual applying for financial assist13 ance on or after the date of enactment of the Use of As14 sisted Housing by Aliens Act of 1996, the Secretary may

15 not provide any such assistance for the benefit of that in16 dividual before documentation is presented and verified

17 under paragraph (3) or (4).’’;

18 (4) in paragraph (4)—

19 (A) in the matter preceding subparagraph

20 (A), by striking ‘‘on the date of the enactment

21 of the Housing and Community Development

22 Act of 1987’’ and inserting ‘‘on the date of en23 actment of the Use of Assisted Housing by

24 Aliens Act of 1996 or applying for financial as25 sistance on or after that date’’;
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1 (B) in subparagraph (A)—

2 (i) in clause (i)—

3 (I) by inserting ‘‘, not to exceed

4 30 days,’’ after ‘‘reasonable oppor5 tunity’’; and

6 (II) by striking ‘‘and’’ at the end;

7 and

8 (ii) by striking clause (ii) and insert9 ing the following:

10 ‘‘(ii) in the case of any individual re11 ceiving assistance on the date of enactment

12 of the Use of Assisted Housing by Aliens

13 Act of 1996, may not delay, deny, reduce,

14 or terminate the eligibility of that individ15 ual for financial assistance on the basis of

16 the immigration status of that individual

17 until the expiration of that 30-day period;

18 and

19 ‘‘(iii) in the case of any individual ap20 plying for financial assistance on or after

21 the date of enactment of the Use of As22 sisted Housing by Aliens Act of 1996, may

23 not deny the application for such assist24 ance on the basis of the immigration status
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1 of that individual until the expiration of

2 that 30-day period; and’’; and

3 (C) in subparagraph (B), by striking

4 clause (ii) and inserting the following:

5 ‘‘(ii) pending such verification or ap6 peal, the Secretary may not—

7 ‘‘(I) in the case of any individual

8 receiving assistance on the date of en9 actment of the Use of Assisted Hous10 ing by Aliens Act of 1996, delay,

11 deny, reduce, or terminate the eligi12 bility of that individual for financial

13 assistance on the basis of the immi14 gration status of that individual; and

15 ‘‘(II) in the case of any individ16 ual applying for financial assistance

17 on or after the date of enactment of

18 the Use of Assisted Housing by Aliens

19 Act of 1996, deny the application for

20 such assistance on the basis of the im21 migration status of that individual;

22 and’’;

23 (5) in paragraph (5), by striking ‘‘status—’’

24 and all that follows through the end of the para-
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1 graph and inserting the following: ‘‘status, the Sec2 retary shall—

3 ‘‘(A) deny the application of that individ4 ual for financial assistance or terminate the eli5 gibility of that individual for financial assist6 ance, as applicable;

7 ‘‘(B) provide that the individual may re8 quest a fair hearing during the 30-day period

9 beginning upon receipt of the notice under sub10 paragraph (C); and

11 ‘‘(C) provide to the individual written no12 tice of the determination under this paragraph,

13 the right to a fair hearing process, and the time

14 limitation for requesting a hearing under sub15 paragraph (C).’’; and

16 (6) by striking paragraph (6) and inserting the

17 following:

18 ‘‘(6) The Secretary shall terminate the eligi19 bility for financial assistance of an individual and

20 the members of the household of the individual, for

21 a period of not less than 24 months, upon determin22 ing that such individual has knowingly permitted an23 other individual who is not eligible for such assist24 ance to reside in the public or assisted housing unit

25 of the individual. This provision shall not apply to
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1 a family if the ineligibility of the ineligible individual

2 at issue was considered in calculating any proration

3 of assistance provided for the family.’’.

4 SEC. 575. PROHIBITION OF SANCTIONS AGAINST ENTITIES

5 MAKING FINANCIAL ASSISTANCE ELIGI6 BILITY DETERMINATIONS.

7 Section 214(e) of the Housing and Community Devel8 opment Act of 1980 (42 U.S.C. 1436a(e)) is amended—

9 (1) in paragraph (2), by adding ‘‘or’’ at the

10 end;

11 (2) in paragraph (3), by adding at the end the

12 following: ‘‘the response from the Immigration and

13 Naturalization Service to the appeal of that individ14 ual.’’; and

15 (3) by striking paragraph (4).

16 SEC. 576. ELIGIBILITY FOR PUBLIC AND ASSISTED HOUS17 ING.

18 Section 214 of the Housing and Community Develop19 ment Act of 1980 (42 U.S.C. 1436a) is amended by add20 ing at the end the following new subsection:

21 ‘‘(h) VERIFICATION OF ELIGIBILITY.—

22 ‘‘(1) IN GENERAL.—Except in the case of an

23 election under paragraph (2)(A), no individual or

24 family applying for financial assistance may receive

25 such financial assistance prior to the affirmative es-
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1 tablishment and verification of eligibility of at least

2 the individual or one family member under this sec3 tion by the Secretary or other appropriate entity.

4 ‘‘(2) RULES APPLICABLE TO PUBLIC HOUSING

5 AGENCIES.—A public housing agency (as that term

6 is defined in section 3 of the United States Housing

7 Act of 1937)—

8 ‘‘(A) may elect not to comply with this sec9 tion; and

10 ‘‘(B) in complying with this section—

11 ‘‘(i) may initiate procedures to affirm12 atively establish or verify the eligibility of

13 an individual or family under this section

14 at any time at which the public housing

15 agency determines that such eligibility is in

16 question, regardless of whether or not that

17 individual or family is at or near the top

18 of the waiting list of the public housing

19 agency;

20 ‘‘(ii) may affirmatively establish or

21 verify the eligibility of an individual or

22 family under this section in accordance

23 with the procedures set forth in section

24 274A(b)(1) of the Immigration and Na25 tionality Act; and
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1 ‘‘(iii) shall have access to any relevant

2 information contained in the SAVE system

3 (or any successor thereto) that relates to

4 any individual or family applying for finan5 cial assistance.

6 ‘‘(3) ELIGIBILITY OF FAMILIES.—For purposes

7 of this subsection, with respect to a family, the term

8 ‘eligibility’ means the eligibility of each family mem9 ber.’’.

10 SEC. 577. REGULATIONS.

11 (a) ISSUANCE.—Not later than the 60 days after the

12 date of enactment of this Act, the Secretary of Housing

13 and Urban Development shall issue any regulations nec14 essary to implement the amendments made by this part.

15 Such regulations shall be issued in the form of an interim

16 final rule, which shall take effect upon issuance and shall

17 not be subject to the provisions of section 533 of title 5,

18 United States Code, regarding notice or opportunity for

19 comment.

20 (b) FAILURE TO ISSUE.—If the Secretary fails to

21 issue the regulations required under subsection (a) before

22 the date specified in that subsection, the regulations relat23 ing to restrictions on assistance to noncitizens, contained

24 in the final rule issued by the Secretary of Housing and

25 Urban Development in RIN–2501–AA63 (Docket No. R–
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1 95–1409; FR–2383–F–050), published in the Federal

2 Register on March 20, 1995 (Vol. 60, No. 53; pp. 14824–

3 14861), shall not apply after that date.

4 Subtitle F—General Provisions

5 SEC. 591. EFFECTIVE DATES.

6 Except as provided in this title, this title and the

7 amendments made by this title shall take effect on the

8 date of the enactment of this Act.

9 SEC. 592. NOT APPLICABLE TO FOREIGN ASSISTANCE.

10 This title does not apply to any Federal, State, or

11 local governmental program, assistance, or benefits pro12 vided to an alien under any program of foreign assistance

13 as determined by the Secretary of State in consultation

14 with the Attorney General.

15 SEC. 593. NOTIFICATION.

16 (a) IN GENERAL.—Each agency of the Federal Gov17 ernment or a State or political subdivision that admin18 isters a program affected by the provisions of this title,

19 shall, directly or through the States, provide general noti20 fication to the public and to program recipients of the

21 changes regarding eligibility for any such program pursu22 ant to this title.

23 (b) FAILURE TO GIVE NOTICE.—Nothing in this sec24 tion shall be construed to require or authorize continu-
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1 ation of eligibility if the notice under this section is not

2 provided.

3 SEC. 594. DEFINITIONS.

4 Except as otherwise provided in this title, for pur5 poses of this title—

6 (1) the terms ‘‘alien’’, ‘‘Attorney General’’, ‘‘na7 tional’’, ‘‘naturalization’’, ‘‘State’’, and ‘‘United

8 States’’ shall have the meaning given such terms in

9 section 101(a) of the Immigration and Nationality

10 Act; and

11 (2) the term ‘‘child’’ shall have the meaning

12 given such term in section 101(c) of the Immigra13 tion and Nationality Act.

14 TITLE VI—MISCELLANEOUS

15 PROVISIONS

16 Subtitle A—Refugees, Parole, and

17 Asylum

18 SEC. 601. PERSECUTION FOR RESISTANCE TO COERCIVE

19 POPULATION CONTROL METHODS.

20 (a) DEFINITION OF REFUGEE.—

21 (1) Section 101(a)(42) (8 U.S.C. 1101(a)(42))

22 is amended by adding at the end the following: ‘‘For

23 purposes of determinations under this Act, a person

24 who has been forced to abort a pregnancy or to un25 dergo involuntary sterilization, or who has been per-
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1 secuted for failure or refusal to undergo such a pro2 cedure or for other resistance to a coercive popu3 lation control program, shall be deemed to have been

4 persecuted on account of political opinion, and a per5 son who has a well founded fear that he or she will

6 be forced to undergo such a procedure or subject to

7 persecution for such failure, refusal, or resistance

8 shall be deemed to have a well founded fear of perse9 cution on account of political opinion.’’.

10 (2) Not later than 90 days after the end of

11 each fiscal year, the Attorney General shall submit

12 a report to the Committee on the Judiciary of the

13 House of Representatives and the Committee on the

14 Judiciary of the Senate describing the number and

15 countries of origin of aliens granted refugee status

16 or asylum under determinations pursuant to the

17 amendment made by paragraph (1). Each such re18 port shall also contain projections regarding the

19 number and countries of origin of aliens that are

20 likely to be granted refugee status or asylum for the

21 subsequent 2 fiscal years.

22 (b) NUMERICAL LIMITATION.—Section 207(a) (8

23 U.S.C. 1157(a)) is amended by adding at the end the fol24 lowing new paragraph:
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1 ‘‘(5) For any fiscal year, not more than a total of

2 1,000 refugees may be admitted under this subsection or

3 granted asylum under section 208 pursuant to a deter4 mination under the third sentence of section 101(a)(42)

5 (relating to persecution for resistance to coercive popu6 lation control methods).’’.

7 SEC. 602. LIMITATION ON USE OF PAROLE.

8 (a) PAROLE AUTHORITY.—Section 212(d)(5)(A) (8

9 U.S.C. 1182(d)(5)) is amended by striking ‘‘for emergent

10 reasons or for reasons deemed strictly in the public inter11 est’’ and inserting ‘‘only on a case-by-case basis for urgent

12 humanitarian reasons or significant public benefit’’.

13 (b) REPORT TO CONGRESS.—Not later than 90 days

14 after the end of each fiscal year, the Attorney General

15 shall submit a report to the Committee on the Judiciary

16 of the House of Representatives and the Committee on

17 the Judiciary of the Senate describing the number and

18 categories of aliens paroled into the United States under

19 section 212(d)(5) of the Immigration and Nationality Act.

20 Each such report shall provide the total number of aliens

21 paroled into and residing in the United States and shall

22 contain information and data for each country of origin

23 concerning the number and categories of aliens paroled,

24 the duration of parole, the current status of aliens paroled,

25 and the number and categories of aliens returned to the
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1 custody from which they were paroled during the preced2 ing fiscal year.

3 SEC. 603. TREATMENT OF LONG-TERM PAROLEES IN AP4 PLYING WORLDWIDE NUMERICAL LIMITA5 TIONS.

6 Section 201(c) (8 U.S.C. 1151(c)) is amended—

7 (1) by amending paragraph (1)(A)(ii) to read

8 as follows:

9 ‘‘(ii) the sum of the number computed under

10 paragraph (2) and the number computed under

11 paragraph (4), plus’’; and

12 (2) by adding at the end the following new

13 paragraphs:

14 ‘‘(4) The number computed under this paragraph for

15 a fiscal year (beginning with fiscal year 1999) is the num16 ber of aliens who were paroled into the United States

17 under section 212(d)(5) in the second preceding fiscal

18 year—

19 ‘‘(A) who did not depart from the United States

20 (without advance parole) within 365 days; and

21 ‘‘(B) who (i) did not acquire the status of aliens

22 lawfully admitted to the United States for perma23 nent residence in the two preceding fiscal years, or

24 (ii) acquired such status in such years under a pro25 vision of law (other than section 201(b)) which ex-
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1 empts such adjustment from the numerical limita2 tion on the worldwide level of immigration under

3 this section.

4 ‘‘(5) If any alien described in paragraph (4) (other

5 than an alien described in paragraph (4)(B)(ii)) is subse6 quently admitted as an alien lawfully admitted for perma7 nent residence, such alien shall not again be considered

8 for purposes of paragraph (1).’’.

9 SEC. 604. ASYLUM REFORM.

10 (a) ASYLUM REFORM.—Section 208 (8 U.S.C. 1158)

11 is amended to read as follows:

12 ‘‘ASYLUM

13 ‘‘SEC. 208. (a) AUTHORITY TO APPLY FOR ASY14 LUM.—

15 ‘‘(1) IN GENERAL.—Any alien who is physically

16 present in the United States or who arrives in the

17 United States (whether or not at a designated port

18 of arrival and including an alien who is brought to

19 the United States after having been interdicted in

20 international or United States waters), irrespective

21 of such alien’s status, may apply for asylum in ac22 cordance with this section or, where applicable, sec23 tion 235(b).

24 ‘‘(2) EXCEPTIONS.—

25 ‘‘(A) SAFE THIRD COUNTRY.—Paragraph

26 (1) shall not apply to an alien if the Attorney
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1 General determines that the alien may be re2 moved, pursuant to a bilateral or multilateral

3 agreement, to a country (other than the country

4 of the alien’s nationality or, in the case of an

5 alien having no nationality, the country of the

6 alien’s last habitual residence) in which the

7 alien’s life or freedom would not be threatened

8 on account of race, religion, nationality, mem9 bership in a particular social group, or political

10 opinion, and where the alien would have access

11 to a full and fair procedure for determining a

12 claim to asylum or equivalent temporary protec13 tion, unless the Attorney General finds that it

14 is in the public interest for the alien to receive

15 asylum in the United States.

16 ‘‘(B) TIME LIMIT.—Subject to subpara17 graph (D), paragraph (1) shall not apply to an

18 alien unless the alien demonstrates by clear and

19 convincing evidence that the application has

20 been filed within 1 year after the date of the

21 alien’s arrival in the United States.

22 ‘‘(C) PREVIOUS ASYLUM APPLICATIONS.—

23 Subject to subparagraph (D), paragraph (1)

24 shall not apply to an alien if the alien has pre-
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1 viously applied for asylum and had such appli2 cation denied.

3 ‘‘(D) CHANGED CIRCUMSTANCES.—An ap4 plication for asylum of an alien may be consid5 ered, notwithstanding subparagraphs (B) and

6 (C), if the alien demonstrates to the satisfaction

7 of the Attorney General either the existence of

8 changed circumstances which materially affect

9 the applicant’s eligibility for asylum or extraor10 dinary circumstances relating to the delay in fil11 ing an application within the period specified in

12 subparagraph (B).

13 ‘‘(3) LIMITATION ON JUDICIAL REVIEW.—No

14 court shall have jurisdiction to review any deter15 mination of the Attorney General under paragraph

16 (2).

17 ‘‘(b) CONDITIONS FOR GRANTING ASYLUM.—

18 ‘‘(1) IN GENERAL.—The Attorney General may

19 grant asylum to an alien who has applied for asylum

20 in accordance with the requirements and procedures

21 established by the Attorney General under this sec22 tion if the Attorney General determines that such

23 alien is a refugee within the meaning of section

24 101(a)(42)(A).

25 ‘‘(2) EXCEPTIONS.—
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1 ‘‘(A) IN GENERAL.—Paragraph (1) shall

2 not apply to an alien if the Attorney General

3 determines that—

4 ‘‘(i) the alien ordered, incited, as5 sisted, or otherwise participated in the per6 secution of any person on account of race,

7 religion, nationality, membership in a par8 ticular social group, or political opinion;

9 ‘‘(ii) the alien, having been convicted

10 by a final judgment of a particularly seri11 ous crime, constitutes a danger to the com12 munity of the United States;

13 ‘‘(iii) there are serious reasons for be14 lieving that the alien has committed a seri15 ous nonpolitical crime outside the United

16 States prior to the arrival of the alien in

17 the United States;

18 ‘‘(iv) there are reasonable grounds for

19 regarding the alien as a danger to the se20 curity of the United States;

21 ‘‘(v) the alien is inadmissible under

22 subclause (I), (II), (III), or (IV) of section

23 212(a)(3)(B)(i) or removable under section

24 237(a)(4)(B) (relating to terrorist activ25 ity), unless, in the case only of an alien in-
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1 admissible under subclause (IV) of section

2 212(a)(3)(B)(i), the Attorney General de3 termines, in the Attorney General’s discre4 tion, that there are not reasonable grounds

5 for regarding the alien as a danger to the

6 security of the United States; or

7 ‘‘(vi) the alien was firmly resettled in

8 another country prior to arriving in the

9 United States.

10 ‘‘(B) SPECIAL RULES.—

11 ‘‘(i) CONVICTION OF AGGRAVATED

12 FELONY.—For purposes of clause (ii) of

13 subparagraph (A), an alien who has been

14 convicted of an aggravated felony shall be

15 considered to have been convicted of a par16 ticularly serious crime.

17 ‘‘(ii) OFFENSES.—The Attorney Gen18 eral may designate by regulation offenses

19 that will be considered to be a crime de20 scribed in clause (ii) or (iii) of subpara21 graph (A).

22 ‘‘(C) ADDITIONAL LIMITATIONS.—The At23 torney General may by regulation establish ad24 ditional limitations and conditions, consistent
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1 with this section, under which an alien shall be

2 ineligible for asylum under paragraph (1).

3 ‘‘(D) NO JUDICIAL REVIEW.—There shall

4 be no judicial review of a determination of the

5 Attorney General under subparagraph (A)(v).

6 ‘‘(3) TREATMENT OF SPOUSE AND CHIL7 DREN.—A spouse or child (as defined in section

8 101(b)(1)(A), (B), (C), (D), or (E)) of an alien who

9 is granted asylum under this subsection may, if not

10 otherwise eligible for asylum under this section, be

11 granted the same status as the alien if accompany12 ing, or following to join, such alien.

13 ‘‘(c) ASYLUM STATUS.—

14 ‘‘(1) IN GENERAL.—In the case of an alien

15 granted asylum under subsection (b), the Attorney

16 General—

17 ‘‘(A) shall not remove or return the alien

18 to the alien’s country of nationality or, in the

19 case of a person having no nationality, the

20 country of the alien’s last habitual residence;

21 ‘‘(B) shall authorize the alien to engage in

22 employment in the United States and provide

23 the alien with appropriate endorsement of that

24 authorization; and
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1 ‘‘(C) may allow the alien to travel abroad

2 with the prior consent of the Attorney General.

3 ‘‘(2) TERMINATION OF ASYLUM.—Asylum granted

4 under subsection (b) does not convey a right to re5 main permanently in the United States, and may be

6 terminated if the Attorney General determines

7 that—

8 ‘‘(A) the alien no longer meets the conditions

9 described in subsection (b)(1) owing to a fun10 damental change in circumstances;

11 ‘‘(B) the alien meets a condition described in

12 subsection (b)(2);

13 ‘‘(C) the alien may be removed, pursuant to

14 a bilateral or multilateral agreement, to a coun15 try (other than the country of the alien’s na16 tionality or, in the case of an alien having no

17 nationality, the country of the alien’s last habit18 ual residence) in which the alien’s life or free19 dom would not be threatened on account of

20 race, religion, nationality, membership in a par21 ticular social group, or political opinion, and

22 where the alien is eligible to receive asylum or

23 equivalent temporary protection;

24 ‘‘(D) the alien has voluntarily availed himself

25 or herself of the protection of the alien’s coun-
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1 try of nationality or, in the case of an alien

2 having no nationality, the alien’s country of last

3 habitual residence, by returning to such country

4 with permanent resident status or the reason5 able possibility of obtaining such status with

6 the same rights and obligations pertaining to

7 other permanent residents of that country; or

8 ‘‘(E) the alien has acquired a new nationality

9 and enjoys the protection of the country of his

10 or her new nationality.

11 ‘‘(3) REMOVAL WHEN ASYLUM IS TERMINATED.—

12 An alien described in paragraph (2) is subject to any

13 applicable grounds of inadmissibility or deportability

14 under section 212(a) and 237(a), and the alien’s re15 moval or return shall be directed by the Attorney

16 General in accordance with sections 240 and 241.

17 ‘‘(d) ASYLUM PROCEDURE.—

18 ‘‘(1) APPLICATIONS.—The Attorney General shall

19 establish a procedure for the consideration of asylum

20 applications filed under subsection (a). The Attorney

21 General may require applicants to submit finger22 prints and a photograph at such time and in such

23 manner to be determined by regulation by the Attor24 ney General.
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1 ‘‘(2) EMPLOYMENT.—An applicant for asylum is

2 not entitled to employment authorization, but such

3 authorization may be provided under regulation by

4 the Attorney General. An applicant who is not other5 wise eligible for employment authorization shall not

6 be granted such authorization prior to 180 days

7 after the date of filing of the application for asylum.

8 ‘‘(3) FEES.—The Attorney General may impose

9 fees for the consideration of an application for asy10 lum, for employment authorization under this sec11 tion, and for adjustment of status under section

12 209(b). Such fees shall not exceed the Attorney Gen13 eral’s costs in adjudicating the applications. The At14 torney General may provide for the assessment and

15 payment of such fees over a period of time or by in16 stallments. Nothing in this paragraph shall be con17 strued to require the Attorney General to charge

18 fees for adjudication services provided to asylum ap19 plicants, or to limit the authority of the Attorney

20 General to set adjudication and naturalization fees

21 in accordance with section 286(m).

22 ‘‘(4) NOTICE OF PRIVILEGE OF COUNSEL AND

23 CONSEQUENCES OF FRIVOLOUS APPLICATION.—At

24 the time of filing an application for asylum, the At25 torney General shall—
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1 ‘‘(A) advise the alien of the privilege of being

2 represented by counsel and of the consequences,

3 under paragraph (6), of knowingly filing a friv4 olous application for asylum; and

5 ‘‘(B) provide the alien a list of persons (up6 dated not less often than quarterly) who have

7 indicated their availability to represent aliens in

8 asylum proceedings on a pro bono basis.

9 ‘‘(5) CONSIDERATION OF ASYLUM APPLICA10 TIONS.—

11 ‘‘(A) PROCEDURES.—The procedure estab12 lished under paragraph (1) shall provide that—

13 ‘‘(i) asylum cannot be granted until

14 the identity of the applicant has been

15 checked against all appropriate records or

16 databases maintained by the Attorney Gen17 eral and by the Secretary of State, includ18 ing the Automated Visa Lookout System,

19 to determine any grounds on which the

20 alien may be inadmissible to or deportable

21 from the United States, or ineligible to

22 apply for or be granted asylum;

23 ‘‘(ii) in the absence of exceptional cir24 cumstances, the initial interview or hearing

25 on the asylum application shall commence
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1 not later than 45 days after the date an

2 application is filed;

3 ‘‘(iii) in the absence of exceptional cir4 cumstances, final administrative adjudica5 tion of the asylum application, not includ6 ing administrative appeal, shall be com7 pleted within 180 days after the date an

8 application is filed;

9 ‘‘(iv) any administrative appeal shall be

10 filed within 30 days of a decision granting

11 or denying asylum, or within 30 days of

12 the completion of removal proceedings be13 fore an immigration judge under section

14 240, whichever is later; and

15 ‘‘(v) in the case of an applicant for asy16 lum who fails without prior authorization

17 or in the absence of exceptional cir18 cumstances to appear for an interview or

19 hearing, including a hearing under section

20 240, the application may be dismissed or

21 the applicant may be otherwise sanctioned

22 for such failure.

23 ‘‘(B) ADDITIONAL REGULATORY CONDI24 TIONS.—The Attorney General may provide by

25 regulation for any other conditions or limita-
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1 tions on the consideration of an application for

2 asylum not inconsistent with this Act.

3 ‘‘(6) FRIVOLOUS APPLICATIONS.—If the Attorney

4 General determines that an alien has knowingly

5 made a frivolous application for asylum and the

6 alien has received the notice under paragraph

7 (4)(A), the alien shall be permanently ineligible for

8 any benefits under this Act, effective as of the date

9 of a final determination on such application.

10 ‘‘(7) NO PRIVATE RIGHT OF ACTION.—Nothing in

11 this subsection shall be construed to create any sub12 stantive or procedural right or benefit that is legally

13 enforceable by any party against the United States

14 or its agencies or officers or any other person.’’.

15 (b) CONFORMING AND CLERICAL AMEND16 MENTS.—

17 (1) The item in the table of contents relating to

18 section 208 is amended to read as follows:

‘‘Sec. 208. Asylum.’’.

19 (2) Section 104(d)(1)(A) of the Immigration Act

20 of 1990 (Public Law 101–649) is amended by strik21 ing ‘‘208(b)’’ and inserting ‘‘208’’.

22 (c) EFFECTIVE DATE.—The amendment made by

23 subsection (a) shall apply to applications for asylum filed

24 on or after the first day of the first month beginning
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1 more than 180 days after the date of the enactment of

2 this Act.

3 SEC. 605. INCREASE IN ASYLUM OFFICERS.

4 Subject to the availability of appropriations, the

5 Attorney General shall provide for an increase in the

6 number of asylum officers to at least 600 asylum officers

7 by fiscal year 1997.

8 SEC. 606. CONDITIONAL REPEAL OF CUBAN ADJUSTMENT

9 ACT.

10 (a) IN GENERAL.—Public Law 89–732 is repealed

11 effective only upon a determination by the President

12 under section 203(c)(3) of the Cuban Liberty and Demo13 cratic Solidarity (LIBERTAD) Act of 1996 (Public Law

14 104–114) that a democratically elected government in

15 Cuba is in power.

16 (b) LIMITATION.—Subsection (a) shall not apply

17 to aliens for whom an application for adjustment of sta18 tus is pending on such effective date.

19 Subtitle B—Miscellaneous Amend20 ments to the Immigration and

21 Nationality Act

22 SEC. 621. ALIEN WITNESS COOPERATION.

23 Section 214(j)(1) (8 U.S.C. 1184(j)(1)) (as added

24 by section 130003(b)(2) of the Violent Crime Control and

25 Law Enforcement Act of 1994 (Public Law 103–322;
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1 108 Stat. 2025)) (relating to numerical limitations on the

2 number of aliens who may be provided a visa as non3 immigrants under section 101(a)(15)(S) of the Immigra4 tion and Nationality Act) is amended—

5 (1) by striking ‘‘100.’’ and inserting ‘‘200.’’; and

6 (2) by striking ‘‘25.’’ and inserting ‘‘50.’’.

7 SEC. 622. WAIVER OF FOREIGN COUNTRY RESIDENCE RE8 QUIREMENT WITH RESPECT TO INTER9 NATIONAL MEDICAL GRADUATES.

10 (a) EXTENSION OF WAIVER PROGRAM.—Section

11 220(c) of the Immigration and Nationality Technical

12 Corrections Act of 1994 (8 U.S.C. 1182 note) is amend13 ed by striking ‘‘1996.’’ and inserting ‘‘2002.’’.

14 (b) CONDITIONS ON FEDERALLY REQUESTED

15 WAIVERS.—Section 212(e) (8 U.S.C. 1182(e)) is amend16 ed by inserting after ‘‘except that in the case of a waiver

17 requested by a State Department of Public Health, or its

18 equivalent’’ the following: ‘‘, or in the case of a waiver

19 requested by an interested United States Government

20 agency on behalf of an alien described in clause (iii),’’.

21 (c) RESTRICTIONS ON FEDERALLY REQUESTED

22 WAIVERS.—Section 214(k) (8 U.S.C. 1184(k)) (as added

23 by section 220(b) of the Immigration and Nationality

24 Technical Corrections Act of 1994 (Public Law 103–416;

25 108 Stat. 4319)) is amended to read as follows:
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1 ‘‘(k)(1) In the case of a request by an interested

2 State agency, or by an interested Federal agency, for a

3 waiver of the 2-year foreign residence requirement under

4 section 212(e) on behalf of an alien described in clause

5 (iii) of such section, the Attorney General shall not grant

6 such waiver unless—

7 ‘‘(A) in the case of an alien who is otherwise con8 tractually obligated to return to a foreign country,

9 the government of such country furnishes the Direc10 tor of the United States Information Agency with a

11 statement in writing that it has no objection to such

12 waiver;

13 ‘‘(B) in the case of a request by an interested

14 State agency, the grant of such waiver would not

15 cause the number of waivers allotted for that State

16 for that fiscal year to exceed 20;

17 ‘‘(C) in the case of a request by an interested

18 Federal agency or by an interested State agency—

19 ‘‘(i) the alien demonstrates a bona fide offer

20 of full-time employment at a health facility or

21 health care organization, which employment has

22 been determined by the Attorney General to be

23 in the public interest; and

24 ‘‘(ii) the alien agrees to begin employment

25 with the health facility or health care organiza-
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1 tion within 90 days of receiving such waiver,

2 and agrees to continue to work for a total of

3 not less than 3 years (unless the Attorney Gen4 eral determines that extenuating circumstances

5 exist, such as closure of the facility or hardship

6 to the alien, which would justify a lesser period

7 of employment at such health facility or health

8 care organization, in which case the alien must

9 demonstrate another bona fide offer of employ10 ment at a health facility or health care organi11 zation for the remainder of such 3-year period);

12 and

13 ‘‘(D) in the case of a request by an interested

14 Federal agency (other than a request by an inter15 ested Federal agency to employ the alien full-time in

16 medical research or training) or by an interested

17 State agency, the alien agrees to practice medicine

18 in accordance with paragraph (2) for a total of not

19 less than 3 years only in the geographic area or

20 areas which are designated by the Secretary of

21 Health and Human Services as having a shortage of

22 health care professionals.

23 ‘‘(2)(A) Notwithstanding section 248(2), the At24 torney General may change the status of an alien

25 who qualifies under this subsection and section
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1 212(e) to that of an alien described in section

2 101(a)(15)(H)(i)(b).

3 ‘‘(B) No person who has obtained a change of sta4 tus under subparagraph (A) and who has failed to

5 fulfill the terms of the contract with the health facil6 ity or health care organization named in the waiver

7 application shall be eligible to apply for an immi8 grant visa, for permanent residence, or for any other

9 change of nonimmigrant status, until it is estab10 lished that such person has resided and been phys11 ically present in the country of his nationality or his

12 last residence for an aggregate of at least 2 years

13 following departure from the United States.

14 ‘‘(3) Notwithstanding any other provision of this

15 subsection, the 2-year foreign residence requirement

16 under section 212(e) shall apply with respect to an

17 alien described in clause (iii) of such section, who

18 has not otherwise been accorded status under section

19 101(a)(27)(H), if—

20 ‘‘(A) at any time the alien ceases to com21 ply with any agreement entered into under sub22 paragraph (C) or (D) of paragraph (1); or

23 ‘‘(B) the alien’s employment ceases to ben24 efit the public interest at any time during the

25 3-year period described in paragraph (1)(C).’’.
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1 SEC. 623. USE OF LEGALIZATION AND SPECIAL AGRICUL2 TURAL WORKER INFORMATION.

3 (a) CONFIDENTIALITY OF INFORMATION.—Section

4 245A(c)(5) (8 U.S.C. 1255a(c)(5)) is amended to read as

5 follows:

6 ‘‘(5) CONFIDENTIALITY OF INFORMATION.—

7 ‘‘(A) IN GENERAL.—Except as provided in

8 this paragraph, neither the Attorney General,

9 nor any other official or employee of the De10 partment of Justice, or bureau or agency there11 of, may—

12 ‘‘(i) use the information furnished by

13 the applicant pursuant to an application

14 filed under this section for any purpose

15 other than to make a determination on the

16 application, for enforcement of paragraph

17 (6), or for the preparation of reports to

18 Congress under section 404 of the Immi19 gration Reform and Control Act of 1986;

20 ‘‘(ii) make any publication whereby

21 the information furnished by any particu22 lar applicant can be identified; or

23 ‘‘(iii) permit anyone other than the

24 sworn officers and employees of the De25 partment or bureau or agency or, with re26 spect to applications filed with a des-
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1 ignated entity, that designated entity, to

2 examine individual applications.

3 ‘‘(B) REQUIRED DISCLOSURES.—The At4 torney General shall provide the information

5 furnished under this section, and any other in6 formation derived from such furnished informa7 tion, to a duly recognized law enforcement en8 tity in connection with a criminal investigation

9 or prosecution, when such information is re10 quested in writing by such entity, or to an offi11 cial coroner for purposes of affirmatively identi12 fying a deceased individual (whether or not

13 such individual is deceased as a result of a

14 crime).

15 ‘‘(C) AUTHORIZED DISCLOSURES.—The

16 Attorney General may provide, in the Attorney

17 General’s discretion, for the furnishing of infor18 mation furnished under this section in the same

19 manner and circumstances as census informa20 tion may be disclosed by the Secretary of Com21 merce under section 8 of title 13, United States

22 Code.

23 ‘‘(D) CONSTRUCTION.—

24 ‘‘(i) IN GENERAL.—Nothing in this

25 paragraph shall be construed to limit the
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1 use, or release, for immigration enforce2 ment purposes or law enforcement pur3 poses of information contained in files or

4 records of the Service pertaining to an ap5 plication filed under this section, other

6 than information furnished by an applicant

7 pursuant to the application, or any other

8 information derived from the application,

9 that is not available from any other source.

10 ‘‘(ii) CRIMINAL CONVICTIONS.—Informa11 tion concerning whether the applicant has

12 at any time been convicted of a crime may

13 be used or released for immigration en14 forcement or law enforcement purposes.

15 ‘‘(E) CRIME.—Whoever knowingly uses,

16 publishes, or permits information to be exam17 ined in violation of this paragraph shall be fined

18 not more than $10,000.’’.

19 (b) SPECIAL AGRICULTURAL WORKERS.—Sec20 tion 210(b)(6) (8 U.S.C. 1160(b)(6)) is amended to read

21 as follows:

22 ‘‘(6) CONFIDENTIALITY OF INFORMATION.—

23 ‘‘(A) IN GENERAL.—Except as provided in

24 this paragraph, neither the Attorney General,

25 nor any other official or employee of the De-
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1 partment of Justice, or bureau or agency there2 of, may—

3 ‘‘(i) use the information furnished by

4 the applicant pursuant to an application

5 filed under this section for any purpose

6 other than to make a determination on the

7 application, including a determination

8 under subsection (a)(3)(B), or for enforce9 ment of paragraph (7);

10 ‘‘(ii) make any publication whereby

11 the information furnished by any particu12 lar individual can be identified; or

13 ‘‘(iii) permit anyone other than the

14 sworn officers and employees of the De15 partment or bureau or agency or, with re16 spect to applications filed with a des17 ignated entity, that designated entity, to

18 examine individual applications.

19 ‘‘(B) REQUIRED DISCLOSURES.—The At20 torney General shall provide information fur21 nished under this section, and any other infor22 mation derived from such furnished informa23 tion, to a duly recognized law enforcement en24 tity in connection with a criminal investigation

25 or prosecution, when such information is re-
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1 quested in writing by such entity, or to an offi2 cial coroner for purposes of affirmatively identi3 fying a deceased individual (whether or not

4 such individual is deceased as a result of a

5 crime).

6 ‘‘(C) CONSTRUCTION.—

7 ‘‘(i) IN GENERAL.—Nothing in this

8 paragraph shall be construed to limit the

9 use, or release, for immigration enforce10 ment purposes or law enforcement pur11 poses of information contained in files or

12 records of the Service pertaining to an ap13 plication filed under this section, other

14 than information furnished by an applicant

15 pursuant to the application, or any other

16 information derived from the application,

17 that is not available from any other source.

18 ‘‘(ii) CRIMINAL CONVICTIONS.—Infor19 mation concerning whether the applicant

20 has at any time been convicted of a crime

21 may be used or released for immigration

22 enforcement or law enforcement purposes.

23 ‘‘(D) CRIME.—Whoever knowingly uses,

24 publishes, or permits information to be exam-
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1 ined in violation of this paragraph shall be fined

2 not more than $10,000.’’.

3 SEC. 624. CONTINUED VALIDITY OF LABOR CERTIFI4 CATIONS AND CLASSIFICATION PETITIONS

5 FOR PROFESSIONAL ATHLETES.

6 (a) LABOR CERTIFICATION.—Section 212(a)(5)(A)

7 (8 U.S.C. 1182(a)(5)(A)) is amended by adding at the end

8 the following:

9 ‘‘(iii) PROFESSIONAL ATHLETES.—

10 ‘‘(I) IN GENERAL.—A certifi11 cation made under clause (i) with re12 spect to a professional athlete shall

13 remain valid with respect to the ath14 lete after the athlete changes em15 ployer, if the new employer is a team

16 in the same sport as the team which

17 employed the athlete when the athlete

18 first applied for the certification.

19 ‘‘(II) DEFINITION.—For pur20 poses of subclause (I), the term ‘pro21 fessional athlete’ means an individual

22 who is employed as an athlete by—

23 ‘‘(aa) a team that is a mem24 ber of an association of 6 or

25 more professional sports teams
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1 whose total combined revenues

2 exceed $10,000,000 per year, if

3 the association governs the con4 duct of its members and regu5 lates the contests and exhibitions

6 in which its member teams regu7 larly engage; or

8 ‘‘(bb) any minor league

9 team that is affiliated with such

10 an association.’’.

11 (b) CLASSIFICATION PETITIONS.—Section 204 (8

12 U.S.C. 1154) is amended by adding at the end the follow13 ing:

14 ‘‘(i) PROFESSIONAL ATHLETES.—

15 ‘‘(1) IN GENERAL.—A petition under subsection

16 (a)(4)(D) for classification of a professional athlete

17 shall remain valid for the athlete after the athlete

18 changes employers, if the new employer is a team in

19 the same sport as the team which was the employer

20 who filed the petition.

21 ‘‘(2) DEFINITION.—For purposes of paragraph

22 (1), the term ‘professional athlete’ means an individ23 ual who is employed as an athlete by—

24 ‘‘(A) a team that is a member of an asso25 ciation of 6 or more professional sports teams
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1 whose total combined revenues exceed

2 $10,000,000 per year, if the association governs

3 the conduct of its members and regulates the

4 contests and exhibitions in which its member

5 teams regularly engage; or

6 ‘‘(B) any minor league team that is affili7 ated with such an association.’’.

8 SEC. 625. FOREIGN STUDENTS.

9 (a) LIMITATIONS.—

10 (1) IN GENERAL.—Section 214 (8 U.S.C. 1184)

11 is amended by adding at the end the following new

12 subsection:

13 ‘‘(l)(1) An alien may not be accorded status as a non14 immigrant under section 101(a)(15)(F)(i) in order to pur15 sue a course of study—

16 ‘‘(A) at a public elementary school or in a pub17 licly funded adult education program; or

18 ‘‘(B) at a public secondary school unless—

19 ‘‘(i) the aggregate period of such status at

20 such a school does not exceed 12 months with

21 respect to any alien, and (ii) the alien dem22 onstrates that the alien has reimbursed the

23 local educational agency that administers the

24 school for the full, unsubsidized per capita cost
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1 of providing education at such school for the

2 period of the alien’s attendance.

3 ‘‘(2) An alien who obtains the status of a non4 immigrant under section 101(a)(15)(F)(i) in order to pur5 sue a course of study at a private elementary or secondary

6 school or in a language training program that is not pub7 licly funded shall be considered to have violated such sta8 tus, and the alien’s visa under section 101(a)(15)(F) shall

9 be void, if the alien terminates or abandons such course

10 of study at such a school and undertakes a course of study

11 at a public elementary school, in a publicly funded adult

12 education program, in a publicly funded adult education

13 language training program, or at a public secondary school

14 (unless the requirements of paragraph (1)(B) are met).’’.

15 (2) CONFORMING AMENDMENT.—Section

16 101(a)(15)(F) (8 U.S.C. 1101(a)(15)(F)) is amend17 ed by inserting ‘‘consistent with section 214(l)’’ after

18 ‘‘such a course of study’’.

19 (b) REFERENCE TO NEW GROUND OF EXCLUSION

20 FOR STUDENT VISA ABUSERS.—For addition of ground

21 of inadmissibility for certain nonimmigrant student abus22 ers, see section 347 of this division.

23 (c) EFFECTIVE DATE.—The amendments made by

24 subsection (a) shall apply to individuals who obtain the

25 status of a nonimmigrant under section 101(a)(15)(F) of
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1 the Immigration and Nationality Act after the end of the

2 60-day period beginning on the date of the enactment of

3 this Act, including aliens whose status as such a non4 immigrant is extended after the end of such period.

5 SEC. 626. SERVICES TO FAMILY MEMBERS OF CERTAIN OF6 FICERS AND AGENTS KILLED IN THE LINE OF

7 DUTY.

8 (a) IN GENERAL.—Title II, as amended by section

9 205(a) of this division, is amended by adding at the end

10 the following new section:

11 ‘‘TRANSPORTATION OF REMAINS OF IMMIGRATION OFFI12 CERS AND BORDER PATROL AGENTS KILLED IN THE

13 LINE OF DUTY

14 ‘‘SEC. 295. (a) IN GENERAL.—To the extent pro15 vided in appropriation Acts, when an immigration officer

16 or border patrol agent is killed in the line of duty, the

17 Attorney General may pay from appropriations available

18 for the activity in which the officer or agent was en19 gaged—

20 ‘‘(1) the actual and necessary expenses of

21 transportation of the remains of the officer or agent

22 to a place of burial located in any State, American

23 Samoa, the Commonwealth of the Northern Mariana

24 Islands, the Republic of the Marshall Islands, the

25 Federated States of Micronesia, or the Republic of

26 Palau;
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1 ‘‘(2) travel expenses, including per diem in lieu

2 of subsistence, of the decedent’s spouse and minor

3 children to and from such site at rates not greater

4 than those established for official government travel

5 under subchapter I of chapter 57 of title 5, United

6 States Code; and

7 ‘‘(3) any other memorial service authorized by

8 the Attorney General.

9 ‘‘(b) PREPAYMENT.—The Attorney General may pre10 pay any expense authorized to be paid under this sec11 tion.’’.

12 (b) CLERICAL AMENDMENT.—The table of contents,

13 as amended by section 205(b) of this division, is amended

14 by inserting after the item relating to section 294 the fol15 lowing new item:

‘‘Sec. 295. Transportation of remains of immigration officers and border patrol agents killed in the line of duty.’’.

16 Subtitle C—Provisions Relating to

17 Visa Processing and Consular

18 Efficiency

19 SEC. 631. VALIDITY OF PERIOD OF VISAS.

20 (a) EXTENSION OF VALIDITY OF IMMIGRANT VISAS

21 TO 6 MONTHS.—Section 221(c) (8 U.S.C. 1201(c)) is

22 amended by striking ‘‘four months’’ and inserting ‘‘six

23 months’’.
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1 (b) AUTHORIZING APPLICATION OF RECIPROCITY

2 RULE FOR NONIMMIGRANT VISA IN CASE OF REFUGEES

3 AND PERMANENT RESIDENTS.—Such section is further

4 amended by inserting before the period at the end of the

5 third sentence the following: ‘‘; except that in the case of

6 aliens who are nationals of a foreign country and who ei7 ther are granted refugee status and firmly resettled in an8 other foreign country or are granted permanent residence

9 and residing in another foreign country, the Secretary of

10 State may prescribe the period of validity of such a visa

11 based upon the treatment granted by that other foreign

12 country to alien refugees and permanent residents, respec13 tively, in the United States’’.

14 SEC. 632. ELIMINATION OF CONSULATE SHOPPING FOR

15 VISA OVERSTAYS.

16 (a) IN GENERAL.—Section 222 (8 U.S.C. 1202) is

17 amended by adding at the end the following:

18 ‘‘(g)(1) In the case of an alien who has been admitted

19 on the basis of a nonimmigrant visa and remained in the

20 United States beyond the period of stay authorized by the

21 Attorney General, such visa shall be void beginning after

22 the conclusion of such period of stay.

23 ‘‘(2) An alien described in paragraph (1) shall be in24 eligible to be readmitted to the United States as a non25 immigrant, except—
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1 ‘‘(A) on the basis of a visa (other than the visa

2 described in paragraph (1)) issued in a consular of3 fice located in the country of the alien’s nationality

4 (or, if there is no office in such country, in such

5 other consular office as the Secretary of State shall

6 specify); or

7 ‘‘(B) where extraordinary circumstances are

8 found by the Secretary of State to exist.’’.

9 (b) APPLICABILITY.—

10 (1) VISAS.—Section 222(g)(1) of the Immigra11 tion and Nationality Act, as added by subsection (a),

12 shall apply to a visa issued before, on, or after the

13 date of the enactment of this Act.

14 (2) ALIENS SEEKING READMISSION.—Section

15 222(g)(2) of the Immigration and Nationality Act,

16 as added by subsection (a), shall apply to any alien

17 applying for readmission to the United States after

18 the date of the enactment of this Act, except an

19 alien applying for readmission on the basis of a visa

20 that—

21 (A) was issued before such date; and

22 (B) is not void through the application of

23 section 222(g)(1) of the Immigration and Na24 tionality Act, as added by subsection (a).
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1 SEC. 633. AUTHORITY TO DETERMINE VISA PROCESSING

2 PROCEDURES.

3 Section 202(a)(1) (8 U.S.C. 1152(a)(1)) is amend4 ed—

5 (1) by inserting ‘‘(A)’’ after ‘‘NONDISCRIMINA6 TION.—’’; and

7 (2) by adding at the end the following:

8 ‘‘(B) Nothing in this paragraph shall be con9 strued to limit the authority of the Secretary of

10 State to determine the procedures for the processing

11 of immigrant visa applications or the locations where

12 such applications will be processed.’’.

13 SEC. 634. CHANGES REGARDING VISA APPLICATION PROC14 ESS.

15 (a) NONIMMIGRANT APPLICATIONS.—Section 222(c)

16 (8 U.S.C. 1202(c)) is amended—

17 (1) by striking ‘‘personal description’’ through

18 ‘‘marks of identification);’’;

19 (2) by striking ‘‘applicant’’ and inserting ‘‘ap20 plicant, the determination of his eligibility for a non21 immigrant visa,’’; and

22 (3) by adding at the end the following: ‘‘At the

23 discretion of the Secretary of State, application

24 forms for the various classes of nonimmigrant ad25 missions described in section 101(a)(15) may vary

26 according to the class of visa being requested.’’.
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1 (b) DISPOSITION OF APPLICATIONS.—Section 222(e)

2 (8 U.S.C. 1202(e)) is amended—

3 (1) in the first sentence, by striking ‘‘required

4 by this section’’ and inserting ‘‘for an immigrant

5 visa’’; and

6 (2) in the fourth sentence—

7 (A) by striking ‘‘stamp’’ and inserting

8 ‘‘stamp, or other

9 (B) by striking ‘‘by the consular officer’’.

10 SEC. 635. VISA WAIVER PROGRAM.

11 (a) ELIMINATION OF JOINT ACTION REQUIRE12 MENT.—Section 217 (8 U.S.C. 1187) is amended—

13 (1) in subsection (a), by striking ‘‘Attorney

14 General and the Secretary of State, acting jointly’’

15 and inserting ‘‘Attorney General, in consultation

16 with the Secretary of State’’;

17 (2) in subsection (c)(1), by striking ‘‘Attorney

18 General and the Secretary of State acting jointly’’

19 and inserting ‘‘Attorney General, in consultation

20 with the Secretary of State,’’; and

21 (3) in subsection (d), by striking ‘‘Attorney

22 General and the Secretary of State, acting jointly,’’

23 and inserting ‘‘Attorney General, in consultation

24 with the Secretary of State,’’.
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1 (b) EXTENSION OF PROGRAM.—Section 217(f) (8

2 U.S.C. 1187(f)) is amended by striking ‘‘1996’’ and in3 serting ‘‘1997.’’.

4 (c) DURATION AND TERMINATION OF DESIGNATION

5 OF PILOT PROGRAM COUNTRIES.—

6 (1) IN GENERAL.—Section 217(g) (8 U.S.C.

7 1187(g)) is amended to read as follows:

8 ‘‘(g) DURATION AND TERMINATION OF DESIGNA9 TION.—

10 ‘‘(1) IN GENERAL.—

11 ‘‘(A) DETERMINATION AND NOTIFICATION

12 OF DISQUALIFICATION RATE.—Upon determina13 tion by the Attorney General that a pilot pro14 gram country’s disqualification rate is 2 percent

15 or more, the Attorney General shall notify the

16 Secretary of State.

17 ‘‘(B) PROBATIONARY STATUS.—If the pro18 gram country’s disqualification rate is greater

19 than 2 percent but less than 3.5 percent, the

20 Attorney General shall place the program coun21 try in probationary status for a period not to

22 exceed 2 full fiscal years following the year in

23 which the determination under subparagraph

24 (A) is made.
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1 ‘‘(C) TERMINATION OF DESIGNATION.—

2 Subject to paragraph (3), if the program coun3 try’s disqualification rate is 3.5 percent or

4 more, the Attorney General shall terminate the

5 country’s designation as a pilot program coun6 try effective at the beginning of the second fis7 cal year following the fiscal year in which the

8 determination under subparagraph (A) is made.

9 ‘‘(2) TERMINATION OF PROBATIONARY STA10 TUS.—

11 ‘‘(A) IN GENERAL.—If the Attorney Gen12 eral determines at the end of the probationary

13 period described in paragraph (1)(B) that the

14 program country placed in probationary status

15 under such paragraph has failed to develop a

16 machine-readable passport program as required

17 by section (c)(2)(C), or has a disqualification

18 rate of 2 percent or more, the Attorney General

19 shall terminate the designation of the country

20 as a pilot program country. If the Attorney

21 General determines that the program country

22 has developed a machine-readable passport pro23 gram and has a disqualification rate of less

24 than 2 percent, the Attorney General shall re-
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1 designate the country as a pilot program coun2 try.

3 ‘‘(B) EFFECTIVE DATE.—A termination of

4 the designation of a country under subpara5 graph (A) shall take effect on the first day of

6 the first fiscal year following the fiscal year in

7 which the determination under such subpara8 graph is made. Until such date, nationals of the

9 country shall remain eligible for a waiver under

10 subsection (a).

11 ‘‘(3) NONAPPLICABILITY OF CERTAIN PROVI12 SIONS.—Paragraph (1)(C) shall not apply unless the

13 total number of nationals of a pilot program country

14 described in paragraph (4)(A) exceeds 100.

15 ‘‘(4) DEFINITION.—For purposes of this sub16 section, the term ‘disqualification rate’ means the

17 percentage which—

18 ‘‘(A) the total number of nationals of the

19 pilot program country who were—

20 ‘‘(i) excluded from admission or with21 drew their application for admission during

22 the most recent fiscal year for which data

23 are available; and
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1 ‘‘(ii) admitted as nonimmigrant visi2 tors during such fiscal year and who vio3 lated the terms of such admission; bears to

4 ‘‘(B) the total number of nationals of such

5 country who applied for admission as non6 immigrant visitors during such fiscal year.’’.

7 (2) TRANSITION.—A country designated as a

8 pilot program country with probationary status

9 under section 217(g) of the Immigration and Na10 tionality Act (as in effect on the day before the date

11 of the enactment of this Act) shall be considered to

12 be designated as a pilot program country on and

13 after such date, subject to placement in probationary

14 status or termination of such designation under such

15 section (as amended by paragraph (1)).

16 (3) CONFORMING AMENDMENT.—Section

17 217(a)(2)(B) (8 U.S.C. 1187(a)(2)(B)) is amended

18 by striking ‘‘or is’’ through ‘‘subsection (g).’’ and in19 serting a period.

20 SEC. 636. FEE FOR DIVERSITY IMMIGRANT LOTTERY.

21 The Secretary of State may establish a fee to be paid

22 by each applicant for an immigrant visa described in sec23 tion 203(c) of the Immigration and Nationality Act. Such

24 fee may be set at a level that will ensure recovery of the

25 cost to the Department of State of allocating visas under
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1 such section, including the cost of processing all applica2 tions thereunder. All fees collected under this section shall

3 be used for providing consular services. All fees collected

4 under this section shall be deposited as an offsetting col5 lection to any Department of State appropriation and shall

6 remain available for obligations until expended. The provi7 sions of the Act of August 18, 1856 (11 Stat. 58; 22

8 U.S.C. 4212–4214), concerning accounting for consular

9 fees, shall not apply to fees collected under this section.

10 SEC. 637. ELIGIBILITY FOR VISAS FOR CERTAIN POLISH AP11 PLICANTS FOR THE 1995 DIVERSITY IMMI12 GRANT PROGRAM.

13 (a) IN GENERAL.—The Attorney General, in con14 sultation with the Secretary of State, shall include among

15 the aliens selected for diversity immigrant visas for fiscal

16 year 1997 pursuant to section 203(c) of the Immigration

17 and Nationality Act any alien who, on or before September

18 30, 1995—

19 (1) was selected as a diversity immigrant under

20 such section for fiscal year 1995;

21 (2) applied for adjustment of status to that of

22 an alien lawfully admitted for permanent residence

23 pursuant to section 245 of such Act during fiscal

24 year 1995, and whose application, and any associ-
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1 ated fees, were accepted by the Attorney General, in

2 accordance with applicable regulations;

3 (3) was not determined by the Attorney General

4 to be excludable under section 212 of such Act or in5 eligible under section 203(c)(2) of such Act; and

6 (4) did not become an alien lawfully admitted

7 for permanent residence during fiscal year 1995.

8 (b) PRIORITY.—The aliens selected under subsection

9 (a) shall be considered to have been selected for diversity

10 immigrant visas for fiscal year 1997 prior to any alien

11 selected under any other provision of law.

12 (c) REDUCTION OF IMMIGRANT VISA NUMBER.—For

13 purposes of applying the numerical limitations in sections

14 201 and 203(c) of the Immigration and Nationality Act,

15 aliens selected under subsection (a) who are granted an

16 immigrant visa shall be treated as aliens granted a visa

17 under section 203(c) of such Act.

18 Subtitle D—Other Provisions

19 SEC. 641. PROGRAM TO COLLECT INFORMATION RELATING

20 TO NONIMMIGRANT FOREIGN STUDENTS AND

21 OTHER EXCHANGE PROGRAM PARTICIPANTS.

22 (a) IN GENERAL.—

23 (1) PROGRAM.—The Attorney General, in con24 sultation with the Secretary of State and the Sec25 retary of Education, shall develop and conduct a
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1 program to collect from approved institutions of

2 higher education and designated exchange visitor

3 programs in the United States the information de4 scribed in subsection (c) with respect to aliens

5 who—

6 (A) have the status, or are applying for the

7 status, of nonimmigrants under subparagraph

8 (F), (J), or (M) of section 101(a)(15) of the

9 Immigration and Nationality Act; and

10 (B) are nationals of the countries des11 ignated under subsection (b).

12 (2) DEADLINE.—The program shall commence

13 not later than January 1, 1998.

14 (b) COVERED COUNTRIES.—The Attorney General,

15 in consultation with the Secretary of State, shall designate

16 countries for purposes of subsection (a)(1)(B). The Attor17 ney General shall initially designate not less than 5 coun18 tries and may designate additional countries at any time

19 while the program is being conducted.

20 (c) INFORMATION TO BE COLLECTED.—

21 (1) IN GENERAL.—The information for collec22 tion under subsection (a) with respect to an alien

23 consists of—

24 (A) the identity and current address in the

25 United States of the alien;
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1 (B) the nonimmigrant classification of the

2 alien and the date on which a visa under the

3 classification was issued or extended or the date

4 on which a change to such classification was

5 approved by the Attorney General;

6 (C) in the case of a student at an approved

7 institution of higher education, the current aca8 demic status of the alien, including whether the

9 alien is maintaining status as a full-time stu10 dent or, in the case of a participant in a des11 ignated exchange visitor program, whether the

12 alien is satisfying the terms and conditions of

13 such program; and

14 (D) in the case of a student at an ap15 proved institution of higher education, any dis16 ciplinary action taken by the institution against

17 the alien as a result of the alien’s being con18 victed of a crime or, in the case of a participant

19 in a designated exchange visitor program, any

20 change in the alien’s participation as a result of

21 the alien’s being convicted of a crime.

22 (2) FERPA.—The Family Educational Rights

23 and Privacy Act of 1974 shall not apply to aliens de24 scribed in subsection (a) to the extent that the At-
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1 torney General determines necessary to carry out the

2 program under subsection (a).

3 (3) ELECTRONIC COLLECTION.—The informa4 tion described in paragraph (1) shall be collected

5 electronically, where practicable.

6 (4) COMPUTER SOFTWARE.—

7 (A) COLLECTING INSTITUTIONS.—To the

8 extent practicable, the Attorney General shall

9 design the program in a manner that permits

10 approved institutions of higher education and

11 designated exchange visitor programs to use ex12 isting software for the collection, storage, and

13 data processing of information described in

14 paragraph (1).

15 (B) ATTORNEY GENERAL.—To the extent

16 practicable, the Attorney General shall use or

17 enhance existing software for the collection,

18 storage, and data processing of information de19 scribed in paragraph (1).

20 (d) PARTICIPATION BY INSTITUTIONS OF HIGHER

21 EDUCATION AND EXCHANGE VISITOR PROGRAMS.—

22 (1) CONDITION.—The information described in

23 subsection (c) shall be provided by as a condition

24 of—
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1 (A) in the case of an approved institution

2 of higher education, the continued approval of

3 the institution under subparagraph (F) or (M)

4 of section 101(a)(15) of the Immigration and

5 Nationality Act; and

6 (B) in the case of an approved institution

7 of higher education or a designated exchange

8 visitor program, the granting of authority to

9 issue documents to an alien demonstrating the

10 alien’s eligibility for a visa under subparagraph

11 (F), (J), or (M) of section 101(a)(15) of such

12 Act.

13 (2) EFFECT OF FAILURE TO PROVIDE INFOR14 MATION.—If an approved institution of higher edu15 cation or a designated exchange visitor program fails

16 to provide the specified information, such approvals

17 and such issuance of visas shall be revoked or de18 nied.

19 (e) FUNDING.—

20 (1) IN GENERAL.—Beginning on April 1, 1997,

21 an approved institution of higher education and a

22 designated exchange visitor program shall impose

23 on, and collect from, each alien described in para24 graph (3), with respect to whom the institution or

25 program is required by subsection (a) to collect in-
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1 formation, a fee established by the Attorney General

2 under paragraph (4) at the time—

3 (A) when the alien first registers with the

4 institution or program after entering the United

5 States; or

6 (B) in a case where a registration under

7 subparagraph (A) does not exist, when the alien

8 first commences activities in the United States

9 with the institution or program.

10 (2) REMITTANCE.—An approved institution of

11 higher education and a designated exchange visitor

12 program shall remit the fees collected under para13 graph (1) to the Attorney General pursuant to a

14 schedule established by the Attorney General.

15 (3) ALIENS DESCRIBED.—An alien referred to

16 in paragraph (1) is an alien who has nonimmigrant

17 status under subparagraph (F), (J), or (M) of sec18 tion 101(a)(15) of the Immigration and Nationality

19 Act (other than a nonimmigrant under section

20 101(a)(15)(J) of such Act who has come to the

21 United States as a participant in a program spon22 sored by the Federal Government).

23 (4) AMOUNT AND USE OF FEES.—

24 (A) ESTABLISHMENT OF AMOUNT.—The

25 Attorney General shall establish the amount of
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1 the fee to be imposed on, and collected from, an

2 alien under paragraph (1). Except as provided

3 in subsection (g)(2), the fee imposed on any in4 dividual may not exceed $100. The amount of

5 the fee shall be based on the Attorney General’s

6 estimate of the cost per alien of conducting the

7 information collection program described in this

8 section.

9 (B) USE.—Fees collected under paragraph

10 (1) shall be deposited as offsetting receipts into

11 the Immigration Examinations Fee Account

12 (established under section 286(m) of the Immi13 gration and Nationality Act) and shall remain

14 available until expended for the Attorney Gen15 eral to reimburse any appropriation the amount

16 paid out of which is for expenses in carrying

17 out this section.

18 (f) JOINT REPORT.—Not later than 4 years after the

19 commencement of the program established under sub20 section (a), the Attorney General, the Secretary of State,

21 and the Secretary of Education shall jointly submit to the

22 Committees on the Judiciary of the Senate and the House

23 of Representatives a report on the operations of the pro24 gram and the feasibility of expanding the program to cover

25 the nationals of all countries.
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1 (g) WORLDWIDE APPLICABILITY OF THE PRO2 GRAM.—

3 (1) EXPANSION OF PROGRAM.—

4 (A) IN GENERAL.—Not later than 6

5 months after the submission of the report re6 quired by subsection (f), the Attorney General,

7 in consultation with the Secretary of State and

8 the Secretary of Education, shall commence ex9 pansion of the program to cover the nationals

10 of all countries.

11 (B) DEADLINE.—Such expansion shall be

12 completed not later than 1 year after the date

13 of the submission of the report referred to in

14 subsection (f).

15 (2) REVISION OF FEE.—After the program has

16 been expanded, as provided in paragraph (1), the

17 Attorney General may, on a periodic basis, revise the

18 amount of the fee imposed and collected under sub19 section (e) in order to take into account changes in

20 the cost of carrying out the program.

21 (h) DEFINITIONS.—As used in this section:

22 (1) APPROVED INSTITUTION OF HIGHER EDU23 CATION.—The term ‘‘approved institution of higher

24 education’’ means a college or university approved

25 by the Attorney General, in consultation with the
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1 Secretary of Education, under subparagraph (F),

2 (J), or (M) of section 101(a)(15) of the Immigration

3 and Nationality Act.

4 (2) DESIGNATED EXCHANGE VISITOR PRO5 GRAM.—The term ‘‘designated exchange visitor pro6 gram’’ means a program that has been—

7 (A) designated by the Director of the Unit8 ed States Information Agency for purposes of

9 section 101(a)(15)(J) of the Immigration and

10 Nationality Act; and

11 (B) selected by the Attorney General for

12 purposes of the program under this section.

13 SEC. 642. COMMUNICATION BETWEEN GOVERNMENT AGEN14 CIES AND THE IMMIGRATION AND NATU15 RALIZATION SERVICE.

16 (a) IN GENERAL.—Notwithstanding any other provi17 sion of Federal, State, or local law, a Federal, State, or

18 local government entity or official may not prohibit, or in

19 any way restrict, any government entity or official from

20 sending to, or receiving from, the Immigration and Natu21 ralization Service information regarding the citizenship or

22 immigration status, lawful or unlawful, of any individual.

23 (b) ADDITIONAL AUTHORITY OF GOVERNMENT EN24 TITIES.—Notwithstanding any other provision of Federal,

25 State, or local law, no person or agency may prohibit, or
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1 in any way restrict, a Federal, State, or local government

2 entity from doing any of the following with respect to in3 formation regarding the immigration status, lawful or un4 lawful, of any individual:

5 (1) Sending such information to, or requesting

6 or receiving such information from, the Immigration

7 and Naturalization Service.

8 (2) Maintaining such information.

9 (3) Exchanging such information with any

10 other Federal, State, or local government entity.

11 (c) OBLIGATION TO RESPOND TO INQUIRIES.—The

12 Immigration and Naturalization Service shall respond to

13 an inquiry by a Federal, State, or local government agen14 cy, seeking to verify or ascertain the citizenship or immi15 gration status of any individual within the jurisdiction of

16 the agency for any purpose authorized by law, by provid17 ing the requested verification or status information.

18 SEC. 643. REGULATIONS REGARDING HABITUAL RESI19 DENCE.

20 Not later than 6 months after the date of the enact21 ment of this Act, the Commissioner of Immigration and

22 Naturalization shall issue regulations governing rights of

23 ‘‘habitual residence’’ in the United States under the terms

24 of the following:
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1 (1) The Compact of Free Association between

2 the Government of the United States and the Gov3 ernments of the Marshall Islands and the Federated

4 States of Micronesia (48 U.S.C. 1901 note).

5 (2) The Compact of Free Association between

6 the Government of the United States and the Gov7 ernment of Palau (48 U.S.C. 1931 note).

8 SEC. 644. INFORMATION REGARDING FEMALE GENITAL MU9 TILATION.

10 (a) PROVISION OF INFORMATION REGARDING FE11 MALE GENITAL MUTILATION.—The Immigration and

12 Naturalization Service (in cooperation with the Depart13 ment of State) shall make available for all aliens who are

14 issued immigrant or nonimmigrant visas, prior to or at

15 the time of entry into the United States, the following in16 formation:

17 (1) Information on the severe harm to physical

18 and psychological health caused by female genital

19 mutilation which is compiled and presented in a

20 manner which is limited to the practice itself and re21 spectful to the cultural values of the societies in

22 which such practice takes place.

23 (2) Information concerning potential legal con24 sequences in the United States for (A) performing

25 female genital mutilation, or (B) allowing a child
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1 under his or her care to be subjected to female geni2 tal mutilation, under criminal or child protection

3 statutes or as a form of child abuse.

4 (b) LIMITATION.—In consultation with the Secretary

5 of State, the Commissioner of Immigration and Natu6 ralization shall identify those countries in which female

7 genital mutilation is commonly practiced and, to the ex8 tent practicable, limit the provision of information under

9 subsection (a) to aliens from such countries.

10 (c) DEFINITION.—For purposes of this section, the

11 term ‘‘female genital mutilation’’ means the removal or

12 infibulation (or both) of the whole or part of the clitoris,

13 the labia minora, or labia majora.

14 SEC. 645. CRIMINALIZATION OF FEMALE GENITAL MUTILA15 TION.

16 (a) FINDINGS.—The Congress finds that—

17 (1) the practice of female genital mutilation is

18 carried out by members of certain cultural and reli19 gious groups within the United States;

20 (2) the practice of female genital mutilation

21 often results in the occurrence of physical and psy22 chological health effects that harm the women in23 volved;
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1 (3) such mutilation infringes upon the guaran2 tees of rights secured by Federal and State law,

3 both statutory and constitutional;

4 (4) the unique circumstances surrounding the

5 practice of female genital mutilation place it beyond

6 the ability of any single State or local jurisdiction to

7 control;

8 (5) the practice of female genital mutilation can

9 be prohibited without abridging the exercise of any

10 rights guaranteed under the first amendment to the

11 Constitution or under any other law; and

12 (6) Congress has the affirmative power under

13 section 8 of article I, the necessary and proper

14 clause, section 5 of the fourteenth amendment, as

15 well as under the treaty clause, to the Constitution

16 to enact such legislation.

17 (b) CRIME.—

18 (1) IN GENERAL.—Chapter 7 of title 18, United

19 States Code, is amended by adding at the end the

20 following:

21 ‘‘§ 116. Female genital mutilation

22 ‘‘(a) Except as provided in subsection (b), whoever

23 knowingly circumcises, excises, or infibulates the whole or

24 any part of the labia majora or labia minora or clitoris

25 of another person who has not attained the age of 18 years
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1 shall be fined under this title or imprisoned not more than

2 5 years, or both.

3 ‘‘(b) A surgical operation is not a violation of this

4 section if the operation is—

5 ‘‘(1) necessary to the health of the person on

6 whom it is performed, and is performed by a person

7 licensed in the place of its performance as a medical

8 practitioner; or

9 ‘‘(2) performed on a person in labor or who has

10 just given birth and is performed for medical pur11 poses connected with that labor or birth by a person

12 licensed in the place it is performed as a medical

13 practitioner, midwife, or person in training to be14 come such a practitioner or midwife.

15 ‘‘(c) In applying subsection (b)(1), no account shall

16 be taken of the effect on the person on whom the operation

17 is to be performed of any belief on the part of that person,

18 or any other person, that the operation is required as a

19 matter of custom or ritual.’’.

20 (2) CONFORMING AMENDMENT.—The table of

21 sections at the beginning of chapter 7 of title 18,

22 United States Code, is amended by adding at the

23 end the following new item:

‘‘116. Female genital mutilation.’’.
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1 (c) EFFECTIVE DATE.—The amendments made by

2 subsection (b) shall take effect on the date that is 180

3 days after the date of the enactment of this Act.

4 SEC. 646. ADJUSTMENT OF STATUS FOR CERTAIN POLISH

5 AND HUNGARIAN PAROLEES.

6 (a) IN GENERAL.—The Attorney General shall adjust

7 the status of an alien described in subsection (b) to that

8 of an alien lawfully admitted for permanent residence if

9 the alien—

10 (1) applies for such adjustment;

11 (2) has been physically present in the United

12 States for at least 1 year and is physically present

13 in the United States on the date the application for

14 such adjustment is filed;

15 (3) is admissible to the United States as an im16 migrant, except as provided in subsection (c); and

17 (4) pays a fee (determined by the Attorney

18 General) for the processing of such application.

19 (b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA20 TUS.—The benefits provided in subsection (a) shall only

21 apply to an alien who—

22 (1) was a national of Poland or Hungary; and

23 (2) was inspected and granted parole into the

24 United States during the period beginning on No-
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1 vember 1, 1989, and ending on December 31, 1991,

2 after being denied refugee status.

3 (c) WAIVER OF CERTAIN GROUNDS FOR INADMIS4 SIBILITY.—The provisions of paragraphs (4), (5), and

5 (7)(A) of section 212(a) of the Immigration and National6 ity Act shall not apply to adjustment of status under this

7 section and the Attorney General may waive any other

8 provision of such section (other than paragraph (2)(C)

9 and subparagraphs (A), (B), (C), or (E) of paragraph (3))

10 with respect to such an adjustment for humanitarian pur11 poses, to assure family unity, or when it is otherwise in

12 the public interest.

13 (d) DATE OF APPROVAL.—Upon the approval of such

14 an application for adjustment of status, the Attorney Gen15 eral shall create a record of the alien’s admission as an

16 alien lawfully admitted for permanent residence as of the

17 date of the alien’s inspection and parole described in sub18 section (b)(2).

19 (e) NO OFFSET IN NUMBER OF VISAS AVAILABLE.—

20 When an alien is granted the status of having been law21 fully admitted for permanent residence under this section,

22 the Secretary of State shall not be required to reduce the

23 number of immigrant visas authorized to be issued under

24 the Immigration and Nationality Act.
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1 SEC. 647. SUPPORT OF DEMONSTRATION PROJECTS.

2 (a) IN GENERAL.—The Attorney General shall make

3 available funds under this section, in each of fiscal years

4 1997 through 2001, to the Commissioner of Immigration

5 and Naturalization or to other public or private nonprofit

6 entities to support demonstration projects under this sec7 tion at 10 sites throughout the United States. Each such

8 project shall be designed to provide for the administration

9 of the oath of allegiance under section 337(a) of the Immi10 gration and Nationality Act on a business day around

11 Independence Day to approximately 500 people whose ap12 plication for naturalization has been approved. Each

13 project shall provide for appropriate outreach and ceremo14 nial and celebratory activities.

15 (b) SELECTION OF SITES.—The Attorney General

16 shall, in the Attorney General’s discretion, select diverse

17 locations for sites on the basis of the number of natu18 ralization applicants living in proximity to each site and

19 the degree of local community participation and support

20 in the project to be held at the site. Not more than 2 sites

21 may be located in the same State. The Attorney General

22 shall consider changing the sites selected from year to

23 year.

24 (c) AMOUNTS AVAILABLE; USE OF FUNDS.—
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1 (1) AMOUNT.—The amount made available

2 under this section with respect to any single site for

3 a year shall not exceed $5,000.

4 (2) USE.—Funds made available under this

5 section may be used only to cover expenses incurred

6 in carrying out oath administration ceremonies at

7 the demonstration sites under subsection (a), includ8 ing expenses for—

9 (A) cost of personnel of the Immigration

10 and Naturalization Service (including travel and

11 overtime expenses);

12 (B) rental of space; and

13 (C) costs of printing appropriate brochures

14 and other information about the ceremonies.

15 (3) AVAILABILITY OF FUNDS.—Funds that are

16 otherwise available to the Immigration and Natu17 ralization Service to carry out naturalization activi18 ties shall be available, to the extent provided in ap19 propriation Acts, to carry out this section.

20 (d) APPLICATION.—In the case of an entity other

21 than the Immigration and Naturalization Service seeking

22 to conduct a demonstration project under this section, no

23 amounts may be made available to the entity under this

24 section unless an appropriate application has been made
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1 to, and approved by, the Attorney General, in a form and

2 manner specified by the Attorney General.

3 SEC. 648. SENSE OF CONGRESS REGARDING AMERICAN4 MADE PRODUCTS; REQUIREMENTS REGARD5 ING NOTICE.

6 (a) PURCHASE OF AMERICAN-MADE EQUIPMENT

7 AND PRODUCTS.—It is the sense of the Congress that, to

8 the greatest extent practicable, all equipment and products

9 purchased with funds made available under this division

10 should be American-made.

11 (b) NOTICE TO RECIPIENTS OF GRANTS.—In provid12 ing grants under this division, the Attorney General, to

13 the greatest extent practicable, shall provide to each recip14 ient of a grant a notice describing the statement made

15 in subsection (a) by the Congress.

16 SEC. 649. VESSEL MOVEMENT CONTROLS DURING IMMI17 GRATION EMERGENCY.

18 Section 1 of the Act of June 15, 1917 (50 U.S.C.

19 191) is amended in the first sentence by inserting ‘‘or

20 whenever the Attorney General determines that an actual

21 or anticipated mass migration of aliens en route to, or ar22 riving off the coast of, the United States presents urgent

23 circumstances requiring an immediate Federal response,’’

24 after ‘‘United States,’’ the first place such term appears.
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1 SEC. 650. REVIEW OF PRACTICES OF TESTING ENTITIES.

2 (a) IN GENERAL.—The Attorney General shall inves3 tigate, and submit a report to the Committees on the Judi4 ciary of the House of Representatives and of the Senate

5 regarding, the practices of entities authorized to admin6 ister standardized citizenship tests pursuant to section

7 312.3(a) of title 8, Code of Federal Regulations. The re8 port shall include any findings of fraudulent practices by

9 such entities.

10 (b) PRELIMINARY AND FINAL REPORTS.—Not later

11 than 90 days after the date of the enactment of this Act,

12 the Attorney General shall submit to the Committees on

13 the Judiciary of the House of Representatives and of the

14 Senate a preliminary report on the investigation conducted

15 under subsection (a). The Attorney General shall submit

16 to such Committees a final report on such investigation

17 not later than 275 days after the submission of the pre18 liminary report.

19 SEC. 651. DESIGNATION OF A UNITED STATES CUSTOMS AD20 MINISTRATIVE BUILDING.

21 (a) DESIGNATION.—The United States Customs Ad22 ministrative Building at the Ysleta/Zaragosa Port of

23 Entry located at 797 South Zaragosa Road in El Paso,

24 Texas, is designated as the ‘‘Timothy C. McCaghren Cus25 toms Administrative Building’’.
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1 (b) LEGAL REFERENCES.—Any reference in any law,

2 regulation, document, record, map, or other paper of the

3 United States to the building referred to in subsection (a)

4 is deemed to be a reference to the ‘‘Timothy C.

5 McCaghren Customs Administrative Building’’.

6 SEC. 652. MAIL-ORDER BRIDE BUSINESS.

7 (a) FINDINGS.—The Congress finds as follows:

8 (1) There is a substantial ‘‘mail-order bride’’

9 business in the United States. With approximately

10 200 companies in the United States, an estimated

11 2,000 to 3,500 men in the United States find wives

12 through mail-order bride catalogs each year. How13 ever, there are no official statistics available on the

14 number of mail-order brides entering the United

15 States each year.

16 (2) The companies engaged in the mail-order

17 bride business earn substantial profits.

18 (3) Although many of these mail-order mar19 riages work out, in many other cases, anecdotal evi20 dence suggests that mail-order brides find them21 selves in abusive relationships. There is also evidence

22 to suggest that a substantial number of mail-order

23 marriages are fraudulent under United States law.

24 (4) Many mail-order brides come to the United

25 States unaware or ignorant of United States immi-
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1 gration law. Mail-order brides who are battered

2 often think that if they flee an abusive marriage,

3 they will be deported. Often the citizen spouse

4 threatens to have them deported if they report the

5 abuse.

6 (5) The Immigration and Naturalization Serv7 ice estimates that the rate of marriage fraud be8 tween foreign nationals and United States citizens

9 or aliens lawfully admitted for permanent residence

10 is 8 percent. It is unclear what percentage of these

11 marriage fraud cases originate as mail-order mar12 riages.

13 (b) INFORMATION DISSEMINATION.—

14 (1) REQUIREMENT.—Each international match15 making organization doing business in the United

16 States shall disseminate to recruits, upon recruit17 ment, such immigration and naturalization informa18 tion as the Immigration and Naturalization Service

19 deems appropriate, in the recruit’s native language,

20 including information regarding conditional perma21 nent residence status and the battered spouse waiver

22 under such status, permanent resident status, mar23 riage fraud penalties, the unregulated nature of the

24 business engaged in by such organizations, and the

25 study required under subsection (c).
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1 (2) CIVIL PENALTY.—

2 (A) VIOLATION.—Any international match3 making organization that the Attorney General

4 determines has violated subsection (b) shall be

5 subject, in addition to any other penalties that

6 may be prescribed by law, to a civil money pen7 alty of not more than $20,000 for each such

8 violation.

9 (B) PROCEDURES FOR IMPOSITION OF

10 PENALTY.—Any penalty under subparagraph

11 (A) may be imposed only after notice and op12 portunity for an agency hearing on the record

13 in accordance with sections 554 through 557 of

14 title 5, United States Code.

15 (c) STUDY.—The Attorney General, in consultation

16 with the Commissioner of Immigration and Naturalization

17 and the Director of the Violence Against Women Initiative

18 of the Department of Justice, shall conduct a study of

19 mail-order marriages to determine, among other things—

20 (1) the number of such marriages;

21 (2) the extent of marriage fraud in such mar22 riages, including an estimate of the extent of mar23 riage fraud arising from the services provided by

24 international matchmaking organizations;
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1 (3) the extent to which mail-order spouses uti2 lize section 244(a)(3) of the Immigration and Na3 tionality Act (providing for suspension of deporta4 tion in certain cases involving abuse), or section

5 204(a)(1)(A)(iii) of such Act (providing for certain

6 aliens who have been abused to file a classification

7 petition on their own behalf);

8 (4) the extent of domestic abuse in mail-order

9 marriages; and

10 (5) the need for continued or expanded regula11 tion and education to implement the objectives of

12 the Violence Against Women Act of 1994 and the

13 Immigration Marriage Fraud Amendments of 1986

14 with respect to mail-order marriages.

15 (d) REPORT.—Not later than 1 year after the date

16 of the enactment of this Act, the Attorney General shall

17 submit a report to the Committees on the Judiciary of

18 the House of Representatives and of the Senate setting

19 forth the results of the study conducted under subsection

20 (c).

21 (e) DEFINITIONS.—As used in this section:

22 (1) INTERNATIONAL MATCHMAKING ORGANIZA23 TION.—

24 (A) IN GENERAL.—The term ‘‘inter25 national matchmaking organization’’ means a
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1 corporation, partnership, business, or other

2 legal entity, whether or not organized under the

3 laws of the United States or any State, that

4 does business in the United States and for prof5 it offers to United States citizens or aliens law6 fully admitted for permanent residence, dating,

7 matrimonial, or social referral services to non8 resident noncitizens, by—

9 (i) an exchange of names, telephone

10 numbers, addresses, or statistics;

11 (ii) selection of photographs; or

12 (iii) a social environment provided by

13 the organization in a country other than

14 the United States.

15 (B) EXCEPTION.—Such term does not in16 clude a traditional matchmaking organization of

17 a religious nature that otherwise operates in

18 compliance with the laws of the countries of the

19 recruits of such organization and the laws of

20 the United States.

21 (2) RECRUIT.—The term ‘‘recruit’’ means a

22 noncitizen, nonresident person, recruited by the

23 international matchmaking organization for the pur24 pose of providing dating, matrimonial, or social re-
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1 ferral services to United States citizens or aliens

2 lawfully admitted for permanent residence.

3 SEC. 653. REVIEW AND REPORT ON H–2A NONIMMIGRANT

4 WORKERS PROGRAM.

5 (a) SENSE OF THE CONGRESS.—It is the sense of the

6 Congress that the H2–A nonimmigrant worker program

7 should be reviewed and may need improvement in order

8 to meet the need of producers of labor-intensive agricul9 tural commodities and livestock in the United States for

10 an adequate workforce.

11 (b) REVIEW.—The Comptroller General shall review

12 the effectiveness of the H–2A nonimmigrant worker pro13 gram to ensure that the program provides a sufficient sup14 ply of agricultural labor in the event of future shortages

15 of domestic workers after the enactment of this Act.

16 Among other things, the Comptroller General shall review

17 the H–2A nonimmigrant worker program to determine—

18 (1) whether the program ensures that an ade19 quate supply of qualified United States workers is

20 available at the time and place needed for employers

21 seeking such workers after the date of enactment of

22 this Act;

23 (2) whether the program ensures that there is

24 timely approval of applications for temporary foreign

25 workers under the program in the event of shortages
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1 of United States workers after the date of the enact2 ment of this Act;

3 (3) whether the program ensures that imple4 mentation of the program is not displacing United

5 States agricultural workers or diminishing the terms

6 and conditions of employment of United States agri7 cultural workers;

8 (4) if, and to what extent, the program is con9 tributing to the problem of illegal immigration; and

10 (5) that the program adequately meets the

11 needs of agricultural employers for all types of tem12 porary foreign agricultural workers, including high13 er-skilled workers in occupations which require a

14 level of specific vocational preparation of 4 or higher

15 (as described in the 4th edition of the Dictionary of

16 Occupational Title, published by the Department of

17 Labor).

18 (c) REPORT.—Not later than December 31, 1996, or

19 3 months after the date of the enactment of this Act,

20 whichever occurs earlier, the Comptroller General shall

21 submit a report to the appropriate committees of the Con22 gress setting forth the conclusions of the Comptroller Gen23 eral from the review conducted under subsection (b).

24 (d) DEFINITIONS.—As used in this section:
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1 (1) The term ‘‘Comptroller General’’ means the

2 Comptroller General of the United States.

3 (2) The term ‘‘H–2A nonimmigrant worker pro4 gram’’ means the program for the admission of non5 immigrant aliens described in section

6 101(a)(15)(H)(ii)(a) of the Immigration and Nation7 ality Act.

8 SEC. 654. REPORT ON ALLEGATIONS OF HARASSMENT BY

9 CANADIAN CUSTOMS AGENTS.

10 (a) STUDY AND REVIEW.—

11 (1) IN GENERAL.—Not later than 30 days after

12 the date of the enactment of this Act, the Commis13 sioner of the United States Customs Service shall

14 initiate a study of harassment by Canadian customs

15 agents allegedly undertaken for the purpose of deter16 ring cross-border commercial activity along the Unit17 ed States-New Brunswick border. Such study shall

18 include a review of the possible connection between

19 any incidents of harassment and the discriminatory

20 imposition of the New Brunswick provincial sales tax

21 on goods purchased in the United States by New

22 Brunswick residents, and with any other actions

23 taken by the Canadian provincial governments to

24 deter cross-border commercial activities.
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1 (2) CONSULTATION.—In conducting the study

2 under paragraph (1), the Commissioner of the Unit3 ed States Customs Service shall consult with rep4 resentatives of the State of Maine, local govern5 ments, local businesses, and any other knowledgeable

6 persons who the Commissioner considers to be im7 portant to the completion of the study.

8 (b) REPORT.—Not later than 120 days after the date

9 of the enactment of this Act, the Commissioner of the

10 United States Customs Service shall submit to the Com11 mittees on the Judiciary of the House of Representatives

12 and of the Senate a report on the study and review con13 ducted under subsection (a). The report shall include rec14 ommendations for steps that the United States Govern15 ment can take to help end any harassment by Canadian

16 customs agents that is found to have occurred.

17 SEC. 655. SENSE OF CONGRESS ON DISCRIMINATORY AP18 PLICATION OF NEW BRUNSWICK PROVINCIAL

19 SALES TAX.

20 (a) FINDINGS.—The Congress finds as follows:

21 (1) In July 1993, Canadian customs officers

22 began collecting an 11 percent New Brunswick pro23 vincial sales tax on goods purchased in the United

24 States by New Brunswick residents, an action that

25 has caused severe economic harm to United States
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1 businesses located in proximity to the border with

2 New Brunswick.

3 (2) This impediment to cross-border trade com4 pounds the damage already done from the Canadian

5 Government’s imposition of a 7 percent tax on all

6 goods bought by Canadians in the United States.

7 (3) Collection of the New Brunswick provincial

8 sales tax on goods purchased outside of New Bruns9 wick is effected only along the United States-Cana10 dian border, not along New Brunswick’s borders

11 with other Canadian provinces; the tax is thus being

12 administered by Canadian authorities in a manner

13 uniquely discriminatory to Canadians shopping in

14 the United States.

15 (4) In February 1994, the United States Trade

16 Representative publicly stated an intention to seek

17 redress from the discriminatory application of the

18 New Brunswick provincial sales tax under the dis19 pute resolution process in chapter 20 of the North

20 American Free Trade Agreement (NAFTA), but the

21 United States Government has still not made such

22 a claim under NAFTA procedures.

23 (5) Initially, the United States Trade Rep24 resentative argued that filing a New Brunswick pro25 vincial sales tax claim was delayed only because the
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1 dispute mechanism under NAFTA had not yet been

2 finalized, but more than a year after such mecha3 nism has been put in place, the claim has still not

4 been put forward by the United States Trade Rep5 resentative.

6 (b) SENSE OF CONGRESS.—It is the sense of the

7 Congress that—

8 (1) the provincial sales tax levied by the Cana9 dian province of New Brunswick on Canadian citi10 zens of that province who purchase goods in the

11 United States—

12 (A) raises questions about a possible viola13 tion of the North American Free Trade Agree14 ment in the discriminatory application of the

15 tax to cross-border trade with the United

16 States; and

17 (B) damages good relations between the

18 United States and Canada; and

19 (2) the United States Trade Representative

20 should move forward without further delay in seek21 ing redress under the dispute resolution process in

22 chapter 20 of the North American Free Trade

23 Agreement for the violation.
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1 SEC. 656. IMPROVEMENTS IN IDENTIFICATION-RELATED

2 DOCUMENTS.

3 (a) BIRTH CERTIFICATES.—

4 (1) STANDARDS FOR ACCEPTANCE BY FEDERAL

5 AGENCIES.—

6 (A) IN GENERAL.—

7 (i) GENERAL RULE.—Subject to

8 clause (ii), a Federal agency may not ac9 cept for any official purpose a certificate of

10 birth, unless the certificate—

11 (I) is a birth certificate (as de12 fined in paragraph (3)); and

13 (II) conforms to the standards

14 set forth in the regulation promul15 gated under subparagraph (B).

16 (ii) APPLICABILITY.—Clause (i) shall

17 apply only to a certificate of birth issued

18 after the day that is 3 years after the date

19 of the promulgation of a final regulation

20 under subparagraph (B). Clause (i) shall

21 not be construed to prevent a Federal

22 agency from accepting for official purposes

23 any certificate of birth issued on or before

24 such day.

25 (B) REGULATION.—
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1 (i) CONSULTATION WITH GOVERN2 MENT AGENCIES.—The President shall se3 lect 1 or more Federal agencies to consult

4 with State vital statistics offices, and with

5 other appropriate Federal agencies des6 ignated by the President, for the purpose

7 of developing appropriate standards for

8 birth certificates that may be accepted for

9 official purposes by Federal agencies, as

10 provided in subparagraph (A).

11 (ii) SELECTION OF LEAD AGENCY.—

12 Of the Federal agencies selected under

13 clause (i), the President shall select 1

14 agency to promulgate, upon the conclusion

15 of the consultation conducted under such

16 clause, a regulation establishing standards

17 of the type described in such clause.

18 (iii) DEADLINE.—The agency selected

19 under clause (ii) shall promulgate a final

20 regulation under such clause not later than

21 the date that is 1 year after the date of the

22 enactment of this Act.

23 (iv) MINIMUM REQUIREMENTS.—The

24 standards established under this subpara25 graph—
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1 (I) at a minimum, shall require

2 certification of the birth certificate by

3 the State or local custodian of record

4 that issued the certificate, and shall

5 require the use of safety paper, the

6 seal of the issuing custodian of record,

7 and other features designed to limit

8 tampering, counterfeiting, and

9 photocopying, or otherwise duplicat10 ing, the birth certificate for fraudu11 lent purposes;

12 (II) may not require a single de13 sign to which birth certificates issued

14 by all States must conform; and

15 (III) shall accommodate the dif16 ferences between the States in the

17 manner and form in which birth

18 records are stored and birth certifi19 cates are produced from such records.

20 (2) GRANTS TO STATES.—

21 (A) ASSISTANCE IN MEETING FEDERAL

22 STANDARDS.—

23 (i) IN GENERAL.—Beginning on the

24 date a final regulation is promulgated

25 under paragraph (1)(B), the Secretary of
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1 Health and Human Services, acting

2 through the Director of the National Cen3 ter for Health Statistics and after consult4 ing with the head of any other agency des5 ignated by the President, shall make

6 grants to States to assist them in issuing

7 birth certificates that conform to the

8 standards set forth in the regulation.

9 (ii) ALLOCATION OF GRANTS.—The

10 Secretary shall provide grants to States

11 under this subparagraph in proportion to

12 the populations of the States applying to

13 receive a grant and in an amount needed

14 to provide a substantial incentive for

15 States to issue birth certificates that con16 form to the standards described in clause

17 (i).

18 (B) ASSISTANCE IN MATCHING BIRTH AND

19 DEATH RECORDS.—

20 (i) IN GENERAL.—The Secretary of

21 Health and Human Services, acting

22 through the Director of the National Cen23 ter for Health Statistics and after consult24 ing with the head of any other agency des25 ignated by the President, shall make
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1 grants to States to assist them in develop2 ing the capability to match birth and death

3 records, within each State and among the

4 States, and to note the fact of death on the

5 birth certificates of deceased persons. In

6 developing the capability described in the

7 preceding sentence, a State that receives a

8 grant under this subparagraph shall focus

9 first on individuals born after 1950.

10 (ii) ALLOCATION AND AMOUNT OF

11 GRANTS.—The Secretary shall provide

12 grants to States under this subparagraph

13 in proportion to the populations of the

14 States applying to receive a grant and in

15 an amount needed to provide a substantial

16 incentive for States to develop the capabil17 ity described in clause (i).

18 (C) DEMONSTRATION PROJECTS.—The

19 Secretary of Health and Human Services, act20 ing through the Director of the National Center

21 for Health Statistics, shall make grants to

22 States for a project in each of 5 States to dem23 onstrate the feasibility of a system under which

24 persons otherwise required to report the death

25 of individuals to a State would be required to
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1 provide to the State’s office of vital statistics

2 sufficient information to establish the fact of

3 death of every individual dying in the State

4 within 24 hours of acquiring the information.

5 (3) BIRTH CERTIFICATE.—As used in this sub6 section, the term ‘‘birth certificate’’ means a certifi7 cate of birth—

8 (A) of—

9 (i) an individual born in the United

10 States; or

11 (ii) an individual born abroad—

12 (I) who is a citizen or national of

13 the United States at birth; and

14 (II) whose birth is registered in

15 the United States; and

16 (B) that—

17 (i) is a copy, issued by a State or local

18 authorized custodian of record, of an origi19 nal certificate of birth issued by such cus20 todian of record; or

21 (ii) was issued by a State or local au22 thorized custodian of record and was pro23 duced from birth records maintained by

24 such custodian of record.
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1 (b) STATE-ISSUED DRIVERS LICENSES AND COM2 PARABLE IDENTIFICATION DOCUMENTS.—

3 (1) STANDARDS FOR ACCEPTANCE BY FEDERAL

4 AGENCIES.—

5 (A) IN GENERAL.—A Federal agency may

6 not accept for any identification-related purpose

7 a driver’s license, or other comparable identi8 fication document, issued by a State, unless the

9 license or document satisfies the following re10 quirements:

11 (i) APPLICATION PROCESS.—The ap12 plication process for the license or docu13 ment shall include the presentation of such

14 evidence of identity as is required by regu15 lations promulgated by the Secretary of

16 Transportation after consultation with the

17 American Association of Motor Vehicle Ad18 ministrators.

19 (ii) SOCIAL SECURITY NUMBER.—Ex20 cept as provided in subparagraph (B), the

21 license or document shall contain a social

22 security account number that can be read

23 visually or by electronic means.

24 (iii) FORM.—The license or document

25 otherwise shall be in a form consistent
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1 with requirements set forth in regulations

2 promulgated by the Secretary of Transpor3 tation after consultation with the American

4 Association of Motor Vehicle Administra5 tors. The form shall contain security fea6 tures designed to limit tampering, counter7 feiting, photocopying, or otherwise dupli8 cating, the license or document for fraudu9 lent purposes and to limit use of the li10 cense or document by impostors.

11 (B) EXCEPTION.—The requirement in sub12 paragraph (A)(ii) shall not apply with respect

13 to a driver’s license or other comparable identi14 fication document issued by a State, if the

15 State—

16 (i) does not require the license or doc17 ument to contain a social security account

18 number; and

19 (ii) requires—

20 (I) every applicant for a driver’s

21 license, or other comparable identi22 fication document, to submit the ap23 plicant’s social security account num24 ber; and
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1 (II) an agency of the State to

2 verify with the Social Security Admin3 istration that such account number is

4 valid.

5 (C) DEADLINE.—The Secretary of Trans6 portation shall promulgate the regulations re7 ferred to in clauses (i) and (iii) of subparagraph

8 (A) not later than 1 year after the date of the

9 enactment of this Act.

10 (2) GRANTS TO STATES.—Beginning on the

11 date final regulations are promulgated under para12 graph (1), the Secretary of Transportation shall

13 make grants to States to assist them in issuing driv14 er’s licenses and other comparable identification doc15 uments that satisfy the requirements under such

16 paragraph.

17 (3) EFFECTIVE DATES.—

18 (A) IN GENERAL.—Except as otherwise

19 provided in this paragraph, this subsection shall

20 take effect on the date of the enactment of this

21 Act.

22 (B) PROHIBITION ON FEDERAL AGEN23 CIES.—Subparagraphs (A) and (B) of para24 graph (1) shall take effect beginning on October

25 1, 2000, but shall apply only to licenses or doc-
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1 uments issued to an individual for the first time

2 and to replacement or renewal licenses or docu3 ments issued according to State law.

4 (c) REPORT.—Not later than 1 year after the date

5 of the enactment of this Act, the Secretary of Health and

6 Human Services shall submit a report to the Congress on

7 ways to reduce the fraudulent obtaining and the fraudu8 lent use of birth certificates, including any such use to

9 obtain a social security account number or a State or Fed10 eral document related to identification or immigration.

11 (d) FEDERAL AGENCY DEFINED.—For purposes of

12 this section, the term ‘‘Federal agency’’ means any of the

13 following:

14 (1) An Executive agency (as defined in section

15 105 of title 5, United States Code).

16 (2) A military department (as defined in section

17 102 of such title).

18 (3) An agency in the legislative branch of the

19 Government of the United States.

20 (4) An agency in the judicial branch of the Gov21 ernment of the United States.

22 SEC. 657. DEVELOPMENT OF PROTOTYPE OF COUNTER23 FEIT-RESISTANT SOCIAL SECURITY CARD.

24 (a) DEVELOPMENT.—
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1 (1) IN GENERAL.—The Commissioner of Social

2 Security (in this section referred to as the ‘‘Commis3 sioner’’) shall, in accordance with the provisions of

4 this section, develop a prototype of a counterfeit-re5 sistant social security card. Such prototype card—

6 (A) shall be made of a durable, tamper-re7 sistant material such as plastic or polyester;

8 (B) shall employ technologies that provide

9 security features, such as magnetic stripes,

10 holograms, and integrated circuits; and

11 (C) shall be developed so as to provide in12 dividuals with reliable proof of citizenship or

13 legal resident alien status.

14 (2) ASSISTANCE BY ATTORNEY GENERAL.—The

15 Attorney General shall provide such information and

16 assistance as the Commissioner deems necessary to

17 achieve the purposes of this section.

18 (b) STUDIES AND REPORTS.—

19 (1) IN GENERAL.—The Comptroller General

20 and the Commissioner of Social Security shall each

21 conduct a study, and issue a report to the Congress,

22 that examines different methods of improving the so23 cial security card application process.

24 (2) ELEMENTS OF STUDIES.—The studies shall

25 include evaluations of the cost and work load impli-
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1 cations of issuing a counterfeit-resistant social secu2 rity card for all individuals over a 3, 5, and 10 year

3 period. The studies shall also evaluate the feasibility

4 and cost implications of imposing a user fee for re5 placement cards and cards issued to individuals who

6 apply for such a card prior to the scheduled 3, 5,

7 and 10 year phase-in options.

8 (3) DISTRIBUTION OF REPORTS.—Copies of the

9 reports described in this subsection, along with fac10 similes of the prototype cards as described in sub11 section (a), shall be submitted to the Committees on

12 Ways and Means and Judiciary of the House of

13 Representatives and the Committees on Finance and

14 Judiciary of the Senate not later than 1 year after

15 the date of the enactment of this Act.

16 SEC. 658. BORDER PATROL MUSEUM.

17 (a) AUTHORITY.—Notwithstanding section 203 of the

18 Federal Property and Administrative Services Act of 1949

19 (40 U.S.C. 484) or any other provision of law, the Attor20 ney General is authorized to transfer and convey to the

21 Border Patrol Museum and Memorial Library Founda22 tion, incorporated in the State of Texas, such equipment,

23 artifacts, and memorabilia held by the Immigration and

24 Naturalization Service as the Attorney General may deter-
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1 mine is necessary to further the purposes of the Museum

2 and Foundation.

3 (b) TECHNICAL ASSISTANCE.—The Attorney General

4 is authorized to provide technical assistance, through the

5 detail of personnel of the Immigration and Naturalization

6 Service, to the Border Patrol Museum and Memorial Li7 brary Foundation for the purpose of demonstrating the

8 use of the items transferred under subsection (a).

9 SEC. 659. SENSE OF THE CONGRESS REGARDING THE MIS10 SION OF THE IMMIGRATION AND NATU11 RALIZATION SERVICE.

12 It is the sense of the Congress that the mission state13 ment of the Immigration and Naturalization Service

14 should include a statement that it is the responsibility of

15 the Service to detect, apprehend, and remove those aliens

16 unlawfully present in the United States, particularly those

17 aliens involved in drug trafficking or other criminal activ18 ity.

19 SEC. 660. AUTHORITY FOR NATIONAL GUARD TO ASSIST IN

20 TRANSPORTATION OF CERTAIN ALIENS.

21 Section 112(d)(1) of title 32, United States Code, is

22 amended by adding at the end the following new sentence:

23 ‘‘The plan as approved by the Secretary may provide for

24 the use of personnel and equipment of the National Guard

25 of that State to assist the Immigration and Naturalization
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1 Service in the transportation of aliens who have violated

2 a Federal or State law prohibiting or regulating the pos3 session, use, or distribution of a controlled substance.’’.

4 Subtitle E—Technical Corrections

5 SEC. 671. MISCELLANEOUS TECHNICAL CORRECTIONS.

6 (a) AMENDMENTS RELATING TO PUBLIC LAW 103–

7 322 (VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

8 ACT OF 1994).—

9 (1) Section 60024(1)(F) of the Violent Crime

10 Control and Law Enforcement Act of 1994 (Public

11 Law 103–322) (in this subsection referred to as

12 ‘‘VCCLEA’’) is amended by inserting ‘‘United

13 States Code,’’ after ‘‘title 18,’’.

14 (2) Section 130003(b)(3) of VCCLEA is

15 amended by striking ‘‘Naturalization’’ and inserting

16 ‘‘Nationality’’.

17 (3)(A) Section 214 (8 U.S.C. 1184) is amended

18 by redesignating the subsection (j), added by section

19 130003(b)(2) of VCCLEA (108 Stat. 2025), and the

20 subsection (k), as amended by section 622(c) of this

21 division, as subsections (k) and (l), respectively.

22 (B) Section 101(a)(15)(S) (8 U.S.C.

23 1101(a)(15)(S)) is amended by striking ‘‘214(j)’’

24 and inserting ‘‘214(k)’’.
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1 (4)(A) Section 245 (8 U.S.C. 1255) is amended

2 by redesignating the subsection (i) added by section

3 130003(c)(1) of VCCLEA as subsection (j).

4 (B) Section 241(a)(2)(A)(i)(I) (8 U.S.C.

5 1251(a)(2)(A)(i)(I)), as amended by section

6 130003(d) of VCCLEA and before redesignation by

7 section 305(a)(2) of this division, is amended by

8 striking ‘‘245(i)’’ and inserting ‘‘245(j)’’.

9 (5) Section 245(j)(3), as added by section

10 130003(c)(1) of VCCLEA and as redesignated by

11 paragraph (4)(A), is amended by striking ‘‘para12 graphs (1) or (2)’’ and inserting ‘‘paragraph (1) or

13 (2)’’.

14 (6) Section 130007(a) of VCCLEA is amended

15 by striking ‘‘242A(d)’’ and inserting ‘‘242A(a)(3)’’.

16 (7) The amendments made by this subsection

17 shall be effective as if included in the enactment of

18 the VCCLEA.

19 (b) AMENDMENTS RELATING TO IMMIGRATION AND

20 NATIONALITY TECHNICAL CORRECTIONS ACT OF 1994.—

21 (1) Section 101(d) of the Immigration and Na22 tionality Technical Corrections Act of 1994 (Public

23 Law 103–416) (in this subsection referred to as

24 ‘‘INTCA’’) is amended—
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1 (A) by striking ‘‘APPLICATION’’ and all

2 that follows through ‘‘This’’ and inserting ‘‘AP3 PLICABILITY OF TRANSMISSION REQUIRE4 MENTS.—This’’;

5 (B) by striking ‘‘any residency or other re6 tention requirements for’’ and inserting ‘‘the

7 application of any provision of law relating to

8 residence or physical presence in the United

9 States for purposes of transmitting United

10 States’’; and

11 (C) by striking ‘‘as in effect’’ and all that

12 follows through the end and inserting ‘‘to any

13 person whose claim is based on the amendment

14 made by subsection (a) or through whom such

15 a claim is derived.’’.

16 (2) Section 102 of INTCA is amended by add17 ing at the end the following:

18 ‘‘(e) TRANSITION.—In applying the amendment made

19 by subsection (a) to children born before November 14,

20 1986, any reference in the matter inserted by such amend21 ment to ‘five years, at least two of which’ is deemed a

22 reference to ‘10 years, at least 5 of which’.’’.

23 (3) Section 351(a) (8 U.S.C. 1483(a)), as

24 amended by section 105(a)(2)(A) of INTCA, is

25 amended by striking the comma after ‘‘nationality’’.
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1 (4) Section 207(2) of INTCA is amended by in2 serting a comma after ‘‘specified’’.

3 (5) Section 101(a)(43) (8 U.S.C. 1101(a)(43))

4 is amended in subparagraph (K)(ii), by striking the

5 comma after ‘‘1588’’.

6 (6) Section 273(b) (8 U.S.C. 1323(b)), as

7 amended by section 209(a) of INTCA, is amended

8 by striking ‘‘remain’’ and inserting ‘‘remains’’.

9 (7) Section 209(a)(1) of INTCA is amended by

10 striking ‘‘$3000’’ and inserting ‘‘$3,000’’.

11 (8) Section 209(b) of INTCA is amended by

12 striking ‘‘subsection’’ and inserting ‘‘section’’.

13 (9) Section 219(cc) of INTCA is amended by

14 striking ‘‘ ‘year 1993 the first place it appears’ ’’

15 and inserting ‘‘ ‘year 1993’ the first place it ap16 pears’’.

17 (10) Section 219(ee) of INTCA is amended by

18 adding at the end the following:

19 ‘‘(3) The amendments made by this subsection shall

20 take effect on the date of the enactment of this Act.’’.

21 (11) Paragraphs (4) and (6) of section 286(r)

22 (8 U.S.C. 1356(r)) are amended by inserting ‘‘the’’

23 before ‘‘Fund’’ each place it appears.

24 (12) Section 221 of INTCA is amended—
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1 (A) by striking each semicolon and insert2 ing a comma,

3 (B) by striking ‘‘disasters.’’ and inserting

4 ‘‘disasters,’’; and

5 (C) by striking ‘‘The official’’ and inserting

6 ‘‘the official’’.

7 (13) Section 242A (8 U.S.C. 1252a), as added

8 by section 224(a) of INTCA and before redesigna9 tion as section 238 by section 308(b)(5) of this divi10 sion, is amended by redesignating subsection (d) as

11 subsection (c).

12 (14) Except as otherwise provided in this sub13 section, the amendments made by this subsection

14 shall take effect as if included in the enactment of

15 INTCA.

16 (c) AMENDMENTS RELATING TO PUBLIC LAW 104–

17 132 (ANTITERRORISM AND EFFECTIVE DEATH PENALTY

18 ACT OF 1996).—

19 (1) Section 219 (8 U.S.C. 1189), as added by

20 section 302(a) of Antiterrorism and Effective Death

21 Penalty Act of 1996 (Public Law 104–132) (in this

22 subsection referred to as ‘‘AEDPA’’), is amended by

23 striking the heading and all that follows through

24 ‘‘(a)’’ and inserting the following:

25 ‘‘DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS

26 ‘‘SEC. 219. (a)’’.
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1 (2) Section 302(b) of AEDPA is amended by

2 striking ‘‘, relating to terrorism,’’.

3 (3) Section 106(a) (8 U.S.C. 1105a(a)), as

4 amended by sections 401(e) and 440(a) of AEDPA,

5 is amended—

6 (A) by striking ‘‘and’’ at the end of para7 graph (8);

8 (B) by striking the period at the end of

9 paragraph (9) and inserting ‘‘; and’’; and

10 (C) in paragraph (10), by striking ‘‘Any’’

11 and inserting ‘‘any’’.

12 (4) Section 440(a) of the AEDPA is amended

13 by striking ‘‘Section 106 of the Immigration and

14 Nationality Act (8 U.S.C. 1105a(a)(10)) is amended

15 to read as follows:’’ and inserting ‘‘Section 106(a) of

16 the Immigration and Nationality Act (8 U.S.C.

17 1105a(a)) is amended by adding at the end the fol18 lowing:’’.

19 (5) Section 440(g)(1)(A) of AEDPA is amend20 ed—

21 (A) by striking ‘‘of this title’’; and

22 (B) by striking the period after

23 ‘‘241(a)(2)(A)(i)’’.

24 (6) Section 440(g) of AEDPA is amended by

25 striking paragraph (2).
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1 (7) The amendments made by this subsection

2 shall take effect as if included in the enactment of

3 subtitle A of title IV of AEPDA.

4 (d) STRIKING REFERENCES TO SECTION 210A.—

5 (1)(A) Section 201(b)(1)(C) (8 U.S.C.

6 1151(b)(1)(C)) is amended by striking ‘‘, 210A,’’.

7 (B) Section 274B(a)(3)(B) (8 U.S.C.

8 1324b(a)(3)(B)) is amended by striking ‘‘,

9 210A(a),’’.

10 (C) Section 241(a)(1) (8 U.S.C. 1251(a)(1)),

11 before redesignation by section 305(a)(2) of this di12 vision, is amended by striking subparagraph (F).

13 (2) Sections 204(c)(1)(D)(i) and 204(j)(4) of

14 Immigration Reform and Control Act of 1986 are

15 each amended by striking ‘‘, 210A,’’.

16 (e) MISCELLANEOUS CHANGES IN THE IMMIGRATION

17 AND NATIONALITY ACT.—

18 (1) Before being amended by section 308(a)(2)

19 of this division, the item in the table of contents re20 lating to section 242A is amended to read as follows:

‘‘Sec. 242A. Expedited deportation of aliens convicted of committing aggravated felonies.’’.

21 (2) Section 101(c)(1) (8 U.S.C. 1101(c)(1)) is

22 amended by striking ‘‘, 321, and 322’’ and inserting

23 ‘‘and 321’’.
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1 (3) Section 212(d)(11) (8 U.S.C. 1182(d)(11))

2 is amended by inserting a comma after ‘‘(4) there3 of)’’.

4 (4) Pursuant to section 6(b) of Public Law

5 103–272 (108 Stat. 1378)—

6 (A) section 214(f)(1) (8 U.S.C.

7 1184(f)(1)) is amended by striking ‘‘section

8 101(3) of the Federal Aviation Act of 1958’’

9 and inserting ‘‘section 40102(a)(2) of title 49,

10 United States Code’’; and

11 (B) section 258(b)(2) (8 U.S.C.

12 1288(b)(2)) is amended by striking ‘‘section

13 105 or 106 of the Hazardous Materials Trans14 portation Act (49 U.S.C. App. 1804, 1805)’’

15 and inserting ‘‘section 5103(b), 5104, 5106,

16 5107, or 5110 of title 49, United States Code’’.

17 (5) Section 286(h)(1)(A) (8 U.S.C.

18 1356(h)(1)(A)) is amended by inserting a period

19 after ‘‘expended’’.

20 (6) Section 286(h)(2)(A) (8 U.S.C.

21 1356(h)(2)(A)) is amended—

22 (A) by striking ‘‘and’’ at the end of clause

23 (iv);

24 (B) by moving clauses (v) and (vi) 2 ems

25 to the left;
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1 (C) by striking ‘‘; and’’ in clauses (v) and

2 (vi) and inserting ‘‘and for’’;

3 (D) by striking the colons in clauses (v)

4 and (vi); and

5 (E) by striking the period at the end of

6 clause (v) and inserting ‘‘; and’’.

7 (7) Section 412(b) (8 U.S.C. 1522(b)) is

8 amended by striking the comma after ‘‘is author9 ized’’ in paragraph (3) and after ‘‘The Secretary’’ in

10 paragraph (4).

11 (f) MISCELLANEOUS CHANGE IN THE IMMIGRATION

12 ACT OF 1990.—Section 161(c)(3) of the Immigration Act

13 of 1990 is amended by striking ‘‘an an’’ and inserting ‘‘of

14 an’’.

15 (g) MISCELLANEOUS CHANGES IN OTHER ACTS.—

16 (1) Section 506(a) of the Intelligence Author17 ization Act, Fiscal Year 1990 (Public Law 101–193)

18 is amended by striking ‘‘this section’’ and inserting

19 ‘‘such section’’.

20 (2) Section 140 of the Foreign Relations Au21 thorization Act, Fiscal Years 1994 and 1995, as

22 amended by section 505(2) of Public Law 103–317,

23 is amended—

24 (A) by moving the indentation of sub25 sections (f) and (g) 2 ems to the left; and
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1 (B) in subsection (g), by striking ‘‘(g)’’

2 and all that follows through ‘‘shall’’ and insert3 ing ‘‘(g) Subsections (d) and (e) shall’’.

4 DIVISION D—SMALL BUSINESS

5 PROGRAMS IMPROVEMENT ACT

6 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

7 (a) SHORT TITLE.—This division may be cited as

8 the ‘‘Small Business Programs Improvement Act of

9 1996’’.

10 (b) TABLE OF CONTENTS.—

Sec. 1. Short title; table of contents.

Sec. 2. Administrator defined.

Sec. 3. Effective date.

TITLE I—AMENDMENTS TO SMALL BUSINESS ACT

Sec. 101. References.

Sec. 102. Risk management database.

Sec. 103. Section 7(a) loan program.

Sec. 104. Disaster loans.

Sec. 105. Microloan demonstration program.

Sec. 106. Small business development center program.

Sec. 107. Miscellaneous authorities to provide loans and other financial assistance.

Sec. 108. Small business competitiveness demonstration program.

Sec. 109. Amendment to Small Business Guaranteed Credit Enhancement Act

of 1993.

Sec. 110. STTR program extension.

Sec. 111. Level of participation for export working capital loans.

TITLE II—AMENDMENTS TO SMALL BUSINESS INVESTMENT ACT

Sec. 201. References.

Sec. 202. Modifications to development company debenture program.

Sec. 203. Required actions upon default.

Sec. 204. Loan liquidation pilot program.

Sec. 205. Registration of certificates.

Sec. 206. Preferred surety bond guarantee program.

Sec. 207. Sense of the Congress.

Sec. 208. Small business investment company improvements.
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1 SEC. 2. ADMINISTRATOR DEFINED.

2 For purposes of this Act, the term ‘‘Adminis3 trator’’ means the Administrator of the Small Business

4 Administration.

5 SEC. 3. EFFECTIVE DATE.

6 Except as otherwise expressly provided, this Act

7 and the amendments made by this Act shall take effect

8 on October 1, 1996.

9 TITLE I—AMENDMENTS TO

10 SMALL BUSINESS ACT

11 SEC. 101. REFERENCES.

12 Except as otherwise expressly provided, whenever

13 in this title an amendment or repeal is expressed in

14 terms of an amendment to, or repeal of, a section or

15 other provision, the reference shall be considered to be

16 made to a section or other provision of the Small Busi17 ness Act (15 U.S.C. 631 et seq.).

18 SEC. 102. RISK MANAGEMENT DATABASE.

19 Section 4(b) (15 U.S.C. 633) is amended by in20 serting after paragraph (2) the following:

21 ‘‘(3) RISK MANAGEMENT DATABASE.—

22 ‘‘(A) ESTABLISHMENT.—The Administra23 tion shall establish, within the management sys24 tem for the loan programs authorized by sub25 sections (a) and (b) of section 7 of this Act and

26 title V of the Small Business Investment Act of
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1 1958, a management information system that

2 will generate a database capable of providing

3 timely and accurate information in order to

4 identify loan underwriting, collections, recovery,

5 and liquidation problems.

6 ‘‘(B) INFORMATION TO BE MAINTAINED.—

7 In addition to such other information as the

8 Administration considers appropriate, the

9 database established under subparagraph (A)

10 shall, with respect to each loan program de11 scribed in subparagraph (A), include informa12 tion relating to—

13 ‘‘(i) the identity of the institution

14 making the guaranteed loan or issuing the

15 debenture;

16 ‘‘(ii) the identity of the borrower;

17 ‘‘(iii) the total dollar amount of the

18 loan or debenture;

19 ‘‘(iv) the total dollar amount of gov20 ernment exposure in each loan;

21 ‘‘(v) the district of the Administration

22 in which the borrower has its principal of23 fice;

24 ‘‘(vi) the principal line of business of

25 the borrower, as identified by Standard In-
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1 dustrial Classification Code (or any succes2 sor to that system);

3 ‘‘(vii) the delinquency rate for each

4 program (including number of instances

5 and days overdue);

6 ‘‘(viii) the number and amount of re7 purchases, losses, and recoveries in each

8 program;

9 ‘‘(ix) the number of deferrals or

10 forbearances in each program (including

11 days and number of instances);

12 ‘‘(x) comparisons on the basis of loan

13 program, lender, Administration district

14 and region, for all the data elements main15 tained; and

16 ‘‘(xi) underwriting characteristics of

17 each loan that has entered into default, in18 cluding term, amount and type of collat19 eral, loan-to-value and other actual and

20 projected ratios, line of business, credit

21 history, and type of loan.

22 ‘‘(C) DEADLINE FOR OPERATIONAL CAPA23 BILITY.—The database established under sub24 paragraph (A) shall—
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1 ‘‘(i) be operational not later than

2 June 30, 1997; and

3 ‘‘(ii) capture data beginning on the

4 first day of the second quarter of fiscal

5 year 1997 beginning after such date and

6 thereafter.’’.

7 SEC. 103. SECTION 7(A) LOAN PROGRAM.

8 (a) SERVICING AND LIQUIDATION OF LOANS BY

9 PREFERRED LENDERS.—Section 7(a)(2)(C)(ii)(II) (15

10 U.S.C. 636(a)(2)(C)(ii)(II)) is amended to read as fol11 lows:

12 ‘‘(II) complete authority to serv13 ice and liquidate such loans without

14 obtaining the prior specific approval

15 of the Administration for routine serv16 icing and liquidation activities, but

17 shall not take any actions creating an

18 actual or apparent conflict of inter19 est.’’.

20 (b) CERTIFIED LENDERS PROGRAM.—Section

21 7(a)(19) (15 U.S.C. 636(a)(19)) is amended by adding at

22 the end the following new subparagraph:

23 ‘‘(C) Authority to liquidate loans.—

24 ‘‘(i) IN GENERAL.—The Administrator

25 may permit lenders participating in the
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1 Certified Lenders Program to liquidate

2 loans made with a guarantee from the Ad3 ministration pursuant to a liquidation plan

4 approved by the Administrator.

5 ‘‘(ii) Automatic approval.—If the Ad6 ministrator does not approve or deny a re7 quest for approval of a liquidation plan

8 within 10 business days of the date on

9 which the request is made (or with respect

10 to any routine liquidation activity under

11 such a plan, within 5 business days) such

12 request shall be deemed to be approved.’’.

13 (c) LIMITATION ON CONDUCTING PILOT

14 PROJECTS.—Section 7(a) (15 U.S.C. 636(a)) is amended

15 by adding at the end the following new paragraph:

16 ‘‘(25) LIMITATION ON CONDUCTING PILOT

17 PROJECTS.—

18 ‘‘(A) IN GENERAL.—Not more than 10

19 percent of the total number of loans guaranteed

20 in any fiscal year under this subsection may be

21 awarded as part of a pilot program which is

22 commenced by the Administrator on or after

23 October 1, 1996.

24 ‘‘(B) PILOT PROGRAM DEFINED.—In this

25 paragraph, the term ‘pilot program’ means any
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1 lending program initiative, project, innovation,

2 or other activity not specifically authorized by

3 law.

4 ‘‘(C) LOW DOCUMENTATION LOAN PRO5 GRAM.—The Administrator may carry out the

6 low documentation loan program for loans of

7 $100,000 or less only through lenders with sig8 nificant experience in making small business

9 loans. Not later than 90 days after the date of

10 enactment of this subsection, the Administrator

11 shall promulgate regulations defining the expe12 rience necessary for participation as a lender in

13 the low documentation loan program.’’.

14 (d) CALCULATION OF SUBSIDY RATE.—Section

15 7(a) (15 U.S.C. 636(a)) is amended by adding at the end

16 the following new paragraph:

17 ‘‘(26) CALCULATION OF SUBSIDY RATE.—All

18 fees, interest, and profits received and retained by

19 the Administration under this subsection shall be in20 cluded in the calculations made by the Director of

21 the Office of Management and Budget to offset the

22 cost (as that term is defined in section 502 of the

23 Federal Credit Reform Act of 1990) to the Adminis24 tration of purchasing and guaranteeing loans under

25 this Act.’’.
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1 (e) SALE OF UNGUARANTEED PORTIONS OF SBA

2 LOANS.—Section 5(f)(3) (15 U.S.C. 634(f)(3)) is amend3 ed by adding at the end the following: ‘‘Beginning on

4 March 31, 1997, the sale of the unguaranteed portion of

5 any loan made under section 7(a) shall not be permitted

6 until a final regulation that applies uniformly to both de7 pository institutions and other lenders is promulgated by

8 the Administration setting forth the terms and conditions

9 under which such sales can be permitted, including main10 tenance of appropriate reserve requirements and other

11 safeguards to protect the safety and soundness of the

12 program.’’.

13 (f) CONDITIONS ON PURCHASE OF LOANS.—Sec14 tion 7(a)(4) (15 U.S.C. 636(a)(4)) is amended—

15 (1) by striking ‘‘(4) Notwithstanding’’ and in16 serting the following:

17 ‘‘(4) INTEREST RATES AND FEES.—

18 ‘‘(A) INTEREST RATES.—Notwithstand19 ing’’; and

20 (2) by adding at the end the following new sub21 paragraph:

22 ‘‘(B) PAYMENT OF ACCRUED INTEREST.—

23 ‘‘(i) IN GENERAL.—Any bank or other

24 lending institution making a claim for pay25 ment on the guaranteed portion of a loan
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1 made under this subsection shall be paid

2 the accrued interest due on the loan from

3 the earliest date of default to the date of

4 payment of the claim at a rate not to ex5 ceed the rate of interest on the loan on the

6 date of default, minus one percent.

7 ‘‘(ii) LOANS SOLD ON SECONDARY

8 MARKET.—If a loan described in clause (i)

9 is sold on the secondary market, the

10 amount of interest paid to a bank or other

11 lending institution described in that clause

12 from the earliest date of default to the

13 date of payment of the claim shall be no

14 more than the agreed upon rate, minus one

15 percent.’’.

16 (g) PLAN FOR TRANSFER OF LOAN SERVICING

17 FUNCTIONS TO CENTRALIZED CENTERS.—

18 (1) IMPLEMENTATION PLAN REQUIRED.—The

19 Administrator shall submit a detailed plan for com20 pleting the consolidation, in one or more centralized

21 centers, of the performance of the various functions

22 relating to the servicing of loans directly made or

23 guaranteed by the Administration pursuant to the

24 Small Business Act, addressing the matters de-
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1 scribed in paragraph (2) by the deadline specified in

2 paragraph (3).

3 (2) CONTENTS OF PLAN.—In addition to such

4 other matters as the Administrator may deem ap5 propriate, the plan required by paragraph (1) shall

6 include—

7 (A) the proposed number and location of

8 such centralized loan servicing centers;

9 (B) the proposed workload (identified by

10 type and numbers of loans and their geographic

11 origin by the Small Business Administration

12 district office) and staffing of each such center;

13 (C) a detailed, time-phased plan for the

14 transfer of the identified loan servicing func15 tions to each proposed center; and

16 (D) any identified impediments to the

17 timely execution of the proposed plan (including

18 adequacy of available financial resources, avail19 ability of needed personnel, facilities, and relat20 ed equipment) and the recommendations of the

21 Administrator for addressing such impediments.

22 (3) DEADLINE FOR SUBMISSION.—Not later

23 than February 28, 1997, the plan required by para24 graph (1) shall be submitted to the Committees on
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1 Small Business of the House of Representatives and

2 Senate.

3 (h) PREFERRED LENDER STANDARD REVIEW

4 PROGRAM.—Not later than 90 days after the date of en5 actment of this Act, the Administrator shall commence a

6 standard review program for the Preferred Lender Pro7 gram established by section 5(b)(7) of the Small Busi8 ness Act (15 U.S.C. 634(b)(7)), which shall include an9 nual or more frequent assessments of the participation of

10 the lender in the program, including defaults, loans, and

11 recoveries of loans made by that lender under the author12 ity of this section. The Administrator shall require such

13 standard review for each new entrant to the Preferred

14 Lender Program.

15 (i) INDEPENDENT STUDY OF LOAN PROGRAMS.—

16 (1) STUDY REQUIRED.—The Administrator

17 shall contract with one or more private sector parties

18 to conduct a comprehensive assessment of the per19 formance of the loan programs authorized by section

20 7(a) of the Small Business Act (15 U.S.C. 636(a))

21 and title V of the Small Business Investment Act of

22 1958 (15 U.S.C. 661) addressing the matters de23 scribed in paragraph (2) and resulting in a report to

24 the Congress pursuant to paragraph (5).
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1 (2) MATTERS TO BE ASSESSED.—In addition to

2 such other matters as the Administrator considers

3 appropriate, the assessment required by paragraph

4 (1) shall address, with respect to each loan program

5 described in paragraph (1) for each of the fiscal

6 years described in paragraph (3)—

7 (A) the number and frequency of deferrals

8 and defaults;

9 (B) default rates;

10 (C) comparative loss rate, by—

11 (i) type of lender (separately address12 ing preferred lenders, certified lenders, and

13 general participation lenders);

14 (ii) term of the loan;

15 (iii) dollar value of the loan at dis16 bursement; and

17 (iv) underwriting characteristics of

18 each loan that has entered into default, in19 cluding term, amount and type of collat20 eral, loan-to-value and other actual and

21 projected ratios, line of business, credit

22 history, and type of loan; and

23 (D) the economic models used by the Of24 fice of Management and Budget to calculate the
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1 credit subsidy rate applicable to the loan pro2 grams.

3 (3) PERIOD OF ASSESSMENT.—The assessments

4 undertaken pursuant to paragraph (2) shall address

5 data for the period beginning with fiscal year 1986

6 of each loan program described in paragraph (1).

7 (4) ACCESS TO INFORMATION.—The Adminis8 trator shall provide to the contractor access to any

9 information collected by or available to the Adminis10 tration with regard to the loan programs being as11 sessed. The contactor shall preserve the confidential12 ity of any information for which confidentiality is

13 protected by law or properly asserted by the person

14 submitting such information.

15 (5) CONTRACT FUNDING.—The Administrator

16 shall fund the cost of the contract from the amounts

17 appropriated for the salaries and expenses of the

18 Administration for fiscal year 1997.

19 (6) REPORT TO THE CONGRESS.—

20 (A) CONTENTS.—The contractor shall pre21 pare a report of—

22 (i) its analyses of the matters to be

23 assessed pursuant to paragraph (2); and
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1 (ii) its independent recommendations

2 for improving program performance with

3 respect to each loan program, regarding—

4 (I) improving the timely collec5 tion and subsequent management by

6 the Administration of data to measure

7 the performance of each loan program

8 described in paragraph (1); and

9 (II) reducing loss rates for and

10 improving the performance of each

11 such loan program.

12 (B) SUBMISSION TO THE CONGRESS.—Not

13 later than June 30, 1997, the Administrator

14 shall submit the report prepared under sub15 paragraph (A) to the Committees on Small

16 Business of the House of Representatives and

17 the Senate. The Administrator shall append his

18 comments, and those of the Office of Manage19 ment and Budget, if any, to the report.

20 SEC. 104. DISASTER LOANS.

21 (a) PRIVATE SECTOR LOAN SERVICING DEM22 ONSTRATION PROGRAM.—

23 (1) IN GENERAL.—

24 (A) DEMONSTRATION PROGRAM RE25 QUIRED.—Notwithstanding any other provision
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1 of law, the Administration shall conduct a dem2 onstration program, within the parameters de3 scribed in paragraph (2), to evaluate the com4 parative costs and benefits of having the Ad5 ministration’s portfolio of disaster loans serv6 iced under contract rather than directly by em7 ployees of the Administration. All costs of the

8 demonstration program shall be paid from

9 amounts made available for the Salaries and

10 Expenses Account of the Administration.

11 (B) INITIATION DATE.—Not later than 90

12 days after the date of enactment of this Act,

13 the Administration shall issue a request for pro14 posals for the program parameters described in

15 paragraph (2).

16 (2) DEMONSTRATION PROGRAM PARAM17 ETERS.—

18 (A) LOAN SAMPLE.—The sample of loans

19 for the demonstration program shall be ran20 domly drawn from the Administration’s port21 folio of loans made pursuant to section 7(b) of

22 the Small Business Act and shall include a rep23 resentative group of not less than 30 percent of

24 all loans for residential properties, including 30

25 percent of all loans made during the demonstra-
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1 tion program after the date of enactment of

2 this Act, which loans shall be selected by the

3 Administration on the basis of geographic dis4 tribution and such other factors as the Admin5 istration determines to be appropriate.

6 (B) CONTRACT AND OPTIONS.—The Ad7 ministration shall solicit and competitively

8 award one or more contracts to service the

9 loans included in the sample of loans described

10 in subparagraph (A) for a term of not less than

11 one year, with 3 one-year contract renewal op12 tions, each of which shall be exercised by the

13 Administration unless the Administration termi14 nates the contractor or contractors for good

15 cause.

16 (3) TERM OF DEMONSTRATION PROGRAM.—The

17 demonstration program shall commence not later

18 than October 1, 1997.

19 (4) REPORTS.—

20 (A) INTERIM REPORTS.—Not later than

21 120 days before the expiration of the initial 4-

22 year contract performance period, the Adminis23 trator shall submit to the Committees on Small

24 Business of the House of Representatives and

25 the Senate an interim report on the conduct of
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1 the demonstration program. The contractor

2 shall be afforded a reasonable opportunity to

3 attach comments to each such report.

4 (B) FINAL REPORT.—Not later than 120

5 days after the termination of the demonstration

6 program, the Administrator shall submit to the

7 Committees on Small Business of the House of

8 Representatives and the Senate a final report

9 on the performance of the demonstration pro10 gram, together with the recommendations of the

11 Administrator for continuation, termination, or

12 modification of the demonstration program.

13 (b) DEFINITION OF DISASTER.—

14 (1) IN GENERAL.—Section 3(k) (15 U.S.C.

15 632(k)) is amended by inserting ‘‘commercial fishery

16 failures or fishery resource disasters (as determined

17 by the Secretary of Commerce under section 308(b)

18 of the Interjurisdictional Fisheries Act of 1986),’’

19 after ‘‘tidal waves,’’.

20 (2) EFFECTIVE DATE.—The amendment made

21 by paragraph (1) shall be effective with respect to

22 any disaster occurring on or after March 1, 1994.

23 SEC. 105. MICROLOAN DEMONSTRATION PROGRAM.

24 Section 7(m)(7)(B) (15 U.S.C. 636(m)(4)) is

25 amended by adding at the end the following: ‘‘If, how-
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1 ever, at the beginning of the fourth quarter of a fiscal

2 year the Administration determines that a portion of ap3 propriated microloan funds are unlikely to be awarded

4 during that year, the Administration may make addi5 tional funds available to a State in excess of 125 percent

6 of the pro rata share of that State.’’.

7 SEC. 106. SMALL BUSINESS DEVELOPMENT CENTER PRO8 GRAM.

9 (a) ASSOCIATE ADMINISTRATOR FOR SMALL

10 BUSINESS DEVELOPMENT CENTERS.—

11 (1) DUTIES.—Section 21(h) (15 U.S.C. 648(h))

12 is amended to read as follows:

13 ‘‘(h) ASSOCIATE ADMINISTRATOR FOR SMALL

14 BUSINESS DEVELOPMENT CENTERS.—

15 ‘‘(1) APPOINTMENT AND COMPENSATION.—The

16 Administrator shall appoint an Associate Adminis17 trator for Small Business Development Centers who

18 shall report to an official who is not more than one

19 level below the Office of the Administrator and who

20 shall serve without regard to the provisions of title

21 5, governing appointments in the competitive service,

22 and without regard to chapter 51, and subchapter

23 III of chapter 53 of such title relating to classifica24 tion and General Schedule pay rates, but at a rate
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1 not less than the rate of GS–17 of the General

2 Schedule.

3 ‘‘(2) DUTIES.—

4 ‘‘(A) IN GENERAL.—The sole responsibility

5 of the Associate Administrator for Small Busi6 ness Development Centers shall be to admin7 ister the small business development center pro8 gram. Duties of the position shall include rec9 ommending the annual program budget, review10 ing the annual budgets submitted by each appli11 cant, establishing appropriate funding levels

12 therefore, selecting applicants to participate in

13 this program, implementing the provisions of

14 this section, maintaining a clearinghouse to pro15 vide for the dissemination and exchange of in16 formation between small business development

17 centers and conducting audits of recipients of

18 grants under this section.

19 ‘‘(B) CONSULTATION REQUIREMENTS.—In

20 carrying out the duties described in this sub21 section, the Associate Administrator shall con22 fer with and seek the advice of the Board estab23 lished by subsection (i) and Administration offi24 cials in areas served by the small business de25 velopment centers; however, the Associate Ad-
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1 ministrator shall be responsible for the manage2 ment and administration of the program and

3 shall not be subject to the approval or concur4 rence of such Administration officials.’’.

5 (2) REFERENCES TO ASSOCIATE ADMINIS6 TRATOR.—Section 21 (15 U.S.C. 648) is amended—

7 (A) in subsection (c)(7), by striking ‘‘Dep8 uty Associate Administrator of the Small Busi9 ness Development Center program’’ and insert10 ing ‘‘Associate Administrator for Small Busi11 ness Development Centers’’; and

12 (B) in subsection (i)(2), by striking ‘‘Dep13 uty Associate Administrator for Management

14 Assistance’’ and inserting ‘‘Associate Adminis15 trator for Small Business Development Cen16 ters’’.

17 (b) EXTENSION OR RENEWAL OF COOPERATIVE

18 AGREEMENTS.—Section 21(k)(3) (15 U.S.C. 648(k)(3))

19 is amended to read as follows:

20 ‘‘(3) EXTENSION OR RENEWAL OF COOPERA21 TIVE AGREEMENTS.—

22 ‘‘(A) IN GENERAL.—In extending or re23 newing a cooperative agreement of a small busi24 ness development center, the Administration

25 shall consider the results of the examination
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1 and certification program conducted pursuant

2 to paragraphs (1) and (2).

3 ‘‘(B) CERTIFICATION REQUIREMENT.—

4 After September 30, 2000, the Administration

5 may not renew or extend any cooperative agree6 ment with a small business development center

7 unless the center has been approved under the

8 certification program conducted pursuant to

9 this subsection, except that the Associate Ad10 ministrator for Small Business Development

11 Centers may waive such certification require12 ment, in the discretion of the Associate Admin13 istrator, upon a showing that the center is mak14 ing a good faith effort to obtain certification.’’.

15 (c) TECHNICAL CORRECTION.—Section 21(l) (15

16 U.S.C. 648(l)) is amended to read as follows:

17 ‘‘(l) CONTRACT AUTHORITY.—The authority to

18 enter into contracts shall be in effect for each fiscal year

19 only to the extent and in the amounts as are provided in

20 advance in appropriations Acts. After the administration

21 has entered a contract, either as a grant or a cooperative

22 agreement, with any applicant under this section, it shall

23 not suspend, terminate, or fail to renew or extend any

24 such contract unless the Administration provides the ap25 plicant with written notification setting forth the reasons
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1 therefore and affording the applicant an opportunity for

2 a hearing, appeal, or other administrative proceeding

3 under the provisions of chapter 5 of title 5, United States

4 Code.’’.

5 SEC. 107. MISCELLANEOUS AUTHORITIES TO PROVIDE

6 LOANS AND OTHER FINANCIAL ASSISTANCE.

7 (a) FUNDING LIMITATION; SEMINARS.—Section

8 7(d) (15 U.S.C. 636(d)) is amended—

9 (1) by striking ‘‘(d)(1)’’ and inserting ‘‘(d)’’;

10 and

11 (2) by striking paragraph (2).

12 (b) TRADE ADJUSTMENT LOANS.—Section 7(e)

13 (15 U.S.C. 636(e)) is amended to read as follows:

14 ‘‘(e) [RESERVED].’’.

15 (c) WAIVER OF CREDIT ELSEWHERE TEST FOR

16 COLLEGES AND UNIVERSITIES.—Section 7(f) (15 U.S.C.

17 636(f)) is amended to read as follows:

18 ‘‘(f) [RESERVED].’’.

19 (d) LOANS TO SMALL BUSINESS CONCERNS FOR

20 SOLAR ENERGY AND ENERGY CONSERVATION MEAS21 URES.—Section 7(l) (15 U.S.C. 636(l)) is amended to

22 read as follows:

23 ‘‘(l) [RESERVED].’’.
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1 SEC. 108. SMALL BUSINESS COMPETITIVENESS DEM2 ONSTRATION PROGRAM.

3 (a) EXTENSION OF DEMONSTRATION PROGRAM.—

4 (1) IN GENERAL.—Section 711(c) of the Small

5 Business Competitiveness Demonstration Program

6 Act of 1988 (15 U.S.C. 644 note; 102 Stat. 3890)

7 is amended by striking ‘‘September 30, 1996’’ and

8 inserting ‘‘September 30, 1997’’.

9 (2) REPEAL.—Section 717(f) of the Small

10 Business Competitiveness Demonstration Program

11 Act of 1988 (15 U.S.C. 644 note) is repealed.

12 (b) REPORTING OF SUBCONTRACT PARTICIPATION

13 IN CONTRACTS FOR ARCHITECTURAL AND ENGINEERING

14 SERVICES.—Section 714(b)(5) of the Small Business

15 Competitiveness Demonstration Program Act of 1988 (15

16 U.S.C. 644 note; 102 Stat. 3892) is amended to read as

17 follows:

18 ‘‘(5) DURATION.—The system described in sub19 section (a) shall be established not later than Octo20 ber 1, 1996 (or as soon as practicable thereafter on

21 the first day of a subsequent quarter of fiscal year

22 1997), and shall terminate on September 30,

23 1997.’’.

24 (c) REPORTS TO THE CONGRESS.—

25 (1) IN GENERAL.—Section 716 of the Small

26 Business Competitiveness Demonstration Program
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1 Act of 1988 (15 U.S.C. 644 note; 102 Stat. 3893)

2 is amended—

3 (A) in subsection (a), by striking ‘‘fiscal

4 year 1991 and 1995’’ and inserting ‘‘each of

5 fiscal years 1991 through 1996’’;

6 (B) in subsection (b), by striking ‘‘results’’

7 and inserting ‘‘cumulative results’’; and

8 (C) in subsection (c), by striking ‘‘1996’’

9 and inserting ‘‘1997’’.

10 (2) CUMULATIVE REPORT THROUGH FISCAL

11 YEAR 1995.—A cumulative report of the results of

12 the Small Business Competitiveness Demonstration

13 Program for fiscal years 1991 through 1995 shall be

14 submitted not later than February 28, 1997 pursu15 ant to section 716(a) of the Small Business Com16 petitiveness Demonstration Program Act of 1988

17 (15 U.S.C. 644 note; 102 Stat. 3893), as amended

18 by paragraph (1) of this subsection.

19 SEC. 109. AMENDMENT TO SMALL BUSINESS GUARANTEED

20 CREDIT ENHANCEMENT ACT OF 1993.

21 (a) IN GENERAL.—Section 7 of the Small Busi22 ness Guaranteed Credit Enhancement Act of 1993 (Pub23 lic Law 103–81; 15 U.S.C. 634 note) is repealed effective

24 September 29, 1996.
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1 (b) CLERICAL AMENDMENT.—The table of con2 tents for the Small Business Guaranteed Credit Enhance3 ment Act of 1993 (Public Law 103–81; 15 U.S.C. 631

4 note) is amended by striking the item relating to section

5 7.

6 SEC. 110. STTR PROGRAM EXTENSION.

7 Section 9(n)(1)(C) (15 U.S.C. 638(n)(1)(C)) is

8 amended by striking ‘‘fiscal year 1996’’ and inserting

9 ‘‘fiscal years 1996 and 1997’’.

10 SEC. 111. LEVEL OF PARTICIPATION FOR EXPORT WORK11 ING CAPITAL LOANS.

12 Section 7(A)(2) (15 U.S.C. 636(A)(2)) is amend13 ed by adding at the end the following:

14 ‘‘(D) PARTICIPATION UNDER EXPORT

15 WORKING CAPITAL PROGRAM.—Notwithstanding

16 subparagraph (A), in an agreement to partici17 pate in a loan on a deferred basis under the

18 Export Working Capital Program established

19 pursuant to paragraph (14)(A), such participa20 tion by the Administration shall not exceed 90

21 percent.’’.
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1 TITLE II—AMENDMENTS TO

2 SMALL BUSINESS INVEST3 MENT ACT

4 SEC. 201. REFERENCES.

5 Except as otherwise expressly provided, whenever

6 in this title an amendment or repeal is expressed in

7 terms of an amendment to, or repeal of, a section or

8 other provision, the reference shall be considered to be

9 made to a section or other provision of the Small Busi10 ness Investment Act of 1958 (15 U.S.C. 661 et seq.).

11 SEC. 202. MODIFICATIONS TO DEVELOPMENT COMPANY

12 DEBENTURE PROGRAM.

13 (a) DECREASED LOAN TO VALUE RATIOS.—Sec14 tion 502(3) (15 U.S.C. 696(3)) is amended to read as

15 follows:

16 ‘‘(3) CRITERIA FOR ASSISTANCE.—

17 ‘‘(A) IN GENERAL.—Any development com18 pany assisted under this section or section 503

19 of this title must meet the criteria established

20 by the Administration, including the extent of

21 participation to be required or amount of paid22 in capital to be used in each instance as is de23 termined to be reasonable by the Administra24 tion.

25 ‘‘(B) COMMUNITY INJECTION FUNDS.—
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1 ‘‘(i) SOURCES OF FUNDS.—Commu2 nity injection funds may be derived, in

3 whole or in part, from—

4 ‘‘(I) State or local governments;

5 ‘‘(II) banks or other financial in6 stitutions;

7 ‘‘(III) foundations or other not8 for-profit institutions; or

9 ‘‘(IV) the small business concern

10 (or its owners, stockholders, or affili11 ates) receiving assistance through a

12 body authorized by this title.

13 ‘‘(ii) FUNDING FROM INSTITU14 TIONS.—Not less than 50 percent of the

15 total cost of any project financed pursuant

16 to clauses (i), (ii), or (iii) of subparagraph

17 (C) shall come from the institutions de18 scribed in subclauses (I), (II), and (III) of

19 clause (i).

20 ‘‘(C) FUNDING FROM A SMALL BUSINESS

21 CONCERN.—The small business concern (or its

22 owners, stockholders, or affiliates) receiving as23 sistance through a body authorized by this title

24 shall provide—
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1 ‘‘(i) at least 15 percent of the total

2 cost of the project financed, if the small

3 business concern has been in operation for

4 a period of 2 years or less;

5 ‘‘(ii) at least 15 percent of the total

6 cost of the project financed if the project

7 involves the construction of a limited or

8 single purpose building or structure;

9 ‘‘(iii) at least 20 percent of the total

10 cost of the project financed if the project

11 involves both of the conditions set forth in

12 clauses (i) and (ii); or

13 ‘‘(iv) at least 10 percent of the total

14 cost of the project financed, in all other

15 circumstances, at the discretion of the de16 velopment company.’’.

17 (b) GUARANTEE FEE FOR DEVELOPMENT COM18 PANY DEBENTURES.—Section 503(b)(7)(A) (15 U.S.C.

19 697(b)(7)(A)) is amended by striking ‘‘equal to 0.125

20 percent’’ and all that follows before the semicolon and in21 serting the following: ‘‘equal to the lesser of—

22 ‘‘(i) 0.9375 percent per year of the

23 outstanding balance of the loan; or

24 ‘‘(ii) such percentage per year of the

25 outstanding balance of the loan as the Ad-
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1 ministrator may determine to be necessary

2 to reduce the cost (as that term is defined

3 in section 502 of the Federal Credit Re4 form Act of 1990) to the Administration of

5 purchasing and guaranteeing debentures

6 under this Act to an amount that, taking

7 into consideration any available appro8 priated funds, would permit the Adminis9 tration to purchase or guarantee

10 $2,000,000,000 of debentures in fiscal

11 year 1997’’.

12 (c) FEES TO OFFSET SUBSIDY COST.—Section

13 503(d) (15 U.S.C. 697(d)) is amended to read as follows:

14 ‘‘(d) CHARGES FOR ADMINISTRATION EX15 PENSES.—

16 ‘‘(1) LEVEL OF CHARGES.—The Administration

17 may impose an additional charge for administrative

18 expenses with respect to each debenture for which

19 payment of principal and interest is guaranteed

20 under subsection (a).

21 ‘‘(2) PARTICIPATION FEE.—The Administration

22 shall collect a one-time fee in an amount equal to 50

23 basis points on the total participation in any project

24 of any institution described in subclause (I), (II), or

25 (III) of section 502(3)(B)(i). Such fee shall be im-
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1 posed only when the participation of the institution

2 will occupy a senior credit position to that of the de3 velopment company. All proceeds of the fee shall be

4 used to offset the cost (as that term is defined in

5 section 502 of the Credit Reform Act of 1990) to

6 the Administration of making guarantees under sub7 section (a).

8 ‘‘(3) DEVELOPMENT COMPANY FEE.—The Ad9 ministration shall collect annually from each devel10 opment company a fee of 0.125 percent of the out11 standing principal balance of any guaranteed deben12 ture authorized by the Administration after Septem13 ber 30, 1996. Such fee shall be derived from the

14 servicing fees collected by the development company

15 pursuant to regulation, and shall not be derived

16 from any additional fees imposed on small business

17 concerns. All proceeds of the fee shall be used to off18 set the cost (as that term is defined in section 502

19 of the Credit Reform Act of 1990) to the Adminis20 tration of making guarantees under subsection (a).’’.

21 (d) EFFECTIVE DATE.—Section 503 (15 U.S.C.

22 697) is amended by adding at the end the following new

23 subsection:

24 ‘‘(f) EFFECTIVE DATE.—The fees authorized by

25 subsections (b) and (c) shall apply to financings approved
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1 by the Administration on or after October 1, 1996, but

2 shall not apply to financings approved by the Administra3 tion on or after October 1, 1997.’’.

4 (e) CALCULATION OF SUBSIDY RATE.—Section

5 503 (15 U.S.C. 697a) is amended by adding at the end

6 the following new subsection:

7 ‘‘(g) CALCULATION OF SUBSIDY RATE.—All fees,

8 interest, and profits received and retained by the Admin9 istration under this section shall be included in the cal10 culations made by the Director of the Office of Manage11 ment and Budget to offset the cost (as that term is de12 fined in section 502 of the Federal Credit Reform Act of

13 1990) to the Administration of purchasing and guaran14 teeing debentures under this Act.’’.

15 SEC. 203. REQUIRED ACTIONS UPON DEFAULT.

16 Section 503 (15 U.S.C. 697) is amended by add17 ing at the end the following new subsection:

18 ‘‘(h) REQUIRED ACTIONS UPON DEFAULT.—

19 ‘‘(1) INITIAL ACTIONS.—Not later than the

20 45th day after the date on which a payment on a

21 loan funded through a debenture guaranteed under

22 this section is due and not received, the Administra23 tion shall—

24 ‘‘(A) take all necessary steps to bring such

25 a loan current; or
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1 ‘‘(B) implement a formal written deferral

2 agreement.

3 ‘‘(2) PURCHASE OR ACCELERATION OF DEBEN4 TURE.—Not later than the 65th day after the date

5 on which a payment on a loan described in para6 graph (1) is due and not received, and absent a for7 mal written deferral agreement, the administration

8 shall take all necessary steps to purchase or acceler9 ate the debenture.

10 ‘‘(3) PREPAYMENT PENALTIES.—With respect

11 to the portion of any project derived from funds set

12 forth in section 502(3), the Administration—

13 ‘‘(A) shall negotiate the elimination of any

14 prepayment penalties or late fees on defaulted

15 loans made prior to September 30, 1996;

16 ‘‘(B) shall not pay any prepayment penalty

17 or late fee on the default based purchase of

18 loans issued after September 30, 1996; and

19 ‘‘(C) for any project financed after Sep20 tember 30, 1996, shall not pay any default in21 terest rate higher than the interest rate on the

22 note prior to the date of default.’’.

23 SEC. 204. LOAN LIQUIDATION PILOT PROGRAM.

24 (a) IN GENERAL.—The Administrator shall carry

25 out a loan liquidation pilot program (in this section re-
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1 ferred to as the ‘‘pilot program’’) in accordance with the

2 requirements of this section.

3 (b) SELECTION OF DEVELOPMENT COMPANIES.—

4 (1) IN GENERAL.—Not later than 90 days after

5 the date of the enactment of this Act, the Adminis6 trator shall establish a pilot program under which

7 certain development companies authorized to make

8 loans and issue debentures under title V of the

9 Small Business Investment Act of 1958 are selected

10 by the Administrator in accordance with this sub11 section to carry out loan liquidations.

12 (2) CONFLICTS OF INTEREST.—The develop13 ment companies selected under paragraph (1) shall

14 agree not to take any action that would create a po15 tential conflict of interest involving the development

16 company, the third party lender, or an associate of

17 the third party lender.

18 (3) QUALIFICATIONS.—In order to qualify to

19 participate in the pilot program under this section,

20 each development company shall—

21 (A) have not less than 6 years of experi22 ence in the program established by title V of

23 the Small Business Investment Act of 1958;

24 (B) have made, during the 6 most recent

25 fiscal years, an average of not less than 10
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1 loans per year through the program established

2 by such title V of the Small Business Invest3 ment Act of 1958;

4 (C) have not less than 2 years of experi5 ence in liquidating loans under the authority of

6 a Federal, State, or other lending program; and

7 (D) meet such other requirements as the

8 Administration may establish.

9 (c) AUTHORITY OF DEVELOPMENT COMPANIES.—

10 The development companies selected under subsection (b)

11 shall, for loans in their portfolio of loans made through

12 debentures guaranteed under title V of the Small Busi13 ness Investment Act of 1958 that are in default after the

14 date of enactment of this Act, be authorized to—

15 (1) perform all liquidation and foreclosure func16 tions, including the acceleration or purchase of com17 munity injection funds, subject to such company ob18 taining prior written approval from the Adminis19 trator before committing the agency to purchase any

20 other indebtedness secured by the property: Pro21 vided, That the Administrator shall approve or deny

22 a request for such purchase within a period of 10

23 business days; and

24 (2) liquidate such loans in a reasonable and

25 sound manner and according to commercially accept-
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1 ed practices pursuant to a liquidation plan approved

2 by the Administrator in advance of its implementa3 tion. If the Administrator does not approve or deny

4 a request for approval of a liquidation plan within

5 10 business days of the date on which the request

6 is made (or with respect to any routine liquidation

7 activity under such a plan, within 5 business days)

8 such request shall be deemed to be approved.

9 (d) AUTHORITY OF THE ADMINISTRATOR.—In

10 carrying out the pilot program, the Administrator shall—

11 (1) have full authority to rescind the authority

12 granted any development company under this section

13 upon a 10-day written notice stating the reasons for

14 the rescission; and

15 (2) not later than 90 days after the admission

16 of the development companies specified in subsection

17 (b), implement the pilot program.

18 (e) REPORT.—

19 (1) IN GENERAL.—The Administrator shall

20 issue a report on the results of the pilot program to

21 the Committees on Small Business of the House of

22 Representatives and the Senate. The report shall in23 clude information relating to—

24 (A) the total dollar amount of each loan

25 and project liquidated;
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1 (B) the total dollar amount guaranteed by

2 the Administration;

3 (C) total dollar losses;

4 (D) total recoveries both as percentage of

5 the amount guaranteed and the total cost of the

6 project; and

7 (E) a comparison of the pilot program in8 formation with the same information for liq9 uidation conducted outside the pilot program

10 over the period of time.

11 (2) REPORTING PERIOD.—The report shall be

12 based on data from, and issued not later than 90

13 days after the close of, the first eight fiscal quarters

14 of the pilot program’s operation after the date of im15 plementation.

16 SEC. 205. REGISTRATION OF CERTIFICATES.

17 (a) CERTIFICATES SOLD PURSUANT TO SMALL

18 BUSINESS ACT.—Section 5(h) of the Small Business Act

19 (15 U.S.C. 634(h)) is amended—

20 (1) by redesignating paragraphs (1) through

21 (4) as subparagraphs (A) through (D);

22 (2) by striking ‘‘(h)’’ and inserting ‘‘(h)(1)’’;

23 (3) by striking subparagraph (A), as redesig24 nated by paragraph (1) of this subsection, and in25 serting the following:
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1 ‘‘(A) provide for a central registration of

2 all loans and trust certificates sold pursuant to

3 subsections (f) and (g) of this section;’’; and

4 (4) by adding at the end the following:

5 ‘‘(2) Nothing in this subsection shall prohibit

6 the utilization of a book-entry or other electronic

7 form of registration for trust certificates. The Ad8 ministration may, with the consent of the Secretary

9 of the Treasury, use the book-entry system of the

10 Federal Reserve System.’’.

11 (b) CERTIFICATES SOLD PURSUANT TO SMALL

12 BUSINESS INVESTMENT COMPANY PROGRAM.—Section

13 321(f) (15 U.S.C. 687l(f)) is amended—

14 (1) in paragraph (1), by striking ‘‘Such central

15 registration shall include’’ and all that follows

16 through the period at the end of the paragraph; and

17 (2) by adding at the end the following:

18 ‘‘(5) Nothing in this subsection shall prohibit

19 the use of a book-entry or other electronic form of

20 registration for trust certificates.’’.

21 (c) CERTIFICATES SOLD PURSUANT TO DEVELOP22 MENT COMPANY PROGRAM.—Section 505(f) (15 U.S.C.

23 697b(f)) is amended—

24 (1) by redesignating paragraphs (1) through

25 (4) as subparagraphs (A) through (D);
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1 (2) by striking ‘‘(f)’’ and inserting ‘‘(f)(1)’’;

2 (3) by striking paragraph (A), as redesignated

3 by paragraph (1) of this subsection, and inserting

4 the following:

5 ‘‘(A) provide for a central registration of

6 all trust certificates sold pursuant to this sec7 tion;’’ and

8 ‘‘(4) by adding at the end the following:

9 ‘‘(2) Nothing in this subsection shall prohibit

10 the utilization of a book-entry or other electronic

11 form of registration for trust certificates.’’.

12 SEC. 206. PREFERRED SURETY BOND GUARANTEE PRO13 GRAM.

14 (a) ADMISSION OF ADDITIONAL PROGRAM PAR15 TICIPANTS.—Section 411(a) (15 U.S.C. 694(a)) is

16 amended by adding a new paragraph (5), as follows:

17 ‘‘(5)(A) The Administration shall promptly act

18 upon an application from a surety to participate in

19 the Preferred Surety Bond Guarantee Program, au20 thorized by paragraph (3), in accordance with cri21 teria and procedures established in regulations pur22 suant to subsection (d).

23 ‘‘(B) The Administration is authorized to re24 duce the allotment of bond guarantee authority or

25 terminate the participation of a surety in the Pre-
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1 ferred Surety Program Guarantee Program based on

2 the rate of participation of such surety during the

3 4 most recent fiscal year quarters compared to the

4 median rate of participation by the other sureties in

5 the program.’’.

6 (b) EFFECTIVE DATE.—The amendments made

7 by subsection (a) shall apply with respect to applications

8 received (or pending substantive evaluation) on or after

9 October 1, 1995.

10 SEC. 207. SENSE OF THE CONGRESS.

11 (a) IN GENERAL.—It is the sense of the Congress

12 that the subsidy models prepared by the Office of Man13 agement and Budget relative to loan programs sponsored

14 by the United States Small Business Administration have

15 a tendency to—

16 (1) overestimate potential risk of loss; and

17 (2) overemphasize historical losses that may be

18 anomalous and do not truly reflect the success of the

19 programs as a whole.

20 (b) INDEPENDENT STUDY.—Consequently, the

21 Congress mandates the independent study in section

22 103(h) in an attempt to improve the ability of the Office

23 of Management and Budget to reflect more accurately

24 the budgetary implications of such programs.
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1 SEC. 208. SMALL BUSINESS INVESTMENT COMPANY IM2 PROVEMENTS.

3 (a) DEFINITIONS.—

4 (1) SMALL BUSINESS CONCERN.—Section

5 103(5) (15 U.S.C. 662(5)) is amended by inserting

6 before the semicolon the following: ‘‘, except that,

7 for purposes of this Act, an investment by a venture

8 capital firm, investment company (including a small

9 business investment company) employee welfare ben10 efit plan or pension plan, or trust, foundation, or en11 dowment that is exempt from Federal income tax12 ation—

13 ‘‘(A) shall not cause a business concern to

14 be deemed not independently owned and oper15 ated;

16 ‘‘(B) shall be disregarded in determining

17 whether a business concern satisfies size stand18 ards established pursuant to section 3(a)(2) of

19 the Small Business Act; and

20 ‘‘(C) shall be disregarded in determining

21 whether a small business concern is a smaller

22 enterprise’’.

23 (2) PRIVATE CAPITAL.—Section 103(9) (15

24 U.S.C. 662(9)) is amended to read as follows:

25 ‘‘(9) the term ‘private capital’—

26 ‘‘(A) means the sum of—
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1 ‘‘(i) the paid-in capital and paid-in

2 surplus of a corporate licensee, the contrib3 uted capital of the partners of a partner4 ship licensee, or the equity investment of

5 the members of a limited liability company

6 licensee; and

7 ‘‘(ii) unfunded binding commitments,

8 from investors that meet criteria estab9 lished by the Administrator, to contribute

10 capital to the licensee: Provided, That such

11 unfunded commitments may be counted as

12 private capital for purposes of approval by

13 the Administrator of any request for lever14 age, but leverage shall not be funded based

15 on such commitments; and

16 ‘‘(B) does not include any—

17 ‘‘(i) funds borrowed by a licensee from

18 any source;

19 ‘‘(ii) funds obtained through the issu20 ance of leverage; or

21 ‘‘(iii) funds obtained directly or indi22 rectly from any Federal, State, or local

23 government, or any government agency or

24 instrumentality, except for—
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1 ‘‘(I) funds invested by an em2 ployee welfare benefit plan or pension

3 plan; and

4 ‘‘(II) any qualified nonprivate

5 funds (if the investors of the qualified

6 nonprivate funds do not control, di7 rectly or indirectly, the management,

8 board of directors, general partners,

9 or members of the licensee);’’.

10 (3) NEW DEFINITIONS.—Section 103 (15

11 U.S.C. 662) is amended by striking paragraph (10)

12 and inserting the following:

13 ‘‘(10) the term ‘leverage’ includes—

14 ‘‘(A) debentures purchased or guaranteed

15 by the Administration;

16 ‘‘(B) participating securities purchased or

17 guaranteed by the Administration; and

18 ‘‘(C) preferred securities outstanding as of

19 October 1, 1995;

20 ‘‘(11) the term ‘third party debt’ means any in21 debtedness for borrowed money, other than indebt22 edness owed to the Administration;

23 ‘‘(12) the term ‘smaller enterprise’ means any

24 small business concern that, together with its affili25 ates—
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1 ‘‘(A) has—

2 ‘‘(i) a net financial worth of not more

3 than $6,000,000, as of the date on which

4 assistance is provided under this Act to

5 that business concern; and

6 ‘‘(ii) an average net income for the 2-

7 year period preceding the date on which

8 assistance is provided under this Act to

9 that business concern, of not more than

10 $2,000,000, after Federal income taxes

11 (excluding any carryover losses); or

12 ‘‘(B) satisfies the standard industrial clas13 sification size standards established by the Ad14 ministration for the industry in which the small

15 business concern is primarily engaged;

16 ‘‘(13) the term ‘qualified nonprivate funds’

17 means any—

18 ‘‘(A) funds directly or indirectly invested in

19 any applicant or licensee on or before August

20 16, 1982, by any Federal agency, other than

21 the Administration, under a provision of law ex22 plicitly mandating the inclusion of those funds

23 in the definition of the term ‘private capital’;

24 ‘‘(B) funds directly or indirectly invested

25 in any applicant or licensee by any Federal
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1 agency under a provision of law enacted after

2 September 4, 1992, explicitly mandating the in3 clusion of those funds in the definition of the

4 term ‘private capital’; and

5 ‘‘(C) funds invested in any applicant or li6 censee by one or more State or local govern7 ment entities (including any guarantee extended

8 by those entities) in an aggregate amount that

9 does not exceed 33 percent of the private cap10 ital of the applicant or licensee;

11 ‘‘(14) the terms ‘employee welfare benefit plan’

12 and ‘pension plan’ have the same meanings as in

13 section 3 of the Employee Retirement Income Secu14 rity Act of 1974, and are intended to include—

15 ‘‘(A) public and private pension or retire16 ment plans subject to such Act; and

17 ‘‘(B) similar plans not covered by such Act

18 that have been established and that are main19 tained by the Federal Government or any State

20 or political subdivision, or any agency or instru21 mentality thereof, for the benefit of employees;

22 ‘‘(15) the term ‘member’ means, with respect to

23 a licensee that is a limited liability company, a hold24 er of an ownership interest or a person otherwise ad-
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1 mitted to membership in the limited liability com2 pany; and

3 ‘‘(16) the term ‘limited liability company’

4 means a business entity that is organized and oper5 ating in accordance with a State limited liability

6 company statute approved by the Administration.’’.

7 (b) ORGANIZATION OF SMALL BUSINESS INVEST8 MENT COMPANIES.—

9 (1) LIMITED LIABILITY COMPANIES.—Section

10 301(a) (15 U.S.C. 681(a)) is amended in the first

11 sentence, by striking ‘‘body or’’ and inserting ‘‘body,

12 a limited liability company, or’’

13 (2) ISSUANCE OF LICENSE.—Section 301(c) (15

14 U.S.C. 681(c)) is amended to read as follows:

15 ‘‘(c) ISSUANCE OF LICENSE.—

16 ‘‘(1) SUBMISSION OF APPLICATION.—Each ap17 plicant for a license to operate as a small business

18 investment company under this Act shall submit to

19 the Administrator an application, in a form and in20 cluding such documentation as may be prescribed by

21 the Administrator.

22 ‘‘(2) PROCEDURES.—

23 ‘‘(A) STATUS.—Not later than 90 days

24 after the initial receipt by the Administrator of

25 an application under this subsection, the Ad-
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1 ministrator shall provide the applicant with a

2 written report detailing the status of the appli3 cation and any requirements remaining for

4 completion of the application.

5 ‘‘(B) APPROVAL OR DISAPPROVAL.—With6 in a reasonable time after receiving a completed

7 application submitted in accordance with this

8 subsection and in accordance with such require9 ments as the Administrator may prescribe by

10 regulation, the Administrator shall—

11 ‘‘(i) approve the application and issue

12 a license for such operation to the appli13 cant if the requirements of this section are

14 satisfied; or

15 ‘‘(ii) disapprove the application and

16 notify the applicant in writing of the dis17 approval.

18 ‘‘(3) MATTERS CONSIDERED.—In reviewing and

19 processing any application under this subsection, the

20 Administrator—

21 ‘‘(A) shall determine whether—

22 ‘‘(i) the applicant meets the require23 ments of subsections (a) and (c) of section

24 302; and
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1 ‘‘(ii) the management of the applicant

2 is qualified and has the knowledge, experi3 ence, and capability necessary to comply

4 with this Act;

5 ‘‘(B) shall take into consideration—

6 ‘‘(i) the need for and availability of fi7 nancing for small business concerns in the

8 geographic area in which the applicant is

9 to commence business;

10 ‘‘(ii) the general business reputation

11 of the owners and management of the ap12 plicant; and

13 ‘‘(iii) the probability of successful op14 erations of the applicant, including ade15 quate profitability and financial soundness;

16 and

17 ‘‘(C) shall not take into consideration any

18 projected shortage or unavailability of leverage.

19 ‘‘(4) EXCEPTION.—

20 ‘‘(A) IN GENERAL.—Notwithstanding any

21 other provision of this Act, the Administrator

22 may, in the discretion of the Administrator and

23 based on a showing of special circumstances

24 and good cause, approve an application and
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1 issue a license under this subsection with re2 spect to any applicant that—

3 ‘‘(i) has private capital of not less

4 than $3,000,000;

5 ‘‘(ii) would otherwise be issued a li6 cense under this subsection, except that

7 the applicant does not satisfy the require8 ments of section 302(a); and

9 ‘‘(iii) has a viable business plan rea10 sonably projecting profitable operations

11 and a reasonable timetable for achieving a

12 level of private capital that satisfies the re13 quirements of section 302(a).

14 ‘‘(B) LEVERAGE.—An applicant licensed

15 pursuant to the exception provided in this para16 graph shall not be eligible to receive leverage as

17 a licensee until the applicant satisfies the re18 quirements of section 302(a).’’.

19 (3) SPECIALIZED SMALL BUSINESS INVEST20 MENT COMPANIES.—

21 (A) REPEAL.—Section 301(d) (15 U.S.C.

22 681(d)) is repealed.

23 (B) EFFECT ON EXISTING LICENSES.—

24 The repeal under subparagraph (A) shall not be

25 construed to require the Administrator to can-
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1 cel, revoke, withdraw, or modify any license is2 sued under section 301(d) of the Small Busi3 ness Investment Act of 1958 before the date of

4 enactment of this Act.

5 (c) CAPITAL REQUIREMENTS.—

6 (1) INCREASED MINIMUM CAPITAL REQUIRE7 MENTS.—Section 302(a) (15 U.S.C. 682(a)) is

8 amended by striking ‘‘(a)’’ and all that follows

9 through ‘‘The Administration shall also determine

10 the ability of the company,’’ and inserting the fol11 lowing:

12 ‘‘(a) AMOUNT.—

13 ‘‘(1) IN GENERAL.—Except as provided in para14 graph (2), the private capital of each licensee shall

15 be not less than—

16 ‘‘(A) $5,000,000; or

17 ‘‘(B) $10,000,000, with respect to each li18 censee authorized or seeking authority to issue

19 participating securities to be purchased or guar20 anteed by the Administration under this Act.

21 ‘‘(2) EXCEPTION.—The Administrator may, in

22 the discretion of the Administrator and based on a

23 showing of special circumstances and good cause,

24 permit the private capital of a licensee authorized or

25 seeking authorization to issue participating securi-
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1 ties to be purchased or guaranteed by the Adminis2 tration to be less than $10,000,000, but not less

3 than $5,000,000, if the Administrator determines

4 that such action would not create or otherwise con5 tribute to an unreasonable risk of default or loss to

6 the Federal Government.

7 ‘‘(3) ADEQUACY.—In addition to the require8 ments of paragraph (1), the Administrator shall—

9 ‘‘(A) determine whether the private capital

10 of each licensee is adequate to assure a reason11 able prospect that the licensee will be operated

12 soundly and profitably, and managed actively

13 and prudently in accordance with its articles;

14 and

15 ‘‘(B) determine that the licensee will be

16 able’’.

17 (2) EXEMPTION FOR CERTAIN LICENSEES.—

18 Section 302(a) (15 U.S.C. 682(a)) is amended by

19 adding at the end the following new paragraph:

20 ‘‘(4) EXEMPTION FROM CAPITAL REQUIRE21 MENTS.—The Administrator may, in the discretion

22 of the Administrator, approve leverage for any li23 censee licensed under subsection (c) or (d) of section

24 301 before the date of enactment of the Small Busi25 ness Program Improvement Act of 1996 that does
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1 not meet the capital requirements of paragraph (1),

2 if—

3 ‘‘(A) the licensee certifies in writing that

4 not less 50 percent of the aggregate dollar

5 amount of its financings after the date of enact6 ment of the Small Business Program Improve7 ment Act of 1996 will be provided to smaller

8 enterprises; and

9 ‘‘(B) the Administrator determines that

10 such action would not create or otherwise con11 tribute to an unreasonable risk of default or

12 loss to the United States Government.’’.

13 ‘‘(3) DIVERSIFICATION OF OWNERSHIP.—Sec14 tion 302(c) (15 U.S.C. 682(c)) is amended to read

15 as follows:

16 ‘‘(c) DIVERSIFICATION OF OWNERSHIP.—The Ad17 ministrator shall ensure that the management of each li18 censee licensed after the date of enactment of the Small

19 Business Program Improvement Act of 1996 is suffi20 ciently diversified from and unaffiliated with the owner21 ship of the licensee in a manner that ensures independ22 ence and objectivity in the financial management and

23 oversight of the investments and operations of the li24 censee.’’.

25 (d) BORROWING.—
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1 ‘‘(2) DEBENTURES.—Section 303(b) (15 U.S.C.

2 683(b)) is amended in the first sentence, by striking

3 ‘‘(but only’’ and all that follows through ‘‘terms)’’.

4 ‘‘(2) THIRD PARTY DEBT.—Section 303(c) (15

5 U.S.C. 683(c)) is amended to read as follows:

6 ‘‘(c) THIRD PARTY DEBT.—The Administrator—

7 ‘‘(1) shall not permit a licensee having out8 standing leverage to incur third party debt that

9 would create or contribute to an unreasonable risk

10 of default or loss to the Federal Government; and

11 ‘‘(2) shall permit such licensees to incur third

12 party debt only on such terms and subject to such

13 conditions as may be established by the Adminis14 trator, by regulation or otherwise.’’.

15 (3) REQUIREMENT TO FINANCE SMALLER EN16 TERPRISES.—Section 303(d) (15 U.S.C. 683(d)) is

17 amended to read as follows:

18 ‘‘(d) REQUIREMENT TO FINANCE SMALLER EN19 TERPRISES.—The Administrator shall require each li20 censee, as a condition of approval of an application for

21 leverage, to certify in writing that not less than 20 per22 cent of the aggregate dollar amount of the financings of

23 the licensee will be provided to smaller enterprises.’’.

24 (4) CAPITAL IMPAIRMENT REQUIREMENTS.—
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1 (A) IN GENERAL.—Section 303(e) (15

2 U.S.C. 683(e)) is amended to read as follows:

3 ‘‘(e) CAPITAL IMPAIRMENT.—Before approving

4 any application for leverage submitted by a licensee

5 under this Act, the Administrator—

6 ‘‘(1) shall determine that the private capital of

7 the licensee meets the requirements of section

8 302(a); and

9 ‘‘(2) shall determine, taking into account the

10 nature of the assets of the licensee, the amount and

11 terms of any third party debt owed by such licensee,

12 and any other factors determined to be relevant by

13 the Administrator, that the private capital of the li14 censee has not been impaired to such an extent that

15 the issuance of additional leverage would create or

16 otherwise contribute to an unreasonable risk of de17 fault or loss to the Federal Government.’’.

18 (B) REGULATIONS.—

19 (i) UNIFORM APPLICABILITY.—Any

20 regulation issued by the Administration to

21 implement section 303(e) of the Small

22 Business Investment Act of 1958 that ap23 plies to any licensee with outstanding le24 verage obtained before the effective date of

25 that regulation, shall apply uniformly to all
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1 licensees with outstanding leverage ob2 tained before that effective date.

3 (ii) DEFINITIONS.—For purposes of

4 this subparagraph, the terms ‘‘Administra5 tion’’, ‘‘leverage’’ and ‘‘licensee’’ have the

6 same meanings as in section 103 of the

7 Small Business Investment Act of 1958.

8 (5) EQUITY INVESTMENT REQUIREMENT.—Sec9 tion 303(g)(4) (15 U.S.C. 683(g)(4)) is amended by

10 striking ‘‘and maintain’’.

11 (6) FEES.—Section 303 (15 U.S.C. 683) is

12 amended—

13 (A) in subsection (b), in the fifth sentence,

14 by striking ‘‘1 per centum’’, and all that follows

15 before the period at the end of the sentence and

16 inserting the following: ‘‘1 percent, plus an ad17 ditional charge of 1 percent per annum which

18 shall be paid to and retained by the Administra19 tion’’;

20 (B) in subsection (g)(2), by striking ‘‘1 per

21 centum,’’ and all that follows before the period

22 at the end of the paragraph and inserting the

23 following: ‘‘1 percent, plus an additional charge

24 of 1 percent per annum which shall be paid to

25 and retained by the Administration’’; and
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1 (C) by adding at the end the following new

2 subsections:

3 ‘‘(i) LEVERAGE FEE.—With respect to leverage

4 granted by the Administration to a licensee, the Adminis5 tration shall collect from the licensee a nonrefundable fee

6 in an amount equal to 3 percent of the face amount of

7 leverage granted to the licensee, payable upon the earlier

8 of the date of entry into any commitment for such lever9 age or the date on which the leverage is drawn by the

10 licensee.

11 ‘‘(j) CALCULATION OF SUBSIDY RATE.—All fees,

12 interest, and profits received and retained by the Admin13 istration under this section shall be included in the cal14 culations made by the Director of the Office of Manage15 ment and Budget to offset the cost (as that term is de16 fined in section 502 of the Federal Credit Reform Act of

17 1990) to the Administration of purchasing and guaran18 teeing debentures and participating securities under this

19 Act.’’.

20 (e) LIABILITY OF THE UNITED STATES.—Section

21 308(e) (15 U.S.C. 687(e)) is amended by striking ‘‘Noth22 ing’’ and inserting ‘‘Except as expressly provided other23 wise in this Act, nothing’’.

24 (f) EXAMINATIONS; VALUATIONS.—
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1 (1) EXAMINATIONS.—Section 310(b) (15

2 U.S.C. 687b(b)) is amended in the first sentence by

3 inserting ‘‘which may be conducted with the assist4 ance of a private sector entity that has both the

5 qualifications to conduct and expertise in conducting

6 such examinations,’’ after ‘‘Investment Division of

7 the Administration,’’.

8 (2) VALUATIONS.—Section 310(d) (15 U.S.C.

9 687b(d)) is amended to read as follows:

10 ‘‘(d) VALUATIONS.—

11 ‘‘(1) FREQUENCY OF VALUATIONS.—

12 ‘‘(A) IN GENERAL.—Each licensee shall

13 submit to the Administrator a written valuation

14 of the loans and investments of the licensee not

15 less often than semiannually or otherwise upon

16 the request of the Administrator, except that

17 any licensee with no leverage outstanding shall

18 submit such valuations annually, unless the Ad19 ministrator determines otherwise.

20 ‘‘(B) MATERIAL ADVERSE CHANGES.—Not

21 later than 30 days after the end of a fiscal

22 quarter of a licensee during which a material

23 adverse change in the aggregate valuation of

24 the loans and investments or operations of the

25 licensee occurs, the licensee shall notify the Ad-
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1 ministrator in writing of the nature and extent

2 of that change.

3 ‘‘(C) INDEPENDENT CERTIFICATION.—

4 ‘‘(i) IN GENERAL.—Not less than

5 once during each fiscal year, each licensee

6 shall submit to the Administrator the fi7 nancial statements of the licensee, audited

8 by an independent certified public account9 ant approved by the Administrator.

10 ‘‘(ii) AUDIT REQUIREMENTS.—Each

11 audit conducted under clause (i) shall in12 clude—

13 ‘‘(I) a review of the procedures

14 and documentation used by the li15 censee in preparing the valuations re16 quired by this section; and

17 ‘‘(II) a statement by the inde18 pendent certified public accountant

19 that such valuations were prepared in

20 conformity with the valuation criteria

21 applicable to the licensee established

22 in accordance with paragraph (2).

23 ‘‘(2) VALUATION CRITERIA.—Each valuation

24 submitted under this subsection shall be prepared by
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1 the licensee in accordance with valuation criteria,

2 which shall—

3 ‘‘(A) be established or approved by the Ad4 ministrator; and

5 ‘‘(B) include appropriate safeguards to en6 sure that the noncash assets of a licensee are

7 not overvalued.’’.

8 (g) TRUSTEE OR RECEIVERSHIP OVER LICENS9 EES.—

10 (1) FINDING.—It is the finding of the Congress

11 that increased recoveries on assets in liquidation

12 under the Small Business Investment Act of 1958

13 are in the best interests of the Federal Government.

14 (2) DEFINITIONS.—For purposes of this sub15 section—

16 (A) the term ‘‘Administrator’’ means the

17 Administrator of the Small Business

18 Adminstration;

19 (B) the term ‘‘Administration’’ means the

20 Small Business Administration; and

21 (C) the term ‘‘licensee’’ has the same

22 meaning as in section 103.

23 (3) LIQUIDATION PLAN.—

24 (A) IN GENERAL.—Not later than January

25 15, 1997, the Administrator shall submit to the
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1 Committees on Small Business of the Senate

2 and the House of Representatives a detailed

3 plan to expedite the orderly liquidation of all li4 censee assets in liquidation, including assets of

5 licensees in receivership or in trust held by or

6 under the control of the Administration or its

7 agents.

8 (B) CONTENTS.—The plan submitted

9 under paragraph (1) shall include a timetable

10 for liquidating the liquidation portfolio of small

11 business investment company assets owned by

12 the Administration, and shall contain the find13 ings and recommendations of the Administrator

14 on various options providing for the fair and ex15 peditious liquidation of such assets within a

16 reasonable period of time, giving due consider17 ation to the option of entering into one or more

18 contracts with private sector entities having the

19 capability to carry out the orderly liquidation of

20 similar assets.

21 (h) TECHNICAL AND CONFORMING AMEND22 MENTS.—

23 (1) SMALL BUSINESS INVESTMENT ACT OF

24 1958.—The Small Business Investment Act of 1958

25 (15 U.S.C. 661 et seq.) is amended—
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1 (A) in section 303—

2 (i) in subsection (a), by striking ‘‘de3 benture bonds,’’ and inserting ‘‘securi4 ties,’’;

5 (ii) by striking subsection (f) and in6 serting the following:

7 ‘‘(f) REDEMPTION OR REPURCHASE OF PRE8 FERRED STOCK.—Notwithstanding any other provision of

9 law—

10 ‘‘(1) the Administrator may allow the issuer of

11 any preferred stock sold to the Administration be12 fore November 1, 1989 to redeem or repurchase

13 such stock, upon the payment to the Administration

14 of an amount less than the par value of such stock,

15 for a repurchase price determined by the Adminis16 trator after consideration of all relevant factors, in17 cluding—

18 ‘‘(A) the market value of the stock;

19 ‘‘(B) the value of benefits provided and an20 ticipated to accrue to the issuer;

21 ‘‘(C) the amount of dividends paid, ac22 crued, and anticipated; and

23 ‘‘(D) the estimate of the Administrator of

24 any anticipated redemption; and
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1 ‘‘(2) any moneys received by the Administration

2 from the repurchase of preferred stock shall be

3 available solely to provide debenture leverage to li4 censees having 50 percent or more in aggregate dol5 lar amount of their financings invested in smaller

6 enterprises.’’; and

7 (iii) in subsection (g)(8)—

8 (I) by striking ‘‘partners or

9 shareholders’’ and inserting ‘‘part10 ners, shareholders, or members’’;

11 (II) by striking ‘‘partner’s or

12 shareholder’s’’ and inserting ‘‘part13 ner’s, shareholder’s, or member’s’’;

14 and

15 (III) by striking ‘‘partner or

16 shareholder’’ and inserting ‘‘partner,

17 shareholder, or member’’;

18 (B) in section 308(h), by striking ‘‘sub19 section (c) or (d) of section 301’’ each place

20 that term appears and inserting ‘‘section 301’’;

21 (C) in section 310(c)(4), by striking ‘‘not

22 less than four years in the case of section

23 301(d) licensees and in all other cases,’’;

24 (D) in section 312—
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1 (i) by striking ‘‘shareholders or part2 ners’’ and inserting ‘‘shareholders, part3 ners, or members’’; and

4 (ii) by striking ‘‘shareholder, or part5 ner’’ each place that term appears and in6 serting ‘‘shareholder, partner, or member’’;

7 (E) by striking sections 317 and 318, and

8 redesignating sections 319 through 322 as sec9 tions 317 through 320, respectively;

10 (F) in section 319, as redesignated—

11 (i) in subsection (a), by striking ‘‘, in12 cluding companies operating under the au13 thority of section 301(d),’’; and

14 (ii) in subsection (f)(2), by inserting

15 ‘‘or investments in obligations of the Unit16 ed States’’ after ‘‘accounts’’;

17 (G) in section 320, as redesignated, by

18 striking ‘‘section 321’’ and inserting ‘‘section

19 319’’; and

20 (H) in section 509—

21 (i) in subsection (a)(1), by striking

22 the second sentence; and

23 (ii) in subsection (e)(1)(B), by strik24 ing ‘‘subsection (c) or (d) of section 301’’

25 and inserting ‘‘section 301’’.
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1 (2) AMENDMENT IN OTHER LAW.—Section

2 11(h) of the Federal Home Loan Bank Act (12

3 U.S.C. 1431(h)) is amended by striking ‘‘301(d)’’

4 and inserting ‘‘301’’.

5 (i) AMENDMENTS TO THE SMALL BUSINESS

6 ACT.—

7 (1) POWERS OF THE ADMINISTRATOR.—Section

8 5(b)(7) of the Small Business Act (15 U.S.C.

9 634(b)(7)) is amended by striking the colon and all

10 that follows before the semicolon at the end of the

11 paragraph and inserting the following: ‘‘: Provided,

12 That with respect to deferred participation loans,

13 the Administrator may, in the discretion of and pur14 suant to regulations promulgated by the Adminis15 trator, authorize participating lending institutions to

16 take actions relating to loan servicing on behalf of

17 the Administrator, including determining eligibility

18 and creditworthiness and loan monitoring, collection,

19 and liquidation’’.

20 (2) AUTHORIZATION OF APPROPRIATIONS.—

21 Section 20(p)(3) of the Small Business Act (15

22 U.S.C. 631 note) is amended by striking subpara23 graph (B) and inserting the following:

24 ‘‘(B) $300,000,000 in guarantees of de25 bentures; and’’.
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1 (j) EFFECTIVE DATE.—This section and the

2 amendments made by this section shall become effective

3 on the date of enactment of this Act.

4 DIVISION E

5 TITLE I—CALIFORNIA BAY6 DELTA ENVIRONMENTAL EN7 HANCEMENT AND WATER SE8 CURITY ACT

9 SEC. 101. SHORT TITLE.

10 This title may be cited as the ‘‘California Bay11 Delta Environmental Enhancement and Water Security

12 Act.’’

13 SEC. 102. PROGRAM FUNDING.

14 (a) AUTHORIZATION OF APPROPRIATIONS.—For

15 each of the fiscal years 1998, 1999 and 2000, there are

16 authorized to be appropriated an additional

17 $143,300,000 for both (1) the initial Federal share of the

18 cost of developing and implementing that portion of an

19 ecosystem protection plan for the Bay-Delta, referred to

20 as ‘‘the Category III program’’ emanating out of the doc21 ument entitled ‘‘Principles for Agreement on Bay-Delta

22 Standards Between the State of California and the Fed23 eral Government,’’ dated December 15, 1994, and, (2)

24 the initial Federal share of the cost of developing and im25 plementing the ecosystem restoration elements of the
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1 long-term CALFED Bay-Delta Program, pursuant to the

2 cost-sharing agreement required by Section 78684.10 of

3 California Senate Bill 900, Chapter 135, Statutes of

4 1996, signed by the Governor of California on July 11,

5 1996. Funds appropriated pursuant to this section shall

6 remain available until expended and shall be administered

7 in accordance with procedures established by CALFED

8 Bay-Delta Program until Congress authorizes another

9 entity that is recommended by CALFED Bay-Delta Pro10 gram to carry out this section.

11 (b) Funds authorized to be appropriated pursuant

12 to this section to those agencies that are currently or

13 subsequently become participants in the CALFED Bay14 Delta Program shall be in addition to the baseline fund15 ing levels established pursuant to section 103 of this title,

16 for currently authorized projects and programs under the

17 Central Valley Project Improvement Act, Title 34 of Pub18 lic Law 102–575 and other currently authorized Federal

19 programs for the purpose of Bay-Delta ecosystem protec20 tion and restoration.

21 (c) Nothing in this title shall be deemed to dimin22 ish the Federal interest in and responsibility for working

23 with the State of California through the CALFED Bay24 Delta Program in developing, funding and implementing

25 a balanced, long-term solution to the problems of eco-
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1 system quality, water quality, water supply and reliabil2 ity, and system vulnerability affecting the San Francisco

3 Bay/Sacramento-San Joaquin Delta Watershed in Cali4 fornia. Participation in such long-term solution shall only

5 be undertaken pursuant to authorization provided by law

6 other than this title, and shall be based on the equitable

7 allocation of program costs among beneficiary groups

8 that the CALFED Bay-Delta programs shall develop.

9 (d) To the extent not otherwise authorized, those

10 agencies and departments that are currently or subse11 quently become participants in the CALFED Bay-Delta

12 Program are hereby authorized to undertake the activi13 ties and programs for which Federal cost sharing is pro14 vided by this section. The United States shall imme15 diately initiate coordinated consultations and negotiations

16 with the State of California to expeditiously execute the

17 cost-sharing agreement required by Section 78684.10 of

18 California Senate Bill 900, Chapter 135, Statutes of

19 1996, signed by the Governor of California on July 11,

20 1996. Such activities shall include, but not be limited to,

21 planning, design, technical assistance and construction

22 for ecosystem restoration programs and projects.

23 SEC.103. BUDGET CROSSCUT.

24 The Office of Management and Budget is directed

25 to submit to the House and Senate Committees on Ap-
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HR 4278 RDS

1 propriations, as part of the President’s Fiscal Year 1998

2 Budget, an interagency budget crosscut that displays

3 Federal spending for fiscal years 1993 through 1998 on

4 ecosystem restoration and other purposes in the Bay5 Delta region, separately showing funding provided pre6 viously or requested under both pre-existing authorities

7 and new authorities granted by this title.

8 SEC. 104. EFFECTIVE DATE.

9 Section 102 of this title shall take effect on the

10 date of passage of California State Proposition 204.

11 This Act may be cited as the ‘‘Omnibus Consoli12 dated Appropriations Act, 1997’’

Passed the House of Representatives September 28,

1996.

Attest: ROBIN H. CARLE,

Clerk.