```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4278 Received in Senate (RDS)]

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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

                               division a

That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the several departments, 
agencies, corporations and other organizational units of the Government 
for the fiscal year 1997, and for other purposes, namely:

                    TITLE I--OMNIBUS APPROPRIATIONS

          Sec. 101(a) For programs, projects or activities in the 
Departments of Commerce, Justice, and State, the Judiciary, and Related 
Agencies Appropriations Act, 1997, provided as follows, to be effective 
as if it had been enacted into law as the regular appropriations Act:

                                 AN ACT

          Making appropriations for the Departments of Commerce, 
Justice, and State, the Judiciary, and related agencies for the fiscal 
year ending September 30, 1997, and for other purposes.

                     TITLE I--DEPARTMENT OF JUSTICE

                         General Administration

                         salaries and expenses

          For expenses necessary for the administration of the 
Department of Justice, $75,773,000; of which not to exceed $3,317,000 
is for the Facilities Program 2000, to remain available until expended: 
Provided, That not to exceed 43 permanent positions and 44 full-time 
equivalent workyears and $7,477,000 shall be expended for the 
Department Leadership Program exclusive of augmentation that occurred 
in these offices in fiscal year 1996: Provided further, That not to 
exceed 41 permanent positions and 48 full-time equivalent workyears and 
$4,660,000 shall be expended for the Offices of Legislative Affairs and 
Public Affairs: Provided further, That the latter two aforementioned 
offices shall not be augmented by personnel details, temporary 
transfers of personnel on either a reimbursable or non-reimbursable 
basis or any other type of formal or informal transfer or reimbursement 
of personnel or funds on either a temporary or long-term basis.
          For an additional amount, for enhancements for the Office of 
Intelligence Policy and Review and security measures, $3,600,000; of 
which $2,170,000 is for security enhancements: Provided, That the 
entire amount is designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended.

                         counterterrorism fund

          For necessary expenses, as determined by the Attorney 
General, $9,450,000, to remain available until expended, to reimburse 
any Department of Justice organization for (1) the costs incurred in 
reestablishing the operational capability of an office or facility 
which has been damaged or destroyed as a result of the bombing of the 
Alfred P. Murrah Federal Building in Oklahoma City or any domestic or 
international terrorist incident, (2) the costs of providing support to 
counter, investigate or prosecute domestic or international terrorism, 
including payment of rewards in connection with these activities, and 
(3) the costs of conducting a terrorism threat assessment of Federal 
agencies and their facilities: Provided, That funds provided under this 
heading shall be available only after the Attorney General notifies the 
Committees on Appropriations of the House of Representatives and the 
Senate in accordance with section 605 of this Act.
          For an additional amount for necessary expenses, as 
determined by the Attorney General, $20,000,000, to remain available 
until expended, to reimburse any Department of Justice organization for 
(1) the costs incurred in reestablishing the operational capability of 
an office or facility which has been damaged or destroyed as a result 
of any domestic or international terrorist incident, or (2) the costs 
of providing support to counter, investigate or prosecute domestic or 
international terrorism, including payment of rewards in connection 
with these activities: Provided, That the entire amount is designated 
by Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended.

                   administrative review and appeals

          For expenses necessary for the administration of pardon and 
clemency petitions and immigration related activities, $62,000,000.
          For an additional amount for security measures for the 
Executive Office of Immigration Review, $1,000,000: Provided, That the 
entire amount is designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget, and 
Emergency Deficit Control Act of 1985, as amended.

  violent crime reduction programs, administrative review and appeals

          For activities authorized by section 130005 of the Violent 
Crime Control and Law Enforcement Act of 1994 (Public Law 103-322), as 
amended, $48,000,000, to remain available until expended, which shall 
be derived from the Violent Crime Reduction Trust Fund.

                      office of inspector general

          For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $31,960,000; including not to exceed $10,000 to meet 
unforeseen emergencies of a confidential character, to be expended 
under the direction of, and to be accounted for solely under the 
certificate of, the Attorney General; and for the acquisition, lease, 
maintenance, and operation of motor vehicles, without regard to the 
general purchase price limitation for the current fiscal year.

                    United States Parole Commission

                         salaries and expenses

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

                            Legal Activities

            salaries and expenses, general legal activities

          For expenses, necessary for the legal activities of the 
Department of Justice, not otherwise provided for, including not to 
exceed $20,000 for expenses of collecting evidence, to be expended 
under the direction of, and to be accounted for solely under the 
certificate of, the Attorney General; and rent of private or 
Government-owned space in the District of Columbia; $420,793,000; of 
which not to exceed $10,000,000 for litigation support contracts shall 
remain available until expended: Provided, That of the funds available 
in this appropriation, not to exceed $17,525,000 shall remain available 
until expended for office automation systems for the legal divisions 
covered by this appropriation, and for the United States Attorneys, the 
Antitrust Division, and offices funded through ``Salaries and 
Expenses'', General Administration: Provided further, That of the total 
amount appropriated, not to exceed $1,000 shall be available to the 
United States National Central Bureau, INTERPOL, for official reception 
and representation expenses: Provided further, That notwithstanding 31 
U.S.C. 1342, the Attorney General may accept on behalf of the United 
States, and credit to this appropriation, gifts of money, personal 
property and services, for the purposes of hosting the International 
Criminal Police Organization's (INTERPOL) American Regional Conference 
in the United States during fiscal year 1997: Provided further, That 
not to exceed 8 permanent positions and 10 full-time equivalent 
workyears and $987,000 shall be expended for the Office of Legislative 
Affairs and Public Affairs: Provided further, That the latter two 
aforementioned offices shall not be augmented by personnel details, 
temporary transfers of personnel on either a reimbursable or 
nonreimbursable basis or any other type of formal or informal transfer 
or reimbursement of personnel or funds on either a temporary or long-
term basis.
          In addition, for reimbursement of expenses of the Department 
of Justice associated with processing cases under the National 
Childhood Vaccine Injury Act of 1986 as amended, not to exceed 
$4,028,000, to be appropriated from the Vaccine Injury Compensation 
Trust Fund.
          For an additional amount for expenses of the Criminal 
Division relating to terrorism, $1,719,000: Provided, That the entire 
amount is designated by Congress as an emergency requirement pursuant 
to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.

       violent crime reduction programs, general legal activities

          For the expeditious deportation of denied asylum applicants, 
as authorized by section 130005 of the Violent Crime Control and Law 
Enforcement Act of 1994 (Public Law 103-322), as amended, $7,750,000, 
to remain available until expended, which shall be derived from the 
Violent Crime Reduction Trust Fund.

               salaries and expenses, antitrust division

          For expenses necessary for the enforcement of antitrust and 
kindred laws, $76,447,000: Provided, That notwithstanding any other 
provision of law, not to exceed $58,905,000 of offsetting collections 
derived from fees collected for premerger notification filings under 
the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 
18(a)) shall be retained and used for necessary expenses in this 
appropriation, and shall remain available until expended: Provided 
further, That the sum herein appropriated from the General Fund shall 
be reduced as such offsetting collections are received during fiscal 
year 1997, so as to result in a final fiscal year 1997 appropriation 
from the General Fund estimated at not more than $17,542,000: Provided 
further, That any fees received in excess of $58,905,000 in fiscal year 
1997, shall remain available until expended, but shall not be available 
for obligation until October 1, 1997.

             salaries and expenses, united states attorneys

          For necessary expenses of the Office of the United States 
Attorneys, including intergovernmental agreements, $923,340,000; of 
which not to exceed $2,500,000 shall be available until September 30, 
1998, for the purposes of (1) providing training of personnel of the 
Department of Justice in debt collection, (2) providing services to the 
Department of Justice related to locating debtors and their property, 
such as title searches, debtor skiptracing, asset searches, credit 
reports and other investigations, (3) paying the costs of the 
Department of Justice for the sale of property not covered by the sale 
proceeds, such as auctioneers' fees and expenses, maintenance and 
protection of property and businesses, advertising and title search and 
surveying costs, and (4) paying the costs of processing and tracking 
debts owed to the United States Government: Provided, That of the total 
amount appropriated, not to exceed $8,000 shall be available for 
official reception and representation expenses: Provided further, That 
not to exceed $10,000,000 of those funds available for automated 
litigation support contracts shall remain available until expended: 
Provided further, That $1,900,000 for supervision of the International 
Brotherhood of Teamsters national election, shall remain available 
until expended: Provided further, That in addition to reimbursable 
full-time equivalent workyears available to the Office of the United 
States Attorneys, not to exceed 8,652 positions and 8,936 full-time 
equivalent workyears shall be supported from the funds appropriated in 
this Act for the United States Attorneys.
          For an additional amount for expenses relating to terrorism 
and security needs, $10,900,000: Provided, That the entire amount is 
designated by Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended.

       violent crime reduction programs, united states attorneys

          For activities authorized by sections 40114, 130005, 
190001(b), 190001(d) and 250005 of the Violent Crime Control and Law 
Enforcement Act of 1994 (Public Law 103-322), as amended, and section 
815 of the Antiterrorism and Effective Death Penalty Act of 1996 
(Public Law 104-132), $43,876,000, to remain available until expended, 
which shall be derived from the Violent Crime Reduction Trust Fund, of 
which $28,602,000 shall be available to help meet the increased demands 
for litigation and related activities, $4,641,000 for Southwest Border 
Control, $1,000,000 for Federal victim counselors, and $9,633,000 for 
expeditious deportation of denied asylum applicants.

                   united states trustee system fund

          For necessary expenses of the United States Trustee Program, 
as authorized by 28 U.S.C. 589a(a), $107,950,000, to remain available 
until expended and to be derived from the United States Trustee System 
Fund: Provided, That notwithstanding any other provision of law, 
deposits to the Fund shall be available in such amounts as may be 
necessary to pay refunds due depositors: Provided further, That 
notwithstanding any other provision of law, $107,950,000 of offsetting 
collections derived from fees collected pursuant to 28 U.S.C. 589a(b) 
shall be retained and used for necessary expenses in this appropriation 
and remain available until expended: Provided further, That the sum 
herein appropriated from the Fund shall be reduced as such offsetting 
collections are received during fiscal year 1997, so as to result in a 
final fiscal year 1997 appropriation from the Fund estimated at $0: 
Provided further, That any such fees collected in excess of 
$107,950,000 in fiscal year 1997 shall remain available until expended 
but shall not be available for obligation until October 1, 1997.

      salaries and expenses, foreign claims settlement commission

          For expenses necessary to carry out the activities of the 
Foreign Claims Settlement Commission, including services as authorized 
by 5 U.S.C. 3109, $953,000.

         salaries and expenses, united states marshals service

          For necessary expenses of the United States Marshals Service; 
including the acquisition, lease, maintenance, and operation of 
vehicles and aircraft, and the purchase of passenger motor vehicles for 
police-type use, without regard to the general purchase price 
limitation for the current fiscal year, $457,495,000, as authorized by 
28 U.S.C. 561(i); of which not to exceed $6,000 shall be available for 
official reception and representation expenses; and of which not to 
exceed $4,000,000 for development, implementation, maintenance and 
support, and training for an automated prisoner information system, and 
$2,200,000 to support the Justice Prisoner and Alien Transportation 
System, shall remain available until expended: Provided, That, with 
respect to the amounts appropriated above, the service of maintaining 
and transporting State, local, or territorial prisoners shall be 
considered a specialized or technical service for purposes of 31 U.S.C. 
6505, and any prisoners so transported shall be considered persons 
(transported for other than commercial purposes) whose presence is 
associated with the performance of a governmental function for purposes 
of 49 U.S.C. 40102: Provided further, That not to exceed 12 permanent 
positions and 12 full-time equivalent workyears and $700,000 shall be 
expended for the Offices of Legislative Affairs and Public Affairs: 
Provided further, That the latter two aforementioned offices shall not 
be augmented by personnel details, temporary transfers of personnel on 
either a reimbursable or nonreimbursable basis or any other type of 
formal or informal transfer or reimbursement of personnel or funds on 
either a temporary or long-term basis.

    violent crime reduction programs, united states marshals service

          For activities authorized by section 190001(b) of the Violent 
Crime Control and Law Enforcement Act of 1994 (Public Law 103-322), as 
amended, $25,000,000, to remain available until expended, which shall 
be derived from the Violent Crime Reduction Trust Fund.

                       federal prisoner detention

          For expenses, related to United States prisoners in the 
custody of the United States Marshals Service as authorized in 18 
U.S.C. 4013, but not including expenses otherwise provided for in 
appropriations available to the Attorney General, $405,262,000, as 
authorized by 28 U.S.C. 561(i), to remain available until expended: 
Provided, That this appropriation hereafter shall not be available for 
expenses authorized under 18 U.S.C. 4013(a)(4).

                     fees and expenses of witnesses

          For expenses, mileage, compensation, and per diems of 
witnesses, for expenses of contracts for the procurement and 
supervision of expert witnesses, for private counsel expenses, and for 
per diems in lieu of subsistence, as authorized by law, including 
advances, $100,702,000, to remain available until expended; of which 
not to exceed $4,750,000 may be made available for planning, 
construction, renovations, maintenance, remodeling, and repair of 
buildings, and the purchase of equipment incident thereto, for 
protected witness safesites; of which not to exceed $1,000,000 may be 
made available for the purchase and maintenance of armored vehicles for 
transportation of protected witnesses; and of which not to exceed 
$4,000,000 may be made available for the purchase, installation and 
maintenance of a secure, automated information network to store and 
retrieve the identities and locations of protected witnesses.

           salaries and expenses, community relations service

          For necessary expenses of the Community Relations Service, 
established by title X of the Civil Rights Act of 1964, $5,319,000: 
Provided, That notwithstanding any other provision of law, upon a 
determination by the Attorney General that emergent circumstances 
require additional funding for conflict prevention and resolution 
activities of the Community Relations Service, the Attorney General may 
transfer such amounts to the Community Relations Service, from 
available appropriations for the current fiscal year for the Department 
of Justice, as may be necessary to respond to such circumstances: 
Provided further, That any transfer pursuant to this paragraph shall be 
treated as a reprogramming under section 605 of this Act and shall not 
be available for obligation or expenditure except in compliance with 
the procedures set forth in that section.

                         assets forfeiture fund

          For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii), (B), 
(C), (F), and (G), as amended, $23,000,000, to be derived from the 
Department of Justice Assets Forfeiture Fund.

                    Radiation Exposure Compensation

                        administrative expenses

          For necessary administrative expenses in accordance with the 
Radiation Exposure Compensation Act, $2,000,000.

         payment to radiation exposure compensation trust fund

          For payments to the Radiation Exposure Compensation Trust 
Fund, $13,736,000, not to be available for obligation until September 
30, 1997.

                      Interagency Law Enforcement

                 interagency crime and drug enforcement

          For necessary expenses for the detection, investigation, and 
prosecution of individuals involved in organized crime drug trafficking 
not otherwise provided for, to include intergovernmental agreements 
with State and local law enforcement agencies engaged in the 
investigation and prosecution of individuals involved in organized 
crime drug trafficking, $359,430,000, of which $50,000,000 shall remain 
available until expended: Provided, That any amounts obligated from 
appropriations under this heading may be used under authorities 
available to the organizations reimbursed from this appropriation: 
Provided further, That any unobligated balances remaining available at 
the end of the fiscal year shall revert to the Attorney General for 
reallocation among participating organizations in succeeding fiscal 
years, subject to the reprogramming procedures described in section 605 
of this Act.

                    Federal Bureau of Investigation

                         salaries and expenses

          For necessary expenses of the Federal Bureau of Investigation 
for detection, investigation, and prosecution of crimes against the 
United States; including purchase for police-type use of not to exceed 
2,706 passenger motor vehicles, of which 1,945 will be for replacement 
only, without regard to the general purchase price limitation for the 
current fiscal year, and hire of passenger motor vehicles; acquisition, 
lease, maintenance, and operation of aircraft; and not to exceed 
$70,000 to meet unforeseen emergencies of a confidential character, to 
be expended under the direction of, and to be accounted for solely 
under the certificate of, the Attorney General; $2,451,361,000, of 
which not to exceed $50,000,000 for automated data processing and 
telecommunications and technical investigative equipment and $1,000,000 
for undercover operations shall remain available until September 30, 
1998; of which not less than $147,081,000 shall be for counterterrorism 
investigations, foreign counterintelligence, and other activities 
related to our national security; of which not to exceed $98,400,000 
shall remain available until expended; and of which not to exceed 
$10,000,000 is authorized to be made available for making payments or 
advances for expenses arising out of contractual or reimbursable 
agreements with State and local law enforcement agencies while engaged 
in cooperative activities related to violent crime, terrorism, 
organized crime, and drug investigations; and of which $1,500,000 shall 
be available to maintain an independent program office dedicated solely 
to the relocation of the Criminal Justice Information Services Division 
and the automation of fingerprint identification services: Provided, 
That not to exceed $45,000 shall be available for official reception 
and representation expenses: Provided further, That not to exceed 81 
permanent positions and 85 full-time equivalent workyears and 
$5,959,000 shall be expended for the Office of Legislative Affairs and 
Public Affairs: Provided further, That the latter two aforementioned 
offices shall not be augmented by personnel details, temporary 
transfers of personnel on either a reimbursable or nonreimbursable 
basis or any other type of formal or informal transfer or reimbursement 
of personnel or funds on either a temporary or long-term basis.
          For an additional amount for necessary expenses of the 
Federal Bureau of Investigation to prevent and investigate terrorism 
activities and incidents; provide for additional agents and support 
staff; protect key physical assets; establish a capability for 
chemical, biological and nuclear research; improve domestic 
intelligence; and improve security at Federal Bureau of Investigation 
offices, $115,610,000, as authorized by the Antiterrorism and Effective 
Death Penalty Act of 1996 (P.L. 104-132): Provided, That the entire 
amount is designated by Congress as an emergency requirement pursuant 
to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.

                    violent crime reduction programs

          For activities authorized by the Violent Crime Control and 
Law Enforcement Act of 1994 (Public Law 103-322) as amended (``the 1994 
Act''), and the Antiterrorism and Effective Death Penalty Act of 1996 
(``the Antiterrorism Act''), $169,000,000, to remain available until 
expended, which shall be derived from the Violent Crime Reduction Trust 
Fund; of which $76,356,000 shall be for activities authorized by 
section 190001(c) of the 1994 Act and section 811 of the Antiterrorism 
Act; $53,404,000 shall be for activities authorized by section 
190001(b) of the 1994 Act, of which $20,240,000 shall be for activities 
authorized by section 103 of the Brady Handgun Violence Prevention Act 
(Public Law 103-159), as amended; $4,000,000 shall be for training and 
investigative assistance authorized by section 210501 of the 1994 Act; 
$9,500,000 shall be for grants to States, as authorized by section 
811(b) of the Antiterrorism Act; and $5,500,000 shall be for 
establishing DNA quality-assurance and proficiency-testing standards, 
establishing an index to facilitate law enforcement exchange of DNA 
identification information, and related activities authorized by 
section 210501 of the 1994 Act.

               telecommunications carrier compliance fund

          For necessary expenses, as determined by the Attorney 
General, $60,000,000, to remain available until expended, to be 
deposited in the Telecommunications Carrier Compliance Fund for making 
payments to telecommunications carriers, equipment manufacturers, and 
providers of telecommunications support services pursuant to section 
110 of this Act: Provided, That the entire amount is designated by 
Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further, That the entire amount not 
previously designated by the President as an emergency requirement 
shall be available only to the extent an official budget request, for a 
specific dollar amount that includes designation of the entire amount 
of the request as an emergency requirement, as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, is 
transmitted to Congress.

                              construction

          For necessary expenses to construct or acquire buildings and 
sites by purchase, or as otherwise authorized by law (including 
equipment for such buildings); conversion and extension of federally-
owned buildings; and preliminary planning and design of projects; 
$41,639,000, to remain available until expended.

                    Drug Enforcement Administration

                         salaries and expenses

          For necessary expenses of the Drug Enforcement 
Administration, including not to exceed $70,000 to meet unforeseen 
emergencies of a confidential character, to be expended under the 
direction of, and to be accounted for solely under the certificate of, 
the Attorney General; expenses for conducting drug education and 
training programs, including travel and related expenses for 
participants in such programs and the distribution of items of token 
value that promote the goals of such programs; purchase of not to 
exceed 1,158 passenger motor vehicles, of which 1,032 will be for 
replacement only, for police-type use without regard to the general 
purchase price limitation for the current fiscal year; and acquisition, 
lease, maintenance, and operation of aircraft; $745,388,000, of which 
not to exceed $1,800,000 for research and $15,000,000 for transfer to 
the Drug Diversion Control Fee Account for operating expenses shall 
remain available until expended, and of which not to exceed $4,000,000 
for purchase of evidence and payments for information, not to exceed 
$4,000,000 for contracting for automated data processing and 
telecommunications equipment, and not to exceed $2,000,000 for 
laboratory equipment, $4,000,000 for technical equipment, and 
$2,000,000 for aircraft replacement retrofit and parts, shall remain 
available until September 30, 1998; and of which not to exceed $50,000 
shall be available for official reception and representation expenses: 
Provided, That not to exceed 25 permanent positions and 25 full-time 
equivalent workyears and $1,828,000 shall be expended for the Office of 
Legislative Affairs and Public Affairs: Provided further, That the 
latter two aforementioned offices shall not be augmented by personnel 
details, temporary transfers of personnel on either a reimbursable or 
nonreimbursable basis or any other type of formal or informal transfer 
or reimbursement of personnel or funds on either a temporary or long-
term basis.
          For an additional amount for security measures for domestic 
and foreign Drug Enforcement Administration offices, $5,000,000: 
Provided, That the entire amount is designated by Congress as an 
emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                    violent crime reduction programs

          For activities authorized by sections 180104 and 190001(b) of 
the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 
103-322), as amended, and section 814 of the Antiterrorism and 
Effective Death Penalty Act of 1996 (Public Law 104-132), and for the 
purchase of passenger motor vehicles for police-type use, as otherwise 
authorized in this title, $220,000,000, to remain available until 
expended, which shall be derived from the Violent Crime Reduction Trust 
Fund.

                              construction

          For necessary expenses to construct or acquire buildings and 
sites by purchase, or as otherwise authorized by law (including 
equipment for such buildings); conversion and extension of federally-
owned buildings; and preliminary planning and design of projects; 
$30,806,000, to remain available until expended.

                 Immigration and Naturalization Service

                         salaries and expenses

                     (including transfer of funds)

          For expenses, not otherwise provided for, necessary for the 
administration and enforcement of the laws relating to immigration, 
naturalization, and alien registration, including not to exceed $50,000 
to meet unforeseen emergencies of a confidential character, to be 
expended under the direction of, and to be accounted for solely under 
the certificate of, the Attorney General; purchase for police type use 
(not to exceed 2,691, of which 1,711 are for replacement only), without 
regard to the general purchase price limitation for the current fiscal 
year, and hire of passenger motor vehicles; acquisition, lease, 
maintenance and operation of aircraft; and research related to 
immigration enforcement; $1,590,159,000 of which not to exceed $400,000 
for research shall remain available until expended; and of which not to 
exceed $10,000,000 shall be available for costs associated with the 
training program for basic officer training, and $5,000,000 is for 
payments or advances arising out of contractual or reimbursable 
agreements with State and local law enforcement agencies while engaged 
in cooperative activities related to immigration: Provided, That none 
of the funds available to the Immigration and Naturalization Service 
shall be available to pay any employee overtime pay in an amount in 
excess of $30,000 during the calendar year beginning January 1, 1997: 
Provided further, That uniforms may be purchased without regard to the 
general purchase price limitation for the current fiscal year: Provided 
further, That not to exceed $5,000 shall be available for official 
reception and representation expenses: Provided further, That none of 
the funds provided in this or any other Act shall be used for the 
continued operation of the San Clemente and Temecula checkpoints unless 
the checkpoints are open and traffic is being checked on a continuous 
24-hour basis: Provided further, That the Land Border Fee Pilot Project 
scheduled to end September 30, 1996, is extended to September 30, 1999, 
for projects on both the northern and southern borders of the United 
States, except that no pilot program may implement a universal land 
border crossing toll: Provided further, That obligated and unobligated 
balances available to ``Salaries and Expenses, Community Relations 
Service'' under section 501(c) of the Refugee Education Assistance Act 
of 1980 are transferred to this account and shall remain available 
until expended: Provided further, That not to exceed 48 permanent 
positions and 48 full-time equivalent workyears and $4,628,000 shall be 
expended for the Office of Legislative Affairs and Public Affairs: 
Provided further, That the latter two aforementioned offices shall not 
be augmented by personnel details, temporary transfers of personnel on 
either a reimbursable or nonreimbursable basis or any other type of 
formal or informal transfer or reimbursement of personnel or funds on 
either a temporary or long-term basis.
          For an additional amount to support the detention and removal 
of aliens with ties to terrorist organizations and expand the detention 
and removal of illegal aliens and enhance the intelligence of the 
Immigration and Naturalization Service, $15,000,000, of which 
$10,000,000 shall be for detention and removal of aliens: Provided, 
That the entire amount is designated by Congress as an emergency 
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended.

                    violent crime reduction programs

          For activities authorized by sections 130002, 130005, 130006, 
130007, and 190001(b) of the Violent Crime Control and Law Enforcement 
Act of 1994 (Public Law 103-322), as amended, and section 813 of the 
Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-
132), $500,000,000, to remain available until expended, which will be 
derived from the Violent Crime Reduction Trust Fund, of which 
$66,217,000 shall be for expeditious deportation of denied asylum 
applicants, $317,256,000 shall be for improving border controls, and 
$116,527,000 shall be for detention and deportation proceedings: 
Provided, That amounts not required for asylum processing provided 
under the expeditious deportation of denied asylum applicants shall 
also be available for other deportation program activities.

                              construction

          For planning, construction, renovation, equipping, and 
maintenance of buildings and facilities necessary for the 
administration and enforcement of the laws relating to immigration, 
naturalization, and alien registration, not otherwise provided for, 
$9,841,000, to remain available until expended.

                         Federal Prison System

                         salaries and expenses

          For expenses necessary for the administration, operation, and 
maintenance of Federal penal and correctional institutions, including 
purchase (not to exceed 836, of which 572 are for replacement only) and 
hire of law enforcement and passenger motor vehicles, and for the 
provision of technical assistance and advice on corrections related 
issues to foreign governments; $2,768,316,000: Provided, That the 
Attorney General may transfer to the Health Resources and Services 
Administration such amounts as may be necessary for direct expenditures 
by that Administration for medical relief for inmates of Federal penal 
and correctional institutions: Provided further, That the Director of 
the Federal Prison System (FPS), where necessary, may enter into 
contracts with a fiscal agent/fiscal intermediary claims processor to 
determine the amounts payable to persons who, on behalf of the FPS, 
furnish health services to individuals committed to the custody of the 
FPS: Provided further, That uniforms may be purchased without regard to 
the general purchase price limitation for the current fiscal year: 
Provided further, That not to exceed $6,000 shall be available for 
official reception and representation expenses: Provided further, That 
not to exceed $90,000,000 for the activation of new facilities shall 
remain available until September 30, 1998: Provided further, That of 
the amounts provided for Contract Confinement, not to exceed 
$20,000,000 shall remain available until expended to make payments in 
advance for grants, contracts and reimbursable agreements, and other 
expenses authorized by section 501(c) of the Refugee Education 
Assistance Act of 1980, as amended, for the care and security in the 
United States of Cuban and Haitian entrants: Provided further, That 
notwithstanding section 4(d) of the Service Contract Act of 1965 (41 
U.S.C. 353(d)), FPS may enter into contracts and other agreements with 
private entities for periods of not to exceed 3 years and 7 additional 
option years for the confinement of Federal prisoners: Provided 
further, That the National Institute of Corrections hereafter shall be 
included in the FPS Salaries and Expenses budget, in the Contract 
Confinement program and shall continue to perform its current functions 
under 18 U.S.C. 4351, et seq., with the exception of its grant program 
and shall collect reimbursement for services whenever possible: 
Provided further, That any unexpended balances available to the 
``National Institute of Corrections'' account shall be credited to and 
merged with this appropriation, to remain available until expended.

                    violent crime reduction programs

          For substance abuse treatment in Federal prisons as 
authorized by section 32001(e) of the Violent Crime Control and Law 
Enforcement Act of 1994 (Public Law 103-322), as amended, $25,224,000, 
to remain available until expended, which shall be derived from the 
Violent Crime Reduction Trust Fund.

                        buildings and facilities

          For planning, acquisition of sites and construction of new 
facilities; leasing the Oklahoma City Airport Trust Facility; purchase 
and acquisition of facilities and remodeling, and equipping of such 
facilities for penal and correctional use, including all necessary 
expenses incident thereto, by contract or force account; and 
constructing, remodeling, and equipping necessary buildings and 
facilities at existing penal and correctional institutions, including 
all necessary expenses incident thereto, by contract or force account; 
$395,700,000, to remain available until expended, of which not to 
exceed $14,074,000 shall be available to construct areas for inmate 
work programs: Provided, That labor of United States prisoners may be 
used for work performed under this appropriation: Provided further, 
That not to exceed 10 percent of the funds appropriated to ``Buildings 
and Facilities'' in this Act or any other Act may be transferred to 
``Salaries and Expenses'', Federal Prison System, upon notification by 
the Attorney General to the Committees on Appropriations of the House 
of Representatives and the Senate in compliance with provisions set 
forth in section 605 of this Act: Provided further, That of the total 
amount appropriated, not to exceed $36,570,000 shall be available for 
the renovation and construction of United States Marshals Service 
prisoner-holding facilities.

                federal prison industries, incorporated

          The Federal Prison Industries, Incorporated, is hereby 
authorized to make such expenditures, within the limits of funds and 
borrowing authority available, and in accord with the law, and to make 
such contracts and commitments, without regard to fiscal year 
limitations as provided by section 9104 of title 31, United States 
Code, as may be necessary in carrying out the program set forth in the 
budget for the current fiscal year for such corporation, including 
purchase of (not to exceed five for replacement only) and hire of 
passenger motor vehicles.

   limitation on administrative expenses, federal prison industries, 
                              incorporated

          Not to exceed $3,042,000 of the funds of the corporation 
shall be available for its administrative expenses, and for services as 
authorized by 5 U.S.C. 3109, to be computed on an accrual basis to be 
determined in accordance with the corporation's current prescribed 
accounting system, and such amounts shall be exclusive of depreciation, 
payment of claims, and expenditures which the said accounting system 
requires to be capitalized or charged to cost of commodities acquired 
or produced, including selling and shipping expenses, and expenses in 
connection with acquisition, construction, operation, maintenance, 
improvement, protection, or disposition of facilities and other 
property belonging to the corporation or in which it has an interest.

                       Office of Justice Programs

                           justice assistance

          For grants, contracts, cooperative agreements, and other 
assistance authorized by title I of the Omnibus Crime Control and Safe 
Streets Act of 1968, as amended, and the Missing Children's Assistance 
Act, as amended, including salaries and expenses in connection 
therewith, and with the Victims of Crime Act of 1984, as amended, 
$101,429,000, to remain available until expended, as authorized by 
section 1001 of title I of the Omnibus Crime Control and Safe Streets 
Act, as amended by Public Law 102-534 (106 Stat. 3524).
          For an additional amount, $17,000,000, to remain available 
until expended; of which $5,000,000 shall be for Local Firefighter and 
Emergency Services Training Grants as authorized by section 819 of the 
Antiterrorism and Effective Death Penalty Act of 1996 (``the 
Antiterrorism Act''); of which $10,000,000 shall be for development of 
counterterrorism technologies to help State and local law enforcement 
combat terrorism, as authorized by section 821 of the Antiterrorism 
Act; of which $2,000,000 shall be for specialized multi-agency response 
training: Provided, That the entire amount is designated by Congress as 
an emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended: 
Provided further, That the entire amount not previously designated by 
the President as an emergency requirement shall be available only to 
the extent an official budget request, for a specific dollar amount 
that includes designation of the entire amount of the request as an 
emergency requirement, as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, is transmitted to Congress.

               state and local law enforcement assistance

          For grants, contracts, cooperative agreements, and other 
assistance authorized by part E of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968, as amended, for State and Local Narcotics 
Control and Justice Assistance Improvements, notwithstanding the 
provisions of section 511 of said Act, $361,000,000, to remain 
available until expended, as authorized by section 1001 of title I of 
said Act, as amended by Public Law 102-534 (106 Stat. 3524), of which 
$60,000,000 shall be available to carry out the provisions of chapter A 
of subpart 2 of part E of title I of said Act, for discretionary grants 
under the Edward Byrne Memorial State and Local Law Enforcement 
Assistance Programs.

   violent crime reduction programs, state and local law enforcement 
                               assistance

          For assistance (including amounts for administrative costs 
for management and administration, which amounts shall be transferred 
to and merged with the ``Justice Assistance'' account) authorized by 
the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 
103-322), as amended (``the 1994 Act''); the Omnibus Crime Control and 
Safe Streets Act of 1968, as amended (``the 1968 Act''); and the 
Victims of Child Abuse Act of 1990, as amended (``the 1990 Act''); 
$2,036,150,000, to remain available until expended, which shall be 
derived from the Violent Crime Reduction Trust Fund; of which 
$523,000,000 shall be for Local Law Enforcement Block Grants, pursuant 
to H.R. 728 as passed by the House of Representatives on February 14, 
1995, except that for purposes of this Act, the Commonwealth of Puerto 
Rico shall be considered a ``unit of local government'' as well as a 
``State'', for the purposes set forth in paragraphs (A), (B), (D), (F), 
and (I) of section 101(a)(2) of H.R. 728 and for establishing crime 
prevention programs involving cooperation between community residents 
and law enforcement personnel in order to control, detect, or 
investigate crime or the prosecution of criminals: Provided, That no 
funds provided under this heading may be used as matching funds for any 
other Federal grant program: Provided further, That $20,000,000 of this 
amount shall be for Boys and Girls Clubs in public housing facilities 
and other areas in cooperation with State and local law enforcement: 
Provided further, That funds may also be used to defray the costs of 
indemnification insurance for law enforcement officers; of which 
$50,000,000 shall be for grants to upgrade criminal records, as 
authorized by section 106(b) of the Brady Handgun Violence Prevention 
Act of 1993, as amended, and section 4(b) of the National Child 
Protection Act of 1993; of which $199,000,000 shall be available as 
authorized by section 1001 of title I of the 1968 Act, to carry out the 
provisions of subpart 1, part E of title I of the 1968 Act, 
notwithstanding section 511 of said Act, for the Edward Byrne Memorial 
State and Local Law Enforcement Assistance Programs; of which 
$330,000,000 shall be for the State Criminal Alien Assistance Program, 
as authorized by section 242(j) of the Immigration and Nationality Act, 
as amended; of which $670,000,000 shall be for Violent Offender 
Incarceration and Truth in Sentencing Incentive Grants pursuant to 
subtitle A of title II of the 1994 Act, of which $170,000,000 shall be 
available for payments to States for incarceration of criminal aliens, 
and of which $12,500,000 shall be available for the Cooperative 
Agreement Program: Provided further, That funds made available for 
Violent Offender Incarceration and Truth in Sentencing Incentive Grants 
to the State of California may, at the discretion of the recipient, be 
used for payments for the incarceration of criminal aliens: Provided 
further, That beginning in fiscal year 1999, and thereafter, no funds 
shall be available to make grants to a State pursuant to section 20103 
or section 20104 of the Violent Crime Control and Law Enforcement Act 
of 1994 unless no later than September 1, 1998, such State has 
implemented a program of controlled substance testing and intervention 
for appropriate categories of convicted offenders during periods of 
incarceration and criminal justice supervision, with sanctions 
including denial or revocation of release for positive controlled 
substance tests, consistent with guidelines issued by the Attorney 
General; of which $6,000,000 shall be for the Court Appointed Special 
Advocate Program, as authorized by section 218 of the 1990 Act; of 
which $1,000,000 shall be for Child Abuse Training Programs for 
Judicial Personnel and Practitioners, as authorized by section 224 of 
the 1990 Act; of which $145,000,000 shall be for Grants to Combat 
Violence Against Women, to States, units of local government, and 
Indian tribal governments, as authorized by section 1001(a)(18) of the 
1968 Act; of which $33,000,000 shall be for Grants to Encourage Arrest 
Policies to States, units of local government, and Indian tribal 
governments, as authorized by section 1001(a)(19) of the 1968 Act; of 
which $8,000,000 shall be for Rural Domestic Violence and Child Abuse 
Enforcement Assistance Grants, as authorized by section 40295 of the 
1994 Act; of which $1,000,000 shall be for training programs to assist 
probation and parole officers who work with released sex offenders, as 
authorized by section 40152(c) of the 1994 Act; of which $550,000 shall 
be for grants for televised testimony, as authorized by section 
1001(a)(7) of the 1968 Act; of which $1,750,000 shall be for national 
stalker and domestic violence reduction, as authorized by section 40603 
of the 1994 Act; of which $30,000,000 shall be for grants for 
residential substance abuse treatment for State prisoners as authorized 
by section 1001(a)(17) of the 1968 Act; of which $3,000,000 shall be 
for grants to States and units of local government for projects to 
improve DNA analysis, as authorized by section 1001(a)(22) of the 1968 
Act; of which $900,000 shall be for the Missing Alzheimer's Disease 
Patient Alert Program, as authorized by section 240001(c) of the 1994 
Act; of which $750,000 shall be for Motor Vehicle Theft Prevention 
Programs, as authorized by section 220002(h) of the 1994 Act; of which 
$200,000 shall be for a National Baseline Study on Campus Sexual 
Assault, as authorized by section 40506(e) of the 1994 Act; of which 
$30,000,000 shall be for Drug Courts, as authorized by title V of the 
1994 Act; of which $1,000,000 shall be for Law Enforcement Family 
Support Programs, as authorized by section 1001(a)(21) of the 1968 Act; 
and of which $2,000,000 shall be for public awareness programs 
addressing marketing scams aimed at senior citizens, as authorized by 
section 250005(3) of the 1994 Act: Provided further, That funds made 
available in fiscal year 1997 under subpart 1 of part E of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968, as amended, may 
be obligated for programs to assist States in the litigation processing 
of death penalty Federal habeas corpus petitions and for drug testing 
initiatives: Provided further, That any 1996 balances for these 
programs shall be transferred to and merged with this appropriation: 
Provided further, That if a unit of local government uses any of the 
funds made available under this title to increase the number of law 
enforcement officers, the unit of local government will achieve a net 
gain in the number of law enforcement officers who perform 
nonadministrative public safety service.

                       weed and seed program fund

          For necessary expenses, including salaries and related 
expenses of the Executive Office for Weed and Seed, to implement ``Weed 
and Seed'' program activities, $28,500,000, which shall be derived from 
discretionary grants provided under the Edward Byrne Memorial State and 
Local Law Enforcement Assistance Programs, to remain available until 
expended for intergovernmental agreements, including grants, 
cooperative agreements, and contracts, with State and local law 
enforcement agencies engaged in the investigation and prosecution of 
violent crimes and drug offenses in ``Weed and Seed'' designated 
communities, and for either reimbursements or transfers to 
appropriation accounts of the Department of Justice and other Federal 
agencies which shall be specified by the Attorney General to execute 
the ``Weed and Seed'' program strategy: Provided, That funds designated 
by Congress through language for other Department of Justice 
appropriation accounts for ``Weed and Seed'' program activities shall 
be managed and executed by the Attorney General through the Executive 
Office for Weed and Seed: Provided further, That the Attorney General 
may direct the use of other Department of Justice funds and personnel 
in support of ``Weed and Seed'' program activities only after the 
Attorney General notifies the Committees on Appropriations of the House 
of Representatives and the Senate in accordance with section 605 of 
this Act.

                  Community Oriented Policing Services

                    violent crime reduction programs

          For activities authorized by the Violent Crime Control and 
Law Enforcement Act of 1994, Public Law 103-322 (``the 1994 Act'') 
(including administrative costs), $1,400,000,000, to remain available 
until expended, which shall be derived from the Violent Crime Reduction 
Trust Fund, for Public Safety and Community Policing Grants pursuant to 
title I of the 1994 Act: Provided, That not to exceed 186 permanent 
positions and 174 full-time equivalent workyears and $19,800,000 shall 
be expended for program management and administration.
          In addition, for programs of Police Corps education, training 
and service as set forth in sections 200101-200113 of the Violent Crime 
Control and Law Enforcement Act of 1994 (Public Law 103-322), 
$20,000,000, to remain available until expended, which shall be derived 
from the Violent Crime Reduction Trust Fund.

                       juvenile justice programs

          For grants, contracts, cooperative agreements, and other 
assistance authorized by the Juvenile Justice and Delinquency 
Prevention Act of 1974, as amended, including salaries and expenses in 
connection therewith to be transferred to and merged with the 
appropriations for Justice Assistance, $170,000,000, to remain 
available until expended, as authorized by section 299 of part I of 
title II and section 506 of title V of the Act, as amended by Public 
Law 102-586, of which (1) notwithstanding any other provision of law, 
$5,000,000 shall be available for expenses authorized by part A of 
title II of the Act, $86,500,000 shall be available for expenses 
authorized by part B of title II of the Act, and $29,500,000 shall be 
available for expenses authorized by part C of title II of the Act: 
Provided, That $16,500,000 of the amounts provided for part B of title 
II of the Act, as amended, is for the purpose of providing additional 
formula grants under part B, for innovative local law enforcement and 
community policing programs, to States that provide assurances to the 
Administrator that the State has in effect (or will have in effect no 
later than 1 year after date of application) policies and programs, 
that ensure that juveniles are subject to accountability-based 
sanctions for every act for which they are adjudicated delinquent; (2) 
$12,000,000 shall be available for expenses authorized by sections 281 
and 282 of part D of title II of the Act for prevention and treatment 
programs relating to juvenile gangs; (3) $10,000,000 shall be available 
for expenses authorized by section 285 of part E of title II of the 
Act; (4) $7,000,000 shall be available for expenses authorized by part 
G of title II of the Act for juvenile mentoring programs; and (5) 
$20,000,000 shall be available for expenses authorized by title V of 
the Act for incentive grants for local delinquency prevention programs: 
Provided, That upon the enactment of reauthorization legislation for 
Juvenile Justice Programs under the Juvenile Justice and Delinquency 
Prevention Act of 1974, as amended, funding provided in this Act shall 
from that date be subject to the provisions of that legislation and any 
provisions in this Act that are inconsistent with that legislation 
shall no longer have effect.
          In addition, for grants, contracts, cooperative agreements, 
and other assistance authorized by the Victims of Child Abuse Act of 
1990, as amended, $4,500,000, to remain available until expended, as 
authorized by sections 214B of the Act.

                    public safety officers benefits

          For payments authorized by part L of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796), as 
amended, such sums as are necessary, to remain available until 
expended, as authorized by section 6093 of Public Law 100-690 (102 
Stat. 4339-4340), and, in addition, $2,200,000, to remain available 
until expended, for payments as authorized by section 1201(b) of said 
Act.

               General Provisions--Department of Justice

          Sec. 101. In addition to amounts otherwise made available in 
this title for official reception and representation expenses, a total 
of not to exceed $45,000 from funds appropriated to the Department of 
Justice in this title shall be available to the Attorney General for 
official reception and representation expenses in accordance with 
distributions, procedures, and regulations established by the Attorney 
General.
          Sec. 102. Authorities contained in the Department of Justice 
Appropriation Authorization Act, Fiscal Year 1980 (Pub. L. 96-132, 93 
Stat. 1040 (1979)), as amended, shall remain in effect until the 
termination date of this Act or until the effective date of a 
Department of Justice Appropriation Authorization Act, whichever is 
earlier.
          Sec. 103. None of the funds appropriated by this title shall 
be available to pay for an abortion, except where the life of the 
mother would be endangered if the fetus were carried to term, or in the 
case of rape: Provided, That should this prohibition be declared 
unconstitutional by a court of competent jurisdiction, this section 
shall be null and void.
          Sec. 104. None of the funds appropriated under this title 
shall be used to require any person to perform, or facilitate in any 
way the performance of, any abortion.
          Sec. 105. Nothing in the preceding section shall remove the 
obligation of the Director of the Bureau of Prisons to provide escort 
services necessary for a female inmate to receive such service outside 
the Federal facility: Provided, That nothing in this section in any way 
diminishes the effect of section 104 intended to address the 
philosophical beliefs of individual employees of the Bureau of Prisons.
          Sec. 106. Notwithstanding any other provision of law, not to 
exceed $10,000,000 of the funds made available in this Act may be used 
to establish and publicize a program under which publicly-advertised, 
extraordinary rewards may be paid, which shall not be subject to 
spending limitations contained in sections 3059 and 3072 of title 18, 
United States Code: Provided, That any reward of $100,000 or more, up 
to a maximum of $2,000,000, may not be made without the personal 
approval of the President or the Attorney General and such approval may 
not be delegated.
          Sec. 107. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Justice in 
this Act, including those derived from the Violent Crime Reduction 
Trust Fund, may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided, That 
any transfer pursuant to this section shall be treated as a 
reprogramming of funds under section 605 of this Act and shall not be 
available for obligation except in compliance with the procedures set 
forth in that section.
          Sec. 108. Section 524(c)(8)(E) of title 28, United States 
Code, is amended by striking the year in the date therein contained and 
replacing the same with ``1996''.
          Sec. 109. (a) Section 1930(a) of title 28, United States 
Code, is amended in paragraph (3), by inserting ``$'' before ``800'', 
and in paragraph (6), by striking everything after ``total less than 
$15,000;'' and inserting in lieu thereof: ``$500 for each quarter in 
which disbursements total $15,000 or more but less than $75,000; $750 
for each quarter in which disbursements total $75,000 or more but less 
than $150,000; $1,250 for each quarter in which disbursements total 
$150,000 or more but less than $225,000; $1,500 for each quarter in 
which disbursements total $225,000 or more but less than $300,000; 
$3,750 for each quarter in which disbursements total $300,000 or more 
but less than $1,000,000; $5,000 for each quarter in which 
disbursements total $1,000,000 or more but less than $2,000,000; $7,500 
for each quarter in which disbursements total $2,000,000 or more but 
less than $3,000,000; $8,000 for each quarter in which disbursements 
total $3,000,000 or more but less than $5,000,000; $10,000 for each 
quarter in which disbursements total $5,000,000 or more. The fee shall 
be payable on the last day of the calendar month following the calendar 
quarter for which the fee is owed.''.
          (b) Section 589a of title 28, United States Code, is amended 
to read as follows:
``Sec. 589a. United States Trustee System Fund
          ``(a) There is hereby established in the Treasury of the 
United States a special fund to be known as the `United States Trustee 
System Fund' (hereinafter in this section referred to as the `Fund'). 
Monies in the Fund shall be available to the Attorney General without 
fiscal year limitation in such amounts as may be specified in 
appropriations Acts for the following purposes in connection with the 
operations of United States trustees--
            ``(1) salaries and related employee benefits;
            ``(2) travel and transportation;
            ``(3) rental of space;
            ``(4) communication, utilities, and miscellaneous computer 
        charges;
            ``(5) security investigations and audits;
            ``(6) supplies, books, and other materials for legal 
        research;
            ``(7) furniture and equipment;
            ``(8) miscellaneous services, including those obtained by 
        contract; and
            ``(9) printing.
          ``(b) For the purpose of recovering the cost of services of 
the United States Trustee System, there shall be deposited as 
offsetting collections to the appropriation `United States Trustee 
System Fund', to remain available until expended, the following--
            ``(1) 23.08 percent of the fees collected under section 
        1930(a)(1) of this title;
            ``(2) one-half of the fees collected under section 
        1930(a)(3) of this title;
            ``(3) one-half of the fees collected under section 
        1930(a)(4) of this title;
            ``(4) one-half of the fees collected under section 
        1930(a)(5) of this title;
            ``(5) 100 percent of the fees collected under section 
        1930(a)(6) of this title;
            ``(6) three-fourths of the fees collected under the last 
        sentence of section 1930(a) of this title;
            ``(7) the compensation of trustees received under section 
        330(d) of title 11 by the clerks of the bankruptcy courts; and
            ``(8) excess fees collected under section 586(e)(2) of this 
        title.
          ``(c) Amounts in the Fund which are not currently needed for 
the purposes specified in subsection (a) shall be kept on deposit or 
invested in obligations of, or guaranteed by, the United States.
          ``(d) The Attorney General shall transmit to the Congress, 
not later than 120 days after the end of each fiscal year, a detailed 
report on the amounts deposited in the Fund and a description of 
expenditures made under this section.
          ``(e) There are authorized to be appropriated to the Fund for 
any fiscal year such sums as may be necessary to supplement amounts 
deposited under subsection (b) for the purposes specified in subsection 
(a).''.
          (c) Notwithstanding any other provision of law or of this 
Act, the amendments to 28 U.S.C. 589a made by subsection (b) of this 
section shall take effect upon enactment of this Act.
          (d) Section 101(a) of Public Law 104-91, as amended by 
section 211 of Public Law 104-99, is further amended by inserting ``: 
Provided further, That, notwithstanding any other provision of law, the 
fees under 28 U.S.C. 1930(a)(6) shall accrue and be payable from and 
after January 27, 1996, in all cases (including, without limitation, 
any cases pending as of that date), regardless of confirmation status 
of their plans'' after ``enacted into law''.
          Sec. 110. Public Law 103-414 (108 Stat. 4279) is amended by 
inserting at its conclusion a new title IV, as follows:

       ``TITLE IV--TELECOMMUNICATIONS CARRIER COMPLIANCE PAYMENTS

``SEC. 401. DEPARTMENT OF JUSTICE TELECOMMUNICATIONS CARRIER COMPLIANCE 
              FUND.

          ``(a) Establishment of Fund.--There is hereby established in 
the United States Treasury a fund to be known as the Department of 
Justice Telecommunications Carrier Compliance Fund (hereafter referred 
to as `the Fund'), which shall be available without fiscal year 
limitation to the Attorney General for making payments to 
telecommunications carriers, equipment manufacturers, and providers of 
telecommunications support services pursuant to section 109 of this 
Act.
          ``(b) Deposits to the Fund.--Notwithstanding any other 
provision of law, any agency of the United States with law enforcement 
or intelligence responsibilities may deposit as offsetting collections 
to the Fund any unobligated balances that are available until expended, 
upon compliance with any Congressional notification requirements for 
reprogramming of funds applicable to the appropriation from which the 
deposit is to be made.
          ``(c) Termination.--
            ``(1) The Attorney General may terminate the Fund at such 
        time as the Attorney General determines that the Fund is no 
        longer necessary.
            ``(2) Any balance in the Fund at the time of its 
        termination shall be deposited in the General Fund of the 
        Treasury.
            ``(3) A decision of the Attorney General to terminate the 
        Fund shall not be subject to judicial review.
          ``(d) Availability of Funds for Expenditure.--Funds shall not 
be available for obligation unless an implementation plan as set forth 
in subsection (e) is submitted to each member of the Committees on the 
Judiciary and Appropriations of both the House of Representatives and 
the Senate and the Congress does not by law block or prevent the 
obligation of such funds. Such funds shall be treated as a 
reprogramming of funds under section 605 of the Department of Commerce, 
Justice, and State, the Judiciary, and Related Agencies Appropriations 
Act, 1997, and shall not be available for obligation or expenditure 
except in compliance with the procedures set forth in that section and 
this section.
          ``(e) Implementation Plan.--The implementation plan shall 
include:
            ``(1) the law enforcement assistance capability 
        requirements and an explanation of law enforcement's 
        recommended interface;
            ``(2) the proposed actual and maximum capacity requirements 
        for the number of simultaneous law enforcement communications 
        intercepts, pen registers, and trap and trace devices that 
        authorized law enforcement agencies may seek to conduct, set 
        forth on a county-by-county basis for wireline services and on 
        a market service area basis for wireless services, and the 
        historical baseline of electronic surveillance activity upon 
        which such capacity requirements are based;
            ``(3) a prioritized list of carrier equipment, facilities, 
        and services deployed on or before January 1, 1995, to be 
        modified by carriers at the request of law enforcement based on 
        its investigative needs;
            ``(4) a projected reimbursement plan that estimates the 
        cost for the coming fiscal year and for each fiscal year 
        thereafter, based on the prioritization of law enforcement 
        needs as outlined in (3), of modification by carriers of 
        equipment, facilities and services, installed on or before 
        January 1, 1995.
          ``(f) Annual Report to the Congress.--The Attorney General 
shall submit to the Congress each year a report specifically detailing 
all deposits and expenditures made pursuant to this Act in each fiscal 
year. This report shall be submitted to each member of the Committees 
on the Judiciary and Appropriations of both the House of 
Representatives and the Senate, and to the Speaker and minority leader 
of the House of Representatives and to the majority and minority 
leaders of the Senate, no later than 60 days after the end of each 
fiscal year.''.
          Sec. 111. It is the sense of the Congress that the Drug 
Enforcement Administration, together with other appropriate Federal 
agencies, should take such actions as may be necessary to end the 
illegal importation into the United States of Rohypnol (Flunitrazepam), 
a drug frequently distributed with the intent to facilitate sexual 
assault and rape.
          Sec. 112. Section 1402 of the Victims of Crime Act of 1984, 
as amended (42 U.S.C. 10601), is amended at subsection (e) by deleting 
``2'' and inserting ``3'', and at subsection (d) by adding a new 
paragraph (5) as follows:
            ``(5) The Director may set aside up to $500,000 of the 
        reserve fund described in paragraph (4) to make supplemental 
        grants to United States Attorneys Offices to provide necessary 
        assistance to victims of the bombing of the Alfred P. Murrah 
        Federal Building in Oklahoma City, to facilitate observation of 
        and/or participation by such victims in trial proceedings 
        arising therefrom, including, without limitation, provision of 
        lodging and travel assistance, and to pay such other, related 
        expenses determined to be necessary by the Director.''.
          Sec. 113. Section 732 of Public Law 104-132 (110 Stat. 1303; 
18 U.S.C. 841 note) is amended--
            (1) in subsection (a), by adding at the end the following 
        new paragraph:
            ``(3) New prevention technologies.--In addition to the 
        study of taggants as provided herein, the Secretary, in 
        consultation with the Attorney General, shall concurrently 
        report to the Congress on the possible use, and exploitation of 
        technologies such as vapor detection devices, computed 
        tomography, nuclear quadropole resonance, thermal neutron 
        analysis, pulsed fast-neutron analysis, and other technologies 
        upon which recommendations to the Congress may be made for 
        further study, funding, and use of the same in preventing and 
        solving acts of terrorism involving explosive devices.''; and
            (2) by adding at the end the following new subsection:
          ``(f) Special Study.--
            ``(1) In general.--Notwithstanding subsection (a), the 
        Secretary of the Treasury shall enter into a contract with the 
        National Academy of Sciences (referred to in this section as 
        the `Academy') to conduct a study of the tagging of smokeless 
        and black powder by any viable technology for purposes of 
        detection and identification. The study shall be conducted by 
        an independent panel of 5 experts appointed by the Academy.
            ``(2) Study elements.--The study conducted under this 
        subsection shall--
                    ``(A) indicate whether the tracer elements, when 
                added to smokeless and black powder--
                            ``(i) will pose a risk to human life or 
                        safety;
                            ``(ii) will substantially assist law 
                        enforcement officers in their investigative 
                        efforts;
                            ``(iii) will impair the quality and 
                        performance of the powders (which shall include 
                        a broad and comprehensive sampling of all 
                        available powders) for their intended lawful 
                        use, including, but not limited to the 
                        sporting, defense, and handloading uses of the 
                        powders, as well as their use in display and 
                        lawful consumer pyrotechnics;
                            ``(iv) will have a substantially adverse 
                        effect on the environment;
                            ``(v) will incur costs which outweigh the 
                        benefits of their inclusion, including an 
                        evaluation of the probable production and 
                        regulatory cost of compliance to the industry, 
                        and the costs and effects on consumers, 
                        including the effect on the demand for 
                        ammunition; and
                            ``(vi) can be evaded, and with what degree 
                        of difficulty, by terrorists or terrorist 
                        organizations, including evading tracer 
                        elements by the use of precursor chemicals to 
                        make black or other powders; and
                    ``(B) provide for consultation on the study with 
                Federal, State, and local officials, non-governmental 
                organizations, including all national police 
                organizations, national sporting organizations, and 
                national industry associations with expertise in this 
                area and such other individuals as shall be deemed 
                necessary.
            ``(3) Report and costs.--The study conducted under this 
        subsection shall be presented to Congress 12 months after the 
        enactment of this subsection and be made available to the 
        public, including any data tapes or data used to form such 
        recommendations. There are authorized to be appropriated such 
        sums as may be necessary to carry out the study.''.
          Sec. 114. (a) Section 524(c)(1) of title 28, United States 
Code, is amended in the first sentence following the second 
subparagraph (I) by deleting ``(C),''.
          (b) Section 524 (c)(8)(A) is amended by deleting ``(C),''.
          Sec. 115. Effective with the enactment of this Act and in any 
fiscal year hereafter, under policies established by the Attorney 
General, the Department of Justice may reimburse employees who are paid 
by an appropriation account within the Department of Justice and are 
traveling on behalf of the United States in temporary duty status to 
investigate, prosecute, or litigate (including the provision of support 
therefor) a criminal or civil matter, or for other similar special 
circumstances, for Federal, State, and local taxes heretofore and 
hereafter resulting from any reimbursement of travel expenses from an 
appropriation account within the Department of Justice: Provided, That 
such reimbursement may include an amount equal to all income taxes for 
which the employee would be liable due to such reimbursement.
          Sec. 116. Section 524 of title 28, United States Code, is 
amended by adding a new subsection (d) as follows:
          ``(d)(1) The Attorney General may accept, hold, administer, 
and use gifts, devises, and bequests of any property for the purpose of 
aiding or facilitating the work of the Department of Justice.
          ``(2) Gifts, devises, and bequests of money, the proceeds of 
sale or liquidation of any other property accepted hereunder, and any 
income accruing from any property accepted hereunder--
            ``(A) shall be deposited in the Treasury in a separate fund 
        and held in trust by the Secretary of the Treasury for the 
        benefit of the Department of Justice; and
            ``(B) are hereby appropriated, without fiscal year 
        limitation, and shall be disbursed on order of the Attorney 
        General.
          ``(3) Upon request of the Attorney General, the Secretary of 
the Treasury may invest and reinvest the fund described herein in 
public debt securities with maturities suitable for the needs of the 
fund and bearing interest at rates determined by the Secretary of the 
Treasury, taking into consideration the current average market yield on 
outstanding marketable obligations of the United States or comparable 
maturities.
          ``(4) Evidences of any intangible personal property (other 
than money) accepted hereunder shall be deposited with the Secretary of 
the Treasury, who may hold or liquidate them, except that they shall be 
liquidated upon the request of the Attorney General.
          ``(5) For purposes of federal income, estate, and gift taxes, 
property accepted hereunder shall be considered a gift, devise, or 
bequest to, or for the use of, the United States.''.
          Sec. 117. Section 524(c)(9), of title 28, United States Code, 
is amended to read as follows:
            ``(9)(A) Following the completion of procedures for the 
        forfeiture of property pursuant to any law enforced or 
        administered by the Department, the Attorney General is 
        authorized, in her discretion, to warrant clear title to any 
        subsequent purchaser or transferee of such property.
            ``(B) For fiscal year 1997, the Attorney General is 
        authorized to transfer, under such terms and conditions as the 
        Attorney General shall specify, real or personal property of 
        limited or marginal value, to a State or local government 
        agency, or its designated contractor or transferee, for use to 
        support drug abuse treatment, drug and crime prevention and 
        education, housing, job skills, and other community-based 
        public health and safety programs. Such transfer shall not 
        create or confer any private right of action in any person 
        against the United States.''.
          Sec. 118. Section 594(b)(3)(A) of title 28 United States 
Code, is amended in the second sentence by--
            (a) striking ``by 6 months'' and inserting ``for successive 
        6-month periods''; and
            (b) striking the phrase ``employee assigned duties under 
        subsection (l)(1)(A)(iii) certifies'' and inserting 
        ``independent counsel and the division of the court certify''; 
        and
            (c) striking ``such employee'' and inserting ``the 
        independent counsel'' and ``the division of the court''.
          Sec. 119. This section may be cited as the ``Age 
Discrimination in Employment Amendments of 1996''.
Subsection 1. Age Discrimination Amendment
          (a) Repeal of Repealer.--Section 3(b) of the Age 
Discrimination in Employment Amendments of 1986 (29 U.S.C. 623 note) is 
repealed.
          (b) Exemption.--Section 4(j) of the Age Discrimination in 
Employment Act of 1967 (29 U.S.C. 623(j)), as in effect immediately 
before December 31, 1993--
            (1) is reenacted as such section; and
            (2) as so reenacted, is amended in paragraph (1) by 
        striking ``and the individual has attained the age'' and all 
        that follows through ``1983, and'' and inserting the following: 
        ``, the employer has complied with section 3(d)(2) of the Age 
        Discrimination in Employment Amendments of 1996 if the 
        individual was discharged after the date described in such 
        section, and the individual has attained--
                    ``(A) the age of hiring or retirement, 
                respectively, in effect under applicable State or local 
                law on March 3, 1983; or
                    ``(B)(i) if the individual was not hired, the age 
                of hiring in effect on the date of such failure or 
                refusal to hire under applicable State or local law 
                enacted after the date of enactment of the Age 
                Discrimination in Employment Amendments of 1996; or
                    ``(ii) if applicable State or local law was enacted 
                after the date of enactment of the Age Discrimination 
                in Employment Amendments of 1996 and the individual was 
                discharged, the higher of--
                            ``(I) the age of retirement in effect on 
                        the date of such discharge under such law; and
                            ``(II) age 55; and''.
          (c) Construction.--Nothing in the repeal, reenactment, and 
amendment made by subsections (a) and (b) shall be construed to make 
lawful the failure or refusal to hire, or the discharge of, an 
individual pursuant to a law that--
            (1) was enacted after March 3, 1983 and before the date of 
        enactment of the Age Discrimination in Employment Amendments of 
        1996; and
            (2) lowered the age of hiring or retirement, respectively, 
        for firefighters or law enforcement officers that was in effect 
        under applicable State or local law on March 3, 1983.
Subsection 2. Study and Guidelines for Performance Tests
          (a) Study.--Not later than 3 years after the date of 
enactment of this Act, the Secretary of Health and Human Services, 
acting through the Director of the National Institute for Occupational 
Safety and Health (referred to in this section as the ``Secretary''), 
shall conduct, directly or by contract, a study, and shall submit to 
the appropriate committees of Congress a report based on the results of 
the study that shall include--
            (1) a list and description of all tests available for the 
        assessment of abilities important for the completion of public 
        safety tasks performed by law enforcement officers and 
        firefighters.
            (2) a list of the public safety tasks for which adequate 
        tests described in paragraph (1) do not exist;
            (3) a description of the technical characteristics that the 
        tests shall meet to be in compliance with applicable Federal 
        civil rights law and policies;
            (4) a description of the alternative methods that are 
        available for determining minimally acceptable performance 
        standards on the tests;
            (5) a description of the administrative standards that 
        should be met in the administration, scoring, and score 
        interpretation of the tests; and
            (6) an examination of the extent to which the tests are 
        cost-effective, are safe, and comply with the Federal civil 
        rights law and policies.
          (b) Consultation Requirement; Opportunity for Public 
Comment.--
            (1) Consultation.--The Secretary shall, during the conduct 
        of the study required by subsection (a), consult with--
                    (A) the Deputy Administrator of the United States 
                Fire Administration:
                    (B) the Director of the Federal Emergency 
                Management Agency;
                    (C) organizations that represent law enforcement 
                officers, firefighters, and employers of the officers 
                and firefighters; and
                    (D) organizations that represent older individuals.
            (2) Public comment.--Prior to issuing the advisory 
        guidelines required in subsection (c), the Secretary shall 
        provide an opportunity for public comment on the proposal 
        advisory guidelines.
           (c) Advisory Guidelines.--Not later than 4 years after the 
date of enactment of this Act, the Secretary shall develop and issue, 
based on the results of the study required by subsection (a), advisory 
guidelines for the administration and use of physical and mental 
fitness tests to measure the ability and competency of law enforcement 
officers and firefighters to perform the requirements of the jobs of 
the officers and firefighters.
          (d) Job Performance Tests.--
            (1) Identification of tests.--After issuance of the 
        advisory guidelines described in subsection (c), the Secretary 
        shall issue regulations identifying valid, nondiscriminatory 
        job performance tests that shall be used by employers seeking 
        the exemption described in section 4(j) of the Age 
        Discrimination in Employment Act of 1967 with respect to 
        firefighters or law enforcement officers who have attained an 
        age of retirement described in such section 4(j).
            (2) Use of tests.--Effective on the date of issuance of the 
        regulations described in paragraph (1), any employer seeking 
        such exemption with respect to a firefighter or law enforcement 
        officer who has attained such age shall provide to each 
        firefighter or law enforcement officer who has attained such 
        age an annual opportunity to demonstrate physical and mental 
        fitness by passing a test described in paragraph (1), in order 
        to continue employment.
          (e) Development of Standards for Wellness Programs.--Not 
later than 2 years after the date of enactment of this Act, the 
Secretary shall propose advisory standards for wellness programs for 
law enforcement officers and firefighters.
          (f) Authorization of Appropriations.--There is authorized to 
be appropriated $5,000,000 to carry out this section.
Subsection 3. Effective Dates
          (a) General Effective Date.--Except as provided in subsection 
(b), this title and the amendments made by this title shall take effect 
on the date of enactment of this Act.
          (b) Special Effective Date.--The repeal made by section 2(a) 
and the reenactment made by section 2(b)(1) shall take effect on 
December 31, 1993.
          Sec. 120. Section 320935(e) of the Violent Crime Control and 
Law Enforcement Act of 1994 is amended by inserting '', including all 
trials commenced on or after the effective date of such amendments'' 
after ``such amendments''.
          Sec. 121. This section may be cited as the ``Child 
Pornography Prevention Act of 1996''.
Subsection 1. Findings
          Congress finds that--
            (1) the use of children in the production of sexually 
        explicit material, including photographs, films, videos, 
        computer images, and other visual depictions, is a form of 
        sexual abuse which can result in physical or psychological 
        harm, or both, to the children involved;
            (2) where children are used in its production, child 
        pornography permanently records the victim's abuse, and its 
        continued existence causes the child victims of sexual abuse 
        continuing harm by haunting those children in future years;
            (3) child pornography is often used as part of a method of 
        seducing other children into sexual activity; a child who is 
        reluctant to engage in sexual activity with an adult, or to 
        pose for sexually explicit photographs, can sometimes be 
        convinced by viewing depictions of other children ``having 
        fun'' participating in such activity;
            (4) child pornography is often used by pedophiles and child 
        sexual abusers to stimulate and whet their own sexual 
        appetites, and as a model for sexual acting out with children; 
        such use of child pornography can desensitize the viewer to the 
        pathology of sexual abuse or exploitation of children, so that 
        it can become acceptable to and even preferred by the viewer;
            (5) new photographic and computer imagining technologies 
        make it possible to produce by electronic, mechanical, or other 
        means, visual depictions of what appear to be children engaging 
        in sexually explicit conduct that are virtually 
        indistinguishable to the unsuspecting viewer from unretouched 
        photographic images of actual children engaging in sexually 
        explicit conduct;
            (6) computers and computer imaging technology can be used 
        to--
                    (A) alter sexually explicit photographs, films, and 
                videos in such a way as to make it virtually impossible 
                for unsuspecting viewers to identify individuals, or to 
                determine if the offending material was produced using 
                children;
                    (B) produce visual depictions of child sexual 
                activity designed to satisfy the preferences of 
                individual child molesters, pedophiles, and pornography 
                collectors; and
                    (C) alter innocent pictures of children to create 
                visual depictions of those children engaging in sexual 
                conduct;
            (7) the creation or distribution of child pornography which 
        includes an image of a recognizable minor invades the child's 
        privacy and reputational interests, since images that are 
        created showing a child's face or other identifiable feature on 
        a body engaging in sexually explicit conduct can haunt the 
        minor for years to come;
            (8) the effect of visual depictions of child sexual 
        activity on a child molester or pedophile using that material 
        to stimulate or whet his own sexual appetites, or on a child 
        where the material is being used as a means of seducing or 
        breaking down the child's inhibitions to sexual abuse or 
        exploitation, is the same whether the child pornography 
        consists of photographic depictions of actual children or 
        visual depictions produced wholly or in part by electronic, 
        mechanical, or other means, including by computer, which are 
        virtually indistinguishable to the unsuspecting viewer from 
        photographic images of actual children;
            (9) the danger to children who are seduced and molested 
        with the aid of child sex pictures is just as great when the 
        child pornographer or child molester uses visual depictions of 
        child sexual activity produced wholly or in part by electronic, 
        mechanical, or other means, including by computer, as when the 
        material consists of unretouched photographic images of actual 
        children engaging in sexually explicit conduct;
            (10)(A) the existence of and traffic in child pornographic 
        images creates the potential for many types of harm in the 
        community and presents a clear and present danger to all 
        children; and
            (B) it inflames the desires of child molesters, pedophiles, 
        and child pornographers who prey on children, thereby 
        increasing the creation and distribution of child pornography 
        and the sexual abuse and exploitation of actual children who 
        are victimized as a result of the existence and use of these 
        materials;
            (11)(A) the sexualization and eroticization of minors 
        through any form of child pornographic images has a deleterious 
        effect on all children by encouraging a societal perception of 
        children as sexual objects and leading to further sexual abuse 
        and exploitation of them; and
            (B) this sexualization of minors creates an unwholesome 
        environment which affects the psychological, mental and 
        emotional development of children and undermines the efforts of 
        parents and families to encourage the sound mental, moral and 
        emotional development of children;
            (12) prohibiting the possession and viewing of child 
        pornography will encourage the possessors of such material to 
        rid themselves of or destroy the material, thereby helping to 
        protect the victims of child pornography and to eliminate the 
        market for the sexual exploitative use of children; and
            (13) the elimination of child pornography and the 
        protection of children from sexual exploitation provide a 
        compelling governmental interest for prohibiting the 
        production, distribution, possession, sale, or viewing of 
        visual depictions of children engaging in sexually explicit 
        conduct, including both photographic images of actual children 
        engaging in such conduct and depictions produced by computer or 
        other means which are virtually indistinguishable to the 
        unsuspecting viewer from photographic images of actual children 
        engaging in such conduct.
Subsection 2. Definitions
          Section 2256 of title 18, United States Code, is amended--
            (1) in paragraph (5), by inserting before the semicolon the 
        following: ``, and data stored on computer disk or by 
        electronic means which is capable of conversion into a visual 
        image'';
            (2) in paragraph (6), by striking ``and'';
            (3) in paragraph (7), by striking the period and inserting 
        a semicolon; and
            (4) by adding at the end the following new paragraphs:
            ``(8) `child pornography' means any visual depiction, 
        including any photograph, film, video, picture, or computer or 
        computer-generated image or picture, whether made or produced 
        by electronic, mechanical, or other means, of sexually explicit 
        conduct, where--
                    ``(A) the production of such visual depiction 
                involves the use of a minor engaging in sexually 
                explicit conduct;
                    ``(B) such visual depiction is, or appears to be, 
                of a minor engaging in sexually explicit conduct;
                    ``(C) such visual depiction has been created, 
                adapted, or modified to appear that an identifiable 
                minor is engaging in sexually explicit conduct; or
                    ``(D) such visual depiction is advertised, 
                promoted, presented, described, or distributed in such 
                a manner that conveys the impression that the material 
                is or contains a visual depiction of a minor engaging 
                in sexually explicit conduct; and
            ``(9) `identifiable minor'--
                    ``(A) means a person--
                            ``(i)(I) who was a minor at the time the 
                        visual depiction was created, adapted, or 
                        modified; or
                            ``(II) whose image as a minor was used in 
                        creating, adapting, or modifying the visual 
                        depiction; and
                            ``(ii) who is recognizable as an actual 
                        person by the person's face, likeness, or other 
                        distinguishing characteristic, such as a unique 
                        birthmark or other recognizable feature; and
                    ``(B) shall not be construed to require proof of 
                the actual identity of the identifiable minor.''.
Subsection 3. Prohibited Activities Relating to Material Constituting 
              or Containing Child Pornography
    (a) In General.--Chapter 110 of title 18, United States Code, is 
amended by adding after section 2252 the following:
``Sec. 2252A. Certain activities relating to material constituting or 
              containing child pornography
    ``(a) Any person who--
            ``(1) knowingly mails, or transports or ships in interstate 
        or foreign commerce by any means, including by computer, any 
        child pornography;
            ``(2) knowingly receives or distributes--
                    ``(A) any child pornography that has been mailed, 
                or shipped or transported in interstate or foreign 
                commerce by any means, including by computer; or
                    ``(B) any material that contains child pornography 
                that has been mailed, or shipped or transported in 
                interstate or foreign commerce by any means, including 
                by computer;
            ``(3) knowingly reproduces any child pornography for 
        distribution through the mails, or in interstate or foreign 
        commerce by any means, including by computer;
            ``(4) either--
                    ``(A) in the special maritime and territorial 
                jurisdiction of the United States, or on any land or 
                building owned by, leased to, or otherwise used by or 
                under the control of the United States Government, or 
                in the Indian country (as defined in section 1151), 
                knowingly sells or possesses with the intent to sell 
                any child pornography; or
                    ``(B) knowingly sells or possesses with the intent 
                to sell any child pornography that has been mailed, or 
                shipped or transported in interstate or foreign 
                commerce by any means, including by computer, or that 
                was produced using materials that have been mailed, or 
                shipped or transported in interstate or foreign 
                commerce by any means, including by computer; or
            ``(5) either--
                    ``(A) in the special maritime and territorial 
                jurisdiction of the United States, or on any land or 
                building owned by, leased to, or otherwise used by or 
                under the control of the United States Government, or 
                in the Indian country (as defined in section 1151), 
                knowingly possesses any book, magazine, periodical, 
                film, videotape, computer disk, or any other material 
                that contains 3 or more images of child pornography; or
                    ``(B) knowingly possesses any book, magazine, 
                periodical, film, videotape, computer disk, or any 
                other material that contains 3 or more images of child 
                pornography that has been mailed, or shipped or 
                transported in interstate or foreign commerce by any 
                means, including by computer, or that was produced 
                using materials that have been mailed, or shipped or 
                transported in interstate or foreign commerce by any 
                means, including by computer,
        shall be punished as provided in subsection (b).
    ``(b)(1) Whoever violates, or attempts or conspires to violate, 
paragraphs (1), (2), (3), or (4) of subsection (a) shall be fined under 
this title or imprisoned not more than 15 years, or both, but, if such 
person has a prior conviction under this chapter or chapter 109A, or 
under the laws of any State relating to aggravated sexual abuse, sexual 
abuse, or abusive sexual conduct involving a minor or ward, or the 
production, possession, receipt, mailing, sale, distribution, shipment, 
or transportation of child pornography, such person shall be fined 
under this title and imprisoned for not less than 5 years nor more than 
30 years.
    ``(2) Whoever violates, or attempts or conspires to violate, 
subsection (a)(5) shall be fined under this title or imprisoned not 
more than 5 years, or both, but, if such person has a prior conviction 
under this chapter or chapter 109A, or under the laws of any State 
relating to the possession of child pornography, such person shall be 
fined under this title and imprisoned for not less than 2 years nor 
more than 10 years.
          ``(c) It shall be an affirmative defense to a charge of 
violating paragraphs (1), (2), (3), or (4) of subsection (a) that--
            ``(1) the alleged child pornography was produced using an 
        actual person or persons engaging in sexually explicit conduct;
            ``(2) each such person was an adult at the time the 
        material was produced; and
            ``(3) the defendant did not advertise, promote, present, 
        describe, or distribute the material in such a manner as to 
        convey the impression that it is or contains a visual depiction 
        of a minor engaging in sexually explicit conduct.''.
          (b) Technical Amendment.--The table of sections for chapter 
110 of title 18, United States Code, is amended by adding after the 
item relating to section 2252 the following:

``2252A. Certain activities relating to material constituting or 
                            containing child pornography.''.
Subsection 4. Penalties for Sexual Exploitation of Children.
          Section 2251(d) of title 18, United States Code, is amended 
to read as follows:
          ``(d) Any individual who violates, or attempts or conspires 
to violate, this section shall be fined under this title or imprisoned 
not less than 10 years nor more than 20 years, or both, but if such 
person has one prior conviction under this chapter or chapter 109A, or 
under the laws of any State relating to the sexual exploitation of 
children, such person shall be fined under this title and imprisoned 
for not less than 15 years nor more than 30 years, but if such person 
has 2 or more prior convictions under this chapter or chapter 109A, or 
under the laws of any State relating to the sexual exploitation of 
children, such person shall be fined under this title and imprisoned 
not less than 30 years nor more than life. Any organization that 
violates, or attempts or conspires to violate, this section shall be 
fined under this title. Whoever, in the course of an offense under this 
section, engages in conduct that results in the death of a person, 
shall be punished by death or imprisoned for any term of years or for 
life.''.
Subsection 5. Material Involving Sexual Exploitation of Minors
          Section 2252 of title 18, United States Code, is amended by 
striking subsection (b) and inserting the following:
          ``(b)(1) Whoever violates, or attempts or conspires to 
violate, paragraphs (1), (2), or (3) of subsection (a) shall be fined 
under this title or imprisoned not more than 15 years, or both, but if 
such person has a prior conviction under this chapter or chapter 109A, 
or under the laws of any State relating to aggravated sexual abuse, 
sexual abuse, or abusive sexual conduct involving a minor or ward, or 
the production, possession, receipt, mailing, sale, distribution, 
shipment, or transportation of child pornography, such person shall be 
fined under this title and imprisoned for not less than 5 years nor 
more than 30 years.
          ``(2) Whoever violates, or attempts or conspires to violate, 
paragraph (4) of subsection (a) shall be fined under this title or 
imprisoned not more than 5 years, or both, but if such person has a 
prior conviction under this chapter or chapter 109A, or under the laws 
of any State relating to the possession of child pornography, such 
person shall be fined under this title and imprisoned for not less than 
2 years nor more than 10 years.''.
Subsection 6. Privacy Protection Act Amendments
          Section 101 of the Privacy Protection Act of 1980 (42 U.S.C. 
2000aa) is amended--
            (1) in subsection (a)(1), by inserting before the 
        parenthesis at the end the following: ``, or if the offense 
        involves the production, possession, receipt, mailing, sale, 
        distribution, shipment, or transportation of child pornography, 
        the sexual exploitation of children, or the sale or purchase of 
        children under section 2251, 2251A, 2252, or 2252A of title 18, 
        United States Code''; and
            (2) in subsection (b)(1), by inserting before the 
        parenthesis at the end the following: ``, or if the offense 
        involves the production, possession, receipt, mailing, sale, 
        distribution, shipment, or transportation of child pornography, 
        the sexual exploitation of children, or the sale or purchase of 
        children under section 2251, 2251A, 2252, or 2252A of title 18, 
        United States Code''.
Subsection 7. Amber Hagerman Child Protection Act of 1996
          (a) Short Title.--This section may be cited as the ``Amber 
Hagerman Child Protection Act of 1996''.
          (b) Aggravated Sexual Abuse of a Minor.--Section 2241(c) of 
title 18, United States Code, is amended to read as follows:
          ``(c) With Children.--Whoever crosses a State line with 
intent to engage in a sexual act with a person who has not attained the 
age of 12 years, or in the special maritime and territorial 
jurisdiction of the United States or in a Federal prison, knowingly 
engages in a sexual act with another person who has not attained the 
age of 12 years, or knowingly engages in a sexual act under the 
circumstances described in subsections (a) and (b) with another person 
who has attained the age of 12 years but has not attained the age of 16 
years (and is at least 4 years younger than that person), or attempts 
to do so, shall be fined under this title, imprisoned for any term of 
years or life, or both. If the defendant has previously been convicted 
of another Federal offense under this subsection, or of a State offense 
that would have been an offense under either such provision had the 
offense occurred in a Federal prison, unless the death penalty is 
imposed, the defendant shall be sentenced to life in prison.''.
          (c) Sexual Abuse of a Minor.--Section 2243(a) of title 18, 
United States Code, is amended by inserting ``crosses a State line with 
intent to engage in a sexual act with a person who has not attained the 
age of 12 years, or'' after ``Whoever''.
 Subsection 8. Severability
          If any provision of this Act, including any provision or 
section of the definition of the term child pornography, an amendment 
made by this Act, or the application of such provision or amendment to 
any person or circumstance is held to be unconstitutional, the 
remainder of this Act, including any other provision or section of the 
definition of the term child pornography, the amendments made by this 
Act, and the application of such to any other person or circumstance 
shall not be affected thereby.
          This title may be cited as the ``Department of Justice 
Appropriations Act, 1997''.

         TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES

                  Trade and Infrastructure Development

                            RELATED AGENCIES

            Office of the United States Trade Representative

                         salaries and expenses

          For necessary expenses of the Office of the United States 
Trade Representative, including the hire of passenger motor vehicles 
and the employment of experts and consultants as authorized by 5 U.S.C. 
3109, $21,449,000, of which $2,500,000 shall remain available until 
expended: Provided, That not to exceed $98,000 shall be available for 
official reception and representation expenses.

                     International Trade Commission

                         salaries and expenses

          For necessary expenses of the International Trade Commission, 
including hire of passenger motor vehicles, and services as authorized 
by 5 U.S.C. 3109, and not to exceed $2,500 for official reception and 
representation expenses, $40,850,000, to remain available until 
expended.

                         DEPARTMENT OF COMMERCE

                   International Trade Administration

                     operations and administration

          For necessary expenses for international trade activities of 
the Department of Commerce provided for by law, and engaging in trade 
promotional activities abroad, including expenses of grants and 
cooperative agreements for the purpose of promoting exports of United 
States firms, without regard to 44 U.S.C. 3702 and 3703; full medical 
coverage for dependent members of immediate families of employees 
stationed overseas and employees temporarily posted overseas; travel 
and transportation of employees of the United States and Foreign 
Commercial Service between two points abroad, without regard to 49 
U.S.C. 1517; employment of Americans and aliens by contract for 
services; rental of space abroad for periods not exceeding ten years, 
and expenses of alteration, repair, or improvement; purchase or 
construction of temporary demountable exhibition structures for use 
abroad; payment of tort claims, in the manner authorized in the first 
paragraph of 28 U.S.C. 2672 when such claims arise in foreign 
countries; not to exceed $327,000 for official representation expenses 
abroad; purchase of passenger motor vehicles for official use abroad, 
not to exceed $30,000 per vehicle; obtain insurance on official motor 
vehicles; and rent tie lines and teletype equipment; $270,000,000, to 
remain available until expended: Provided, That the provisions of the 
first sentence of section 105(f) and all of section 108(c) of the 
Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) 
and 2458(c)) shall apply in carrying out these activities without 
regard to section 5412 of the Omnibus Trade and Competitiveness Act of 
1988 (15 U.S.C. 4912); and that for the purpose of this Act, 
contributions under the provisions of the Mutual Educational and 
Cultural Exchange Act shall include payment for assessments for 
services provided as part of these activities.

                         Export Administration

                     operations and administration

          For necessary expenses for export administration and national 
security activities of the Department of Commerce, including costs 
associated with the performance of export administration field 
activities both domestically and abroad; full medical coverage for 
dependent members of immediate families of employees stationed 
overseas; employment of Americans and aliens by contract for services 
abroad; rental of space abroad for periods not exceeding ten years, and 
expenses of alteration, repair, or improvement; payment of tort claims, 
in the manner authorized in the first paragraph of 28 U.S.C. 2672 when 
such claims arise in foreign countries; not to exceed $15,000 for 
official representation expenses abroad; awards of compensation to 
informers under the Export Administration Act of 1979, and as 
authorized by 22 U.S.C. 401(b); purchase of passenger motor vehicles 
for official use and motor vehicles for law enforcement use with 
special requirement vehicles eligible for purchase without regard to 
any price limitation otherwise established by law; $36,000,000, to 
remain available until expended: Provided, That the provisions of the 
first sentence of section 105(f) and all of section 108(c) of the 
Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) 
and 2458(c)) shall apply in carrying out these activities: Provided 
further,That payments and contributions collected and accepted for 
materials or services provided as part of such activities may be 
retained for use in covering the cost of such activities, and for 
providing information to the public with respect to the export 
administration and national security activities of the Department of 
Commerce and other export control programs of the United States and 
other governments.
          For an additional amount for nonproliferation efforts to 
prevent illegal exports of chemical weapon precursors, biological 
agents, nuclear weapons and missile development equipment, $3,900,000, 
to remain available until expended: Provided, That the entire amount is 
designated by Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended.

                  Economic Development Administration

                economic development assistance programs

          For grants for economic development assistance as provided by 
the Public Works and Economic Development Act of 1965, as amended, 
Public Law 91-304, and such laws that were in effect immediately before 
September 30, 1982, and for trade adjustment assistance, $328,500,000: 
Provided, That none of the funds appropriated or otherwise made 
available under this heading may be used directly or indirectly for 
attorneys' or consultants' fees in connection with securing grants and 
contracts made by the Economic Development Administration: Provided 
further, That, notwithstanding any other provision of law, the 
Secretary of Commerce may provide financial assistance for projects to 
be located on military installations closed or scheduled for closure or 
realignment to grantees eligible for assistance under the Public Works 
and Economic Development Act of 1965, as amended, without it being 
required that the grantee have title or ability to obtain a lease for 
the property, for the useful life of the project, when in the opinion 
of the Secretary of Commerce, such financial assistance is necessary 
for the economic development of the area: Provided further, That the 
Secretary of Commerce may, as the Secretary considers appropriate, 
consult with the Secretary of Defense regarding the title to land on 
military installations closed or scheduled for closure or realignment.

                         salaries and expenses

          For necessary expenses of administering the economic 
development assistance programs as provided for by law, $20,036,000: 
Provided, That these funds may be used to monitor projects approved 
pursuant to title I of the Public Works Employment Act of 1976, as 
amended, title II of the Trade Act of 1974, as amended, and the 
Community Emergency Drought Relief Act of 1977.

                  Minority Business Development Agency

                     minority business development

          For necessary expenses of the Department of Commerce in 
fostering, promoting, and developing minority business enterprise, 
including expenses of grants, contracts, and other agreements with 
public or private organizations, $28,000,000: Provided, That of the 
total amount provided, $2,000,000 shall be available for obligation and 
expenditure only for projects jointly developed, implemented and 
administered with the Small Business Administration.

                Economic and Information Infrastructure

                   Economic and Statistical Analysis

                         salaries and expenses

          For necessary expenses, as authorized by law, of economic and 
statistical analysis programs of the Department of Commerce, 
$45,900,000, to remain available until September 30, 1998.

         economics and statistics administration revolving fund

          The Secretary of Commerce is authorized to disseminate 
economic and statistical data products as authorized by sections 1, 2, 
and 4 of Public Law 91-412 (15 U.S.C. 1525-1527) and, notwithstanding 
section 5412 of the Omnibus Trade and Competitiveness Act of 1988 (15 
U.S.C. 4912), charge fees necessary to recover the full costs incurred 
in their production. Notwithstanding 31 U.S.C. 3302, receipts received 
from these data dissemination activities shall be credited to this 
account, to be available for carrying out these purposes without 
further appropriation.

                          Bureau of the Census

                         salaries and expenses

          For expenses necessary for collecting, compiling, analyzing, 
preparing, and publishing statistics, provided for by law, 
$135,000,000.

                     periodic censuses and programs

          For expenses necessary to collect and publish statistics for 
periodic censuses and programs provided for by law, $210,500,000, to 
remain available until expended.

       National Telecommunications and Information Administration

                         salaries and expenses

          For necessary expenses, as provided for by law, of the 
National Telecommunications and Information Administration (NTIA), 
$15,000,000, to remain available until expended: Provided, That 
notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall 
charge Federal agencies for costs incurred in spectrum management, 
analysis, and operations, and related services and such fees shall be 
retained and used as offsetting collections for costs of such spectrum 
services, to remain available until expended: Provided further, That 
hereafter, notwithstanding any other provision of law, NTIA shall not 
authorize spectrum use or provide any spectrum functions pursuant to 
the NTIA Organization Act, 47 U.S.C. Sec. Sec. 902-903, to any Federal 
entity without reimbursement as required by NTIA for such spectrum 
management costs, and Federal entities withholding payment of such cost 
shall not use spectrum: Provided further, That the Secretary of 
Commerce is authorized to retain and use as offsetting collections all 
funds transferred, or previously transferred, from other Government 
agencies for all costs incurred in telecommunications research, 
engineering, and related activities by the Institute for 
Telecommunication Sciences of the NTIA, in furtherance of its assigned 
functions under this paragraph, and such funds received from other 
Government agencies shall remain available until expended.

       public broadcasting facilities, planning and construction

          For grants authorized by section 392 of the Communications 
Act of 1934, as amended, $15,250,000, to remain available until 
expended as authorized by section 391 of the Act, as amended: Provided, 
That not to exceed $1,500,000 shall be available for program 
administration as authorized by section 391 of the Act: Provided 
further, That notwithstanding the provisions of section 391 of the Act, 
the prior year unobligated balances may be made available for grants 
for projects for which applications have been submitted and approved 
during any fiscal year.

                   information infrastructure grants

          For grants authorized by section 392 of the Communications 
Act of 1934, as amended, $21,490,000, to remain available until 
expended as authorized by section 391 of the Act, as amended: Provided, 
That not to exceed $3,000,000 shall be available for program 
administration and other support activities as authorized by section 
391: Provided further, That of the funds appropriated herein, not to 
exceed 5 percent may be available for telecommunications research 
activities for projects related directly to the development of a 
national information infrastructure: Provided further, That 
notwithstanding the requirements of section 392(a) and 392(c) of the 
Act, these funds may be used for the planning and construction of 
telecommunications networks for the provision of educational, cultural, 
health care, public information, public safety, or other social 
services.

                      Patent and Trademark Office

                         salaries and expenses

          For necessary expenses of the Patent and Trademark Office 
provided for by law, including defense of suits instituted against the 
Commissioner of Patents and Trademarks, $61,252,000, to remain 
available until expended: Provided, That the funds made available under 
this heading are to be derived from deposits in the Patent and 
Trademark Office Fee Surcharge Fund as authorized by law: Provided 
further, That the amounts made available under the Fund shall not 
exceed amounts deposited; and such fees as shall be collected pursuant 
to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376, shall remain available 
until expended.

                       Technology Administration

       under secretary for technology/office of technology policy

                         salaries and expenses

          For necessary expenses for the Under Secretary for 
Technology/Office of Technology Policy, $9,500,000: Provided, That 
$2,500,000 of the total amount provided under this heading shall be 
available to support the United States-Israel Science and Technology 
Commission.

                         Science and Technology

             National Institute of Standards and Technology

             scientific and technical research and services

          For necessary expenses of the National Institute of Standards 
and Technology, $268,000,000, to remain available until expended, of 
which not to exceed $1,625,000 may be transferred to the ``Working 
Capital Fund''.

                     industrial technology services

          For necessary expenses of the Manufacturing Extension 
Partnership of the National Institute of Standards and Technology, 
$95,000,000, to remain available until expended, of which not to exceed 
$300,000 may be transferred to the ``Working Capital Fund'': Provided, 
That notwithstanding the time limitations imposed by 15 U.S.C. 278k(c) 
(1) and (5) on the duration of Federal financial assistance that may be 
awarded by the Secretary of Commerce to Regional Centers for the 
transfer of Manufacturing Technology (``Centers''), such Federal 
financial assistance for a Center may continue beyond six years and may 
be renewed for additional periods, not to exceed one year, at a rate 
not to exceed one-third of the Center's total annual costs, subject 
before any such renewal to a positive evaluation of the Center and to a 
finding by the Secretary of Commerce that continuation of Federal 
funding to the Center is in the best interest of the Regional Centers 
for the transfer of Manufacturing Technology Program.
          In addition, for necessary expenses of the Advanced 
Technology Program of the National Institute of Standards and 
Technology, $225,000,000, to remain available until expended, of which 
not to exceed $500,000 may be transferred to the ``Working Capital 
Fund.''

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities

                     (including transfer of funds)

          For necessary expenses of activities authorized by law for 
the National Oceanic and Atmospheric Administration, including 
acquisition, maintenance, operation, and hire of aircraft; not to 
exceed 299 commissioned officers on the active list as of September 30, 
1997; grants, contracts, or other payments to nonprofit organizations 
for the purposes of conducting activities pursuant to cooperative 
agreements; and alteration, modernization, and relocation of facilities 
as authorized by 33 U.S.C. 883i; $1,854,067,000, to remain available 
until expended: Provided, That notwithstanding 31 U.S.C. 3302 but 
consistent with other existing law, fees shall be assessed, collected, 
and credited to this appropriation as offsetting collections to be 
available until expended, to recover the costs of administering 
aeronautical charting programs: Provided further, That the sum herein 
appropriated from the general fund shall be reduced as such additional 
fees are received during fiscal year 1997, so as to result in a final 
general fund appropriation estimated at not more than $1,851,067,000: 
Provided further, That any such additional fees received in excess of 
$3,000,000 in fiscal year 1997 shall not be available for obligation 
until October 1, 1997: Provided further, That fees and donations 
received by the National Ocean Service for the management of the 
national marine sanctuaries may be retained and used for the salaries 
and expenses associated with those activities, notwithstanding 31 
U.S.C. 3302: Provided further, That in addition, $66,000,000 shall be 
derived by transfer from the fund entitled ``Promote and Develop 
Fishery Products and Research Pertaining to American Fisheries'': 
Provided further, That grants to States pursuant to sections 306 and 
306A of the Coastal Zone Management Act of 1972, as amended, shall not 
exceed $2,000,000: Provided further, That not later than November 15, 
1996, the Department of Commerce, in conjunction with the National 
Oceanic and Atmospheric Administration, shall submit to the appropriate 
committees of the Congress, a long-term plan and a legislative proposal 
necessary to implement such plan regarding the continuation of a 
National Oceanic and Atmospheric Administration commissioned corps.

                      coastal zone management fund

          Of amounts collected pursuant to section 308 of the Coastal 
Zone Management Act of 1972 (16 U.S.C. 1456a), not to exceed 
$7,800,000, for purposes set forth in sections 308(b)(2)(A), 
308(b)(2)(B)(v), and 315(e) of such Act.

                              construction

          For repair and modification of, and additions to, existing 
facilities and construction of new facilities, and for facility 
planning and design and land acquisition not otherwise provided for the 
National Oceanic and Atmospheric Administration, $58,250,000, to remain 
available until expended, of which $8,500,000 shall be available only 
for a grant to the University of New Hampshire for construction and 
related expenses for an environmental technology facility.

            fleet modernization, shipbuilding and conversion

          For expenses necessary for the repair, acquisition, leasing, 
or conversion of vessels, including related equipment to maintain and 
modernize the existing fleet and to continue planning the modernization 
of the fleet, for the National Oceanic and Atmospheric Administration, 
$8,000,000, to remain available until expended.

            fishing vessel and gear damage compensation fund

          For carrying out the provisions of section 3 of Public Law 
95-376, not to exceed $200,000, to be derived from receipts collected 
pursuant to subsections (b) and (f) of section 10 of the Fishermen's 
Protective Act of 1967 (22 U.S.C. 1980), to remain available until 
expended.

                      fishermen's contingency fund

          For carrying out the provisions of title IV of Public Law 95-
372, not to exceed $1,000,000, to be derived from receipts collected 
pursuant to that Act, to remain available until expended.

                     foreign fishing observer fund

          For expenses necessary to carry out the provisions of the 
Atlantic Tunas Convention Act of 1975, as amended (Public Law 96-339), 
the Magnuson Fishery Conservation and Management Act of 1976, as 
amended (Public Law 100-627), and the American Fisheries Promotion Act 
(Public Law 96-561), to be derived from the fees imposed under the 
foreign fishery observer program authorized by these Acts, not to 
exceed $196,000, to remain available until expended.

                 fishing vessel obligations guarantees

          For the cost of guaranteed loans, $250,000, as authorized by 
the Merchant Marine Act of 1936, as amended: Provided, That such costs, 
including the cost of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974: Provided further, 
That none of the funds made available under this heading may be used to 
guarantee loans for any new fishing vessel that will increase the 
harvesting capacity in any United States fishery.

                         General Administration

                         salaries and expenses

          For expenses necessary for the general administration of the 
Department of Commerce provided for by law, including not to exceed 
$3,000 for official entertainment, $28,490,000.

                      office of inspector general

          For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended (5 U.S.C. App. 1-11 as amended by Public Law 100-504), 
$20,140,000.

             National Institute of Standards and Technology

                  construction of research facilities

                              (rescission)

          Of the obligated and unobligated balances available under 
this heading, $16,000,000 are rescinded.

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities

                              (rescission)

          Of the unobligated balances available under this heading, 
$20,000,000 are rescinded.

               General Provisions--Department of Commerce

          Sec. 201. During the current fiscal year, applicable 
appropriations and funds made available to the Department of Commerce 
by this Act shall be available for the activities specified in the Act 
of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner 
prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be used 
for advanced payments not otherwise authorized only upon the 
certification of officials designated by the Secretary that such 
payments are in the public interest.
          Sec. 202. During the current fiscal year, appropriations made 
available to the Department of Commerce by this Act for salaries and 
expenses shall be available for hire of passenger motor vehicles as 
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law 
(5 U.S.C. 5901-5902).
          Sec. 203. None of the funds made available by this Act may be 
used to support the hurricane reconnaissance aircraft and activities 
that are under the control of the United States Air Force or the United 
States Air Force Reserve.
          Sec. 204. None of the funds provided in this or any previous 
Act, or hereinafter made available to the Department of Commerce, shall 
be available to reimburse the Unemployment Trust Fund or any other fund 
or account of the Treasury to pay for any expenses paid before October 
1, 1992, as authorized by section 8501 of title 5, United States Code, 
for services performed after April 20, 1990, by individuals appointed 
to temporary positions within the Bureau of the Census for purposes 
relating to the 1990 decennial census of population.
          Sec. 205. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Commerce in 
this Act may be transferred between such appropriations, but no such 
appropriation shall be increased by more than 10 percent by any such 
transfers: Provided, That any transfer pursuant to this section shall 
be treated as a reprogramming of funds under section 605 of this Act 
and shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.
          Sec. 206. (a) Should legislation be enacted to dismantle or 
reorganize the Department of Commerce, the Secretary of Commerce, no 
later than 90 days thereafter, shall submit to the Committees on 
Appropriations of the House and the Senate a plan for transferring 
funds provided in this Act to the appropriate successor organizations: 
Provided, That the plan shall include a proposal for transferring or 
rescinding funds appropriated herein for agencies or programs 
terminated under such legislation: Provided further, That such plan 
shall be transmitted in accordance with section 605 of this Act.
          (b) The Secretary of Commerce or the appropriate head of any 
successor organization(s) may use any available funds to carry out 
legislation dismantling or reorganizing the Department of Commerce to 
cover the costs of actions relating to the abolishment, reorganization, 
or transfer of functions and any related personnel action, including 
voluntary separation incentives if authorized by such legislation: 
Provided, That the authority to transfer funds between appropriations 
accounts that may be necessary to carry out this section is provided in 
addition to authorities included under section 205 of this Act: 
Provided further, That use of funds to carry out this section shall be 
treated as a reprogramming of funds under section 605 of this Act and 
shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.
          Sec. 207. Any costs incurred by a Department or agency funded 
under this title resulting from personnel actions taken in response to 
funding reductions included in this title shall be absorbed within the 
total budgetary resources available to such Department or agency: 
Provided, That the authority to transfer funds between appropriations 
accounts as may be necessary to carry out this section is provided in 
addition to authorities included elsewhere in this Act: Provided 
further, That use of funds to carry out this section shall be treated 
as a reprogramming of funds under section 605 of this Act and shall not 
be available for obligation or expenditure except in compliance with 
the procedure set forth in that section.
          Sec. 208. None of the funds appropriated under this Act or 
any other Act henceforth may be used to develop new fishery management 
plans, amendments, or regulations which create new individual fishing 
quota programs (whether such quotas are transferable or not) or to 
implement any such plans, amendments or regulations approved by a 
Regional Fishery Management Council or the Secretary after January 4, 
1995, until offsetting fees to pay for the cost of administering such 
plans, amendments, or regulations are expressly authorized under the 
Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et 
seq.). This restriction shall also apply to any program relating to the 
Gulf of Mexico commercial red snapper fishery that authorizes the 
consolidation of licenses, permits or endorsements that result in 
different trip limits for vessels in the same class. This restriction 
shall not apply in any way to the North Pacific halibut and sablefish, 
South Atlantic wreckfish, or the Mid-Atlantic surfclam and ocean 
(including mahogany) quohog individual fishing quota programs. The term 
``individual fishing quota'' does not include a community development 
quota.
          Sec. 209. The Secretary may award contracts for hydrographic, 
geodetic, and photogrammetric surveying and mapping services in 
accordance with title IX of the Federal Property and Administrative 
Services Act of 1949 (40 U.S.C. 541 et seq.).
          Sec. 210. There is hereby established the Bureau of the 
Census Working Capital Fund, which shall be available without fiscal 
year limitation, for expenses and equipment necessary for the 
maintenance and operation of such services and projects as the Director 
of the Census Bureau determines may be performed more advantageously 
when centralized: Provided, That such central services shall, to the 
fullest extent practicable, be used to make unnecessary the maintenance 
of separate like services in the divisions and offices of the Bureau: 
Provided further, That a separate schedule of expenditures and 
reimbursements, and a statement of the current assets and liabilities 
of the Working Capital Fund as of the close of the last completed 
fiscal year, shall be prepared each year: Provided further, That 
notwithstanding 31 U.S.C. 3302, the Working Capital Fund may be 
credited with advances and reimbursements from applicable 
appropriations of the Bureau and from funds of other agencies or 
entities for services furnished pursuant to law: Provided further, That 
any inventories, equipment, and other assets pertaining to the services 
to be provided by such funds, either on hand or on order, less the 
related liabilities or unpaid obligations, and any appropriations made 
hereafter for the purpose of providing capital, shall be used to 
capitalize the Working Capital Fund: Provided further, That the Working 
Capital Fund shall provide for centralized services at rates which will 
return in full all expenses of operation, including depreciation of 
fund plant and equipment, amortization of automated data processing 
software and hardware systems, and an amount necessary to maintain a 
reasonable operating reserve as determined by the Director.
          Sec. 211. (a) Effective 15 days after the enactment of the 
Sustainable Fisheries Act, section 1 of the Magnuson Fishery 
Conservation and Management Act (16 U.S.C. 1801) shall be amended to 
read as follows: ``That this Act may be cited as the `Magnuson-Stevens 
Fishery Conservation and Management Act'.''
          (b) Effective 15 days after the enactment of the Sustainable 
Fisheries Act, all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.
          This title may be cited as the ``Department of Commerce and 
Related Agencies Appropriations Act, 1997''.

                        TITLE III--THE JUDICIARY

                   Supreme Court of the United States

                         salaries and expenses

          For expenses necessary for the operation of the Supreme 
Court, as required by law, excluding care of the building and grounds, 
including purchase or hire, driving, maintenance, and operation of an 
automobile for the Chief Justice, not to exceed $10,000 for the purpose 
of transporting Associate Justices, and hire of passenger motor 
vehicles as authorized by 31 U.S.C. 1343 and 1344; not to exceed 
$10,000 for official reception and representation expenses; and for 
miscellaneous expenses, to be expended as the Chief Justice may 
approve; $27,157,000.

                    care of the building and grounds

          For such expenditures as may be necessary to enable the 
Architect of the Capitol to carry out the duties imposed upon him by 
the Act approved May 7, 1934 (40 U.S.C. 13a-13b), $2,800,000, of which 
$260,000 shall remain available until expended.

         United States Court of Appeals for the Federal Circuit

                         salaries and expenses

          For salaries of the chief judge, judges, and other officers 
and employees, and for necessary expenses of the court, as authorized 
by law, $15,013,000.

               United States Court of International Trade

                         salaries and expenses

          For salaries of the chief judge and eight judges, salaries of 
the officers and employees of the court, services as authorized by 5 
U.S.C. 3109, and necessary expenses of the court, as authorized by law, 
$11,114,000.

    Courts of Appeals, District Courts, and Other Judicial Services

                         salaries and expenses

                     (including transfer of funds)

          For the salaries of circuit and district judges (including 
judges of the territorial courts of the United States), justices and 
judges retire from office or from regular active service, judges of the 
United States Court of Federal Claims, bankruptcy judges, magistrate 
judges, and all other officers and employees of the Federal Judiciary 
not otherwise specifically provided for, and necessary expenses of the 
courts, as authorized by law, $2,556,000,000 (including the purchase of 
firearms and ammunition); of which not to exceed $13,454,000 shall 
remain available until expended for space alteration projects; of which 
$500,000 shall be transferred to the Commission on Structural 
Alternatives for the Federal Courts of Appeals only after legislation 
is enacted to establish the Commission; of which not to exceed 
$10,000,000 shall remain available until expended for furniture and 
furnishings related to new space alteration and construction projects; 
and of which $500,000 is to remain available until expended for 
acquisition of books, periodicals, and newspapers, and all other legal 
reference materials, including subscriptions.
          In addition, for expenses of the United States Court of 
Federal Claims associated with processing cases under the National 
Childhood Vaccine Injury Act of 1986, not to exceed $2,390,000, to be 
appropriated from the Vaccine Injury Compensation Trust Fund.
          For an additional amount for expenses relating to additional 
workload from the Antiterrorism and Effective Death Penalty Act of 
1996, and for Court Security needs, $10,000,000, to remain available 
until expended: Provided, That the entire amount is designated by 
Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further, That the amount not 
previously designated by the President as an emergency requirement 
shall be available only to the extent an official budget request, for a 
specific dollar amount that includes designation of the entire amount 
of the request as an emergency requirement, as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, is 
transmitted to Congress.

                    violent crime reduction programs

          For activities of the Federal Judiciary as authorized by law, 
$30,000,000, to remain available until expended, which shall be derived 
from the Violent Crime Reduction Trust Fund, as authorized by section 
190001(a) of Public Law 103-322.

                           defender services

          For the operation of Federal Public Defender and Community 
Defender organizations; the compensation and reimbursement of expenses 
of attorneys appointed to represent persons under the Criminal Justice 
Act of 1964, as amended; the compensation and reimbursement of expenses 
of persons furnishing investigative, expert and other services under 
the Criminal Justice Act (18 U.S.C. 3006A(e)); the compensation (in 
accordance with Criminal Justice Act maximums) and reimbursement of 
expenses of attorneys appointed to assist the court in criminal cases 
where the defendant has waived representation by counsel; the 
compensation and reimbursement of travel expenses of guardians ad litem 
acting on behalf of financially eligible minor or incompetent offenders 
in connection with transfers from the United States to foreign 
countries with which the United States has a treaty for the execution 
of penal sentences; and the compensation of attorneys appointed to 
represent jurors in civil actions for the protection of their 
employment, as authorized by 28 U.S.C. 1875(d); $308,000,000, to remain 
available until expended as authorized by 18 U.S.C. 3006A(i).

                    fees of jurors and commissioners

          For fees and expenses of jurors as authorized by 28 U.S.C. 
1871 and 1876; compensation of jury commissioners as authorized by 28 
U.S.C. 1863; and compensation of commissioners appointed in 
condemnation cases pursuant to rule 71A(h) of the Federal Rules of 
Civil Procedure (28 U.S.C. Appendix Rule 71A(h)); $67,000,000, to 
remain available until expended: Provided, That the compensation of 
land commissioners shall not exceed the daily equivalent of the highest 
rate payable under section 5332 of title 5, United States Code.

                             court security

          For necessary expenses, not otherwise provided for, incident 
to the procurement, installation, and maintenance of security equipment 
and protective services for the United States Courts in courtrooms and 
adjacent areas, including building ingress-egress control, inspection 
of packages, directed security patrols, and other similar activities as 
authorized by section 1010 of the Judicial Improvement and Access to 
Justice Act (Public Law 100-702); $127,000,000, to be expended directly 
or transferred to the United States Marshals Service which shall be 
responsible for administering elements of the Judicial Security Program 
consistent with standards or guidelines agreed to by the Director of 
the Administrative Office of the United States Courts and the Attorney 
General.

           Administrative Office of the United States Courts

                         salaries and expenses

          For necessary expenses of the Administrative Office of the 
United States Courts as authorized by law, including travel as 
authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle as 
authorized by 31 U.S.C. 1343(b), advertising and rent in the District 
of Columbia and elsewhere, $49,450,000, of which not to exceed $7,500 
is authorized for official reception and representation expenses.

                        Federal Judicial Center

                         salaries and expenses

          For necessary expenses of the Federal Judicial Center, as 
authorized by Public Law 90-219, $17,495,000; of which $1,800,000 shall 
remain available through September 30, 1998, to provide education and 
training to Federal court personnel; and of which not to exceed $1,000 
is authorized for official reception and representation expenses.

                       Judicial Retirement Funds

                    payment to judiciary trust funds

          For payment to the Judicial Officers' Retirement Fund, as 
authorized by 28 U.S.C. 377(o), $21,000,000, to the Judicial Survivors' 
Annuities Fund, as authorized by 28 U.S.C. 376(c), $7,300,000, and to 
the United States Court of Federal Claims Judges' Retirement Fund, as 
authorized by 28 U.S.C. 178(l), $1,900,000.

                  United States Sentencing Commission

                         salaries and expenses

          For the salaries and expenses necessary to carry out the 
provisions of chapter 58 of title 28, United States Code, $8,490,000, 
of which not to exceed $1,000 is authorized for official reception and 
representation expenses.

                   General Provisions--The Judiciary

          Sec. 301. Appropriations and authorizations made in this 
title which are available for salaries and expenses shall be available 
for services as authorized by 5 U.S.C. 3109.
          Sec. 302. Appropriations made in this title shall be 
available for salaries and expenses of the Special Court established 
under the Regional Rail Reorganization Act of 1973, Public Law 93-236.
          Sec. 303. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Judiciary in this Act may 
be transferred between such appropriations, but no such appropriation, 
except ``Courts of Appeals, District Courts, and other Judicial 
Services, Defender Services'' and ``Courts of Appeals, District Courts, 
and other Judicial Services, Fees of Jurors and Commissioners'', shall 
be increased by more than 10 percent by any such transfers: Provided, 
That any transfer pursuant to this section shall be treated as a 
reprogramming of funds under section 605 of this Act and shall not be 
available for obligation or expenditure except in compliance with the 
procedures set forth in that section.
          Sec. 304. Notwithstanding any other provision of law, the 
salaries and expenses appropriation for district courts, courts of 
appeals, and other judicial services shall be available for official 
reception and representation expenses of the Judicial Conference of the 
United States: Provided, That such available funds shall not exceed 
$10,000 and shall be administered by the Director of the Administrative 
Office of the United States Courts in his capacity as Secretary of the 
Judicial Conference.
          Sec. 305. Section 612(l) of title 28, United States Code, 
shall be amended as follows: strike ``1997'', and insert in lieu 
thereof ``1998''.
          Sec. 306. None of the funds available to the Judiciary in 
fiscal years 1996 and 1997 and hereafter shall be available for 
expenses authorized pursuant to section 802(a) of title VIII of section 
101(a) of title I of the Omnibus Consolidated Rescissions and 
Appropriations Act of 1996, Public Law 104-134, for costs related to 
the appointment of Special Masters prior to April 26, 1996.
          Sec. 307. The United States courthouse at 310 West Sixth 
Street in Medford, Oregon, shall be known and designated as the ``James 
A. Redden Federal Courthouse''.
          Any reference in a law, map, regulation, document, paper, or 
other record of the United States to the United States courthouse at 
310 West Sixth Street in Medford, Oregon, shall be deemed to be a 
reference to the ``James A. Redden Federal Courthouse''.
          This title may be cited as ``The Judiciary Appropriations 
Act, 1997''.

           TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCIES

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

          For necessary expenses of the Department of State and the 
Foreign Service not otherwise provided for, including expenses 
authorized by the State Department Basic Authorities Act of 1956, as 
amended; representation to certain international organizations in which 
the United States participates pursuant to treaties, ratified pursuant 
to the advice and consent of the Senate, or specific Acts of Congress; 
acquisition by exchange or purchase of passenger motor vehicles as 
authorized by 31 U.S.C. 1343, 40 U.S.C. 481(c) and 22 U.S.C. 2674; and 
for expenses of general administration; $1,700,450,000: Provided, That 
notwithstanding section 140(a)(5), and the second sentence of section 
140(a)(3), of the Foreign Relations Authorization Act, Fiscal Years 
1994 and 1995 (Public Law 103-236), not to exceed $150,000,000 of fees 
may be collected during fiscal year 1997 under the authority of section 
140(a)(1) of that Act: Provided further, That all fees collected under 
the preceding proviso shall be deposited in fiscal year 1997 as an 
offsetting collection to appropriations made under this heading to 
recover the costs of providing consular services and shall remain 
available until expended: Provided further, That in fiscal year 1998, a 
system shall be in place that allocates to each department and agency 
the full cost of its presence outside of the United States.
          Of the funds provided under this heading, $24,856,000 shall 
be available only for the Diplomatic Telecommunications Service for 
operation of existing base services and not to exceed $17,230,000 shall 
be available only for the enhancement of the Diplomatic 
Telecommunications Service and shall remain available until expended. 
Of the latter amount, $2,500,000 shall not be made available until 
expiration of the 15 day period beginning on the date when the 
Secretary of State and the Director of the Diplomatic 
Telecommunications Service submit the pilot program report required by 
section 507 of Public Law 103-317.
          In addition, not to exceed $700,000 in registration fees 
collected pursuant to section 38 of the Arms Export Control Act, as 
amended, may be used in accordance with section 45 of the State 
Department Basic Authorities Act of 1956 (22 U.S.C. 2717); and in 
addition not to exceed $1,223,000 shall be derived from fees collected 
from other executive agencies for lease or use of facilities located at 
the International Center in accordance with section 4 of the 
International Center Act (Public Law 90-553), as amended, and in 
addition, as authorized by section 5 of such Act $450,000, to be 
derived from the reserve authorized by that section, to be used for the 
purposes set out in that section; and in addition not to exceed $15,000 
which shall be derived from reimbursements, surcharges, and fees for 
use of Blair House facilities in accordance with section 46 of the 
State Department Basic Authorities Act of 1956 (22 U.S.C. 2718(a)).
          Notwithstanding section 402 of this Act, not to exceed 20 
percent of the amounts made available in this Act in the appropriation 
accounts ``Diplomatic and Consular Programs'' and ``Salaries and 
Expenses'' under the heading ``Administration of Foreign Affairs'' may 
be transferred between such appropriation accounts: Provided, That any 
transfer pursuant to this sentence shall be treated as a reprogramming 
of funds under section 605 of this Act and shall not be available for 
obligation or expenditure except in compliance with the procedures set 
forth in that section.
          For an additional amount for counterterrorism requirements 
overseas, including security guards and equipment, $23,700,000, to 
remain available until expended: Provided, That the entire amount is 
designated by Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended.

                         salaries and expenses

          For expenses necessary for the general administration of the 
Department of State and the Foreign Service, provided for by law, 
including expenses authorized by section 9 of the Act of August 31, 
1964, as amended (31 U.S.C. 3721), and the State Department Basic 
Authorities Act of 1956, as amended, $352,300,000.

                        capital investment fund

          For necessary expenses of the Capital Investment Fund, 
$24,600,000, to remain available until expended, as authorized in 
Public Law 103-236: Provided, That section 135(e) of Public Law 103-236 
shall not apply to funds appropriated under this heading.

                      office of inspector general

          For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended (5 U.S.C. App.), $27,495,000, notwithstanding section 209(a)(1) 
of the Foreign Service Act of 1980, as amended (Public Law 96-465), as 
it relates to post inspections: Provided, That notwithstanding any 
other provision of law, the merger of the Office of Inspector General 
of the United States Information Agency with the Office of Inspector 
General of the Department of State provided for in the Departments of 
Commerce, Justice, and State, the Judiciary and Related Agencies 
Appropriations Act, 1996, contained in Public Law 104-134, is effective 
hereafter.

                       representation allowances

          For representation allowances as authorized by section 905 of 
the Foreign Service Act of 1980, as amended (22 U.S.C. 4085), 
$4,490,000.

              protection of foreign missions and officials

          For expenses, not otherwise provided, to enable the Secretary 
of State to provide for extraordinary protective services in accordance 
with the provisions of section 214 of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 4314) and 3 U.S.C. 208, $8,332,000, 
to remain available until September 30, 1998.

           security and maintenance of united states missions

          For necessary expenses for carrying out the Foreign Service 
Buildings Act of 1926, as amended (22 U.S.C. 292-300), and the 
Diplomatic Security Construction Program as authorized by title IV of 
the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 
U.S.C. 4851), $364,495,000, to remain available until expended as 
authorized by section 24(c) of the State Department Basic Authorities 
Act of 1956 (22 U.S.C. 2696(c)): Provided, That none of the funds 
appropriated in this paragraph shall be available for acquisition of 
furniture and furnishings and generators for other departments and 
agencies.
          For an additional amount for security improvements, necessary 
relocation expenses, and security equipment for United States 
diplomatic facilities and missions overseas, $24,825,000, to remain 
available until expended: Provided, That of this amount $9,400,000 is 
for security projects on behalf of United States and Foreign Commercial 
Service missions and $1,125,000 is for security projects on behalf of 
United States Information Agency missions: Provided further, That the 
entire amount is designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended: Provided further, 
That the amount not previously designated by the President as an 
emergency requirement shall be available only to the extent an official 
budget request, for a specific dollar amount that includes designation 
of the entire amount of the request as an emergency requirement, as 
defined in the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended, is transmitted to Congress.

           emergencies in the diplomatic and consular service

          For expenses necessary to enable the Secretary of State to 
meet unforeseen emergencies arising in the Diplomatic and Consular 
Service pursuant to the requirement of 31 U.S.C. 3526(e), $5,800,000, 
to remain available until expended as authorized by section 24(c) of 
the State Department Basic Authorities Act of 1956 (22 U.S.C. 2696(c)), 
of which not to exceed $1,000,000 may be transferred to and merged with 
the Repatriation Loans Program Account, subject to the same terms and 
conditions.

                   repatriation loans program account

          For the cost of direct loans, $593,000, as authorized by 
section 4 of the State Department Basic Authorities Act of 1956 (22 
U.S.C. 2671): Provided, That such costs, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974. In addition, for administrative 
expenses necessary to carry out the direct loan program, $663,000 which 
may be transferred to and merged with the Salaries and Expenses account 
under Administration of Foreign Affairs.

              payment to the american institute in taiwan

          For necessary expenses to carry out the Taiwan Relations Act, 
Public Law 96-8 (93 Stat. 14), $14,490,000.

     payment to the foreign service retirement and disability fund

          For payment to the Foreign Service Retirement and Disability 
Fund, as authorized by law, $126,491,000.

              International Organizations and Conferences

              contributions to international organizations

          For expenses, not otherwise provided for, necessary to meet 
annual obligations of membership in international multilateral 
organizations, pursuant to treaties ratified pursuant to the advice and 
consent of the Senate, conventions or specific Acts of Congress, 
$892,000,000: Provided, That any payment of arrearages shall be 
directed toward special activities that are mutually agreed upon by the 
United States and the respective international organization: Provided 
further, That 20 percent of the funds appropriated in this paragraph 
for the assessed contribution of the United States to the United 
Nations shall be withheld from obligation and expenditure until a 
certification is made under section 401(b) of Public Law 103-236 for 
fiscal year 1997: Provided further, That certification under section 
401(b) of Public Law 103-236 for fiscal year 1997 may only be made if 
the Committees on Appropriations and Foreign Relations of the Senate 
and the Committees on Appropriations and International Relations of the 
House of Representatives are notified of the steps taken, and 
anticipated, to meet the requirements of section 401(b) of Public Law 
103-236 at least 15 days in advance of the proposed certification: 
Provided further, That none of the funds appropriated in this paragraph 
shall be available for a United States contribution to an international 
organization for the United States share of interest costs made known 
to the United States Government by such organization for loans incurred 
on or after October 1, 1984, through external borrowings: Provided 
further, That of the funds appropriated in this paragraph, $100,000,000 
may be made available only pursuant to a certification by the Secretary 
of State by no later than January 30, 1997, that the United Nations has 
taken no action during calendar year 1996 to increase funding for any 
United Nations program without identifying an offsetting decrease 
elsewhere in the United Nations budget and cause the United Nations to 
exceed its no growth budget for the biennium 1996-1997 adopted in 
December, 1995: Provided further, That if the Secretary of State is 
unable to make the aforementioned certification, the $100,000,000 is to 
be applied to paying the current year assessment for other 
international organizations for which the assessment has not been paid 
in full or to paying the assessment due in the next fiscal year for 
such organizations, subject to the reprogramming procedures contained 
in Section 605 of this Act: Provided further, That notwithstanding 
section 402 of this Act, not to exceed $10,000,000 may be transferred 
from the funds made available under this heading to the ``International 
Conferences and Contingencies'' account for assessed contributions to 
new or provisional international organizations or for travel expenses 
of official delegates to international conferences: Provided further, 
That any transfer pursuant to this paragraph shall be treated as a 
reprogramming of funds under section 605 of this Act and shall not be 
available for obligation or expenditure except in compliance with the 
procedures set forth in that section.

        contributions for international peacekeeping activities

          For necessary expenses to pay assessed and other expenses of 
international peacekeeping activities directed to the maintenance or 
restoration of international peace and security $352,400,000, of which 
$50,000,000 is for payment of arrearages accumulated in 1995, and which 
shall be available only upon certification by the Secretary of State 
that at least two of the following have been achieved: (1) savings of 
at least $100,000,000 will be achieved in the biennial expenses of the 
following United Nations divisions and activities--the United Nations 
Conference on Trade and Development, the Regional Economic Commissions, 
the Department of Public Information, and the Department of Conference 
Services, travel and overtime; (2) the number of professional and 
general service staff employed by the United Nations Secretariat at the 
conclusion of the 1996-1997 biennium will be at least ten percent below 
the number of such positions on January 1, 1996; and (3) the United 
Nations has adopted a budget outline for the 1998-1999 biennium that is 
below $2,608,000,000; as part of a five-year program to achieve major 
cost-saving reforms in the United Nations and specialized agencies: 
Provided, That none of the funds made available under this Act shall be 
obligated or expended for any new or expanded United Nations 
peacekeeping mission unless, at least fifteen days in advance of voting 
for the new or expanded mission in the United Nations Security Council 
(or in an emergency, as far in advance as is practicable), (1) the 
Committees on Appropriations of the House of Representatives and the 
Senate and other appropriate Committees of the Congress are notified of 
the estimated cost and length of the mission, the vital national 
interest that will be served, and the planned exit strategy; and (2) a 
reprogramming of funds pursuant to section 605 of this Act is 
submitted, and the procedures therein followed, setting forth the 
source of funds that will be used to pay for the cost of the new or 
expanded mission: Provided further, That funds shall be available for 
peacekeeping expenses only upon a certification by the Secretary of 
State to the appropriate committees of the Congress that American 
manufacturers and suppliers are being given opportunities to provide 
equipment, services, and material for United Nations peacekeeping 
activities equal to those being given to foreign manufacturers and 
suppliers.

                       International Commissions

          For necessary expenses, not otherwise provided for, to meet 
obligations of the United States arising under treaties, or specific 
Acts of Congress, as follows:

 international boundary and water commission, united states and mexico

          For necessary expenses for the United States Section of the 
International Boundary and Water Commission, United States and Mexico, 
and to comply with laws applicable to the United States Section, 
including not to exceed $6,000 for representation; as follows:

                         salaries and expenses

          For salaries and expenses, not otherwise provided for, 
$15,490,000.

                              construction

          For detailed plan preparation and construction of authorized 
projects, $6,463,000, to remain available until expended, as authorized 
by section 24(c) of the State Department Basic Authorities Act of 1956 
(22 U.S.C. 2696(c)).

              american sections, international commissions

          For necessary expenses, not otherwise provided for the 
International Joint Commission and the international Boundary 
Commission, United States and Canada, as authorized by treaties between 
the United States and Canada or Great Britain, and for the Border 
Environment Cooperation Commission as authorized by Public Law 103-182; 
$5,490,000, of which not to exceed $9,000 shall be available for 
representation expenses incurred by the International Joint Commission.

                  international fisheries commissions

          For necessary expenses for international fisheries 
commissions, not otherwise provided for, as authorized by law, 
$14,549,000: Provided,That the United States' share of such expenses 
may be advanced to the respective commissions, pursuant to 31 U.S.C. 
3324.

                                 Other

                     payment to the asia foundation

          For a grant to the Asia Foundation, as authorized by section 
501 of Public Law 101-246, $8,000,000, to remain available until 
expended, as authorized by section 24(c) of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2696(c)).

                            RELATED AGENCIES

                  Arms Control and Disarmament Agency

                arms control and disarmament activities

          For necessary expenses not otherwise provided, for arms 
control, nonproliferation, and disarmament activities, $41,500,000 of 
which not to exceed $50,000 shall be for official reception and 
representation expenses as authorized by the Act of September 26, 1961, 
as amended (22 U.S.C. 2551 et seq.).

                    United States Information Agency

                         salaries and expenses

          For expenses, not otherwise provided for, necessary to enable 
the United States Information Agency, as authorized by the Mutual 
Educational and Cultural Exchange Act of 1961, as amended (22 U.S.C. 
2451 et seq.), the United States Information and Educational Exchange 
Act of 1948, as amended (22 U.S.C. 1431 et seq.), and Reorganization 
Plan No. 2 of 1977 (91 Stat. 1636), to carry out international 
communication, educational and cultural activities; and to carry out 
related activities authorized by law, including employment, without 
regard to civil service and classification laws, of persons on a 
temporary basis (not to exceed $700,000 of this appropriation), as 
authorized by section 801 of such Act of 1948 (22 U.S.C. 1471), and 
entertainment, including official receptions, within the United States, 
not to exceed $25,000 as authorized by section 804(3) of such Act of 
1948 (22 U.S.C. 1474(3)); $440,000,000: Provided, That not to exceed 
$1,400,000 may be used for representation abroad as authorized by 
section 302 of such Act of 1948 (22 U.S.C. 1452) and section 905 of the 
Foreign Service Act of 1980 (22 U.S.C. 4085): Provided further, That 
not to exceed $7,615,000, to remain available until expended, may be 
credited to this appropriation from fees or other payments received 
from or in connection with English teaching, library, motion pictures, 
and publication programs as authorized by section 810 of such Act of 
1948 (22 U.S.C. 1475e) and, notwithstanding any other law, fees from 
student advising and counseling: Provided further, That not to exceed 
$1,100,000 to remain available until expended may be used to carry out 
projects involving security construction and related improvements for 
agency facilities not physically located together with Department of 
State facilities abroad.
          For an additional amount for necessary expenses relating to 
security, $1,375,000: Provided, That the entire amount is designated by 
Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, a amended.

                            technology fund

          For expenses necessary to enable the United States 
Information Agency to provide for the procurement of information 
technology improvements, as authorized by the United States Information 
and Educational Exchange Act of 1948, as amended (22 U.S.C. 1431 et 
seq.), the Mutual Educational and Cultural Exchange Act of 1961, as 
amended (22 U.S.C. 2451 et seq.), and Reorganization Plan No. 2 of 1977 
(91 Stat. 1636), $5,050,000, to remain available until expended.

               educational and cultural exchange programs

          For expenses of educational and cultural exchange programs, 
as authorized by the Mutual Educational and Cultural Exchange Act of 
1961, as amended (22 U.S.C. 2451 et seq.), and Reorganization Plan No. 
2 of 1977 (91 Stat. 1636), $185,000,000, to remain available until 
expended as authorized by section 105 of such Act of 1961 (22 U.S.C. 
2455).

           eisenhower exchange fellowship program trust fund

          For necessary expenses of Eisenhower Exchange Fellowships, 
Incorporated, as authorized by sections 4 and 5 of the Eisenhower 
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and 
earnings accruing to the Eisenhower Exchange Fellowship Program Trust 
Fund on or before September 30, 1997, to remain available until 
expended: Provided, That none of the funds appropriated herein shall be 
used to pay any salary or other compensation, or to enter into any 
contract providing for the payment thereof, in excess of the rate 
authorized by 5 U.S.C. 5376; or for purposes which are not in 
accordance with OMB Circulars A-110 (Uniform Administrative 
Requirements) and A-122) (Cost Principles for Non-profit 
Organizations), including the restrictions on compensation for personal 
services.

                    israeli arab scholarship program

          For necessary expenses of the Israeli Arab Scholarship 
Program as authorized by section 214 of the Foreign Relations 
Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all 
interest and earnings accruing to the Israeli Arab Scholarship Fund on 
or before September 30, 1997, to remain available until expended.

                 international broadcasting operations

          For expenses necessary to enable the United States 
Information Agency, as authorized by the United States Information and 
Educational Exchange Act of 1948, as amended, the United States 
International Broadcasting Act of 1994, as amended, and Reorganization 
Plan No. 2 of 1977, to carry out international communication 
activities; $325,000,000, of which not to exceed $16,000 may be used 
for official receptions within the United States as authorized by 
section 804(3) of such Act of 1948 (22 U.S.C. 1747(3)), not to exceed 
$35,000 may be used for representation abroad as authorized by section 
302 of such Act of 1948 (22 U.S.C. 1452) and section 905 of the Foreign 
Service Act of 1980 (22 U.S.C. 4085), and not to exceed $39,000 may be 
used for official reception and representation expenses of Radio Free 
Europe/Radio Liberty; and in addition, not to exceed $250,000 from fees 
as authorized by section 810 of such Act of 1948 (22 U.S.C. 1475e), to 
remain available until expended for carrying out authorized purposes; 
and in addition, notwithstanding any other provision of law, not to 
exceed $1,000,000 in monies received (including receipts from 
advertising, if any) by or for the use of the United States Information 
Agency from or in connection with broadcasting resources owned by or on 
behalf of the Agency, to be available until expended for carrying out 
authorized purposes.

                          broadcasting to cuba

          For expenses necessary to enable the United States 
Information Agency to carry out the Radio Broadcasting to Cuba Act, as 
amended, the Television Broadcasting to Cuba Act, and the International 
Broadcasting Act of 1994, including the purchase, rent, construction, 
and improvement of facilities for radio and television transmission and 
reception, and purchase and installation of necessary equipment for 
radio and television transmission and reception, $25,000,000, to remain 
available until expended.

                           radio construction

          For the purchase, rent, construction, and improvement of 
facilities for radio transmission and reception, and purchase and 
installation of necessary equipment for radio and television 
transmission and reception as authorized by section 801 of the United 
States Information and Educational Exchange Act of 1948 (22 U.S.C. 
1471), $35,490,000, to remain available until expended, as authorized 
by section 704(a) of such Act of 1948 (22 U.S.C. 1477b(a)).

                            east-west center

          To enable the Director of the United States Information 
Agency to provide for carrying out the provisions of the Center for 
Cultural and Technical Interchange Between East and West Act of 1960 
(22 U.S.C. 2054-2057), by grant to the Center for Cultural and 
Technical Interchange Between East and West in the State of Hawaii, 
$10,000,000: Provided, That none of the funds appropriated herein shall 
be used to pay any salary, or enter into any contract providing for the 
payment thereof, in excess of the rate authorized by 5 U.S.C. 5376.

                           north/south center

          To enable the Director of the United States Information 
Agency to provide for carrying out the provisions of the North/South 
Center Act of 1991 (22 U.S.C. 2075), by grant to an educational 
institution in Florida known as the North/South Center, $1,495,000, to 
remain available until expended.

                    national endowment for democracy

          For grants made by the United States Information Agency to 
the National Endowment for Democracy as authorized by the National 
Endowment for Democracy Act, $30,000,000, to remain available until 
expended.

      General Provisions--Department of State and Related Agencies

          Sec. 401. Funds appropriated under this title shall be 
available, except as otherwise provided, for allowances and 
differentials as authorized by subchapter 59 of 5 U.S.C.; for services 
as authorized by 5 U.S.C. 3109; and hire of passenger transportation 
pursuant to 31 U.S.C. 1343(b).
          Sec. 402. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of State in 
this Act may be transferred between such appropriations, but no such 
appropriations, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided, That 
not to exceed 5 percent of any appropriation made available for the 
current fiscal year for the United States Information Agency in this 
Act may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided 
further, That any transfer pursuant to this section shall be treated as 
a reprogramming of funds under section 605 of this Act and shall not be 
available for obligation or expenditure except in compliance with the 
procedures set forth in that section.
          Sec. 403. Funds hereafter appropriated or otherwise made 
available under this Act or any other Act may be expended for 
compensation of the United States Commissioner of the International 
Boundary Commission, United States and Canada, only for actual hours 
worked by such Commissioner.
          Sec. 404. Funds appropriated by this Act for the United 
States Information Agency, the Arms Control and Disarmament Agency, and 
the Department of State may be obligated and expended notwithstanding 
section 701 of the United States Information and Educational Exchange 
Act of 1948 and section 313 of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995, section 53 of the Arms Control and 
Disarmament Act, and section 15 of the State Department Basic 
Authorities Act of 1956.
          Sec. 405. Any costs incurred by a Department or agency funded 
under this title resulting from personnel actions taken in response to 
funding reductions included in this title shall be absorbed within the 
total budgetary resources available to such Department or agency: 
Provided, That the authority to transfer funds between appropriations 
accounts as may be necessary to carry out this section is provided in 
addition to authorities included elsewhere in this Act: Provided 
further, That use of funds to carry out this section shall be treated 
as a reprogramming of funds under section 605 of this Act and shall not 
be available for obligation or expenditure except in compliance with 
the procedures set forth in that section.
          Sec. 406. Starting sixty days after enactment of this Act, 
none of the funds made available by this Act may be made available to 
support the activities of the Standing Consultative Commission (SCC) 
unless the President provides to the Congress a report containing a 
detailed analysis of whether the Memorandum of Understanding on 
Succession and the Agreed Statement regarding Demarcation agreed to by 
the Standing Consultative Commission on June 24, 1996, which was 
reaffirmed by Secretary of State Warren Christopher and Minister of 
Foreign Affairs Evgeny Primakov on September 23, 1996, represent 
substantive changes to the Anti-Ballistic Missile Treaty of 1972 and 
whether these agreements will require the advice and consent of the 
Senate of the United States.
          Sec. 407. Section 1 of the Act of June 4, 1920 (41 Stat. 750; 
22 U.S.C. 214) is amended by--
            (1) inserting before the period at the end of the first 
        sentence the following: ``; except that the Secretary of State 
        may by regulation authorize State officials or the United 
        States Postal Service to collect and retain the execution fee 
        for each application for a passport accepted by such officials 
        or by that Service''; and
            (2) striking the second sentence.
          This title may be cited as the ``Department of State and 
Related Agencies Appropriations Act, 1997''.

                       TITLE V--RELATED AGENCIES

                      DEPARTMENT OF TRANSPORTATION

                        Maritime Administration

                    operating-differential subsidies

                  (liquidation of contract authority)

          For the payment of obligations incurred for operating-
differential subsidies, as authorized by the Merchant Marine Act, 1936, 
as amended, $148,430,000, to remain available until expended.

                       maritime security program

          For necessary expenses to maintain and preserve a U.S.-flag 
merchant fleet to serve the national security needs of the United 
States, $54,000,000, to remain available until expended: Provided, That 
these funds will be available only upon enactment of an authorization 
for this program.

                        operations and training

          For necessary expenses of operations and training activities 
authorized by law, $65,000,000: Provided, That reimbursements may be 
made to this appropriation from receipts to the ``Federal Ship 
Financing Fund'' for administrative expenses in support of that program 
in addition to any amount heretofore appropriated.

          maritime guaranteed loan (title xi) program account

          For the cost of guaranteed loans, as authorized by the 
Merchant Marine Act, 1936, $37,450,000, to remain available until 
expended: Provided, That such costs, including the cost of modifying 
such loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974, as amended: Provided further, That these funds are 
available to subsidize total loan principal, any part of which is to be 
guaranteed, not to exceed $1,000,000,000.
          In addition, for administrative expenses to carry out the 
guaranteed loan program, not to exceed $3,450,000, which shall be 
transferred to and merged with the appropriation for Operations and 
Training.

           administrative provisions--maritime administration

          Notwithstanding any other provision of this Act, the Maritime 
Administration is authorized to furnish utilities and services and make 
necessary repairs in connection with any lease, contract, or occupancy 
involving Government property under control of the Maritime 
Administration, and payments received therefor shall be credited to the 
appropriation charged with the cost thereof: Provided, That rental 
payments under any such lease, contract, or occupancy for items other 
than such utilities, services, or repairs shall be covered into the 
Treasury as miscellaneous receipts.
          No obligations shall be incurred during the current fiscal 
year from the construction fund established by the Merchant Marine Act, 
1936, or otherwise, in excess of the appropriations and limitations 
contained in this Act or in any prior appropriation Act, and all 
receipts which otherwise would be deposited to the credit of said fund 
shall be covered into the Treasury as miscellaneous receipts.

      Commission for the Preservation of America's Heritage Abroad

                         salaries and expenses

          For expenses for the Commission for the Preservation of 
America's Heritage Abroad, $206,000, as authorized by Public Law 99-83, 
section 1303.

                       Commission on Civil Rights

                         salaries and expenses

          For necessary expenses of the Commission on Civil Rights, 
including hire of passenger motor vehicles, $8,740,000: Provided, That 
not to exceed $50,000 may be used to employ consultants: Provided 
further, That none of the funds appropriated in this paragraph shall be 
used to employ in excess of four full-time individuals under Schedule C 
of the Excepted Service exclusive of one special assistant for each 
Commissioner: Provided further, That none of the funds appropriated in 
this paragraph shall be used to reimburse Commissioners for more than 
75 billable days, with the exception of the Chairperson who is 
permitted 125 billable days.

                    Commission on Immigration Reform

                         salaries and expenses

          For necessary expenses of the Commission on Immigration 
Reform pursuant to section 141(f) of the Immigration Act of 1990, 
$2,196,000, to remain available until expended.

            Commission on Security and Cooperation in Europe

                         salaries and expenses

          For necessary expenses of the Commission on Security and 
Cooperation in Europe, as authorized by Public Law 94-304, $1,090,000, 
to remain available until expended as authorized by section 3 of Public 
Law 99-7.

                Equal Employment Opportunity Commission

                         salaries and expenses

          For necessary expenses of the Equal Employment Opportunity 
Commission as authorized by title VII of the Civil Rights Act of 1964, 
as amended (29 U.S.C. 206(d) and 621-634), the Americans with 
Disabilities Act of 1990, and the Civil Rights Act of 1991, including 
services as authorized by 5 U.S.C. 3109; hire of passenger motor 
vehicles as authorized by 31 U.S.C. 1343(b); non-monetary awards to 
private citizens; not to exceed $27,500,000, for payments to State and 
local enforcement agencies for services to the Commission pursuant to 
title VII of the Civil Rights Act of 1964, as amended, sections 6 and 
14 of the Age Discrimination in Employment Act, the Americans with 
Disabilities Act of 1990, and the Civil Rights Act of 1991; 
$239,740,000: Provided, That the Commission is authorized to make 
available for official reception and representation expenses not to 
exceed $2,500 from available funds.

                   Federal Communications Commission

                         salaries and expenses

          For necessary expenses of the Federal Communications 
Commission, as authorized by law, including uniforms and allowances 
therefor, as authorized by 5 U.S.C. 5901-02; not to exceed $600,000 for 
land and structure; not to exceed $500,000 for improvement and care of 
grounds and repair to buildings; not to exceed $4,000 for official 
reception and representation expenses; purchase (not to exceed sixteen) 
and hire of motor vehicles; special counsel fees; and services as 
authorized by 5 U.S.C. 3109; $189,079,000, of which not to exceed 
$300,000 shall remain available until September 30, 1998, for research 
and policy studies: Provided, That $152,523,000 of offsetting 
collections shall be assessed and collected pursuant to section 9 of 
title I of the Communications Act of 1934, as amended, and shall be 
retained and used for necessary expenses in this appropriation, and 
shall remain available until expended: Provided further, That the sum 
herein appropriated shall be reduced as such offsetting collections are 
received during fiscal year 1997 so as to result in a final fiscal year 
1997 appropriation estimated at $36,556,000: Provided further, That any 
offsetting collections received in excess of $152,523,000 in fiscal 
year 1997 shall remain available until expended, but shall not be 
available for obligation until October 1, 1997.

                      Federal Maritime Commission

                         salaries and expenses

          For necessary expenses of the Federal Maritime Commission as 
authorized by section 201(d) of the Merchant Marine Act of 1936, as 
amended (46 App. U.S.C. 1111), including services as authorized by 5 
U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 
U.S.C. 1343(b); and uniforms or allowances therefor, as authorized by 5 
U.S.C. 5901-02; $14,000,000: Provided, That not to exceed $2,000 shall 
be available for official reception and representation expenses.

                        Federal Trade Commission

                         salaries and expenses

          For necessary expenses of the Federal Trade Commission, 
including uniforms or allowances therefor, as authorized by 5 U.S.C. 
5901-5902; services as authorized by 5 U.S.C. 3109; hire of passenger 
motor vehicles; and not to exceed $2,000 for official reception and 
representation expenses; $85,930,000: Provided, That not to exceed 
$300,000 shall be available for use to contract with a person or 
persons for collection services in accordance with the terms of 31 
U.S.C. 3718, as amended: Provided further, That notwithstanding any 
other provision of law, not to exceed $58,905,000 of offsetting 
collections derived from fees collected for premerger notification 
filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 
(15 U.S.C. 18(a)) shall be retained and used for necessary expenses in 
this appropriation, and shall remain available until expended: Provided 
further, That the sum herein appropriated from the General Fund shall 
be reduced as such offsetting collections are received during fiscal 
year 1997, so as to result in a final fiscal year 1997 appropriation 
from the General Fund estimated at not more than $27,025,000, to remain 
available until expended: Provided further, That any fees received in 
excess of $58,905,000 in fiscal year 1997 shall remain available until 
expended, but shall not be available for obligation until October 1, 
1997: Provided further, That none of the funds made available to the 
Federal Trade Commission shall be available for obligation for expenses 
authorized by section 151 of the Federal Deposit Insurance Corporation 
Improvement Act of 1991 (Public Law 102-242, 105 Stat. 2282-2285).

                    Gambling Impact Study Commission

                         salaries and expenses

          For necessary expenses of the National Gambling Impact Study 
Commission, $4,000,000 to remain available until expended: Provided, 
That these funds will be available only upon enactment of an 
authorization for this Commission.

                       Legal Services Corporation

               payment to the legal services corporation

          For payment to the Legal Services Corporation to carry out 
the purposes of the Legal Services Corporation Act of 1974, as amended, 
$283,000,000, of which $274,400,000 is for basic field programs and 
required independent audits; $1,500,000 is for the Office of Inspector 
General, of which such amounts as may be necessary may be used to 
conduct additional audits of recipients; and $7,100,000 is for 
management and administration.

         administrative provisions--legal services corporation

          Sec. 501. (a) Continuation of Competitive Selection 
Process.--None of the funds appropriated in this Act to the Legal 
Services Corporation may be used to provide financial assistance to any 
person or entity except through a competitive selection process 
conducted in accordance with regulations promulgated by the Corporation 
in accordance with the criteria set forth in subsections (c), (d), and 
(e) of section 503 of Public Law 104-134 (110 Stat. 1321-52 et seq.).
          (b) Inapplicability of Noncompetitive Procedures.--For 
purposes of the funding provided in this Act, rights under sections 
1007(a)(9) and 1011 of the Legal Services Corporation Act (42 U.S.C. 
2996f(a)(9) and 42 U.S.C. 2996j) shall not apply.
          Sec. 502. (a) Continuation of Requirements and 
Restrictions.--None of the funds appropriated in this Act to the Legal 
Services Corporation shall be expended for any purpose prohibited or 
limited by, or contrary to any of the provisions of--
            (1) sections 501, 502, 505, 506, and 507 of Public Law 104-
        134 (110 Stat. 1321-51 et seq.), and all funds appropriated in 
        this Act to the Legal Services Corporation shall be subject to 
        the same terms and conditions as set forth in such sections, 
        except that all references in such sections to 1995 and 1996 
        shall be deemed to refer instead to 1996 and 1997, 
        respectively; and
            (2) section 504 of Public Law 104-134 (110 Stat. 1321-53 et 
        seq.), and all funds appropriated in this Act to the Legal 
        Services Corporation shall be subject to the same terms and 
        conditions set forth in such section, except that--
                    (A) subsection (c) of such section 504 shall not 
                apply;
                    (B) paragraph (3) of section 508(b) of Public Law 
                104-134 (110 Stat. 1321-58) shall apply with respect to 
                the requirements of subsection (a)(13) of such section 
                504, except that all references in such section 508(b) 
                to the date of enactment shall be deemed to refer to 
                April 26, 1996; and
                    (C) subsection (a)(11) of such section 504 shall 
                not be construed to prohibit a recipient from using 
                funds derived from a source other than the Corporation 
                to provide related legal assistance to--
                            (i) an alien who has been battered or 
                        subjected to extreme cruelty in the United 
                        States by a spouse or a parent, or by a member 
                        of the spouse's or parent's family residing in 
                        the same household as the alien and the spouse 
                        or parent consented or acquiesced to such 
                        battery or cruelty; or
                            (ii) an alien whose child has been battered 
                        or subjected to extreme cruelty in the United 
                        States by a spouse or parent of the alien 
                        (without the active participation of the alien 
                        in the battery or extreme cruelty), or by a 
                        member of the spouse's or parent's family 
                        residing in the same household as the alien and 
                        the spouse or parent consented or acquiesced to 
                        such battery or cruelty, and the alien did not 
                        actively participate in such battery or 
                        cruelty.
          (b) Definitions.--For purposes of subsection (a)(2)(C):
            (1) The term ``battered or subjected to extreme cruelty'' 
        has the meaning given such term under regulations issued 
        pursuant to subtitle G of the Violence Against Women Act of 
        1994 (Pub. L. 103-322; 108 Stat. 1953).
            (2) The term ``related legal assistance'' means legal 
        assistance directly related to the prevention of, or obtaining 
        of relief from, the battery or cruelty described in such 
        subsection.
          Sec. 503. (a) Continuation of Audit Requirements.--The 
requirements of section 509 of Public Law 104-134 (110 Stat. 1321-58 et 
seq.), other than subsection (l) of such section, shall apply during 
fiscal year 1997.
          (b) Requirement of Annual Audit.--An annual audit of each 
person or entity receiving financial assistance from the Legal Services 
Corporation under this Act shall be conducted during fiscal year 1997 
in accordance with the requirements referred to in subsection (a).

                        Marine Mammal Commission

                         salaries and expenses

          For necessary expenses of the Marine Mammal Commission as 
authorized by title II of Public Law 92-522, as amended, $1,189,000.

                 National Bankruptcy Review Commission

                         salaries and expenses

          For necessary expenses of the National Bankruptcy Review 
Commission, as authorized by the Bankruptcy Reform Act of 1994, 
$494,000.

                      Ounce of Prevention Council

          For activities authorized by sections 30101 and 30102 of 
Public Law 103-322 (including administrative costs), $1,500,000, to 
remain available until expended, for the Ounce of Prevention Grant 
Program: Provided, That the Council may accept and use gifts and 
donations, both real and personal, for the purpose of aiding or 
facilitating the authorized activities of the Council, of which not to 
exceed $5,000 may be used for official reception and representation 
expenses.

                   Securities and Exchange Commission

                         salaries and expenses

          For necessary expenses for the Securities and Exchange 
Commission, including services as authorized by 5 U.S.C. 3109, the 
rental of space (to include multiple year leases) in the District of 
Columbia and elsewhere, and not to exceed $3,000 for official reception 
and representation expenses, $260,400,000, of which not to exceed 
$10,000 may be used toward funding a permanent secretariat for the 
International Organization of Securities Commissions, and of which not 
to exceed $100,000 shall be available for expenses for consultations 
and meetings hosted by the Commission with foreign governmental and 
other regulatory officials, members of their delegations, appropriate 
representatives and staff to exchange views concerning developments 
relating to securities matters, development and implementation of 
cooperation agreements concerning securities matters and provision of 
technical assistance for the development of foreign securities markets, 
such expenses to include necessary logistic and administrative expenses 
and the expenses of Commission staff and foreign invitees in attendance 
at such consultations and meetings including (1) such incidental 
expenses as meals taken in the course of such attendance, (2) any 
travel and transportation to or from such meetings, and (3) any other 
related lodging or subsistance: Provided,That immediately upon 
enactment of this Act, the rate of fees under section 6(b) of the 
Securities Act of 1933 (15 U.S.C. 77f(b)) shall increase from one-
fiftieth of one percentum to one-thirty-third of one percentum, and 
such increase shall be deposited as an offsetting collection to this 
appropriation, to remain available until expended, to recover costs of 
services of the securities registration process: Provided further,That 
effective January 1, 1997, every national securities association shall 
pay to the Commission a fee at a rate of one-three-hundredth of one 
percentum of the aggregate dollar amount of sales transacted by or 
through any member of such association otherwise than on a national 
securities exchange (other than bonds, debentures, and other evidences 
of indebtedness) subject to prompt last sale reporting pursuant to the 
rules of the Commission or a registered national securities 
association, excluding any sales for which a fee is paid under section 
31 of the Securities Exchange Act of 1934 (15 U.S.C. 78ee), and such 
increase shall be deposited as an offsetting collection to this 
appropriation, to remain available until expended, to recover the costs 
to the Government of the supervision and regulation of securities 
markets and securities professionals: Provided further, That the fee 
due from every national securities association shall be paid on or 
before September 30, 1997, with respect to transactions and sales 
occurring during the period beginning on January 1, 1997, and ending at 
the close of August 31, 1997: Provided further, That the total amount 
appropriated for fiscal year 1997 under this heading shall be reduced 
as all such offsetting fees are deposited to this appropriation so as 
to result in a final total fiscal year 1997 appropriation from the 
General Fund estimated at not more than $37,778,000: Provided further, 
That any such fees collected in excess of $222,622,000 shall remain 
available until expended but shall not be available for obligation 
until October 1, 1997.

                     Small Business Administration

                         salaries and expenses

          For necessary expenses, not otherwise provided for, of the 
Small Business Administration as authorized by Public Law 103-403, 
including hire of passenger motor vehicles as authorized by 31 U.S.C. 
1343 and 1344, and not to exceed $3,500 for official reception and 
representation expenses, $223,547,000, of which $1,000,000 shall only 
be available for obligation and expenditure for projects jointly 
developed, implemented and administered with the Minority Business 
Development Agency of the Department of Commerce: Provided, That the 
Administrator is authorized to charge fees to cover the cost of 
publications developed by the Small Business Administration, and 
certain loan servicing activities: Provided further, That 
notwithstanding 31 U.S.C. 3302, revenues received from all such 
activities shall be credited to this account, to be available for 
carrying out these purposes without further appropriations: Provided 
further, That $75,500,000 shall be available to fund grants for 
performance in fiscal year 1997 or fiscal year 1998 as authorized by 
section 21 of the Small Business Act, as amended. In addition, for 
expenses not otherwise provided for, of the Small Business 
Administration, $11,500,000, of which: $3,000,000 shall be available 
for a grant to continue the WVHTC Foundation outreach program to assist 
small business development; $7,000,000 shall be available for a grant 
to the Center for Rural Development in Somerset, Kentucky, for small 
business and rural technology development assistance; $1,000,000 shall 
be available for a grant to Indiana State University for the renovation 
and equipping of a training facility, to assist in creating small 
business and economic development opportunities; and $500,000 shall be 
available for a continuation grant to the Center for Entrepreneurial 
Opportunity in Greensburg, Pennsylvania, to provide for small business 
consulting and assistance.

                      office of inspector general

          For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended (5 U.S.C. App. 1-11, as amended by Public Law 100-504), 
$9,000,000.

                     business loans program account

          For the cost of direct loans, $1,691,000, and for the cost of 
guaranteed loans, $182,017,000, as authorized by 15 U.S.C. 631 note, of 
which $2,317,000, to be available until expended, shall be for the 
Microloan Guarantee Program, and of which $40,510,000 shall remain 
available until September 30, 1998: Provided, That such costs, 
including the cost of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974: Provided further, 
That during fiscal year 1997, commitments to guarantee loans under 
section 503 of the Small Business Investment Act of 1958, as amended, 
shall not exceed the amount of financings authorized under section 
20(n)(2)(B) of the Small Business Act, as amended.
          In addition, for administrative expenses to carry out the 
direct and guaranteed loan programs, $94,000,000, which may be 
transferred to and merged with the appropriations for Salaries and 
Expenses.

                     disaster loans program account

          For the cost of direct loans authorized by section 7(b) of 
the Small Business Act, as amended, $105,432,000, to remain available 
until expended: Provided, That such costs, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974.
          In addition, for administrative expenses to carry out the 
direct loan program, $86,500,000, including not to exceed $500,000 for 
the Office of Inspector General of the Small Business Administration 
for audits and reviews of disaster loans and the disaster loan program, 
and said sums may be transferred to and merged with appropriations for 
Salaries and Expenses and Office of Inspector General.

                 surety bond guarantees revolving fund

          For additional capital for the ``Surety Bond Guarantees 
Revolving Fund'', authorized by the Small Business Investment Act, as 
amended, $3,730,000, to remain available without fiscal year limitation 
as authorized by 15 U.S.C. 631 note.

        administrative provision--small business administration

          Sec. 504. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Small Business 
Administration in this Act may be transferred between such 
appropriations, but no such appropriation shall be increased by more 
than 10 percent by any such transfers: Provided, That any transfer 
pursuant to this section shall be treated as a reprogramming of funds 
under section 605 of this Act and shall not be available for obligation 
or expenditure except in compliance with the procedures set forth in 
that section.

                        State Justice Institute

                         salaries and expenses

          For necessary expenses of the State Justice Institute, as 
authorized by the State Justice Institute Authorization Act of 1992 
(Public Law 102-572 (106 Stat. 4515-4516)), $6,000,000, to remain 
available until expended: Provided, That not to exceed $2,500 shall be 
available for official reception and representation expenses.

                      TITLE VI--GENERAL PROVISIONS

          Sec. 601. No part of any appropriation contained in this Act 
shall be used for publicity or propaganda purposes not authorized by 
the Congress.
          Sec. 602. No part of any appropriation contained in this Act 
shall remain available for obligation beyond the current fiscal year 
unless expressly so provided herein.
          Sec. 603. The expenditure of any appropriation under this Act 
for any consulting service through procurement contract, pursuant to 5 
U.S.C. 3109, shall be limited to those contracts where such 
expenditures are a matter of public record and available for public 
inspection, except where otherwise provided under existing law, or 
under existing Executive order issued pursuant to existing law.
          Sec. 604. If any provision of this Act or the application of 
such provision to any person or circumstances shall be held invalid, 
the remainder of the Act and the application of each provision to 
persons or circumstances other than those as to which it is held 
invalid shall not be affected thereby.
          Sec. 605. (a) None of the funds provided under this Act, or 
provided under previous appropriations Acts to the agencies funded by 
this Act that remain available for obligation or expenditure in fiscal 
year 1997, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditure 
through a reprogramming of funds which (1) creates new programs; (2) 
eliminates a program, project, or activity; (3) increases funds or 
personnel by any means for any project or activity for which funds have 
been denied or restricted; (4) relocates an office or employees; (5) 
reorganizes offices, programs, or activities; or (6) contracts out or 
privatizes any functions, or activities presently performed by Federal 
employees; unless the Appropriations Committees of both Houses of 
Congress are notified fifteen days in advance of such reprogramming of 
funds.
          (b) None of the funds provided under this Act, or provided 
under previous appropriations Acts to the agencies funded by this Act 
that remain available for obligation or expenditure in fiscal year 
1997, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditure 
for activities, programs, or projects through a reprogramming of funds 
in excess of $500,000 or 10 percent, whichever is less, that (1) 
augments existing programs, projects, or activities; (2) reduces by 10 
percent funding for any existing program, project, or activity, or 
numbers of personnel by 10 percent as approved by Congress; or (3) 
results from any general savings from a reduction in personnel which 
would result in a change in existing programs, activities, or projects 
as approved by Congress; unless the Appropriations Committees of both 
Houses of Congress are notified fifteen days in advance of such 
reprogramming of funds.
          Sec. 606. None of the funds made available in this Act may be 
used for the construction, repair (other than emergency repair), 
overhaul, conversion, or modernization of vessels for the National 
Oceanic and Atmospheric Administration in shipyards located outside of 
the United States.
          Sec. 607. (a) Purchase of American-Made Equipment and 
Products.--It is the sense of the Congress that, to the greatest extent 
practicable, all equipment and products purchased with funds made 
available in this Act should be American-made.
          (b) Notice Requirement.--In providing financial assistance 
to, or entering into any contract with, any entity using funds made 
available in this Act, the head of each Federal agency, to the greatest 
extent practicable, shall provide to such entity a notice describing 
the statement made in subsection (a) by the Congress.
          (c) Prohibition of Contracts With Persons Falsely Labeling 
Products as Made in America.--If it has been finally determined by a 
court or Federal agency that any person intentionally affixed a label 
bearing a ``Made in America'' inscription, or any inscription with the 
same meaning, to any product sold in or shipped to the United States 
that is not made in the United States, the person shall be ineligible 
to receive any contract or subcontract made with funds made available 
in this Act, pursuant to the debarment, suspension, and ineligibility 
procedures described in sections 9.400 through 9.409 of title 48, Code 
of Federal Regulations.
          Sec. 608. None of the funds made available in this Act may be 
used to implement, administer, or enforce any guidelines of the Equal 
Employment Opportunity Commission covering harassment based on 
religion, when it is made known to the Federal entity or official to 
which such funds are made available that such guidelines do not differ 
in any respect from the proposed guidelines published by the Commission 
on October 1, 1993 (58 Fed. Reg. 51266).
          Sec. 609. None of the funds appropriated or otherwise made 
available by this Act may be obligated or expended to pay for any cost 
incurred for (1) opening or operating any United States diplomatic or 
consular post in the Socialist Republic of Vietnam that was not 
operating on July 11, 1995; (2) expanding any United States diplomatic 
or consular post in the Socialist Republic of Vietnam that was 
operating on July 11, 1995; or (3) increasing the total number of 
personnel assigned to United States diplomatic or consular posts in the 
Socialist Republic of Vietnam above the levels existing on July 11, 
1995, unless the President certifies within 60 days, based upon all 
information available to the United States Government that the 
Government of the Socialist Republic of Vietnam is cooperating in full 
faith with the United States in the following four areas:
            (1) Resolving discrepancy cases, live sightings and field 
        activities,
            (2) Recovering and repatriating American remains,
            (3) Accelerating efforts to provide documents that will 
        help lead to fullest possible accounting of POW/MIA's.
            (4) Providing further assistance in implementing trilateral 
        investigations with Laos.
          Sec. 610. None of the funds made available by this Act may be 
used for any United Nations undertaking when it is made known to the 
Federal official having authority to obligate or expend such funds (1) 
that the United Nations undertaking is a peacekeeping mission, (2) that 
such undertaking will involve United States Armed Forces under the 
command or operational control of a foreign national, and (3) that the 
President's military advisors have not submitted to the President a 
recommendation that such involvement is in the national security 
interests of the United States and the President has not submitted to 
the Congress such a recommendation.
          Sec. 611. None of the funds made available in this Act shall 
be used to provide the following amenities or personal comforts in the 
Federal prison system--
            (1) in-cell television viewing except for prisoners who are 
        segregated from the general prison population for their own 
        safety;
            (2) the viewing of R, X, and NC-17 rated movies, through 
        whatever medium presented;
            (3) any instruction (live or through broadcasts) or 
        training equipment for boxing, wrestling, judo, karate, or 
        other martial art, or any bodybuilding or weightlifting 
        equipment of any sort;
            (4) possession of in-cell coffee pots, hot plates or 
        heating elements; or
            (5) the use or possession of any electric or electronic 
        musical instrument.
          Sec. 612. None of the funds made available in title II for 
the National Oceanic and Atmospheric Administration (NOAA) under the 
heading ``Fleet Modernization, Shipbuilding and Conversion'' may be 
used to implement sections 603, 604, and 605 of Public Law 102-567: 
Provided, That NOAA may develop a modernization plan for its fisheries 
research vessels that takes fully into account opportunities for 
contracting for fisheries surveys.
          Sec. 613. Any costs incurred by a Department or agency funded 
under this Act resulting from personnel actions taken in response to 
funding reductions included in this Act shall be absorbed within the 
total budgetary resources available to such Department or agency: 
Provided, That the authority to transfer funds between appropriations 
accounts as may be necessary to carry out this section is provided in 
addition to authorities included elsewhere in this Act: Provided 
further, That use of funds to carry out this section shall be treated 
as a reprogramming of funds under section 605 of this Act and shall not 
be available for obligation or expenditure except in compliance with 
the procedures set forth in that section.
          Sec. 614. None of the funds made available in this Act to the 
Federal Bureau of Prisons may be used to distribute or make available 
any commercially published information or material to a prisoner when 
it is made known to the Federal official having authority to obligate 
or expend such funds that such information or material is sexually 
explicit or features nudity.
          Sec. 615. Of the funds appropriated in this Act under the 
heading ``OFFICE OF JUSTICE PROGRAMS--state and local law enforcement 
assistance'' and ``Community Oriented Policing Services Program'', not 
more than ninety percent of the amount to be awarded to an entity under 
the Local Law Enforcement Block Grant and part Q of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 shall be made 
available to such an entity when it is made known to the Federal 
official having authority to obligate or expend such funds that the 
entity that employs a public safety officer (as such term is defined in 
section 1204 of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968) does not provide such a public safety officer who retires 
or is separated from service due to injury suffered as the direct and 
proximate result of a personal injury sustained in the line of duty 
while responding to an emergency situation or a hot pursuit (as such 
terms are defined by State law) with the same or better level of health 
insurance benefits that are paid by the entity at the time of 
retirement or separation.

SEC. 616. LIMITATION ON PATENT INFRINGEMENTS RELATING TO A MEDICAL 
              PRACTITIONER'S PERFORMANCE OF A MEDICAL ACTIVITY.

          Section 287 of title 35, United States Code, is amended by 
adding at the end the following new subsection:
          (c)(1) With respect to a medical practitioner's performance 
of a medical activity that constitutes an infringement under section 
271 (a) or (b) of this title, the provisions of sections 281, 283, 284, 
and 285 of this title shall not apply against the medical practitioner 
or against a related health care entity with respect to such medical 
activity.
          (2) For the purposes of this subsection:
            (A) the term ``medical activity'' means the performance of 
        a medical or surgical procedure on a body, but shall not 
        include (i) the use of a patented machine, manufacture, or 
        composition of matter in violation of such patent, (ii) the 
        practice of a patented use of a composition of matter in 
        violation of such patent, or (iii) the practice of a process in 
        violation of a biotechnology patent.
            (B) the term ``medical practitioner'' means any natural 
        person who is licensed by a State to provide the medical 
        activity described in subsection (c)(1) or who is acting under 
        the direction of such person in the performance of the medical 
        activity.
            (C) the term ``related health care entity'' shall mean an 
        entity with which a medical practitioner has a professional 
        affiliation under which the medical practitioner performs the 
        medical activity, including but not limited to a nursing home, 
        hospital, university, medical school, health maintenance 
        organization, group medical practice, or a medical clinic.
            (D) the term ``professional affiliation'' shall mean staff 
        privileges, medical staff membership, employment or contractual 
        relationship, partnership or ownership interest, academic 
        appointment, or other affiliation under which a medical 
        practitioner provides the medical activity on behalf of, or in 
        association with, the health care entity.
            (E) the term ``body'' shall mean a human body, organ or 
        cadaver, or a nonhuman animal used in medical research or 
        instruction directly relating to the treatment of humans.
            (F) the term ``patented use of a composition of matter'' 
        does not include a claim for a method of performing a medical 
        or surgical procedure on a body that recites the use of a 
        composition of matter where the use of that composition of 
        matter does not directly contribute to achievement of the 
        objective of the claimed method.
            (G) the term ``State'' shall mean any state or territory of 
        the United States, the District of Columbia, and the 
        Commonwealth of Puerto Rico.
          (3) This subsection does not apply to the activities of any 
person, or employee or agent of such person (regardless of whether such 
person is a tax exempt organization under section 501(c) of the 
Internal Revenue Code), who is engaged in the commercial development, 
manufacture, sale, importation, or distribution of a machine, 
manufacture, or composition of matter or the provision of pharmacy or 
clinical laboratory services (other than clinical laboratory services 
provided in a physician's office), where such activities are:
            (A) directly related to the commercial development, 
        manufacture, sale, importation, or distribution of a machine, 
        manufacture, or composition of matter or the provision of 
        pharmacy or clinical laboratory services (other than clinical 
        laboratory services provided in a physician's office), and
            (B) regulated under the Federal Food, Drug, and Cosmetic 
        Act, the Public Health Service Act, or the Clinical 
        Laboratories Improvement Act.
          (4) This subsection shall not apply to any patent issued 
before the date of enactment of this subsection.
          Sec. 617. Effective with the enactment of this Act and in any 
fiscal year hereafter, section 8 of Public Law 96-132 is hereby 
repealed.
          Sec. 618. (a) In General.--The Secretary may issue a 
guarantee or a commitment to guarantee obligations under title XI of 
the Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et seq.), upon such 
terms as the Secretary may prescribe, to assist in the reactivation and 
modernization of any shipyard in the United States that is closed on 
the date of the enactment of this Act, if the Secretary finds that--
            (1) the closed shipyard historically built military vessels 
        and responsible entities now seek to reopen it as an 
        internationally competitive commercial shipyard;
            (2)(A) the closed shipyard has been designated by the 
        President as a public-private partnership project; or
            (B) has a reuse plan approved by the Navy in which 
        commercial shipbuilding and repair are primary activities and 
        has a revolving economic conversion fund approved by the 
        Department of Defense; and
            (3) the State in which the shipyard is located, and each 
        other involved State, or a State-chartered agency, is making a 
        significant financial investment in the overall cost of 
        reactivation and modernization as its contribution to the 
        reactivation and modernization project, in addition to the 
        funds required by subsection (d)(2) of this section.
          (b) Waivers.--Notwithstanding any other provision of title XI 
of the Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et seq.), the 
Secretary shall not apply the requirements of section 1104A(d) of that 
Act when issuing a guarantee or a commitment to guarantee an obligation 
under this section.
          (c) Conditions.--The Secretary shall impose such conditions 
on the issuance of a guarantee or a commitment to guarantee under this 
section as are necessary to protect the interests of the United States 
from the risk of a default. The Secretary shall consider the 
interdependency of such shipyard modernization and reactivation 
projects and related vessel loan guarantee requests pending under title 
XI of the Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et seq.) 
before issuing a guarantee of a commitment to guarantee under this 
section.
          (d) Funding Provisions.--
            (1) The Secretary may not guarantee or commit to guarantee 
        obligations under this section that exceed $50,000,000 in the 
        aggregate.
            (2) The amount of appropriated funds required by the 
        Federal Credit Reform Act of 1990 (2 U.S.C. 661a et seq.) in 
        advance of the Secretary's issuance of a guarantee or a 
        commitment to guarantee under this section shall be provided by 
        the State in which the shipyard is located, and other involved 
        States, or by a State-chartered agency, and deposited by the 
        Secretary in the financing account established under the 
        Federal Credit Reform Act of 1990 (2 U.S.C. 661a et seq.) for 
        loan guarantees issued by the Secretary under title XI of the 
        Merchant Marine Act of 1936 (46 App. U.S.C. 1271 et seq.). No 
        federally appropriated funds shall be available for this 
        purpose. The funds deposited into that financing account shall 
        be held and applied by the Secretary in accordance with the 
        provisions of the Federal Credit Reform Act of 1990 (2 U.S.C. 
        661a et seq.), except that, unless the Secretary shall have 
        earlier paid an obligee or been required to pay an obligee 
        pursuant to the terms of a loan guarantee, the funds deposited 
        in that financing account shall be returned, upon the 
        expiration of the Secretary's loan guarantee, to the State, 
        States, or State-chartered agency which originally provided the 
        funds to the Secretary.
            (3) Notwithstanding the provisions of any other law or 
        regulation, the cost (as that term is defined by the Federal 
        Credit Reform Act of 1990 (2 U.S.C. 661a et seq.)) of a 
        guarantee or commitment to guarantee issued under this 
        section--
                    (A) may only be determined with reference to the 
                merits of the specific closed shipyard reactivation 
                project which is the subject of that guarantee or 
                commitment to guarantee, without reference to any other 
                project, type of project, or averaged risk; and
                    (B) may not be used in determining the cost of any 
                other project, type of project, or averaged risk 
                applicable to guarantees or commitments to guarantee 
                issued under title XI of the Merchant Marine Act, 1936 
                (46 App. U.S.C. 1271 et seq.).
          (e) Sunset.--No commitment to guarantee obligations under 
this section shall be issued by the Secretary after one year after the 
date of enactment of this section.
          (f) Definition.--As used in this section, the term 
``Secretary'' means the Secretary of Transportation.

                         TITLE VII--RESCISSIONS

                         DEPARTMENT OF JUSTICE

                         General Administration

                          working capital fund

                              (rescission)

          Of the unobligated balances available under this heading on 
October 31, 1996, $30,000,000 are rescinded.

                 Immigration and Naturalization Service

                       immigration emergency fund

                              (rescission)

          Of the unobligated balances available under this heading 
$34,779,000 are rescinded.

        TITLE VIII--FISCAL YEAR 1996 SUPPLEMENTAL AND RESCISSION

                         DEPARTMENT OF JUSTICE

                         Federal Prison System

                         salaries and expenses

          In addition to funds made available under this heading, 
$40,000,000, which shall remain available until September 30, 1997: 
Provided, That these funds shall be available upon enactment of this 
Act: Provided further, That these funds shall only be available if 
enacted by September 30, 1996.

                              (rescission)

          Of the unobligated balances made available under this heading 
until September 30, 1996, $40,000,000 are rescinded: Provided, That 
these funds shall only be available for rescission if enacted by 
September 30, 1996.

                 TITLE IX--SUPPLEMENTAL APPROPRIATIONS

                         DEPARTMENT OF COMMERCE

                  Economic Development Administration

                economic development assistance programs

          For an additional amount for ``Economic Development 
Assistance Programs'' for emergency infrastructure expenses resulting 
from Hurricane Fran and Hurricane Hortense and other natural disasters, 
$25,000,000, to remain available until expended: Provided, That the 
entire amount is designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended.

                             RELATED AGENCY

                     Small Business Administration

                     disaster loans program account

          For an additional amount for ``Disaster Loans Program 
Account'' for emergency expenses resulting from Hurricanes Fran and 
Hortense and other disasters, $113,000,000 for the cost of direct 
loans, to remain available until expended: Provided, That such costs, 
including the cost of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974; and for 
administrative expenses to carry out the disaster loan program, 
$22,000,000, to remain available until expended, which may be 
transferred to and merged with ``Salaries and Expenses'': Provided 
further, That both amounts are hereby designated by Congress as 
emergency requirements pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
          This Act may be cited as the ``Departments of Commerce, 
Justice, and State, the Judiciary, and Related Agencies Appropriations 
Act, 1997''.
          (b) For programs, projects or activities in the Department of 
Defense Appropriations Act, 1997, provided as follows, to be effective 
as if it had been enacted into law as the regular appropriations Act:

                                 AN ACT

          Making appropriations for the Department of Defense for the 
fiscal year ending September 30, 1997, and for other purposes.

                                TITLE I

                           MILITARY PERSONNEL

                        Military Personnel, Army

          For pay, allowances, individual clothing, subsistence, 
interest on deposits, gratuities, permanent change of station travel 
(including all expenses thereof for organizational movements), and 
expenses of temporary duty travel between permanent duty stations, for 
members of the Army on active duty (except members of reserve 
components provided for elsewhere), cadets, and aviation cadets; and 
for payments pursuant to section 156 of Public Law 97-377, as amended 
(42 U.S.C. 402 note), to section 229(b) of the Social Security Act (42 
U.S.C. 429(b)), and to the Department of Defense Military Retirement 
Fund; $20,633,998,000.

                        Military Personnel, Navy

          For pay, allowances, individual clothing, subsistence, 
interest on deposits, gratuities, permanent change of station travel 
(including all expenses thereof for organizational movements), and 
expenses of temporary duty travel between permanent duty stations, for 
members of the Navy on active duty (except members of the Reserve 
provided for elsewhere), midshipmen, and aviation cadets; and for 
payments pursuant to section 156 of Public Law 97-377, as amended (42 
U.S.C. 402 note), to section 229(b) of the Social Security Act (42 
U.S.C. 429(b)), and to the Department of Defense Military Retirement 
Fund; $16,986,976,000.

                    Military Personnel, Marine Corps

          For pay, allowances, individual clothing, subsistence, 
interest on deposits, gratuities, permanent change of station travel 
(including all expenses thereof for organizational movements), and 
expenses of temporary duty travel between permanent duty stations, for 
members of the Marine Corps on active duty (except members of the 
Reserve provided for elsewhere); and for payments pursuant to section 
156 of Public Law 97-377, as amended (42 U.S.C. 402 note), to section 
229(b) of the Social Security Act (42 U.S.C. 429(b)), and to the 
Department of Defense Military Retirement Fund; $6,111,728,000.

                     Military Personnel, Air Force

          For pay, allowances, individual clothing, subsistence, 
interest on deposits, gratuities, permanent change of station travel 
(including all expenses thereof for organizational movements), and 
expenses of temporary duty travel between permanent duty stations, for 
members of the Air Force on active duty (except members of reserve 
components provided for elsewhere), cadets, and aviation cadets; and 
for payments pursuant to section 156 of Public Law 97-377, as amended 
(42 U.S.C. 402 note), to section 229(b) of the Social Security Act (42 
U.S.C. 429(b)), and to the Department of Defense Military Retirement 
Fund; $17,069,490,000.

                        Reserve Personnel, Army

          For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Army Reserve on 
active duty under sections 10211, 10302, and 3038 of title 10, United 
States Code, or while serving on active duty under section 12301(d) of 
title 10, United States Code, in connection with performing duty 
specified in section 12310(a) of title 10, United States Code, or while 
undergoing reserve training, or while performing drills or equivalent 
duty or other duty, and for members of the Reserve Officers' Training 
Corps, and expenses authorized by section 16131 of title 10, United 
States Code; and for payments to the Department of Defense Military 
Retirement Fund; $2,073,479,000.

                        Reserve Personnel, Navy

          For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Navy Reserve on 
active duty under section 10211 of title 10, United States Code, or 
while serving on active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty, and for 
members of the Reserve Officers' Training Corps, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund; 
$1,405,606,000.

                    Reserve Personnel, Marine Corps

          For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Marine Corps Reserve 
on active duty under section 10211 of title 10, United States Code, or 
while serving on active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty, and for 
members of the Marine Corps platoon leaders class, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund; 
$388,643,000.

                      Reserve Personnel, Air Force

          For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Air Force Reserve on 
active duty under sections 10211, 10305, and 8038 of title 10, United 
States Code, or while serving on active duty under section 12301(d) of 
title 10, United States Code, in connection with performing duty 
specified in section 12310(a) of title 10, United States Code, or while 
undergoing reserve training, or while performing drills or equivalent 
duty or other duty, and for members of the Air Reserve Officers' 
Training Corps, and expenses authorized by section 16131 of title 10, 
United States Code; and for payments to the Department of Defense 
Military Retirement Fund; $783,697,000.

                     National Guard Personnel, Army

          For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Army National Guard 
while on duty under section 10211, 10302, or 12402 of title 10 or 
section 708 of title 32, United States Code, or while serving on duty 
under section 12301(d) of title 10 or section 502(f) of title 32, 
United States Code, in connection with performing duty specified in 
section 12310(a) of title 10, United States Code, or while undergoing 
training, or while performing drills or equivalent duty or other duty, 
and expenses authorized by section 16131 of title 10, United States 
Code; and for payments to the Department of Defense Military Retirement 
Fund; $3,266,393,000.

                  National Guard Personnel, Air Force

          For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Air National Guard on 
duty under section 10211, 10305, or 12402 of title 10 or section 708 of 
title 32, United States Code, or while serving on duty under section 
12301(d) of title 10 or section 502(f) of title 32, United States Code, 
in connection with performing duty specified in section 12310(a) of 
title 10, United States Code, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund; 
$1,296,490,000.

                                TITLE II

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

                     (including transfer of funds)

          For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Army, as authorized by law; and not to 
exceed $11,437,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
of the Army, and payments may be made on his certificate of necessity 
for confidential military purposes; $17,519,340,000 and, in addition, 
$50,000,000 shall be derived by transfer from the National Defense 
Stockpile Transaction Fund: Provided, That during the current fiscal 
year and hereafter, funds appropriated under this paragraph may be made 
available to the Department of the Interior to support the Memorial Day 
and Fourth of July ceremonies and activities in the National Capital 
Region: Provided further, That of the funds appropriated in this 
paragraph, not less than $300,000,000 shall be made available only for 
conventional ammunition care and maintenance.

                    Operation and Maintenance, Navy

                     (including transfer of funds)

          For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Navy and the Marine Corps, as 
authorized by law; and not to exceed $3,995,000, can be used for 
emergencies and extraordinary expenses, to be expended on the approval 
or authority of the Secretary of the Navy, and payments may be made on 
his certificate of necessity for confidential military purposes; 
$20,061,961,000 and, in addition, $50,000,000 shall be derived by 
transfer from the National Defense Stockpile Transaction Fund.

                Operation and Maintenance, Marine Corps

          For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Marine Corps, as authorized by law; 
$2,254,119,000.

                  Operation and Maintenance, Air Force

                     (including transfer of funds)

          For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Air Force, as authorized by law; and 
not to exceed $8,362,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
of the Air Force, and payments may be made on his certificate of 
necessity for confidential military purposes; $17,263,193,000 and, in 
addition, $50,000,000 shall be derived by transfer from the National 
Defense Stockpile Transaction Fund.

                Operation and Maintenance, Defense-Wide

                     (including transfer of funds)

          For expenses, not otherwise provided for, necessary for the 
operation and maintenance of activities and agencies of the Department 
of Defense (other than the military departments), as authorized by law; 
$10,044,200,000, of which not to exceed $25,000,000 may be available 
for the CINC initiative fund account; and of which not to exceed 
$28,500,000 can be used for emergencies and extraordinary expenses, to 
be expended on the approval or authority of the Secretary of Defense, 
and payments may be made on his certificate of necessity for 
confidential military purposes: Provided, That of the funds 
appropriated under this heading, $20,000,000 shall be made available 
only for use in federally owned education facilities located on 
military installations for the purpose of transferring title of such 
facilities to the local education agency: Provided further, That of the 
funds appropriated under this heading, $1,000,000 is available, by 
grant or other transfer, to the Harnett County School Board, 
Lillington, North Carolina, for use by the school board for the 
education of dependents of members of the Armed Forces and employees of 
the Department of Defense located at Fort Bragg and Pope Air Force 
Base, North Carolina.

                Operation and Maintenance, Army Reserve

          For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Army Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications; $1,119,436,000.

                Operation and Maintenance, Navy Reserve

          For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Navy Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications; $886,027,000.

            Operation and Maintenance, Marine Corps Reserve

          For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Marine Corps Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications; $109,667,000.

              Operation and Maintenance, Air Force Reserve

          For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Air Force Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications; $1,496,553,000.

             Operation and Maintenance, Army National Guard

          For expenses of training, organizing, and administering the 
Army National Guard, including medical and hospital treatment and 
related expenses in non-Federal hospitals; maintenance, operation, and 
repairs to structures and facilities; hire of passenger motor vehicles; 
personnel services in the National Guard Bureau; travel expenses (other 
than mileage), as authorized by law for Army personnel on active duty, 
for Army National Guard division, regimental, and battalion commanders 
while inspecting units in compliance with National Guard Bureau 
regulations when specifically authorized by the Chief, National Guard 
Bureau; supplying and equipping the Army National Guard as authorized 
by law; and expenses of repair, modification, maintenance, and issue of 
supplies and equipment (including aircraft); $2,254,477,000.

             Operation and Maintenance, Air National Guard

          For operation and maintenance of the Air National Guard, 
including medical and hospital treatment and related expenses in non-
Federal hospitals; maintenance, operation, repair, and other necessary 
expenses of facilities for the training and administration of the Air 
National Guard, including repair of facilities, maintenance, operation, 
and modification of aircraft; transportation of things, hire of 
passenger motor vehicles; supplies, materials, and equipment, as 
authorized by law for the Air National Guard; and expenses incident to 
the maintenance and use of supplies, materials, and equipment, 
including such as may be furnished from stocks under the control of 
agencies of the Department of Defense; travel expenses (other than 
mileage) on the same basis as authorized by law for Air National Guard 
personnel on active Federal duty, for Air National Guard commanders 
while inspecting units in compliance with National Guard Bureau 
regulations when specifically authorized by the Chief, National Guard 
Bureau; $2,716,379,000.

             Overseas Contingency Operations Transfer Fund

                     (including transfer of funds)

          For expenses directly relating to Overseas Contingency 
Operations by United States military forces; $1,140,157,000: Provided, 
That the Secretary of Defense may transfer these funds only to 
operation and maintenance accounts within this title: Provided further, 
That the funds transferred shall be merged with and shall be available 
for the same purposes and for the same time period, as the 
appropriation to which transferred: Provided further, That the transfer 
authority provided in this paragraph is in addition to any other 
transfer authority contained elsewhere in this Act.

          United States Court of Appeals for the Armed Forces

          For salaries and expenses necessary for the United States 
Court of Appeals for the Armed Forces; $6,797,000, of which not to 
exceed $2,500 can be used for official representation purposes.

                    Environmental Restoration, Army

                     (including transfer of funds)

          For the Department of the Army, $339,109,000, to remain 
available until transferred: Provided, That the Secretary of the Army 
shall, upon determining that such funds are required for environmental 
restoration, reduction and recycling of hazardous waste, removal of 
unsafe buildings and debris of the Department of the Army, or for 
similar purposes, transfer the funds made available by this 
appropriation to other appropriations made available to the Department 
of the Army, to be merged with and to be available for the same 
purposes and for the same time period as the appropriations to which 
transferred: Provided further, That upon a determination that all or 
part of the funds transferred from this appropriation are not necessary 
for the purposes provided herein, such amounts may be transferred back 
to this appropriation: Provided further, That not more than twenty-five 
percent of funds provided under this heading may be obligated for 
environmental remediation by the Corps of Engineers under total 
environmental remediation contracts.

                    Environmental Restoration, Navy

                     (including transfer of funds)

          For the Department of the Navy, $287,788,000, to remain 
available until transferred: Provided, That the Secretary of the Navy 
shall, upon determining that such funds are required for environmental 
restoration, reduction and recycling of hazardous waste, removal of 
unsafe buildings and debris of the Department of the Navy, or for 
similar purposes, transfer the funds made available by this 
appropriation to other appropriations made available to the Department 
of the Navy, to be merged with and to be available for the same 
purposes and for the same time period as the appropriations to which 
transferred: Provided further, That upon a determination that all or 
part of the funds transferred from this appropriation are not necessary 
for the purposes provided herein, such amounts may be transferred back 
to this appropriation.

                  Environmental Restoration, Air Force

                     (including transfer of funds)

          For the Department of the Air Force, $394,010,000, to remain 
available until transferred: Provided, That the Secretary of the Air 
Force shall, upon determining that such funds are required for 
environmental restoration, reduction and recycling of hazardous waste, 
removal of unsafe buildings and debris of the Department of the Air 
Force, or for similar purposes, transfer the funds made available by 
this appropriation to other appropriations made available to the 
Department of the Air Force, to be merged with and to be available for 
the same purposes and for the same time period as the appropriations to 
which transferred: Provided further, That upon a determination that all 
or part of the funds transferred from this appropriation are not 
necessary for the purposes provided herein, such amounts may be 
transferred back to this appropriation.

                Environmental Restoration, Defense-Wide

                     (including transfer of funds)

          For the Department of the Defense, $36,722,000, to remain 
available until transferred: Provided, That the Secretary of Defense 
shall, upon determining that such funds are required for environmental 
restoration, reduction and recycling of hazardous waste, removal of 
unsafe buildings and debris of the Department of Defense, or for 
similar purposes, transfer the funds made available by this 
appropriation to other appropriations made available to the Department 
of Defense, to be merged with and to be available for the same purposes 
and for the same time period as the appropriations to which 
transferred: Provided further, That upon a determination that all or 
part of the funds transferred from this appropriation are not necessary 
for the purposes provided herein, such amounts may be transferred back 
to this appropriation.

         Environmental Restoration, Formerly Used Defense Sites

                     (including transfer of funds)

          For the Department of the Army, $256,387,000, to remain 
available until transferred: Provided, That the Secretary of the Army 
shall, upon determining that such funds are required for environmental 
restoration, reduction and recycling of hazardous waste, removal of 
unsafe buildings and debris at sites formerly used by the Department of 
Defense, transfer the funds made available by this appropriation to 
other appropriations made available to the Department of the Army, to 
be merged with and to be available for the same purposes and for the 
same time period as the appropriations to which transferred: Provided 
further, That upon a determination that all or part of the funds 
transferred from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back to this 
appropriation.

             Overseas Humanitarian, Disaster, and Civic Aid

          For expenses relating to the Overseas Humanitarian, Disaster, 
and Civic Aid programs of the Department of Defense (consisting of the 
programs provided under sections 401, 402, 404, 2547, and 2551 of title 
10, United States Code); $49,000,000, to remain available until 
September 30, 1998.

                  Former Soviet Union Threat Reduction

          For assistance to the republics of the former Soviet Union, 
including assistance provided by contract or by grants, for 
facilitating the elimination and the safe and secure transportation and 
storage of nuclear, chemical and other weapons; for establishing 
programs to prevent the proliferation of weapons, weapons components, 
and weapon-related technology and expertise; for programs relating to 
the training and support of defense and military personnel for 
demilitarization and protection of weapons, weapons components and 
weapons technology and expertise; $327,900,000, to remain available 
until expended.

                 Quality of Life Enhancements, Defense

          For expenses, not otherwise provided for, resulting from 
unfunded shortfalls in the repair and maintenance of real property of 
the Department of Defense (including military housing and barracks); 
$600,000,000, for the maintenance of real property of the Department of 
Defense (including minor construction and major maintenance and 
repair), which shall remain available for obligation until September 
30, 1998, as follows:
            Army, $149,000,000;
            Navy, $108,000,000;
            Marine Corps, $45,000,000;
            Air Force, $108,000,000;
            Army Reserve, $18,000,000;
            Navy Reserve, $18,000,000;
            Marine Corps Reserve, $9,000,000;
            Air Force Reserve, $15,000,000;
            Army National Guard, $86,000,000; and
            Air National Guard, $44,000,000.

                               TITLE III

                              PROCUREMENT

                       Aircraft Procurement, Army

          For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; specialized 
equipment and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes; $1,348,434,000, to remain available for obligation until 
September 30, 1999.

                       Missile Procurement, Army

          For construction, procurement, production, modification, and 
modernization of missiles, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; specialized 
equipment and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes; $1,041,867,000, to remain available for obligation until 
September 30, 1999.

        Procurement of Weapons and Tracked Combat Vehicles, Army

          For construction, procurement, production, and modification 
of weapons and tracked combat vehicles, equipment, including ordnance, 
spare parts, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including the 
land necessary therefor, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned equipment layaway; 
and other expenses necessary for the foregoing purposes; 
$1,470,286,000, to remain available for obligation until September 30, 
1999: Provided, That of the funds appropriated in this paragraph and 
notwithstanding the provisions of title 31, United States Code, Section 
1502(a), not to exceed $33,100,000 may be obligated for future year 
V903 diesel engine requirements to maintain the industrial base.

                    Procurement of Ammunition, Army

          For construction, procurement, production, and modification 
of ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities authorized by section 2854, title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for 
the foregoing purposes; $1,127,149,000, to remain available for 
obligation until September 30, 1999.

                        Other Procurement, Army

          For construction, procurement, production, and modification 
of vehicles, including tactical, support, and non-tracked combat 
vehicles; the purchase of not to exceed 14 passenger motor vehicles for 
replacement only; communications and electronic equipment; other 
support equipment; spare parts, ordnance, and accessories therefor; 
specialized equipment and training devices; expansion of public and 
private plants, including the land necessary therefor, for the 
foregoing purposes, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title; and procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; and other expenses 
necessary for the foregoing purposes; $3,172,485,000, to remain 
available for obligation until September 30, 1999: Provided, That of 
the funds appropriated in this paragraph and notwithstanding the 
provisions of title 31, United States Code, Section 1502(a), not to 
exceed $2,400,000 may be obligated for future year V903 diesel engine 
requirements to maintain the industrial base.

                       Aircraft Procurement, Navy

          For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, spare parts, 
and accessories therefor; specialized equipment; expansion of public 
and private plants, including the land necessary therefor, and such 
lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; $7,027,010,000, to remain available for obligation 
until September 30, 1999.

                       Weapons Procurement, Navy

          For construction, procurement, production, modification, and 
modernization of missiles, torpedoes, other weapons, and related 
support equipment including spare parts, and accessories therefor; 
expansion of public and private plants, including the land necessary 
therefor, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; $1,389,913,000, to remain available 
for obligation until September 30, 1999: Provided, That in addition to 
the foregoing purposes, the funds appropriated above under this heading 
shall be available to liquidate reported deficiencies in appropriations 
provided under this heading in prior Department of Defense 
appropriations acts, to the extent such deficiencies cannot otherwise 
be liquidated pursuant to 31 U.S.C. 1553(b).

            Procurement of Ammunition, Navy and Marine Corps

          For construction, procurement, production, and modification 
of ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities authorized by section 2854, title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for 
the foregoing purposes; $289,695,000, to remain available for 
obligation until September 30, 1999.

                   Shipbuilding and Conversion, Navy

          For expenses necessary for the construction, acquisition, or 
conversion of vessels as authorized by law, including armor and 
armament thereof, plant equipment, appliances, and machine tools and 
installation thereof in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; procurement of 
critical, long leadtime components and designs for vessels to be 
constructed or converted in the future; and expansion of public and 
private plants, including land necessary therefor, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title, as follows:
            For continuation of the SSN-21 attack submarine program, 
        $649,071,000;
            NSSN-1 (AP), $296,186,000;
            NSSN-2 (AP), $501,000,000;
            CVN Refuelings, $237,029,000;
            DDG-51 destroyer program, $3,609,072,000;
            Oceanographic ship program, $54,400,000;
            Oceanographic ship SWATH, $45,000,000;
            LCAC landing craft air cushion program (AP-CY), $3,000,000; 
        and
            For craft, outfitting, post delivery, conversions, and 
        first destination transportation, $218,907,000;
In all: $5,613,665,000, to remain available for obligation until 
September 30, 2001: Provided, That additional obligations may be 
incurred after September 30, 2001, for engineering services, tests, 
evaluations, and other such budgeted work that must be performed in the 
final stage of ship construction: Provided further, That none of the 
funds herein provided for the construction or conversion of any naval 
vessel to be constructed in shipyards in the United States shall be 
expended in foreign facilities for the construction of major components 
of such vessel: Provided further, That none of the funds herein 
provided shall be used for the construction of any naval vessel in 
foreign shipyards.

                        Other Procurement, Navy

          For procurement, production, and modernization of support 
equipment and materials not otherwise provided for, Navy ordnance 
(except ordnance for new aircraft, new ships, and ships authorized for 
conversion); expansion of public and private plants, including the land 
necessary therefor, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title; and procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; $3,067,944,000, to 
remain available for obligation until September 30, 1999.

                       Procurement, Marine Corps

          For expenses necessary for the procurement, manufacture, and 
modification of missiles, armament, military equipment, spare parts, 
and accessories therefor; plant equipment, appliances, and machine 
tools, and installation thereof in public and private plants; reserve 
plant and Government and contractor-owned equipment layaway; vehicles 
for the Marine Corps, including the purchase of not to exceed 88 
passenger motor vehicles for replacement only; and expansion of public 
and private plants, including land necessary therefor, and such lands 
and interests therein, may be acquired, and construction prosecuted 
thereon prior to approval of title; $569,073,000, to remain available 
for obligation until September 30, 1999.

                    Aircraft Procurement, Air Force

          For construction, procurement, and modification of aircraft 
and equipment, including armor and armament, specialized ground 
handling equipment, and training devices, spare parts, and accessories 
therefor; specialized equipment; expansion of public and private 
plants, Government-owned equipment and installation thereof in such 
plants, erection of structures, and acquisition of land, for the 
foregoing purposes, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title; reserve plant and Government and contractor-owned equipment 
layaway; and other expenses necessary for the foregoing purposes 
including rents and transportation of things; $6,404,980,000, to remain 
available for obligation until September 30, 1999.

                     Missile Procurement, Air Force

          For construction, procurement, and modification of missiles, 
spacecraft, rockets, and related equipment, including spare parts and 
accessories therefor, ground handling equipment, and training devices; 
expansion of public and private plants, Government-owned equipment and 
installation thereof in such plants, erection of structures, and 
acquisition of land, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for 
the foregoing purposes including rents and transportation of things; 
$2,297,145,000, to remain available for obligation until September 30, 
1999.

                  Procurement of Ammunition, Air Force

          For construction, procurement, production, and modification 
of ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities authorized by section 2854, title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for 
the foregoing purposes; $293,153,000, to remain available for 
obligation until September 30, 1999.

                      Other Procurement, Air Force

          For procurement and modification of equipment (including 
ground guidance and electronic control equipment, and ground electronic 
and communication equipment), and supplies, materials, and spare parts 
therefor, not otherwise provided for; the purchase of not to exceed 506 
passenger motor vehicles for replacement only; the purchase of 1 
vehicle required for physical security of personnel, notwithstanding 
price limitations applicable to passenger vehicles but not to exceed 
$287,000 per vehicle; and expansion of public and private plants, 
Government-owned equipment and installation thereof in such plants, 
erection of structures, and acquisition of land, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon, prior to approval of title; reserve 
plant and Government and contractor-owned equipment layaway; 
$5,944,680,000, to remain available for obligation until September 30, 
1999.

                       Procurement, Defense-Wide

          For expenses of activities and agencies of the Department of 
Defense (other than the military departments) necessary for 
procurement, production, and modification of equipment, supplies, 
materials, and spare parts therefor, not otherwise provided for; the 
purchase of not to exceed 389 passenger motor vehicles for replacement 
only; expansion of public and private plants, equipment, and 
installation thereof in such plants, erection of structures, and 
acquisition of land for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; reserve plant and Government and 
contractor-owned equipment layaway; $1,978,005,000, to remain available 
for obligation until September 30, 1999.

                  National Guard and Reserve Equipment

          For procurement of aircraft, missiles, tracked combat 
vehicles, ammunition, other weapons, and other procurement for the 
reserve components of the Armed Forces; $780,000,000, to remain 
available for obligation until September 30, 1999: Provided, That the 
Chiefs of the Reserve and National Guard components shall, not later 
than 30 days after the enactment of this Act, individually submit to 
the congressional defense committees the modernization priority 
assessment for their respective Reserve or National Guard component.

          TITLE IV--RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

          For expenses necessary for basic and applied scientific 
research, development, test and evaluation, including maintenance, 
rehabilitation, lease, and operation of facilities and equipment; 
$5,062,763,000 to remain available for obligation until September 30, 
1998.

            Research, Development, Test and Evaluation, Navy

          For expenses necessary for basic and applied scientific 
research, development, test and evaluation, including maintenance, 
rehabilitation, lease, and operation of facilities and equipment; 
$8,208,946,000, to remain available for obligation until September 30, 
1998: Provided, That funds appropriated in this paragraph which are 
available for the V-22 may be used to meet unique requirements of the 
Special Operations Forces.

         Research, Development, Test and Evaluation, Air Force

          For expenses necessary for basic and applied scientific 
research, development, test and evaluation, including maintenance, 
rehabilitation, lease, and operation of facilities and equipment; 
$14,499,606,000, to remain available for obligation until September 30, 
1998: Provided, That not less than $1,000,000 of the funds appropriated 
in this paragraph shall be made available only to assess the budgetary, 
cost, technical, operational, training, and safety issues associated 
with a decision to eliminate development of the F-22B two-seat training 
variant of the F-22 advanced tactical fighter: Provided further, That 
the assessment required by the preceding proviso shall be submitted, in 
classified and unclassified versions, by the Secretary of the Air Force 
to the congressional defense committees not later than February 15, 
1997: Provided further, That of the funds made available in this 
paragraph, $10,000,000 shall be only for development of reusable launch 
vehicle technologies.

        Research, Development, Test and Evaluation, Defense-Wide

          For expenses of activities and agencies of the Department of 
Defense (other than the military departments), necessary for basic and 
applied scientific research, development, test and evaluation; advanced 
research projects as may be designated and determined by the Secretary 
of Defense, pursuant to law; maintenance, rehabilitation, lease, and 
operation of facilities and equipment; $9,362,800,000, to remain 
available for obligation until September 30, 1998: Provided, That not 
less than $304,171,000 of the funds appropriated in this paragraph 
shall be made available only for the Sea-Based Wide Area Defense (Navy 
Upper-Tier) program.

               Developmental Test and Evaluation, Defense

          For expenses, not otherwise provided for, of independent 
activities of the Director, Test and Evaluation in the direction and 
supervision of developmental test and evaluation, including performance 
and joint developmental testing and evaluation; and administrative 
expenses in connection therewith; $282,038,000, to remain available for 
obligation until September 30, 1998.

                Operational Test and Evaluation, Defense

          For expenses, not otherwise provided for, necessary for the 
independent activities of the Director, Operational Test and Evaluation 
in the direction and supervision of operational test and evaluation, 
including initial operational test and evaluation which is conducted 
prior to, and in support of, production decisions; joint operational 
testing and evaluation; and administrative expenses in connection 
therewith; $24,968,000, to remain available for obligation until 
September 30, 1998.

                TITLE V--REVOLVING AND MANAGEMENT FUNDS

                    Defense Business Operations Fund

          For the Defense Business Operations Fund; $947,900,000.

                     National Defense Sealift Fund

          For National Defense Sealift Fund programs, projects, and 
activities, and for expenses of the National Defense Reserve Fleet, as 
established by section 11 of the Merchant Ship Sales Act of 1946 (50 
U.S.C. App. 1744); $1,428,002,000, to remain available until expended: 
Provided, That none of the funds provided in this paragraph shall be 
used to award a new contract that provides for the acquisition of any 
of the following major components unless such components are 
manufactured in the United States: auxiliary equipment, including 
pumps, for all ship-board services; propulsion system components (that 
is; engines, reduction gears, and propellers); shipboard cranes; and 
spreaders for shipboard cranes: Provided further, That the exercise of 
an option in a contract awarded through the obligation of previously 
appropriated funds shall not be considered to be the award of a new 
contract: Provided further, That the Secretary of the military 
department responsible for such procurement may waive these 
restrictions on a case-by-case basis by certifying in writing to the 
Committees on Appropriations of the House of Representatives and the 
Senate, that adequate domestic supplies are not available to meet 
Department of Defense requirements on a timely basis and that such an 
acquisition must be made in order to acquire capability for national 
security purposes.

             TITLE VI--OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

          For expenses, not otherwise provided for, for medical and 
health care programs of the Department of Defense, as authorized by 
law; $10,207,308,000, of which $9,937,838,000 shall be for Operation 
and maintenance, of which not to exceed three percent shall remain 
available until September 30, 1998; and of which $269,470,000, to 
remain available for obligation until September 30, 1999, shall be for 
Procurement: Provided, That of the funds appropriated under this 
heading, $14,500,000 shall be made available for obtaining emergency 
communications services for members of the Armed Forces and their 
families from the American National Red Cross: Provided further, That 
notwithstanding any other provision of law, of the funds provided under 
this heading, the Secretary of Defense is directed to use and obligate, 
within thirty days of enactment of this Act, not less than $3,400,000 
only to permit private sector or non-Federal physicians who have used 
and will use the antibacterial treatment method based upon the 
excretion of dead and decaying spherical bacteria to work in 
conjunction with the Walter Reed Army Medical Center on a treatment 
protocol and related studies for Desert Storm Syndrome affected 
veterans.

           Chemical Agents and Munitions Destruction, Defense

          For expenses, not otherwise provided for, necessary for the 
destruction of the United States stockpile of lethal chemical agents 
and munitions in accordance with the provisions of section 1412 of the 
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for 
the destruction of other chemical warfare materials that are not in the 
chemical weapon stockpile, $758,447,000, of which $478,947,000 shall be 
for Operation and maintenance, $191,200,000 shall be for Procurement to 
remain available until September 30, 1999, and $88,300,000 shall be for 
Research, development, test and evaluation to remain available until 
September 30, 1998: Provided, That of the funds made available under 
this heading, $1,000,000 shall be available until expended only for a 
Johnston Atoll off-island leave program: Provided further, That 
notwithstanding any other provision of law, the Secretaries concerned 
may, pursuant to uniform regulations prescribe travel and 
transportation allowances for travel by participants in the off-island 
leave program.

         Drug Interdiction and Counter-Drug Activities, Defense

                     (including transfer of funds)

          For drug interdiction and counter-drug activities of the 
Department of Defense, for transfer to appropriations available to the 
Department of Defense for military personnel of the reserve components 
serving under the provisions of title 10 and title 32, United States 
Code; for Operation and maintenance; for Procurement; and for Research, 
development, test and evaluation; $807,800,000: Provided, That the 
funds appropriated by this paragraph shall be available for obligation 
for the same time period and for the same purpose as the appropriation 
to which transferred: Provided further, That the transfer authority 
provided in this paragraph is in addition to any transfer authority 
contained elsewhere in this Act.

                    Office of the Inspector General

          For expenses and activities of the Office of the Inspector 
General in carrying out the provisions of the Inspector General Act of 
1978, as amended; $139,157,000, of which $137,157,000 shall be for 
Operation and maintenance, of which not to exceed $500,000 is available 
for emergencies and extraordinary expenses to be expended on the 
approval or authority of the Inspector General, and payments may be 
made on his certificate of necessity for confidential military 
purposes; and of which $2,000,000, to remain available until September 
30, 1999, shall be for Procurement.

                      TITLE VII--RELATED AGENCIES

   Central Intelligence Agency Retirement and Disability System Fund

          For payment to the Central Intelligence Agency Retirement and 
Disability System Fund, to maintain proper funding level for continuing 
the operation of the Central Intelligence Agency Retirement and 
Disability System; $196,400,000.

               Intelligence Community Management Account

          For necessary expenses of the Intelligence Community 
Management Account; $129,164,000: Provided, That of the funds 
appropriated under this heading, $27,000,000 shall be transferred to 
the Department of Justice for the National Drug Intelligence Center to 
support the Department of Defense's counterdrug monitoring and 
detection responsibilities.

Payment to Kaho'olawe Island Conveyance, Remediation, and Environmental 
                            Restoration Fund

          For payment to Kaho'olawe Island Conveyance, Remediation, and 
Environmental Restoration Fund, as authorized by law; $10,000,000, to 
remain available until expended.

                 National Security Education Trust Fund

          For the purposes of title VIII of Public Law 102-183, 
$5,100,000, to be derived from the National Security Education Trust 
Fund, to remain available until expended.

                     TITLE VIII--GENERAL PROVISIONS

          Sec. 8001. No part of any appropriation contained in this Act 
shall be used for publicity or propaganda purposes not authorized by 
the Congress.
          Sec. 8002. During the current fiscal year, provisions of law 
prohibiting the payment of compensation to, or employment of, any 
person not a citizen of the United States shall not apply to personnel 
of the Department of Defense: Provided, That salary increases granted 
to direct and indirect hire foreign national employees of the 
Department of Defense funded by this Act shall not be at a rate in 
excess of the percentage increase authorized by law for civilian 
employees of the Department of Defense whose pay is computed under the 
provisions of section 5332 of title 5, United States Code, or at a rate 
in excess of the percentage increase provided by the appropriate host 
nation to its own employees, whichever is higher: Provided further, 
That this section shall not apply to Department of Defense foreign 
service national employees serving at United States diplomatic missions 
whose pay is set by the Department of State under the Foreign Service 
Act of 1980: Provided further, That the limitations of this provision 
shall not apply to foreign national employees of the Department of 
Defense in the Republic of Turkey.
          Sec. 8003. No part of any appropriation contained in this Act 
shall remain available for obligation beyond the current fiscal year, 
unless expressly so provided herein.
          Sec. 8004. No more than 20 per centum of the appropriations 
in this Act which are limited for obligation during the current fiscal 
year shall be obligated during the last two months of the fiscal year: 
Provided, That this section shall not apply to obligations for support 
of active duty training of reserve components or summer camp training 
of the Reserve Officers' Training Corps.

                          (transfer of funds)

          Sec. 8005. Upon determination by the Secretary of Defense 
that such action is necessary in the national interest, he may, with 
the approval of the Office of Management and Budget, transfer not to 
exceed $2,000,000,000 of working capital funds of the Department of 
Defense or funds made available in this Act to the Department of 
Defense for military functions (except military construction) between 
such appropriations or funds or any subdivision thereof, to be merged 
with and to be available for the same purposes, and for the same time 
period, as the appropriation or fund to which transferred: Provided, 
That such authority to transfer may not be used unless for higher 
priority items, based on unforeseen military requirements, than those 
for which originally appropriated and in no case where the item for 
which funds are requested has been denied by Congress: Provided 
further, That the Secretary of Defense shall notify the Congress 
promptly of all transfers made pursuant to this authority or any other 
authority in this Act: Provided further, That no part of the funds in 
this Act shall be available to prepare or present a request to the 
Committees on Appropriations for reprogramming of funds, unless for 
higher priority items, based on unforeseen military requirements, than 
those for which originally appropriated and in no case where the item 
for which reprogramming is requested has been denied by the Congress.

                          (transfer of funds)

          Sec. 8006. During the current fiscal year, cash balances in 
working capital funds of the Department of Defense established pursuant 
to section 2208 of title 10, United States Code, may be maintained in 
only such amounts as are necessary at any time for cash disbursements 
to be made from such funds: Provided, That transfers may be made 
between such funds and the ``Foreign Currency Fluctuations, Defense'' 
and ``Operation and Maintenance'' appropriation accounts in such 
amounts as may be determined by the Secretary of Defense, with the 
approval of the Office of Management and Budget, except that such 
transfers may not be made unless the Secretary of Defense has notified 
the Congress of the proposed transfer. Except in amounts equal to the 
amounts appropriated to working capital funds in this Act, no 
obligations may be made against a working capital fund to procure or 
increase the value of war reserve material inventory, unless the 
Secretary of Defense has notified the Congress prior to any such 
obligation.
          Sec. 8007. Funds appropriated by this Act may not be used to 
initiate a special access program without prior notification 30 
calendar days in session in advance to the congressional defense 
committees.
          Sec. 8008. None of the funds contained in this Act available 
for the Civilian Health and Medical Program of the Uniformed Services 
shall be available for payments to physicians and other non-
institutional health care providers in excess of the amounts allowed in 
fiscal year 1996 for similar services, except that: (a) for services 
for which the Secretary of Defense determines an increase is justified 
by economic circumstances, the allowable amounts may be increased in 
accordance with appropriate economic index data similar to that used 
pursuant to title XVIII of the Social Security Act; and (b) for 
services the Secretary determines are overpriced based on allowable 
payments under title XVIII of the Social Security Act, the allowable 
amounts shall be reduced by not more than 15 percent (except that the 
reduction may be waived if the Secretary determines that it would 
impair adequate access to health care services for beneficiaries). The 
Secretary shall solicit public comment prior to promulgating 
regulations to implement this section. Such regulations shall include a 
limitation, similar to that used under title XVIII of the Social 
Security Act, on the extent to which a provider may bill a beneficiary 
an actual charge in excess of the allowable amount.
          Sec. 8009. None of the funds provided in this Act shall be 
available to initiate (1) a multiyear contract that employs economic 
order quantity procurement in excess of $20,000,000 in any one year of 
the contract or that includes an unfunded contingent liability in 
excess of $20,000,000, or (2) a contract for advance procurement 
leading to a multiyear contract that employs economic order quantity 
procurement in excess of $20,000,000 in any one year, unless the 
congressional defense committees have been notified at least thirty 
days in advance of the proposed contract award: Provided, That no part 
of any appropriation contained in this Act shall be available to 
initiate a multiyear contract for which the economic order quantity 
advance procurement is not funded at least to the limits of the 
Government's liability: Provided further, That no part of any 
appropriation contained in this Act shall be available to initiate 
multiyear procurement contracts for any systems or component thereof if 
the value of the multiyear contract would exceed $500,000,000 unless 
specifically provided in this Act: Provided further, That no multiyear 
procurement contract can be terminated without 10-day prior 
notification to the congressional defense committees: Provided further, 
That the execution of multiyear authority shall require the use of a 
present value analysis to determine lowest cost compared to an annual 
procurement: Provided further, That notwithstanding Section 8010 of 
Public Law 104-61, funds appropriated for the DDG-51 destroyer program 
in Public Law 104-61 may be used to initiate a multiyear contract for 
the Arleigh Burke class destroyer program.
          Funds appropriated in title III of this Act may be used for 
multiyear procurement contracts as follows:
            Javelin missiles;
            Army Tactical Missile System (ATACMS);
            MK19-3 grenade machine guns;
            M16A2 rifles;
            M249 Squad Automatic Weapons;
            M4 carbine rifles;
            M240B machine guns; and
            Arleigh Burke (DDG-51) class destroyers.
          Sec. 8010. Within the funds appropriated for the operation 
and maintenance of the Armed Forces, funds are hereby appropriated 
pursuant to section 401 of title 10, United States Code, for 
humanitarian and civic assistance costs under chapter 20 of title 10, 
United States Code. Such funds may also be obligated for humanitarian 
and civic assistance costs incidental to authorized operations and 
pursuant to authority granted in section 401 of chapter 20 of title 10, 
United States Code, and these obligations shall be reported to Congress 
on September 30 of each year: Provided, That funds available for 
operation and maintenance shall be available for providing humanitarian 
and similar assistance by using Civic Action Teams in the Trust 
Territories of the Pacific Islands and freely associated states of 
Micronesia, pursuant to the Compact of Free Association as authorized 
by Public Law 99-239: Provided further, That upon a determination by 
the Secretary of the Army that such action is beneficial for graduate 
medical education programs conducted at Army medical facilities located 
in Hawaii, the Secretary of the Army may authorize the provision of 
medical services at such facilities and transportation to such 
facilities, on a nonreimbursable basis, for civilian patients from 
American Samoa, the Commonwealth of the Northern Mariana Islands, the 
Marshall Islands, the Federated States of Micronesia, Palau, and Guam.
          Sec. 8011. (a) During fiscal year 1997, the civilian 
personnel of the Department of Defense may not be managed on the basis 
of any end-strength, and the management of such personnel during that 
fiscal year shall not be subject to any constraint or limitation (known 
as an end-strength) on the number of such personnel who may be employed 
on the last day of such fiscal year.
          (b) The fiscal year 1998 budget request for the department of 
Defense as well as all justification material and other documentation 
supporting the fiscal year 1998 Department of Defense budget request 
shall be prepared and submitted to the Congress as if subsections (a) 
and (b) of this provision were effective with regard to fiscal year 
1998.
          (c) Nothing in this section shall be construed to apply to 
military (civilian) technicians.
          Sec. 8012. Notwithstanding any other provision of law, none 
of the funds made available by this Act shall be used by the Department 
of Defense to exceed, outside the fifty United States, its territories, 
and the District of Columbia, 125,000 civilian workyears: Provided, 
That workyears shall be applied as defined in the Federal Personnel 
Manual: Provided further, That workyears expended in dependent student 
hiring programs for disadvantaged youths shall not be included in this 
workyear limitation.
          Sec. 8013. None of the funds made available by this Act shall 
be used in any way, directly or indirectly, to influence congressional 
action on any legislation or appropriation matters pending before the 
Congress.
          Sec. 8014. (a) None of the funds appropriated by this Act 
shall be used to make contributions to the Department of Defense 
Education Benefits Fund pursuant to section 2006(g) of title 10, United 
States Code, representing the normal cost for future benefits under 
section 3015(c) of title 38, United States Code, for any member of the 
armed services who, on or after the date of enactment of this Act--
            (1) enlists in the armed services for a period of active 
        duty of less than three years; or
            (2) receives an enlistment bonus under section 308a or 308f 
        of title 37, United States Code,
nor shall any amounts representing the normal cost of such future 
benefits be transferred from the Fund by the Secretary of the Treasury 
to the Secretary of Veterans Affairs pursuant to section 2006(d) of 
title 10, United States Code; nor shall the Secretary of Veterans 
Affairs pay such benefits to any such member: Provided, That in the 
case of a member covered by clause (1), these limitations shall not 
apply to members in combat arms skills or to members who enlist in the 
armed services on or after July 1, 1989, under a program continued or 
established by the Secretary of Defense in fiscal year 1991 to test the 
cost-effective use of special recruiting incentives involving not more 
than nineteen noncombat arms skills approved in advance by the 
Secretary of Defense: Provided further, That this subsection applies 
only to active components of the Army.
          (b) None of the funds appropriated by this Act shall be 
available for the basic pay and allowances of any member of the Army 
participating as a full-time student and receiving benefits paid by the 
Secretary of Veterans Affairs from the Department of Defense Education 
Benefits Fund when time spent as a full-time student is credited toward 
completion of a service commitment: Provided, That this subsection 
shall not apply to those members who have reenlisted with this option 
prior to October 1, 1987: Provided further, That this subsection 
applies only to active components of the Army.
          Sec. 8015. None of the funds appropriated by this Act shall 
be available to convert to contractor performance an activity or 
function of the Department of Defense that, on or after the date of 
enactment of this Act, is performed by more than ten Department of 
Defense civilian employees until a most efficient and cost-effective 
organization analysis is completed on such activity or function and 
certification of the analysis is made to the Committees on 
Appropriations of the House of Representatives and the Senate: 
Provided, That this section shall not apply to a commercial or 
industrial type function of the Department of Defense that: (1) is 
included on the procurement list established pursuant to section 2 of 
the Act of June 25, 1938 (41 U.S.C. 47), popularly referred to as the 
Javits-Wagner-O'Day Act; (2) is planned to be converted to performance 
by a qualified nonprofit agency for the blind or by a qualified 
nonprofit agency for other severely handicapped individuals in 
accordance with that Act; or (3) is planned to be converted to 
performance by a qualified firm under 51 percent Native American 
ownership.

                          (transfer of funds)

          Sec. 8016. Funds appropriated in title III of this Act for 
the Department of Defense Pilot Mentor-Protege Program may be 
transferred to any other appropriation contained in this Act solely for 
the purpose of implementing a Mentor-Protege Program developmental 
assistance agreement pursuant to section 831 of the National Defense 
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 
2301 note), as amended, under the authority of this provision or any 
other transfer authority contained in this Act.
          Sec. 8017. None of the funds in this Act may be available for 
the purchase by the Department of Defense (and its departments and 
agencies) of welded shipboard anchor and mooring chain 4 inches in 
diameter and under unless the anchor and mooring chain are manufactured 
in the United States from components which are substantially 
manufactured in the United States: Provided, That for the purpose of 
this section manufactured will include cutting, heat treating, quality 
control, testing of chain and welding (including the forging and shot 
blasting process): Provided further, That for the purpose of this 
section substantially all of the components of anchor and mooring chain 
shall be considered to be produced or manufactured in the United States 
if the aggregate cost of the components produced or manufactured in the 
United States exceeds the aggregate cost of the components produced or 
manufactured outside the United States: Provided further, That when 
adequate domestic supplies are not available to meet Department of 
Defense requirements on a timely basis, the Secretary of the service 
responsible for the procurement may waive this restriction on a case-
by-case basis by certifying in writing to the Committees on 
Appropriations that such an acquisition must be made in order to 
acquire capability for national security purposes.
          Sec. 8018. None of the funds appropriated by this Act 
available for the Civilian Health and Medical Program of the Uniformed 
Services (CHAMPUS) shall be available for the reimbursement of any 
health care provider for inpatient mental health service for care 
received when a patient is referred to a provider of inpatient mental 
health care or residential treatment care by a medical or health care 
professional having an economic interest in the facility to which the 
patient is referred: Provided, That this limitation does not apply in 
the case of inpatient mental health services provided under the program 
for the handicapped under subsection (d) of section 1079 of title 10, 
United States Code, provided as partial hospital care, or provided 
pursuant to a waiver authorized by the Secretary of Defense because of 
medical or psychological circumstances of the patient that are 
confirmed by a health professional who is not a Federal employee after 
a review, pursuant to rules prescribed by the Secretary, which takes 
into account the appropriate level of care for the patient, the 
intensity of services required by the patient, and the availability of 
that care.
          Sec. 8019. Funds available in this Act may be used to provide 
transportation for the next-of-kin of individuals who have been 
prisoners of war or missing in action from the Vietnam era to an annual 
meeting in the United States, under such regulations as the Secretary 
of Defense may prescribe.
          Sec. 8020. Notwithstanding any other provision of law, during 
the current fiscal year, the Secretary of Defense may, by Executive 
Agreement, establish with host nation governments in NATO member states 
a separate account into which such residual value amounts negotiated in 
the return of United States military installations in NATO member 
states may be deposited, in the currency of the host nation, in lieu of 
direct monetary transfers to the United States Treasury: Provided, That 
such credits may be utilized only for the construction of facilities to 
support United States military forces in that host nation, or such real 
property maintenance and base operating costs that are currently 
executed through monetary transfers to such host nations: Provided 
further, That the Department of Defense's budget submission for fiscal 
year 1998 shall identify such sums anticipated in residual value 
settlements, and identify such construction, real property maintenance 
or base operating costs that shall be funded by the host nation through 
such credits: Provided further, That all military construction projects 
to be executed from such accounts must be previously approved in a 
prior Act of Congress: Provided further, That each such Executive 
Agreement with a NATO member host nation shall be reported to the 
congressional defense committees, the Committee on International 
Relations of the House of Representatives and the Committee on Foreign 
Relations of the Senate thirty days prior to the conclusion and 
endorsement of any such agreement established under this provision.
          Sec. 8021. None of the funds available to the Department of 
Defense may be used to demilitarize or dispose of M-1 Carbines, M-1 
Garand rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or 
M-1911 pistols.
          Sec. 8022. Notwithstanding any other provision of law, none 
of the funds appropriated by this Act shall be available to pay more 
than 50 percent of an amount paid to any person under section 308 of 
title 37, United States Code, in a lump sum.
          Sec. 8023. None of the funds appropriated by this Act shall 
be available for payments under the Department of Defense contract with 
the Louisiana State University Medical Center involving the use of cats 
for Brain Missile Wound Research, and the Department of Defense shall 
not make payments under such contract from funds obligated prior to the 
date of the enactment of this Act, except as necessary for costs 
incurred by the contractor prior to the enactment of this Act: 
Provided, That funds necessary for the care of animals covered by this 
contract are allowed.
          Sec. 8024. Of the funds made available by this Act in title 
III, Procurement, $8,000,000, drawn pro rata from each appropriations 
account in title III, shall be available for incentive payments 
authorized by section 504 of the Indian Financing Act of 1974, 25 
U.S.C. 1544. These payments shall be available only to contractors 
which have submitted subcontracting plans pursuant to 15 U.S.C. 637(d), 
and according to regulations which shall be promulgated by the 
Secretary of Defense within 90 days of the passage of this Act.
          Sec. 8025. None of the funds provided in this Act or any 
other Act shall be available to conduct bone trauma research at any 
Army Research Laboratory until the Secretary of the Army certifies that 
the synthetic compound to be used in the experiments is of such a type 
that its use will result in a significant medical finding, the research 
has military application, the research will be conducted in accordance 
with the standards set by an animal care and use committee, and the 
research does not duplicate research already conducted by a 
manufacturer or any other research organization.
          Sec. 8026. During the current fiscal year, none of the funds 
available to the Department of Defense may be used to procure or 
acquire (1) defensive handguns unless such handguns are the M9 or M11 
9mm Department of Defense standard handguns, or (2) offensive handguns 
except for the Special Operations Forces: Provided, That the foregoing 
shall not apply to handguns and ammunition for marksmanship 
competitions.
          Sec. 8027. No more than $500,000 of the funds appropriated or 
made available in this Act shall be used for any single relocation of 
an organization, unit, activity or function of the Department of 
Defense into or within the National Capital Region: Provided, That the 
Secretary of Defense may waive this restriction on a case-by-case basis 
by certifying in writing to the Congressional defense committees that 
such a relocation is required in the best interest of the Government.
          Sec. 8028. During the current fiscal year, funds appropriated 
or otherwise available for any Federal agency, the Congress, the 
judicial branch, or the District of Columbia may be used for the pay, 
allowances, and benefits of an employee as defined by section 2105 of 
title 5 or an individual employed by the government of the District of 
Columbia, permanent or temporary indefinite, who--
            (1) is a member of a Reserve component of the Armed Forces, 
        as described in section 261 of title 10, or the National Guard, 
        as described in section 101 of title 32;
            (2) performs, for the purpose of providing military aid to 
        enforce the law or providing assistance to civil authorities in 
        the protection or saving of life or property or prevention of 
        injury--
                    (A) Federal service under sections 331, 332, 333, 
                or 12406 of title 10, or other provision of law, as 
                applicable, or
                    (B) full-time military service for his or her 
                State, the District of Columbia, the Commonwealth of 
                Puerto Rico, or a territory of the United States; and
            (3) requests and is granted--
                    (A) leave under the authority of this section; or
                    (B) annual leave, which may be granted without 
                regard to the provisions of sections 5519 and 6323(b) 
                of title 5, if such employee is otherwise entitled to 
                such annual leave:
Provided, That any employee who requests leave under subsection (3)(A) 
for service described in subsection (2) of this section is entitled to 
such leave, subject to the provisions of this section and of the last 
sentence of section 6323(b) of title 5, and such leave shall be 
considered leave under section 6323(b) of title 5.
          Sec. 8029. None of the funds appropriated by this Act shall 
be available to perform any cost study pursuant to the provisions of 
OMB Circular A-76 if the study being performed exceeds a period of 
twenty-four months after initiation of such study with respect to a 
single function activity or forty-eight months after initiation of such 
study for a multi-function activity.
          Sec. 8030. Funds appropriated by this Act for the American 
Forces Information Service shall not be used for any national or 
international political or psychological activities.
          Sec. 8031. Notwithstanding any other provision of law or 
regulation, the Secretary of Defense may adjust wage rates for civilian 
employees hired for certain health care occupations as authorized for 
the Secretary of Veterans Affairs by section 7455 of title 38, United 
States Code.
          Sec. 8032. None of the funds appropriated or made available 
in this Act shall be used to reduce or disestablish the operation of 
the 53rd Weather Reconnaissance Squadron of the Air Force Reserve, if 
such action would reduce the WC-130 Weather Reconnaissance mission 
below the levels funded in this Act.
          Sec. 8033. (a) Of the funds for the procurement of supplies 
or services appropriated by this Act, qualified nonprofit agencies for 
the blind or other severely handicapped shall be afforded the maximum 
practicable opportunity to participate as subcontractors and supplies 
in the performance of contracts let by the Department of Defense.
          (b) During the current fiscal year, a business concern which 
has negotiated with a military service or defense agency a 
subcontracting plan for the participation by small business concerns 
pursuant to section 8(d) of the Small Business Act (15 U.S.C. 637(d)) 
shall be given credit toward meeting that subcontracting goal for any 
purchases made from qualified nonprofit agencies for the blind or other 
severely handicapped.
          (c) For the purpose of this section, the phrase ``qualified 
nonprofit agency for the blind or other severely handicapped'' means a 
nonprofit agency for the blind or other severely handicapped that has 
been approved by the Committee for the Purchase from the Blind and 
Other Severely Handicapped under the Javits-Wagner-O'Day Act (41 U.S.C. 
46-48).
          Sec. 8034. During the current fiscal year, net receipts 
pursuant to collections from third party payers pursuant to section 
1095 of title 10, United States Code, shall be made available to the 
local facility of the uniformed services responsible for the 
collections and shall be over and above the facility's direct budget 
amount.
          Sec. 8035. During the current fiscal year, the Department of 
Defense is authorized to incur obligations of not to exceed 
$350,000,000 for purposes of specified in section 2350j(c) of title 10, 
United States Code, in anticipation of receipt of contributions, only 
from the Government of Kuwait, under that section: Provided, That, upon 
receipt, such contributions from the Government of Kuwait shall be 
credited to the appropriations or fund which incurred such obligations.
          Sec. 8036. Of the funds made available in this Act, not less 
than $23,626,000 shall be available for the Civil Air Patrol, of which 
$19,926,000 shall be available for Operation and maintenance.
          Sec. 8037. (a) None of the funds appropriated in this Act are 
available to establish a new Department of Defense (department) 
federally funded research and development center (FFRDC), either as a 
new entity, or as a separate entity administrated by an organization 
managing another FFRDC, or as a nonprofit membership corporation 
consisting of a consortium of other FFRDCs and other non-profit 
entities.
          (b) Limitation on Compensation.--No member of a Board of 
Directors, Trustees, Overseers, Advisory Group, Special Issues Panel, 
Visiting Committee, or any similar entity of a defense FFRDC, and no 
paid consultant to any defense FFRDC, may be compensated for his or her 
services as a member of such entity, or as a paid consultant, except 
under the same conditions, and to the same extent, as members of the 
Defense Science Board: Provided, That a member of any such entity 
referred to previously in this subsection shall be allowed travel 
expenses and per diem as authorized under the Federal Joint Travel 
Regulations, when engaged in the performance of membership duties.
          (c) Notwithstanding any other provision of law, none of the 
funds available to the department from any source during fiscal year 
1997 may be used by a defense FFRDC, through a fee or other payment 
mechanism, for charitable contributions, for construction of new 
buildings, for payment of cost sharing for projects funded by 
government grants, or for absorption of contract overruns.
          (d) Notwithstanding any other provision of law, of the funds 
available to the department during fiscal year 1997, not more than 
5,975 staff years of technical effort (staff years) may be funded for 
defense FFRDCs: Provided, That of the specific amount referred to 
previously in this subsection, not more than 1,088 staff years may be 
funded for the defense studies and analysis FFRDCs.
          (e) Notwithstanding any other provision of law, the Secretary 
of Defense shall control the total number of staff years to be 
performed by defense FFRDCs during fiscal year 1997 so as to reduce the 
total amounts appropriated in titles II, III, and IV of this Act by 
$52,286,000: Provided, That the total amounts appropriated in titles 
II, III, and IV of this Act are hereby reduced by $52,286,000 to 
reflect savings from the use of defense FFRDCs by the department.
          (f) Within 60 days after enactment of this Act, the Secretary 
of Defense shall submit to the Congressional defense committees a 
report presenting the specific amounts of staff years of technical 
effort to be allocated by the department for each defense FFRDC during 
fiscal year 1997: Provided, That, after the submission of the report 
required by this subsection, the department may not reallocate more 
than five percent of an FFRDC's staff years among other defense FFRDCs 
until 30 days after a detailed justification for any such reallocation 
is submitted to the Congressional defense committees.
          (g) The Secretary of Defense shall, with the submission of 
the department's fiscal year 1998 budget request, submit a report 
presenting the specific amounts of staff years of technical effort to 
be allocated for each defense FFRDC during that fiscal year.
          (h) The total amounts appropriated to or for the use of the 
department in titles II, III, and IV of this Act are hereby further 
reduced by $102,286,000 to reflect savings from the decreased use of 
non-FFRDC consulting services by the department.
          (i) No part of the reductions contained in subsections (e) 
and (h) of this section may be applied against any budget activity, 
activity group, subactivity group, line item, program element, program, 
project, subproject or activity which does not fund defense FFRDC 
activities or non-FFRDC consulting services within each appropriation 
account.
          (j) Not later than 90 days after enactment of this Act, the 
Secretary of Defense shall submit to the congressional defense 
committees a report listing the specific funding reductions allocated 
to each category listed in subsection (i) above pursuant to this 
section.
          Sec. 8038. None of the funds in this or any other Act shall 
be available for the preparation of studies on--
            (a) the feasibility of removal and transportation of 
        unitary chemical weapons or agents from the eight chemical 
        storage sites within the continental United States to Johnston 
        Atoll: Provided, That this prohibition shall not apply to 
        General Accounting Office studies requested by a Member of 
        Congress or a Congressional Committee; and
            (b) the potential future uses of the nine chemical disposal 
        facilities other than for the destruction of stockpile chemical 
        munitions and as limited by section 1412(c)(2), Public Law 99-
        145: Provided, That this prohibition does not apply to future 
        use studies for the CAMDS facility at Tooele, Utah.
          Sec. 8039. None of the funds appropriated or made available 
in this Act shall be used to procure carbon, alloy or armor steel plate 
for use in any Government-owned facility or property under the control 
of the Department of Defense which were not melted and rolled in the 
United States or Canada: Provided, That these procurement restrictions 
shall apply to any and all Federal Supply Class 9515, American Society 
of Testing and Materials (ASTM) or American Iron and Steel Institute 
(AISI) specifications of carbon, alloy or armor steel plate: Provided 
further, That the Secretary of the military department responsible for 
the procurement may waive this restriction on a case-by-case basis by 
certifying in writing to the Committees on Appropriations of the House 
of Representatives and the Senate that adequate domestic supplies are 
not available to meet Department of Defense requirements on a timely 
basis and that such an acquisition must be made in order to acquire 
capability for national security purposes: Provided further, That these 
restrictions shall not apply to contracts which are in being as of the 
date of enactment of this Act.
          Sec. 8040. For the purposes of this Act, the term 
``congressional defense committees'' means the National Security 
Committee of the House of Representatives, the Armed Services Committee 
of the Senate, the subcommittee on Defense of the Committee on 
Appropriations of the Senate, and the subcommittee on National Security 
of the Committee on Appropriations of the House of Representatives.
          Sec. 8041. During the current fiscal year, the Department of 
Defense may acquire the modification, depot maintenance and repair of 
aircraft, vehicles and vessels as well as the production of components 
and other Defense-related articles, through competition between 
Department of Defense depot maintenance activities and private firms: 
Provided, That the Senior Acquisition Executive of the military 
department or defense agency concerned, with power of delegation, shall 
certify that successful bids include comparable estimates of all direct 
and indirect costs for both public and private bids: Provided further, 
That Office of Management and Budget Circular A-76 shall not apply to 
competitions conducted under this section.
          Sec. 8042. (a)(1) If the Secretary of Defense, after 
consultation with the United States Trade Representative, determines 
that a foreign country which is party to an agreement described in 
paragraph (2) has violated the terms of the agreement by discriminating 
against certain types of products produced in the United States that 
are covered by the agreement, the Secretary of Defense shall rescind 
the Secretary's blanket waiver of the Buy American Act with respect to 
such types of products produced in that foreign country.
          (2) An agreement referred to in paragraph (1) is any 
reciprocal defense procurement memorandum of understanding, between the 
United States and a foreign country pursuant to which the Secretary of 
Defense has prospectively waived the Buy American Act for certain 
products in that country.
          (b) The Secretary of Defense shall submit to Congress a 
report on the amount of Department of Defense purchases from foreign 
entities in fiscal year 1997. Such report shall separately indicate the 
dollar value of items for which the Buy American Act was waived 
pursuant to any agreement described in subsection (a)(2), the Trade 
Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any international 
agreement to which the United States is a party.
          (c) For purposes of this section, the term ``Buy American 
Act'' means title III of the Act entitled ``An Act making 
appropriations for the Treasury and Post Office Departments for the 
fiscal year ending June 30, 1934, and for other purposes'', approved 
March 3, 1933 (41 U.S.C. 10a et seq.).
          Sec. 8043. Appropriations contained in this Act that remain 
available at the end of the current fiscal year as a result of energy 
cost savings realized by the Department of Defense shall remain 
available for obligation for the next fiscal year to the extent, and 
for the purposes, provided in section 2865 of title 10, United States 
Code.
          Sec. 8044. During the current fiscal year and hereafter, 
voluntary separation incentives payable under 10 U.S.C. 1175 may be 
paid in such amounts as are necessary from the assets of the Voluntary 
Separation Incentive Fund established by section 1175(h)(1).

                     (including transfer of funds)

          Sec. 8045. Amounts deposited during the current fiscal year 
to the special account established under 40 U.S.C. 485(h)(2) and to the 
special account established under 10 U.S.C. 2667(d)(1) are appropriated 
and shall be available until transferred by the Secretary of Defense to 
current applicable appropriations or funds of the Department of Defense 
under the terms and conditions specified by 40 U.S.C. 485(h)(2) (A) and 
(B) and 10 U.S.C. 2667(d)(1)(B), to be merged with and to be available 
for the same time period and the same purposes as the appropriation to 
which transferred.
          Sec. 8046. During the current fiscal year, appropriations 
available to the Department of Defense may be used to reimburse a 
member of a reserve component of the Armed Forces who is not otherwise 
entitled to travel and transportation allowances and who occupies 
transient government housing while performing active duty for training 
or inactive duty training: Provided, That such members may be provided 
lodging in kind if transient government quarters are unavailable as if 
the member was entitled to such allowances under subsection (a) of 
section 404 of title 37, United States Code: Provided further, That if 
lodging in kind is provided, any authorized service charge or cost of 
such lodging may be paid directly from funds appropriated for operation 
and maintenance of the reserve component of the member concerned.
          Sec. 8047. The President shall include with each budget for a 
fiscal year submitted to the Congress under section 1105 of title 31, 
United States Code, materials that shall identify clearly and 
separately the amounts requested in the budget for appropriation for 
that fiscal year for salaries and expenses related to administrative 
activities of the Department of Defense, the military departments, and 
the Defense Agencies.
          Sec. 8048. Notwithstanding any other provision of law, funds 
available for ``Drug Interdiction and Counter-Drug Activities, 
Defense'' may be obligated for the Young Marines program.
          Sec. 8049. During the current fiscal year, amounts contained 
in the Department of Defense Overseas Military Facility Investment 
Recovery Account established by section 2921(c)(1) of the National 
Defense Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687 
note) shall be available until expended for the payments specified by 
section 2921(c)(2) of that Act.
          Sec. 8050. During the current fiscal year and hereafter, 
annual payments granted under the provisions of section 4416 of the 
National Defense Authorization Act for Fiscal Year 1993 (Public Law 
102-484; 106 Stat. 2714) shall be made from appropriations in this Act 
which are available for the pay of reserve component personnel.
          Sec. 8051. Of the funds appropriated or otherwise made 
available by this Act, not more than $119,200,000 shall be available 
for payment of the operating costs of NATO Headquarters: Provided, That 
the Secretary of Defense may waive this section for Department of 
Defense support provided to NATO forces in and around the former 
Yugoslavia.
          Sec. 8052. During the current fiscal year, appropriations 
which are available to the Department of Defense for operation and 
maintenance may be used to purchase items having an investment item 
unit cost of not more than $100,000.
          Sec. 8053. During the current fiscal year and hereafter, 
appropriations available for the pay and allowances of active duty 
members of the Armed Forces shall be available to pay the retired pay 
which is payable pursuant to section 4403 of Public Law 102-484 (10 
U.S.C. 1293 note) under the terms and conditions provided in section 
4403.
          Sec. 8054. (a) During the current fiscal year, none of the 
appropriations or funds available to the Defense Business Operations 
Fund shall be used for the purchase of an investment item for the 
purpose of acquiring a new inventory item for sale or anticipated sale 
during the current fiscal year or a subsequent fiscal year to customers 
of the Defense Business Operations Fund if such an item would not have 
been chargeable to the Defense Business Operations Fund during fiscal 
year 1994 and if the purchase of such an investment item would be 
chargeable during the current fiscal year to appropriations made to the 
Department of Defense for procurement.
          (b) The fiscal year 1998 budget request for the Department of 
Defense as well as all justification material and other documentation 
supporting the fiscal year 1998 Department of Defense budget shall be 
prepared and submitted to the Congress on the basis that any equipment 
which was classified as an end item and funded in a procurement 
appropriation contained in this Act shall be budgeted for in a proposed 
fiscal year 1998 procurement appropriation and not in the supply 
management business area or any other area or category of the Defense 
Business Operations Fund.
          Sec. 8055. None of the funds provided in this Act shall be 
available for use by a Military Department to modify an aircraft, 
weapon, ship or other item of equipment, that the Military Department 
concerned plans to retire or otherwise dispose of within five years 
after completion of the modification: Provided, That this prohibition 
shall not apply to safety modifications: Provided further, That this 
prohibition may be waived by the Secretary of a Military Department if 
the Secretary determines it is in the best national security interest 
of the United States to provide such waiver and so notifies the 
congressional defense committees in writing.
          Sec. 8056. None of the funds appropriated by this Act for 
programs of the Central Intelligence Agency shall remain available for 
obligation beyond the current fiscal year, except for funds 
appropriated for the Reserve for Contingencies, which shall remain 
available until September 30, 1998.
          Sec. 8057. Notwithstanding any other provision of law, funds 
made available in this Act for the Defense Intelligence Agency may be 
used for the design, development, and deployment of General Defense 
Intelligence Program intelligence communications and intelligence 
information systems for the Services, the Unified and Specified 
Commands, and the component commands.
          Sec. 8058. (a) Notwithstanding any other provision of law, 
funds appropriated in this Act for the High Performance Computing 
Modernization Program shall be made available only for the acquisition, 
modernization and sustainment of supercomputing capability and capacity 
at Department of Defense (DoD) science and technology sites under the 
cognizance of the Director of Defense Research and Engineering and DoD 
test and evaluation facilities under the Director of Test and 
Evaluation, OUSD (A&T): Provided, That these funds shall be awarded 
based on user-defined requirements.
          (b) Of the funds appropriated in this Act under the heading 
``Procurement, Defense-Wide'', $124,735,000 shall be made available for 
the High Performance Computing Modernization Program. Of the total 
funds made available for the program pursuant to this subsection, 
$20,000,000 shall be for the Army High Performance Computing Research 
Center.
          Sec. 8059. Of the funds appropriated by the Department of 
Defense under the heading ``Operation and Maintenance, Defense-Wide'', 
not less than $8,000,000 shall be made available only for the 
mitigation of environmental impacts, including training and technical 
assistance to tribes, related administrative support, the gathering of 
information, documenting of environmental damage, and developing a 
system for prioritization of mitigation, on Indian lands resulting from 
Department of Defense activities.
          Sec. 8060. Amounts collected for the use of the facilities of 
the National Science Center for Communications and Electronics during 
the current fiscal year pursuant to section 1459(g) of the Department 
of Defense Authorization Act, 1986, and deposited to the special 
account established under subsection 1459(g)(2) of that Act are 
appropriated and shall be available until expended for the operation 
and maintenance of the Center as provided for in subsection 1459(g)(2).
          Sec. 8061. None of the funds appropriated in this Act may be 
used to fill the commander's position at any military medical facility 
with a health care professional unless the prospective candidate can 
demonstrate professional administrative skills.
          Sec. 8062. (a) None of the funds appropriated in this Act may 
be expended by an entity of the Department of Defense unless the 
entity, in expending the funds, complies with Buy American Act. For 
purposes of this subsection, the term ``Buy American Act'' means title 
III of the Act entitled ``An Act making appropriations for the Treasury 
and Post Office Departments for the fiscal year ending June 30, 1934, 
and for other purposes'', approved March 3, 1933 (41 U.S.C. 10a et 
seq.).
          (b) If the Secretary of Defense determines that a person has 
been convicted of intentionally affixing a label bearing a ``Made in 
America'' inscription to any product sold in or shipped to the United 
States that is not made in America, the Secretary shall determine, in 
accordance with section 2410f of title 10, United States Code, whether 
the person should be debarred from contracting with the Department of 
Defense.
          (c) In the case of any equipment or products purchased with 
appropriations provided under this Act, it is the sense of the Congress 
that any entity of the Department of Defense, in expending the 
appropriation, purchase only American-made equipment and products, 
provided that American-made equipment and products are cost-
competitive, quality-competitive, and available in a timely fashion.
          Sec. 8063. None of the funds appropriated by this Act shall 
be available for a contract for studies, analysis, or consulting 
services entered into without competition on the basis of an 
unsolicited proposal unless the head of the activity responsible for 
the procurement determines--
            (1) as a result of thorough technical evaluation, only one 
        source is found fully qualified to perform the proposed work, 
        or
            (2) the purpose of the contract is to explore an 
        unsolicited proposal which offers significant scientific or 
        technological promise, represents the product of original 
        thinking, and was submitted in confidence by one source, or
            (3) the purpose of the contract is to take advantage of 
        unique and significant industrial accomplishment by a specific 
        concern, or to insure that a new product or idea of a specific 
        concern is given financial support:
Provided, That this limitation shall not apply to contracts in an 
amount of less than $25,000, contracts related to improvements of 
equipment that is in development or production, or contracts as to 
which a civilian official of the Department of Defense, who has been 
confirmed by the Senate, determines that the award of such contract is 
in the interest of the national defense.
          Sec. 8064. Funds appropriated by this Act for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414).
          Sec. 8065. Notwithstanding section 142 of H.R. 3230, the 
National Defense Authorization Act for Fiscal Year 1997, as passed by 
the Senate on September 10, 1996, of the funds provided in title VI of 
this Act, under the heading ``Chemical Agents and Munitions 
Destruction, Defense'', $40,000,000 shall only be available for the 
conduct of a pilot program to identify and demonstrate not less than 
two alternatives to the baseline incineration process for the 
demilitarization of assembled chemical munitions: Provided, That the 
Under Secretary of Defense for Acquisition and Technology shall, not 
later than December 1, 1996, designate a program manager who is not, 
nor has been, in direct or immediate control of the baseline reverse 
assembly incineration demilitarization program to carry out the pilot 
program: Provided further, That the Under Secretary of Defense for 
Acquisition and Technology shall evaluate the effectiveness of each 
alternative chemical munitions demilitarization technology identified 
and demonstrated under the pilot program to demilitarize munitions and 
assembled chemical munitions while meeting all applicable Federal and 
State environmental and safety requirements: Provided further, That the 
Under Secretary of Defense for Acquisition and Technology shall 
transmit, by December 15 of each year, a report to the congressional 
defense committees on the activities carried out under the pilot 
program during the preceding fiscal year in which the report is to be 
made: Provided further, That section 142(f)(3) of H.R. 3230, the 
National Defense Authorization Act for Fiscal Year 1997, as passed by 
the Senate on September 10, 1996, is repealed: Provided further, That 
no funds may be obligated for the construction of a baseline 
incineration facility at the Lexington Blue Grass Army Depot or the 
Pueblo Depot activity until 180 days after the Secretary of Defense has 
submitted to the congressional defense committees a report detailing 
the effectiveness of each alternative chemical munitions 
demilitarization technology identified and demonstrated under the pilot 
program and its ability to meet the applicable safety and environmental 
requirements: Provided further, That none of the funds in this or any 
other Act may be obligated for the preparation of studies, assessments, 
or planning of the removal and transportation of stockpile assembled 
unitary chemical weapons or neutralized chemical agent to any of the 
eight chemical weapons storage sites within the continental United 
States.
          Sec. 8066. (a) None of the funds made available by this Act 
may be obligated for design, development, acquisition, or operation of 
more than 47 Titan IV expendable launch vehicles, or for satellite 
mission-model planning for a Titan IV requirement beyond 47 vehicles.
          (b) $59,600,000 made available in this Act for Research, 
Development, Test and Evaluation, Air Force, may only be obligated for 
development of a new family of medium-lift and heavy-lift expendable 
launch vehicles evolved from existing technologies.
          Sec. 8067. None of the funds available to the Department of 
Defense in this Act may be used to establish additional field operating 
agencies of any element of the Department during fiscal year 1997, 
except for field operating agencies funded within the National Foreign 
Intelligence Program: Provided, That the Secretary of Defense may waive 
this section by certifying to the House and Senate Committees on 
Appropriations that the creation of such field operating agencies will 
reduce either the personnel and/or financial requirements of the 
Department of Defense.
          Sec. 8068. Notwithstanding section 303 of Public Law 96-487 
or any other provision of law, the Secretary of the Navy is authorized 
to lease real and personal property at Naval Air Facility, Adak, 
Alaska, pursuant to 10 U.S.C. 2667(f), for commercial, industrial or 
other purposes.
          Sec. 8069. Notwithstanding any other provision of law, for 
resident classes entering the war colleges after September 30, 1997, 
the Department of Defense shall require that not less than 20 percent 
of the total of United States military students at each war college 
shall be from military departments other than the hosting military 
department: Provided, That each military department will recognize the 
attendance at a sister military department war college as the 
equivalent of attendance at its own war college for promotion and 
advancement of personnel.

                             (rescissions)

          Sec. 8070. Of the funds provided in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded from the 
following accounts in the specified amounts:
            ``Procurement of Ammunition, Army, 1995/1997'', $4,500,000;
            ``Aircraft Procurement, Navy, 1995/1997'', $8,000,000;
            ``Procurement of Ammunition, Navy and Marine Corps, 1995/
        1997'', $2,000,000;
            ``Other Procurement, Navy, 1995/1997'', $10,000,000;
            ``Aircraft Procurement, Air Force, 1995/1997'', $3,100,000;
            ``Missile Procurement, Air Force, 1995/1997'', $31,900,000;
            ``Aircraft Procurement, Navy, 1996/1998'', $5,400,000;
            ``Procurement of Ammunition, Navy and Marine Corps, 1996/
        1998'', $12,708,000;
            ``Aircraft Procurement, Air Force, 1996/1998'', $9,000,000;
            ``Missile Procurement, Air Force, 1996/1998'', $20,000,000;
            ``Other Procurement, Air Force, 1996/1998'', $26,000,000;
            ``Research, Development, Test and Evaluation, Navy 1996/
        1997'', $4,500,000.
          Sec. 8071. None of the funds provided in this Act may be 
obligated for payment on new contracts on which allowable costs charged 
to the government include payments for individual compensation at a 
rate in excess of $250,000 per year.
          Sec. 8072. Of the funds appropriated in the Department of 
Defense Appropriations Act, 1996 (Public Law 104-61), under the heading 
``Other Procurement, Army'', the Department of the Army shall grant 
$477,000 to the Kansas Unified School District 207 for the purpose of 
integrating schools at Fort Leavenworth into the existing fiber optic 
network on post.
          Sec. 8073. None of the funds available in this Act may be 
used to reduce the authorized positions for military (civilian) 
technicians of the Army National Guard, the Air National Guard, Army 
Reserve and Air Force Reserve for the purpose of applying any 
administratively imposed civilian personnel ceiling, freeze, or 
reduction on military (civilian) technicians, unless such reductions 
are a direct result of a reduction in military force structure.
          Sec. 8074. None of the funds appropriated or otherwise made 
available in this Act may be obligated or expended for assistance to 
the Democratic People's Republic of North Korea unless specifically 
appropriated for that purpose.
          Sec. 8075. During the current fiscal year, funds appropriated 
in this Act are available to compensate members of the National Guard 
for duty performed pursuant to a plan submitted by a Governor of a 
State and approved by the Secretary of Defense under section 112 of 
title 32, United States Code: Provided, That during the performance of 
such duty, the members of the National Guard shall be under State 
command and control: Provided further, That such duty shall be treated 
as full-time National Guard duty for purposes of sections 12602 (a)(2) 
and (b)(2) of title 10, United States Code.
          Sec. 8076. Funds appropriated in this Act for operation and 
maintenance of the Military Departments, Unified and Specified Commands 
and Defense Agencies shall be available for reimbursement of pay, 
allowances and other expenses which would otherwise be incurred against 
appropriations for the National Guard and Reserve when members of the 
National Guard and Reserve provide intelligence support to Unified 
Commands, Defense Agencies and Joint Intelligence Activities, including 
the activities and programs included within the General Defense 
Intelligence Program and the Consolidated Cryptologic Program: 
Provided, That nothing in this section authorizes deviation from 
established Reserve and National Guard personnel and training 
procedures.
          Sec. 8077. During the current fiscal year, none of the funds 
appropriated in this Act may be used to reduce the civilian medical and 
medical support personnel assigned to military treatment facilities 
below the September 30, 1996 level: Provided, That the Service Surgeons 
General may waive this section by certifying to the congressional 
defense committees that the beneficiary population is declining in some 
catchment areas and civilian strength reductions may be consistent with 
responsible resource stewardship and capitation-based budgeting.
          Sec. 8078. All refunds or other amounts collected in the 
administration of the Civilian Health and Medical Program of the 
Uniformed Services (CHAMPUS) shall be credited to current year 
appropriations.

                     (including transfer of funds)

          Sec. 8079. None of the funds appropriated in this Act may be 
transferred to or obligated from the Pentagon Reservation Maintenance 
Revolving Fund, unless the Secretary of Defense certifies that the 
total cost for the planning, design, construction and installation of 
equipment for the renovation of the Pentagon Reservation will not 
exceed $1,118,000,000.
          Sec. 8080. (a) None of the funds available to the Department 
of Defense for any fiscal year for drug interdiction or counter-drug 
activities may be transferred to any other department or agency of the 
United States except as specifically provided in an appropriations law.
          (b) None of the funds available to the Central Intelligence 
Agency for any fiscal year for drug interdiction and counter-drug 
activities may be transferred to any other department or agency of the 
United States except as specifically provided in an appropriations law.

                          (transfer of funds)

          Sec. 8081. Appropriations available in this Act under the 
heading ``Operation and Maintenance, Defense-Wide'' for increasing 
energy and water efficiency in Federal buildings may, during their 
period of availability, be transferred to other appropriations or funds 
of the Department of Defense for projects related to increasing energy 
and water efficiency, to be merged with and to be available for the 
same general purposes, and for the same time period, as the 
appropriation or fund to which transferred.
          Sec. 8082. None of the funds appropriated by this Act may be 
used for the procurement of ball and roller bearings other than those 
produced by a domestic source and of domestic origin: Provided, That 
the Secretary of the military department responsible for such 
procurement may waive this restriction on a case-by-case basis by 
certifying in writing to the Committees on Appropriations of the House 
of Representatives and the Senate, that adequate domestic supplies are 
not available to meet Department of Defense requirements on a timely 
basis and that such an acquisition must be made in order to acquire 
capability for national security purposes.
          Sec. 8083. Notwithstanding any other provision of law, funds 
available to the Department of Defense shall be made available to 
provide transportation of medical supplies and equipment, on a 
nonreimbursable basis, to American Samoa: Provided, That 
notwithstanding any other provision of law, funds available to the 
Department of Defense shall be made available to provide transportation 
of medical supplies and equipment, on a nonreimbursable basis, to the 
Indian Health Service when it is in conjunction with a civil-military 
project.
          Sec. 8084. None of the funds in this Act may be used to 
purchase any supercomputer which is not manufactured in the United 
States, unless the Secretary of Defense certifies to the congressional 
defense committees that such an acquisition must be made in order to 
acquire capability for national security purposes that is not available 
from United States manufacturers.
          Sec. 8085. Notwithstanding any other provision of law, the 
Naval shipyards of the United States shall be eligible to participate 
in any manufacturing extension program financed by funds appropriated 
in this or any other Act.
          Sec. 8086. None of the funds appropriated by this Act shall 
be available to lease or charter a vessel in excess of seventeen months 
(inclusive of any option periods) to transport fuel or oil for the 
Department of Defense if the vessel was constructed after October 1, 
1995 unless the Secretary of Defense requires that the vessel be 
constructed in the United States with a double hull under the long-term 
lease or charter authority provided in section 2401 note of title 10, 
United States Code: Provided, That this limitation shall not apply to 
contracts in force on the date of enactment of this Act: Provided 
further, That by 1997 at least 20 percent of annual leases and charters 
must be for ships of double hull design constructed after October 1, 
1995 if available in numbers sufficient to satisfy this requirement: 
Provided further, That the Military Sealift Command shall plan to 
achieve the goal of eliminating single hull ship leases by the year 
2015.

                          (transfer of funds)

          Sec. 8087. In addition to amounts appropriated or otherwise 
made available by this Act, $300,000,000 is hereby appropriated to the 
Department of Defense and shall be available only for transfer to the 
United States Coast Guard.
          Sec. 8088. Notwithstanding any other provision in this Act, 
the total amount appropriated in this Act is hereby reduced by 
$150,000,000 to reflect savings from reduced carryover of activities 
funded through the Defense Business Operations Fund, to be distributed 
as follows: ``Operation and Maintenance, Army'', $60,000,000; and 
``Operation and Maintenance, Navy'', $90,000,000.
          Sec. 8089. Notwithstanding any other provision of law, each 
contract awarded by the Department of Defense during the current fiscal 
year for construction or service performed in whole or in part in a 
State which is not contiguous with another State and has an 
unemployment rate in excess of the national average rate of 
unemployment as determined by the Secretary of Labor, shall include a 
provision requiring the contractor to employ, for the purpose of 
performing that portion of the contract in such State that is not 
contiguous with another State, individuals who are residents of such 
State and who, in the case of any craft or trade, possess or would be 
able to acquire promptly the necessary skills: Provided, That the 
Secretary of Defense may waive the requirements of this section, on a 
case-by-case basis, in the interest of national security.
          Sec. 8090. During the current fiscal year, the Army shall use 
the former George Air Force Base as the airhead for the National 
Training Center at Fort Irwin: Provided, That none of the funds in this 
Act shall be obligated or expended to transport Army personnel into 
Edwards Air Force Base for training rotations at the National Training 
Center.
          Sec. 8091. (a) The Secretary of Defense shall submit, on a 
quarterly basis, a report to the congressional defense committees, the 
Committee on International Relations of the House of Representatives 
and the Committee on Foreign Relations of the Senate setting forth all 
costs (including incremental costs) incurred by the Department of 
Defense during the preceding quarter in implementing or supporting 
resolutions of the United Nations Security Council, including any such 
resolution calling for international sanctions, international 
peacekeeping operations, and humanitarian missions undertaken by the 
Department of Defense. The quarterly report shall include an aggregate 
of all such Department of Defense costs by operation or mission.
          (b) The Secretary of Defense shall detail in the quarterly 
reports all efforts made to seek credit against past United Nations 
expenditures and all efforts made to seek compensation from the United 
Nations for costs incurred by the Department of Defense in implementing 
and supporting United Nations activities.
          Sec. 8092 (a) Limitation on Transfer of Defense Articles and 
Services.--Notwithstanding any other provision of law, none of the 
funds available to the Department of Defense for the current fiscal 
year may be obligated or expended to transfer to another nation or an 
international organization any defense articles or services (other than 
intelligence services) for use in the activities described in 
subsection (b) unless the congressional defense committees, the 
Committee on International Relations of the House of Representatives, 
and the Committee on Foreign Relations of the Senate are notified 15 
days in advance of such transfer.
          (b) Covered Activities.--(1) This section applies to--
            (A) any international peacekeeping or peace-enforcement 
        operation under the authority of chapter VI or chapter VII of 
        the United Nations Charter under the authority of a United 
        Nations Security Council resolution; and
            (B) any other international peacekeeping, peace-
        enforcement, or humanitarian assistance operation.
          (c) Required Notice.--A notice under subsection (a) shall 
include the following:
            (1) A description of the equipment, supplies, or services 
        to be transferred.
            (2) A statement of the value of the equipment, supplies, or 
        services to be transferred.
            (3) In the case of a proposed transfer of equipment or 
        supplies--
                    (A) a statement of whether the inventory 
                requirements of all elements of the Armed Forces 
                (including the reserve components) for the type of 
                equipment or supplies to be transferred have been met; 
                and
                    (B) a statement of whether the items proposed to be 
                transferred will have to be replaced and, if so, how 
                the President proposes to provide funds for such 
                replacement.
          Sec. 8093. To the extent authorized by subchapter VI of 
Chapter 148 of title 10, United States Code, the Secretary of Defense 
shall issue loan guarantees in support of U.S. defense exports not 
otherwise provided for: Provided, That the total contingent liability 
of the United States for guarantees issued under the authority of this 
section may not exceed $15,000,000,000: Provided further, That the 
exposure fees charged and collected by the Secretary for each 
guarantee, shall be paid by the country involved and shall not be 
financed as part of a loan guaranteed by the United States: Provided 
further, That the Secretary shall provide quarterly reports to the 
Committees on Appropriations, Armed Services and Foreign Relations of 
the Senate and the Committees on Appropriations, National Security and 
International Relations in the House of Representatives on the 
implementation of this program: Provided further, That amounts charged 
for administrative fees and deposited to the special account provided 
for under section 2540c(d) of title 10, shall be available for paying 
the costs of administrative expenses of the Department of Defense that 
are attributable to the loan guarantee program under subchapter VI of 
Chapter 148 of title 10.
          Sec. 8094. None of the funds available to the Department of 
Defense shall be obligated or expended to make a financial contribution 
to the United Nations for the cost of an United Nations peacekeeping 
activity (whether pursuant to assessment or a voluntary contribution) 
or for payment of any United States arrearage to the United Nations.
          Sec. 8095. None of the funds available to the Department of 
Defense under this Act shall be obligated or expended to pay a 
contractor under a contract with the Department of Defense for costs of 
any amount paid by the contractor to an employee when--
            (1) such costs are for a bonus or otherwise in excess of 
        the normal salary paid by the contractor to the employee; and
            (2) such bonus is part of restructuring costs associated 
        with a business combination.
          Sec. 8096. The amount otherwise provided by this Act for 
``Operation and Maintenance, Air Force'' is hereby reduced by 
$194,500,000, to reflect a reduction in the pass-through to the Air 
Force business areas of the Defense Business Operations Fund.
          Sec. 8097. (a) None of the funds appropriated or otherwise 
made available in this Act may be used to transport or provide for the 
transportation of chemical munitions or agents to the Johnston Atoll 
for the purpose of storing or demilitarizing such munitions or agents.
          (b) The prohibition in subsection (a) shall not apply to any 
obsolete World War II chemical munition or agent of the United States 
found in the World War II Pacific Theater of Operations.
          (c) The President may suspend the application of subsection 
(a) during a period of war in which the United States is a party.
          Sec. 8098. None of the funds provided in title II of this Act 
for ``Former Soviet Union Threat Reduction'' may be obligated or 
expended to finance housing for any individual who was a member of the 
military forces of the Soviet Union or for any individual who is or was 
a member of the military forces of the Russian Federation.
          Sec. 8099. During the current fiscal year, no more than 
$15,000,000 of appropriations made in this Act under the heading 
``Operation and Maintenance, Defense-Wide'' may be transferred to 
appropriations available for the pay of military personnel, to be 
merged with, and to be available for the same time period as the 
appropriations to which transferred, to be used in support of such 
personnel in connection with support and services for eligible 
organizations and activities outside the Department of Defense pursuant 
to section 2012 of title 10, United States Code.
          Sec. 8100. Beginning in fiscal year 1997 and thereafter, and 
notwithstanding any other provision of law, fixed and mobile 
telecommunications support shall be provided by the White House 
Communications Agency (WHCA) to the United States Secret Service 
(USSS), without reimbursement, in connection with the Secret Service's 
duties directly related to the protection of the President or the Vice 
President or other officer immediately next in order of succession to 
the office of the President at the White House Security Complex in the 
Washington, D.C. Metropolitan Area and Camp David, Maryland. For these 
purposes, the White House Security Complex includes the White House, 
the White House grounds, the Old Executive Office Building, the New 
Executive Office Building, the Blair House, the Treasury Building, and 
the Vice President's Residence at the Naval Observatory.
          Sec. 8101. None of the funds provided in this Act may be 
obligated or expended for the sale of zinc in the National Defense 
Stockpile if zinc commodity prices decline more than five percent below 
the London Metals Exchange market price reported on the date of 
enactment of this Act.
          Sec. 8102. For purposes of section 1553(b) of title 31, 
United States Code, any subdivision of appropriations made in this Act 
under the heading ``Shipbuilding and Conversion, Navy'' shall be 
considered to be for the same purpose as any subdivision under the 
heading ``Shipbuilding and Conversion, Navy'' appropriations in any 
prior year, and the one percent limitation shall apply to the total 
amount of the appropriation.
          Sec. 8103. During the current fiscal year, and 
notwithstanding 31 U.S.C. 1552(a), not more than $107,000,000 
appropriated under the heading ``Aircraft Procurement, Air Force'' in 
Public Law 101-511 and not more than $15,000,000 appropriated under the 
heading ``Aircraft Procurement, Air Force'' in Public Law 102-172 which 
were available and obligated for the B-2 Aircraft Program shall remain 
available for expenditure and for adjusting obligations for such 
Program until September 30, 2002.
          Sec. 8104. During the current fiscal year, in the case of an 
appropriation account of the Department of Defense for which the period 
of availability for obligation has expired or which has closed under 
the provisions of section 1552 of title 31, United States Code, and 
which has a negative unliquidated or unexpended balance, an obligation 
or an adjustment of an obligation may be charged to any current 
appropriation account for the same purpose as the expired or closed 
account if--
            (1) the obligation would have been properly chargeable 
        (except as to amount) to the expired or closed account before 
        the end of the period of availability or closing of that 
        account;
            (2) the obligation is not otherwise properly chargeable to 
        any current appropriation account of the Department of Defense; 
        and
            (3) in the case of an expired account, the obligation is 
        not chargeable to a current appropriation of the Department of 
        Defense under the provisions of section 1405(b)(8) of the 
        National Defense Authorization Act for Fiscal Year 1991, Public 
        Law 101-510, as amended (31 U.S.C. 1551 note): Provided, That 
        in the case of an expired account, if subsequent review or 
        investigation discloses that there was not in fact a negative 
        unliquidated or unexpended balance in the account, any charge 
        to a current account under the authority of this section shall 
        be reversed and recorded against the expired account: Provided 
        further, That the total amount charged to a current 
        appropriation under this section may not exceed an amount equal 
        to one percent of the total appropriation for that account.

                          (transfer of funds)

          Sec. 8105. Upon enactment of this Act, the Secretary of 
Defense shall make the following transfers of funds: Provided, That the 
amounts transferred shall be available for the same purposes as the 
appropriations to which transferred, and for the same time period as 
the appropriation from which transferred: Provided further, That the 
amounts shall be transferred between the following appropriations in 
the amount specified:
          From:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1985/1995'':
                    CG-47 cruiser program, $4,300,000;
                    For craft, outfitting, and post delivery, 
                $2,000,000;
          To:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1985/1995'':
                    DDG-51 destroyer program, $6,300,000;
          From:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1986/1996'':
                    LHD-1 amphibious assault ship program, $2,154,000;
          To:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1986/1996'':
                    For craft, outfitting and post delivery, 
                $2,154,000;
          From:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1987/1996'':
                    T-AO fleet oiler program, $1,095,000;
                    Oceanographic ship program, $735,000;
          To:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1987/1996'':
                    For craft, outfitting, and post delivery, 
                $1,830,000;
          From:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1989/2000'':
                    T-AO fleet oiler program, $6,571,000;
          To:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1989/2000'':
                    SSN-21 attack submarine program, $6,571,000;
          From:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1991/2001'':
                    DDG-51 destroyer program, $12,687,000;
          To:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1991/2001'':
                    LHD-1 amphibious assault ship program, $9,387,000;
                    MHC coastal mine hunter program, $3,300,000;
          From:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1992/1996'':
                    For escalation, $1,600,000;
          To:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1992/1996'':
                    MHC coastal mine hunter program, $1,600,000;
          From:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1993/1997'':
                  DDG-51 destroyer program, $5,000,000;
                  LSD-41 cargo variant ship program, $2,700,000;
                  For craft, outfitting, post delivery, and first 
                destination transportation, and inflation adjustment, 
                $1,577,000;
          To:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1993/1997'':
                    AOE combat support ship program, $9,277,000;
          From:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1995/1999'':
                    Carrier replacement program, $18,023,000;
          To:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1993/1997'':
                    MHC coastal mine hunter program, $6,700,000;
                    AOE combat support ship program, $11,323,000;
          From:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1994/1998'':
                    LHD-1 amphibious assault ship program, $4,100,000;
                    Mine warfare command and control ship, $1,000,000;
                    For craft, outfitting, post delivery, and first 
                destination transportation, $2,000,000;
          From:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1995/1999'':
                    Carrier replacement program, $9,477,000;
          From:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1996/2000'':
                    NSSN-1 (AP), $3,791,000;
                    DDG-51 destroyer program, $4,075,000;
                    CVN Refuelings, $5,212,000;
                    LHD-1 amphibious ship program, $16,800,000;
                    T-AGS-64 multi-purpose oceanographic survey ship, 
                $375,000;
                    For craft, outfitting, post delivery, conversions 
                and first destination transportation, $11,770,000;
          To:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1994/1998'':
                    DDG-51 destroyer program, $41,800,000; and
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1995/1999'':
                    For craft, outfitting, post delivery, conversions 
                and first destination transportation, $16,800,000.
          Sec. 8106. (a) The Secretary of Defense shall require not 
later than June 30, 1997, each disbursement by the Department of 
Defense in an amount in excess of $3,000,000 be matched to a particular 
obligation before the disbursement is made.
          (b) The Secretary shall ensure that a disbursement in excess 
of the threshold amount applicable under section (a) is not divided 
into multiple disbursements of less than that amount for the purpose of 
avoiding the applicability of such section to that disbursement.
          Sec. 8107. Notwithstanding any other provision of law, the 
Air Force shall not introduce any new supplier for the remaining 
production units for the AN/ALE-47 Countermeasures Dispenser System 
without conducting a full and open competition that will include, but 
not be limited to, small businesses.
          Sec. 8108. The Under Secretary of Defense (Comptroller) shall 
submit to the congressional defense committees a detailed report 
identifying, by amount and by separate budget activity, activity group, 
subactivity group, line item, program element, program, project, 
subproject, and activity, any activity for which the fiscal year 1998 
budget request was reduced because Congress appropriated funds above 
the President's budget request for that specific activity for fiscal 
year 1997.
          Sec. 8109. In applying section 9005 of the Department of 
Defense Appropriations Act, 1993, Public Law 102-396 (10 U.S.C. 2241 
note), during the current fiscal year and thereafter--
            (1) the term ``synthetic fabric and coated synthetic 
        fabric'' shall be deemed to include all textile fibers and 
        yarns that are for use in such fabrics; and
            (2) such section shall be treated, notwithstanding section 
        34 of Public Law 93-400 (41 U.S.C. 430), as being applicable to 
        contracts and subcontracts for the procurement of commercial 
        items that are articles or items, specialty metals, or tools 
        covered by that section 9005.
          Sec. 8110. Notwithstanding any other provision of law, 
including Section 2304(j) of title 10, United States Code, of the funds 
appropriated under the heading ``Aircraft Procurement, Navy'' in Public 
Law 104-61, $45,000,000 shall be made available only for acquisition of 
T-39N aircraft, associated ground-based training system (GBTS), service 
life extension related components and parts, associated equipment, and 
data that meet the Undergraduate Flight Officer (UNFO) training 
requirements by procurement of the T-39N aircraft currently being used 
by the Navy for UNFO training under a services contract.
          Sec. 8111. Tradeoff Study of Current and Future Deep-Strike 
Capabilities.--
            (1) The Secretary of Defense shall carry out the deep-
        strike tradeoff study announced by the President to study 
        tradeoffs between bombers, land and sea-based tactical 
        aircraft, and missiles capable of striking targets in an 
        enemy's rear area.
            (2) The Secretary of Defense shall establish an ad hoc 
        review committee under the auspices of the Defense Science 
        Board to establish the methodological approach to the tradeoff 
        study, to establish a broad range of stressing scenarios of 
        interest, and to review assumptions regarding the analysis to 
        be conducted.
            (3) The ad hoc review committee to be established under 
        paragraph (2) shall include among its members analysts who have 
        performed or participated in bomber tradeoff analysis, retired 
        military personnel with broad experience in recent conventional 
        warfare operations, and experts on the logistics of both 
        initial deployment and sustaining support. These members shall 
        be selected without regard for current service on the Defense 
        Science Board.
            (4) After submitting its recommendations for the conduct of 
        the deep-strike tradeoff study to the Secretary of Defense, the 
        ad hoc review committee shall continue to meet regularly to 
        review preliminary results of the analysis and to recommend 
        additional variations in assumptions that may be required to 
        illuminate particular force tradeoff issues.
          Sec. 8112. Notwithstanding 31 U.S.C. 1552(a), of the funds 
provided in Department of Defense Appropriations Acts, not more than 
the specified amounts of funds from the following accounts shall remain 
available for the payment of satellite on-orbit incentive fees until 
the fees are paid:
            ``Missile Procurement, Air Force, 1990/1992'', $17,800,000;
            ``Missile Procurement, Air Force, 1991/1993'', $19,330,000;
            ``Missile Procurement, Air Force, 1992/1994'', $23,570,000;
            ``Missile Procurement, Air Force, 1993/1995'', $16,780,000;
            ``Missile Procurement, Air Force, 1994/1996'', $16,780,000.
          Sec. 8113. Tactical Aircraft Requirement Study.--The 
Secretary of Defense and the Chairman of the Joint Chiefs of Staff 
shall carry out a joint study under the direct supervision of the Joint 
Requirements Oversight Council (JROC) assessing future tactical 
aircraft requirements across service jurisdictions. This study shall 
determine the best and most affordable mix of weapon systems to carry 
out different mission areas and shall include recommendations for 
changes to the planned numbers and types of tactical aircraft to be 
developed and procured over the next ten years if appropriate. Such 
report shall be submitted to the congressional defense committees no 
later than March 30, 1997.
          Sec. 8114. None of the funds available to the Department of 
the Navy may be used to enter into any contract for the overhaul, 
repair, or maintenance of any naval vessel homeported on the West Coast 
of the United States which includes charges for interport differential 
as an evaluation factor for award.
          Sec. 8115. (a) None of the funds available to the Department 
of Defense under this Act may be obligated or expended to reimburse a 
defense contractor for restructuring costs associated with a business 
combination of the defense contractor that occurs after the date of 
enactment of this Act unless:
            (1) the auditable savings for the Department of Defense 
        resulting from the restructuring will exceed the costs allowed 
        by a factor of at least two to one, or
            (2) the savings for the Department of Defense resulting 
        from the restructuring will exceed the costs allowed and the 
        Secretary of Defense determines that the business combination 
        will result in the preservation of a critical capability that 
        might otherwise be lost to the Department, and
            (3) the report required by Section 818(e) of Public Law 
        103-337 to be submitted to Congress in 1996 is submitted.
          (b) Not later than April 1, 1997, the Comptroller General 
shall, in consultation with the Inspector General of the Department of 
Defense, the Secretary of Defense, and the Secretary of Labor, submit 
to Congress a report which shall include the following:
            (1) an analysis and breakdown of the restructuring costs 
        paid by or submitted to the Department of Defense to companies 
        involved in business combinations since 1993;
            (2) an analysis of the specific costs associated with 
        workforce reductions;
            (3) an analysis of the services provided to the workers 
        affected by business combinations;
            (4) an analysis of the effectiveness of the restructuring 
        costs used to assist laid off workers in gaining employment;
            (5) in accordance with section 818 of Public Law 103-337, 
        an analysis of the savings reached from the business 
        combination relative to the restructuring costs paid by the 
        Department of Defense.
          (c) The report should set forth recommendations to make this 
program more effective for workers affected by business combinations 
and more efficient in terms of the use of Federal dollars.
          Sec. 8116. Notwithstanding any other provision of law, none 
of the funds appropriated in this Act may be used to purchase, install, 
replace, or otherwise repair any lock on a safe or security container 
which protects information critical to national security or any other 
classified materials and which has not been certified as passing the 
security lock specifications contained in regulation FF-L-2740 dated 
October 12, 1989, and has not passed all testing criteria and 
procedures established through February 28, 1992: Provided, That the 
Director of Central Intelligence may waive this provision, on a case-
by-case basis only, upon certification that the above cited locks are 
not adequate for the protection of sensitive intelligence information.
          Sec. 8117. Section 8110 of Public Law 104-61 (109 Stat. 674) 
is hereby repealed.
          Sec. 8118. The Secretary of Defense, in conjunction with the 
Secretary of Labor, shall take such steps as required to ensure that 
those Department of Defense contractors and other entities subject to 
section 4212(d) of title 38, United States Code are aware of, and in 
compliance with, the requirements of that section regarding submission 
of an annual report to the Secretary of Labor concerning employment of 
certain veterans: Provided, That the Secretary of Defense shall ensure 
that those Department of Defense contractors and other entities subject 
to section 4212(d) of title 38, United States Code which have contracts 
with the Department of Defense are notified of the potential penalties 
associated with failure to comply with these annual reporting 
requirements (including potential suspension or debarment from federal 
contracting): Provided further, That within 180 days of enactment of 
this Act the Secretary of Labor and the Secretary of Defense shall 
submit a report to Congress which--
            (1) using the most recent reporting data, details the 
        number of reports received from Department of Defense 
        contractors and the estimated number of Department of Defense 
        contractors which are not in compliance with these annual 
        reporting requirements;
            (2) describes the steps taken by the Departments of Labor 
        and Defense in order to ensure compliance with section 4212(d) 
        of title 38, United States Code;
            (3) describes any additional measures taken or planned to 
        be taken by the Departments of Labor and Defense to improve 
        compliance with section 4212(d) of title 38, United States Code 
        pursuant to this section; and
            (4) any further recommendations regarding additional action 
        (including changes in existing law) which may be necessary to 
        improve compliance with section 4212(d) of title 38, United 
        States Code.
          Sec. 8119. Funds appropriated in title II of this Act for 
supervision and administration costs for facilities maintenance and 
repair, minor construction, or design projects may be obligated at the 
time the reimbursable order is accepted by the performing activity: 
Provided, That for the purpose of this section, supervision and 
administration costs includes all in-house Government cost.
          Sec. 8120. (a) Limitation on Advance Billing.--During fiscal 
year 1997, advance billing for services provided or work performed by 
the Defense Business Operations Fund activities of the Department of 
the Navy in excess of $1,000,000,000 is prohibited.
          (b) Revised Rates; Additional Surcharges.--In conjunction 
with the Under Secretary of Defense (Comptroller), the Secretary of the 
Navy shall develop a plan to revise fiscal year 1997 customer rates or 
establish additional surcharges so as to increase revenues to the 
Defense Business Operations Fund by at least an additional $500,000,000 
in executing orders accepted during fiscal year 1997.
          (c) Transfer Authority.--To the extent necessary to comply 
with any rate increase or new surcharge on rates in fiscal year 1997 
established under subsection (b), the Secretary of the Navy shall 
transfer at least $500,000,000, from funds made available under 
subsection (d), into customer accounts of the Navy used to reimburse 
the Defense Business Operations Fund so as to provide customers with 
sufficient resources to pay the increased customer rates and additional 
surcharges. The transfer authority provided by this subsection is in 
addition to other transfer authority provided in this Act. The funds 
transferred shall be merged with and available for the same purposes, 
and for the same time period, as the appropriation to which 
transferred.
          (d) Source of Funds.--To provide funds for transfer under 
subsection (c), the amounts appropriated elsewhere in this Act for the 
following appropriation accounts are reduced by 2.0 percent: Aircraft 
Procurement, Navy; Weapons Procurement, Navy; Procurement of 
Ammunition, Navy and Marine Corps; Shipbuilding and Conversion, Navy; 
Other Procurement, Navy; and Research, Development, Test and 
Evaluation, Navy. These reductions shall be applied on a pro-rata basis 
to each line item, program element, program, project, subproject, and 
activity within each appropriation account.
          Sec. 8121. The Secretary of Defense may waive reimbursement 
of the cost of conferences, seminars, courses of instruction, or 
similar educational activities of the Asia-Pacific Center for Security 
Studies for military officers and civilian officials of foreign nations 
if the Secretary determines that attendance by such personnel, without 
reimbursement, is in the national security interest of the United 
States: Provided, That costs for which reimbursement is waived pursuant 
to this subsection shall be paid from appropriations available for the 
Asia-Pacific Center.
          Sec. 8122. (a) Of the amounts appropriated or otherwise made 
available by this Act for the Department of the Air Force, $2,000,000 
shall be available only for a facility at Lackland Air Force Base, 
Texas to provide comprehensive care and rehabilitation services to 
children with disabilities who are dependents of members of the Armed 
Forces.
          (b) Subject to subsection (c), the Secretary of the Air Force 
shall grant the funds made available under subsection (a) to the 
Children's Association for Maximum Potential (CAMP) for use by the 
association to defray the costs of designing and constructing the 
facility referred to in subsection (a).
          (c)(1) The Secretary may not make a grant of funds under 
subsection (b) until the Secretary and the association enter into an 
agreement under which the Secretary leases to the association the 
facility to be constructed using the funds.
          (2) The term of the lease under subsection (c)(1) may not be 
less than 25 years.
          (3) The Secretary may require such additional terms and 
conditions in connection with the lease as the Secretary considers 
appropriate to protect the interests of the United States.
          Sec. 8123. None of the funds appropriated by this Act may be 
obligated or expended--
            (1) to reduce the number of units of special operations 
        forces of the Army National Guard during fiscal year 1997;
            (2) to reduce the authorized strength of any such unit 
        below the strength authorized for the unit as of September 30, 
        1996; or
            (3) to apply any administratively imposed limitation on the 
        assigned strength of any such unit at less than the strength 
        authorized for that unit as of September 30, 1996.
          Sec. 8124. (a) The Secretary of the Army shall ensure that 
solicitations for contracts for unrestricted procurement to be entered 
into using funds appropriated for the Army by this Act include, where 
appropriate, specific goals for subcontracts with small businesses, 
small disadvantaged businesses, and women owned small businesses.
          (b) The Secretary shall ensure that any subcontract entered 
into pursuant to a solicitation referred to in subsection (a) that 
meets a specific goal referred to in that subsection is credited toward 
the overall goal of the Army for subcontracts with the businesses 
referred to in that subsection.
          Sec. 8125. (a) The Secretary of the Air Force and the 
Director of the Office of Personnel Management shall submit a joint 
report describing in detail the benefits, allowances, services, and any 
other forms of assistance which may or shall be provided to any 
civilian employee of the Federal Government or to any private citizen, 
or to the family of such an individual, who is injured or killed while 
traveling on an aircraft owned, leased, chartered, or operated by the 
Government of the United States.
          (b) The report required by subsection (a) above shall be 
submitted to the congressional defense committees and to the Committee 
on Governmental Affairs of the Senate and the Committee on Government 
Reform and Oversight of the House of Representatives not later than 
December 15, 1996.
          Sec. 8126. (a) Not later than March 1, 1997, the Deputy 
Secretary of Defense shall submit to the congressional defense 
committees a report on Department of Defense procurements of propellant 
raw materials.
          (b) The report shall include the following:
            (1) The projected future requirements of the Department of 
        Defense for propellant raw materials, such as nitrocellulose.
            (2) The capacity, ability, and production cost rates of the 
        national technology and industrial base, including Government-
        owned, contractor-operated facilities, contractor-owned and 
        operated facilities, and Government-owned, Government-operated 
        facilities, for meeting such requirements.
            (3) The national security benefits of preserving in the 
        national technology and industrial base contractor-owned and 
        operated facilities for producing propellant raw materials, 
        including nitrocellulose.
            (4) The extent to which the cost rates for production of 
        nitrocellulose in Government-owned, contractor-operated 
        facilities is lower because of the relationship of those 
        facilities with the Department of Defense than such rates would 
        be without that relationship.
            (5) The advantages and disadvantages of permitting 
        commercial facilities to compete for award of Department of 
        Defense contracts for procurement of propellant raw materials, 
        such as nitrocellulose.
          Sec. 8127. Not later than six months after the date of the 
enactment of this Act, the Secretary of the Air Force shall submit to 
Congress a cost-benefit analysis of consolidating the ground station 
infrastructure of the Air Force that supports polar orbiting 
satellites.

                     (including transfer of funds)

          Sec. 8128. In addition to the amounts appropriated elsewhere 
in this Act, $100,000,000 is appropriated for defense against weapons 
of mass destruction: Provided, That the funds appropriated under this 
section may be transferred to and merged with funds appropriated 
elsewhere in this Act and that this transfer authority shall be in 
addition to any other transfer authority provided under this Act: 
Provided further, That of the funds made available by this section, 
$10,000,000 shall be transferred to and merged with funds appropriated 
in this Act for ``Procurement, Marine Corps'' and shall be available 
only for the procurement of equipment that enhances the capability of 
the Chemical-Biological Incident Response Force to respond to incidents 
of terrorism.
          Sec. 8129. The Secretary of Defense, in consultation with the 
Secretary of Health and Human Services and the Director of the Office 
of Personnel Management, shall submit a report to the congressional 
defense committees by February 1, 1997 containing recommendations 
regarding the establishment of a demonstration program under which 
covered beneficiaries under chapter 55 of title 10, United States Code, 
who are entitled to benefits under part A of the medicare program and 
who do not have access to TRICARE, would be permitted to enroll in a 
health benefits program offered through the Federal Employees Health 
Benefits Program under chapter 89 of title 5, United States Code.
          Sec. 8130. (a) Section 203 of H.R. 3230, the National Defense 
Authorization Act for Fiscal Year 1997, as passed by the Senate on 
September 10, 1996, is hereby amended by repealing section 203(a), 
section 203(c), and section 203(e).
          (b) The amendments made by subsection (a) shall take effect 
as of the date of the enactment of the National Defense Authorization 
Act for Fiscal Year 1997 as if section 203 of such Act had been enacted 
as so amended.
          Sec. 8131. (a) Section 722(c) of the National Defense 
Authorization Act for Fiscal Year 1997 is amended--
            (1) by striking out paragraph (2);
            (2) by striking out ``(1)''; and
            (3) by redesignating subparagraphs (A) and (B) as 
        paragraphs (1) and (2), respectively.
          (b) The amendments made by subsection (a) shall take effect 
as of the date of the enactment of the National Defense Authorization 
Act for Fiscal Year 1997 as if section 722 of such Act had been enacted 
as so amended.
          Sec. 8132. The Secretary of Defense shall complete a cost/
benefit analysis on the establishment of a National Missile Defense 
Joint Program Office: Provided, That the Secretary of Defense shall 
submit a report on this analysis to the congressional defense 
committees no later than March 31, 1997: Provided further, That the 
Department of Defense shall take no action to establish any National 
Missile Defense Joint Program Office, to reassign service National 
Missile Defense roles and missions under any National Missile Defense 
Joint Program Office strategy or to relocate people under such a 
strategy prior to March 31, 1997.
          Sec. 8133. (a) Notwithstanding any other provision of law, 
the Chief of the National Guard Bureau may permit the use of equipment 
of the National Guard Distance Learning Project by any person or entity 
on a space-available, reimbursable basis. The Chief of the National 
Guard Bureau shall establish the amount of reimbursement for such use 
on a case-by-case basis.
          (b) Amounts collected under subsection (a) shall be credited 
to funds available for the National Guard Distance Learning Project and 
be available to defray the costs associated with the use of equipment 
of the project under that subsection. Such funds shall be available for 
such purposes without fiscal year limitation.
          Sec. 8134. Using funds available by this Act or any other 
Act, the Secretary of the Air Force, pursuant to a determination under 
section 2690 of title 10, United States Code, may implement cost-
effective agreements for required heating facility modernization in the 
Kaiserslautern Military Community in the Federal Republic of Germany: 
Provided, That in the City of Kaiserslautern such agreements will 
include the use of United States anthracite as the base load energy for 
municipal district heat to the United States Defense installations: 
Provided further, That at Landstuhl Army Regional Medical Center and 
Ramstein Air Base, furnished heat may be obtained from private, 
regional or municipal services, if provisions are included for the 
consideration of United States coal as an energy source.
          Sec. 8135. (a) Section 2867 of the National Defense 
Authorization Act for Fiscal Year 1997 is amended--
            (1) by striking out ``Michael O'Callaghan Military 
        Hospital'' both places it appears in the text of such section 
        and inserting in lieu thereof ``Mike O'Callaghan Federal 
        Hospital''; and
            (2) in the section heading, by striking out ``MICHAEL 
        O'CALLAGHAN MILITARY HOSPITAL'' and inserting in lieu thereof 
        ``MIKE O'CALLAGHAN FEDERAL HOSPITAL''.
          (b) The amendments made by subsection (a) shall take effect 
as of the date of the enactment of the National Defense Authorization 
Act for Fiscal Year 1997 and shall apply as if such amendments had been 
included insection 2867 of such Act when enacted.
          Sec. 8136. (a) In addition to any other reductions required 
by this Act, the following funds are hereby reduced from the following 
accounts in title IV of this Act in the specified amounts:
            ``Research, Development, Test and Evaluation, Army'', 
        $101,257,000;
            ``Research, Development, Test and Evaluation, Navy'', 
        $164,179,000;
            ``Research, Development, Test and Evaluation, Air Force'', 
        $289,992,000;
            ``Research, Development, Test and Evaluation, Defense-
        Wide'', $119,483,000; and
            ``Developmental Test and Evaluation, Defense'', $5,641,000.
          (b) The reductions taken pursuant to subsection (a) shall be 
applied on a pro-rata basis by subproject within each R-1 program 
element as modified by this Act, except that no reduction may be taken 
against the funds made available to the Department of Defense for 
Ballistic Missile Defense.
          (c) Unless expressly exempted by subsection (b), each program 
element, program, project, subproject, and activity funded by title IV 
of this Act shall be allocated a pro-rata share of any of the 
reductions made by this section.
          (d) Not later than 60 days after enactment of this Act, the 
Secretary of Defense shall submit to the congressional defense 
committees a report listing the specific funding reductions allocated 
to each category listed in subsection (c) above pursuant to this 
section.
          Sec. 8137. In addition to amounts appropriated or otherwise 
made available in this Act, $230,680,000 is hereby appropriated to the 
Department of Defense for anti-terrorism, counter-terrorism, and 
security enhancement programs and activities, as follows:
            ``Operation and Maintenance, Army'', $15,249,000;
            ``Operation and Maintenance, Navy'', $23,956,000;
            ``Operation and Maintenance, Marine Corps'', $600,000;
            ``Operation and Maintenance, Air Force'', $10,750,000;
            ``Operation and Maintenance, Defense-Wide'', $29,534,000;
            ``Operation and Maintenance, Navy Reserve'', $517,000;
            ``Other Procurement, Army'', $5,252,000;
            ``Other Procurement, Air Force'', $101,472,000;
            ``Procurement, Defense-Wide'', $35,350,000;
            ``Research, Development, Test and Evaluation, Defense-
        Wide'', $8,000,000:
Provided, That such amounts in their entirety are designated by 
Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further, That funds appropriated in 
this section, or made available by transfer of such funds, for programs 
and activities of the Central Intelligence Agency shall remain 
available until September 30, 1997: Provided further, That funds 
appropriated in this section, or made available by transfer of such 
funds, to any intelligence agency or activity of the United States 
Government shall be deemed to be specifically authorized by the 
Congress for purposes of section 504 of the National Security Act of 
1947 (50 U.S.C. 414).
          Sec. 8138. Of the amounts provided in Titles I though VIII of 
this Act, $230,680,000 are permanently canceled: Provided, That the 
Secretary of Defense shall allocate the amount of budgetary resources 
canceled by this section on a pro-rata basis among each budget 
activity, activity group and subactivity group and each program, 
project or activity within each appropriations account.
          Titles I through VIII of this Act may be cited as the 
``Department of Defense Appropriations Act, 1997''.

TITLE IX--FISCAL YEAR 1996 SUPPLEMENTAL APPROPRIATIONS AND RESCISSIONS 
    FOR ANTI-TERRORISM, COUNTER-TERRORISM, AND SECURITY ENHANCEMENT 
                               ACTIVITIES

          The following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, to provide emergency supplemental 
appropriations for the Department of Defense for the fiscal year ending 
September 30, 1996, namely:

                    DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

          For an additional amount for ``Military Personnel, Army'', 
$4,800,000: Provided, That such amount is designated by Congress as an 
emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                     Military Personnel, Air Force

          For an additional amount for ``Military Personnel, Air 
Force'', $4,000,000: Provided, That such amount is designated by 
Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

          For an additional amount for ``Operation and Maintenance, 
Army'', $21,200,000, to remain available until September 30, 1997: 
Provided, That such amount is designated by Congress as an emergency 
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended.

                  Operation and Maintenance, Air Force

          For an additional amount for ``Operation and Maintenance, Air 
Force'', $67,400,000, to remain available until September 30, 1997: 
Provided, That such amount is designated by Congress as an emergency 
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended: Provided 
further, That these funds may be used to liquidate obligations incurred 
by the Air Force during fiscal year 1996 for costs incurred under the 
authority of the Feed and Forage Act (41 U.S.C. 11).

                              PROCUREMENT

                        Other Procurement, Army

          For an additional amount for ``Other Procurement, Army'', 
$11,600,000, to remain available until September 30, 1998: Provided, 
That such amount is designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended.

                      Other Procurement, Air Force

          For an additional amount for ``Other Procurement, Air 
Force'', $13,600,000, to remain available until September 30, 1998: 
Provided, That such amount is designated by Congress as an emergency 
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended.

                           GENERAL PROVISIONS

                             (rescissions)

          Sec. 9001. Of the funds provided in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded, as of 
the date of enactment of this Act, from the following accounts in the 
specified amounts:
          ``Procurement of Ammunition, Army, 1994/1996'', $1,000,000;
          ``Other Procurement, Army, 1994/1996'', $6,000,000;
          ``Research, Development, Test and Evaluation, Army, 1995/
        1996'', $2,055,000;
          ``Aircraft Procurement, Navy, 1994/1996'', $10,157,000;
          ``Weapons Procurement, Navy, 1994/1996'', $10,688,000;
          ``Other Procurement, Navy, 1994/1996'', $4,000,000;
          ``Research, Development, Test and Evaluation, Navy, 1995/
        1996'', $6,909,000;
          ``Aircraft Procurement, Air Force, 1994/1996'', $18,771,000;
          ``Missile Procurement, Air Force, 1994/1996'', $10,156,000;
          ``Other Procurement, Air Force, 1994/1996'', $14,395,000;
          ``Research, Development, Test and Evaluation, Air Force, 
        1995/1996'', $4,918,000;
          ``Procurement, Defense-Wide, 1994/1996'', $9,954,000;
          ``Research, Development, Test and Evaluation, Defense-Wide, 
        1995/1996'', $23,597,000.
          Sec. 9002. Funds appropriated by this title, or made 
available by transfer of such funds, for programs and activities of the 
Central Intelligence Agency shall remain available until September 30, 
1997: Provided, That funds appropriated by this title, or made 
available by transfer of such funds, to any intelligence agency or 
intelligence activity of the United States Government shall be deemed 
to be specifically authorized by the Congress for purposes of section 
504 of the National Security Act of 1947 (50 U.S.C. 414).
          (c) For programs, projects or activities in the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1997, provided as follows, to be effective as if it had been enacted 
into law as the regular appropriations Act:

                                 AN ACT

          Making appropriations for the foreign operations, export 
financing, and related programs for the fiscal year ending September 
30, 1997, and for other purposes.

               TITLE I--EXPORT AND INVESTMENT ASSISTANCE

                export-import bank of the united states

          The Export-Import Bank of the United States is authorized to 
make such expenditures within the limits of funds and borrowing 
authority available to such corporation, and in accordance with law, 
and to make such contracts and commitments without regard to fiscal 
year limitations, as provided by section 104 of the Government 
Corporation Control Act, as may be necessary in carrying out the 
program for the current fiscal year for such corporation: Provided,That 
none of the funds available during the current fiscal year may be used 
to make expenditures, contracts, or commitments for the export of 
nuclear equipment, fuel, or technology to any country other than a 
nuclear-weapon State as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or 
military assistance under this Act that has detonated a nuclear 
explosive after the date of enactment of this Act.

                         subsidy appropriation

          For the cost of direct loans, loan guarantees, insurance, and 
tied-aid grants as authorized by section 10 of the Export-Import Bank 
Act of 1945, as amended, $726,000,000 to remain available until 
September 30, 1998: Provided, That such costs, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974: Provided further, That such sums 
shall remain available until 2012 for the disbursement of direct loans, 
loan guarantees, insurance and tied-aid grants obligated in fiscal 
years 1997 and 1998: Provided further, That up to $50,000,000 of funds 
appropriated by this paragraph shall remain available until expended 
and may be used for tied-aid grant purposes: Provided further, That 
none of the funds appropriated by this paragraph may be used for tied-
aid credits or grants except through the regular notification 
procedures of the Committees on Appropriations: Provided further, That 
funds appropriated by this paragraph are made available notwithstanding 
section 2(b)(2) of the Export-Import Bank Act of 1945, in connection 
with the purchase or lease of any product by any East European country, 
any Baltic State, or any agency or national thereof.

                        administrative expenses

          For administrative expenses to carry out the direct and 
guaranteed loan and insurance programs (to be computed on an accrual 
basis), including hire of passenger motor vehicles and services as 
authorized by 5 U.S.C. 3109, and not to exceed $20,000 for official 
reception and representation expenses for members of the Board of 
Directors, $46,614,000: Provided, That necessary expenses (including 
special services performed on a contract or fee basis, but not 
including other personal services) in connection with the collection of 
moneys owed the Export-Import Bank, repossession or sale of pledged 
collateral or other assets acquired by the Export-Import Bank in 
satisfaction of moneys owed the Export-Import Bank, or the 
investigation or appraisal of any property, or the evaluation of the 
legal or technical aspects of any transaction for which an application 
for a loan, guarantee or insurance commitment has been made, shall be 
considered nonadministrative expenses for the purposes of this heading: 
Provided further, That, effective July 21, 1997, notwithstanding any 
other provision of law, none of the funds made available by this or any 
other Act may be made available to compensate the incumbent Chairman 
and President of the Export-Import Bank: Provided further, That, 
notwithstanding subsection (b) of section 117 of the Export Enhancement 
Act of 1992, subsection (a) thereof shall remain in effect until 
October 1, 1997.

                overseas private investment corporation
                           noncredit account

          The Overseas Private Investment Corporation is authorized to 
make, without regard to fiscal year limitations, as provided by 31 
U.S.C. 9104, such expenditures and commitments within the limits of 
funds available to it and in accordance with law as may be necessary: 
Provided, That the amount available for administrative expenses to 
carry out the credit and insurance programs (including an amount for 
official reception and representation expenses which shall not exceed 
$35,000) shall not exceed $32,000,000: Provided further, That project-
specific transaction costs, including direct and indirect costs 
incurred in claims settlements, and other direct costs associated with 
services provided to specific investors or potential investors pursuant 
to section 234 of the Foreign Assistance Act of 1961, shall not be 
considered administrative expenses for the purposes of this heading.

                            program account

          For the cost of direct and guaranteed loans, $72,000,000, as 
authorized by section 234 of the Foreign Assistance Act of 1961: 
Provided, That such costs, including the cost of modifying such loans, 
shall be as defined in section 502 of the Congressional Budget Act of 
1974: Provided further, That such sums shall be available for direct 
loan obligations and loan guaranty commitments incurred or made during 
fiscal years 1997 and 1998: Provided further, That such sums shall 
remain available through fiscal year 2005 for the disbursement of 
direct and guaranteed loans obligated in fiscal year 1997, and through 
fiscal year 2006 for the disbursement of direct and guaranteed loans 
obligated in fiscal year 1998: Provided further, That section 235(a)(3) 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2195(a)(3)) is amended 
by striking out ``1996'' and inserting in lieu thereof ``1997'' and, 
notwithstanding section 235(a)(1) of the Foreign Assistance Act of 1961 
(22 U.S.C. 2195(a)(1)), the maximum contingent liability of issuing 
authority for insurance and financing shall not in the aggregate exceed 
the amounts provided in section 235(a)(1) and (2) of that Act. In 
addition, such sums as may be necessary for administrative expenses to 
carry out the credit program may be derived from amounts available for 
administrative expenses to carry out the credit and insurance programs 
in the Overseas Private Investment Corporation Noncredit Account and 
merged with said account.

                  Funds Appropriated to the President

                      trade and development agency

          For necessary expenses to carry out the provisions of section 
661 of the Foreign Assistance Act of 1961, $40,000,000: Provided, That 
the Trade and Development Agency may receive reimbursements from 
corporations and other entities for the costs of grants for feasibility 
studies and other project planning services, to be deposited as an 
offsetting collection to this account and to be available for 
obligation until September 30, 1998, for necessary expenses under this 
paragraph: Provided further, That such reimbursements shall not cover, 
or be allocated against, direct or indirect administrative costs of the 
agency.

                TITLE II--BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

          For expenses necessary to enable the President to carry out 
the provisions of the Foreign Assistance Act of 1961, and for other 
purposes, to remain available until September 30, 1997, unless 
otherwise specified herein, as follows:

                  agency for international development
                child survival and disease programs fund

          For necessary expenses to carry out the provisions of part I 
and chapter 4 of part II of the Foreign Assistance Act of 1961, for 
child survival, basic education, assistance to combat tropical and 
other diseases, and related activities, in addition to funds otherwise 
available for such purposes, $600,000,000, to remain available until 
expended: Provided, That this amount shall be made available for such 
activities as (1) immunization programs, (2) oral rehydration programs, 
(3) health and nutrition programs, and related education programs, 
which address the needs of mothers and children, (4) water and 
sanitation programs, (5) assistance for displaced and orphaned 
children, (6) programs for the prevention, treatment, and control of, 
and research on, tuberculosis, HIV/AIDS, polio, malaria and other 
diseases, (7) not to exceed $98,000,000 for basic education programs 
for children, and (8) a contribution on a grant basis to the United 
Nations Children's Fund (UNICEF) pursuant to section 301 of the Foreign 
Assistance Act of 1961.

                         development assistance

                     (including transfer of funds)

          For necessary expenses to carry out the provisions of 
sections 103 through 106 and chapter 10 of part I of the Foreign 
Assistance Act of 1961, title V of the International Security and 
Development Cooperation Act of 1980 (Public Law 96-533) and the 
provisions of section 401 of the Foreign Assistance Act of 1969, 
$1,181,500,000, to remain available until September 30, 1998: Provided, 
That of the amount appropriated under this heading, up to $20,000,000 
may be made available for the Inter-American Foundation and shall be 
apportioned directly to that Agency: Provided further, That of the 
amount appropriated under this heading, up to $11,500,000 may be made 
available for the African Development Foundation and shall be 
apportioned directly to that agency: Provided further, That of the 
funds appropriated under title II of this Act that are administered by 
the Agency for International Development and made available for family 
planning assistance, not less than 65 percent shall be made available 
directly to the agency's central Office of Population and shall be 
programmed by that office for family planning activities: Provided 
further, That of the funds appropriated under this heading and under 
the heading ``Child Survival and Disease Programs Fund'' that are made 
available by the Agency for International Development for development 
assistance activities, the amount made available to carry out chapter 
10 of part I of the Foreign Assistance Act of 1961 (relating to the 
Development Fund for Africa) and the amount made available for 
activities in the Latin America and Caribbean region should be in at 
least the same proportion as the amount identified in the fiscal year 
1997 draft congressional presentation document for development 
assistance for each such region is to the total amount requested for 
development assistance for such fiscal year: Provided further, That 
funds appropriated under this heading may be made available, 
notwithstanding any other provision of law except section 515 of this 
Act, to assist Vietnam to reform its trade regime (such as through 
reform of its commercial and investment legal codes): Provided further, 
That none of the funds made available in this Act nor any unobligated 
balances from prior appropriations may be made available to any 
organization or program which, as determined by the President of the 
United States, supports or participates in the management of a program 
of coercive abortion or involuntary sterilization: Provided further, 
That none of the funds made available under this heading may be used to 
pay for the performance of abortion as a method of family planning or 
to motivate or coerce any person to practice abortions; and that in 
order to reduce reliance on abortion in developing nations, funds shall 
be available only to voluntary family planning projects which offer, 
either directly or through referral to, or information about access to, 
a broad range of family planning methods and services: Provided 
further, That in awarding grants for natural family planning under 
section 104 of the Foreign Assistance Act of 1961 no applicant shall be 
discriminated against because of such applicant's religious or 
conscientious commitment to offer only natural family planning; and, 
additionally, all such applicants shall comply with the requirements of 
the previous proviso: Provided further, That for purposes of this or 
any other Act authorizing or appropriating funds for foreign 
operations, export financing, and related programs, the term 
``motivate'', as it relates to family planning assistance, shall not be 
construed to prohibit the provision, consistent with local law, of 
information or counseling about all pregnancy options: Provided 
further, That nothing in this paragraph shall be construed to alter any 
existing statutory prohibitions against abortion under section 104 of 
the Foreign Assistance Act of 1961: Provided further, That, 
notwithstanding section 109 of the Foreign Assistance Act of 1961, of 
the funds appropriated under this heading in this Act, and of the 
unobligated balances of funds previously appropriated under this 
heading, up to $17,500,000 may be transferred to ``International 
Organizations and Programs'' for a contribution to the International 
Fund for Agricultural Development (IFAD), and that any such transfer of 
funds shall be subject to the regular notification procedures of the 
Committees on Appropriations: Provided further, That of the funds 
appropriated under this heading that are made available for assistance 
programs for displaced and orphaned children and victims of war, not to 
exceed $25,000, in addition to funds otherwise available for such 
purposes, may be used to monitor and provide oversight of such 
programs: Provided further, That not less than $500,000 of the funds 
made available under this heading shall be available only for support 
of the United States Telecommunications Training Institute.

                                 cyprus

          Of the funds appropriated under the headings ``Development 
Assistance'' and ``Economic Support Fund'', not less than $15,000,000 
shall be made available for Cyprus to be used only for scholarships, 
administrative support of the scholarship program, bicommunal projects, 
and measures aimed at reunification of the island and designed to 
reduce tensions and promote peace and cooperation between the two 
communities on Cyprus.

                                 burma

          Of the funds appropriated by this Act to carry out the 
provisions of chapter 4 of part II of the Foreign Assistance Act of 
1961, not less than $2,500,000 shall be made available to support 
activities in Burma, along the Burma-Thailand border, and for 
activities of Burmese student groups and other organizations located 
outside Burma, for the purposes of fostering democracy in Burma, 
supporting the provision of medical supplies and other humanitarian 
assistance to Burmese located in Burma or displaced Burmese along the 
borders, and for other purposes: Provided, That of this amount, not 
less than $200,000 shall be made available to support newspapers, 
publications, and other media activities promoting democracy inside 
Burma: Provided further, That funds made available under this heading 
may be made available notwithstanding any other provision of law: 
Provided further, That provision of such funds shall be made available 
subject to the regular notification procedures of the Committees on 
Appropriations.

                  private and voluntary organizations

          None of the funds appropriated or otherwise made available by 
this Act for development assistance may be made available to any United 
States private and voluntary organization, except any cooperative 
development organization, which obtains less than 20 per centum of its 
total annual funding for international activities from sources other 
than the United States Government: Provided, That the requirements of 
the provisions of section 123(g) of the Foreign Assistance Act of 1961 
and the provisions on private and voluntary organizations in title II 
of the ``Foreign Assistance and Related Programs Appropriations Act, 
1985'' (as enacted in Public Law 98-473) shall be superseded by the 
provisions of this section, except that the authority contained in the 
last sentence of section 123(g) may be exercised by the Administrator 
with regard to the requirements of this paragraph.
          Funds appropriated or otherwise made available under title II 
of this Act should be made available to private and voluntary 
organizations at a level which is equivalent to the level provided in 
fiscal year 1995. Such private and voluntary organizations shall 
include those which operate on a not-for-profit basis, receive 
contributions from private sources, receive voluntary support from the 
public and are deemed to be among the most cost-effective and 
successful providers of development assistance.

                   international disaster assistance

          For necessary expenses for international disaster relief, 
rehabilitation, and reconstruction assistance pursuant to section 491 
of the Foreign Assistance Act of 1961, as amended, $190,000,000, to 
remain available until expended.

                           debt restructuring

          For the cost, as defined in section 502 of the Congressional 
Budget Act of 1974, of modifying direct loans and loan guarantees, as 
the President may determine, for which funds have been appropriated or 
otherwise made available for programs within the International Affairs 
Budget Function 150, including the cost of selling, reducing, or 
canceling amounts, through debt buybacks and swaps, owed to the United 
States as a result of concessional loans made to eligible Latin 
American and Caribbean countries, pursuant to part IV of the Foreign 
Assistance Act of 1961, and of modifying concessional loans authorized 
under title I of the Agricultural Trade Development and Assistance Act 
of 1954, as amended, as authorized under subsection (a) under the 
heading ``Debt Reduction for Jordan'' in title VI of Public Law 103-
306; $27,000,000, to remain available until expended: Provided, That 
none of the funds appropriated under this heading shall be obligated 
except as provided through the regular notification procedures of the 
Committees on Appropriations.

         micro and small enterprise development program account

          For the cost of direct loans and loan guarantees, $1,500,000, 
as authorized by section 108 of the Foreign Assistance Act of 1961, as 
amended: Provided, That such costs shall be as defined in section 502 
of the Congressional Budget Act of 1974: Provided further, That 
guarantees of loans made under this heading in support of 
microenterprise activities may guarantee up to 70 percent of the 
principal amount of any such loans notwithstanding section 108 of the 
Foreign Assistance Act of 1961. In addition, for administrative 
expenses to carry out programs under this heading, $500,000, all of 
which may be transferred to and merged with the appropriation for 
Operating Expenses of the Agency for International Development: 
Provided further, That funds made available under this heading shall 
remain available until September 30, 1998.

                    housing guaranty program account

          For the cost, as defined in section 502 of the Congressional 
Budget Act of 1974, of guaranteed loans authorized by sections 221 and 
222 of the Foreign Assistance Act of 1961, $3,500,000, to remain 
available until September 30, 1998: Provided, That these funds are 
available to subsidize loan principal, 100 percent of which shall be 
guaranteed, pursuant to the authority of such sections. In addition, 
for administrative expenses to carry out guaranteed loan programs, 
$6,000,000, all of which may be transferred to and merged with the 
appropriation for Operating Expenses of the Agency for International 
Development: Provided further, That commitments to guarantee loans 
under this heading may be entered into notwithstanding the second and 
third sentences of section 222(a) and, with regard to programs for 
Central and Eastern Europe and programs for the benefit of South 
Africans disadvantaged by apartheid, section 223(j) of the Foreign 
Assistance Act of 1961.

     payment to the foreign service retirement and disability fund

          For payment to the ``Foreign Service Retirement and 
Disability Fund'', as authorized by the Foreign Service Act of 1980, 
$43,826,000.

     operating expenses of the agency for international development

          For necessary expenses to carry out the provisions of section 
667, $470,750,000: Provided, That none of the funds appropriated by 
this Act for programs administered by the Agency for International 
Development may be used to finance printing costs of any report or 
study (except feasibility, design, or evaluation reports or studies) in 
excess of $25,000 without the approval of the Administrator of the 
Agency or the Administrator's designee.

 operating expenses of the agency for international development office 
                          of inspector general

          For necessary expenses to carry out the provisions of section 
667, $30,000,000, to remain available until September 30, 1998, which 
sum shall be available for the Office of the Inspector General of the 
Agency for International Development.

                  Other Bilateral Economic Assistance

                         economic support fund

          For necessary expenses to carry out the provisions of chapter 
4 of part II, $2,343,000,000, to remain available until September 30, 
1998: Provided, That of the funds appropriated under this heading, not 
less than $1,200,000,000 shall be available only for Israel, which sum 
shall be available on a grant basis as a cash transfer and shall be 
disbursed within thirty days of enactment of this Act or by October 31, 
1996, whichever is later: Provided further, That not less than 
$815,000,000 shall be available only for Egypt, which sum shall be 
provided on a grant basis, and of which sum cash transfer assistance 
may be provided, with the understanding that Egypt will undertake 
significant economic reforms which are additional to those which were 
undertaken in previous fiscal years, and of which not less than 
$200,000,000 shall be provided as Commodity Import Program assistance: 
Provided further, That in exercising the authority to provide cash 
transfer assistance for Israel and Egypt, the President shall ensure 
that the level of such assistance does not cause an adverse impact on 
the total level of nonmilitary exports from the United States to each 
such country: Provided further, That it is the sense of the Congress 
that the recommended levels of assistance for Egypt and Israel are 
based in great measure upon their continued participation in the Camp 
David Accords and upon the Egyptian-Israeli peace treaty: Provided 
further, That none of the funds appropriated under this heading shall 
be made available for Zaire.

                     international fund for ireland

          For necessary expenses to carry out the provisions of chapter 
4 of part II of the Foreign Assistance Act of 1961, $19,600,000, which 
shall be available for the United States contribution to the 
International Fund for Ireland and shall be made available in 
accordance with the provisions of the Anglo-Irish Agreement Support Act 
of 1986 (Public Law 99-415): Provided, That such amount shall be 
expended at the minimum rate necessary to make timely payment for 
projects and activities: Provided further, That funds made available 
under this heading shall remain available until September 30, 1998.

          assistance for eastern europe and the baltic states

          (a) For necessary expenses to carry out the provisions of the 
Foreign Assistance Act of 1961 and the Support for East European 
Democracy (SEED) Act of 1989, $475,000,000, to remain available until 
September 30, 1998, which shall be available, notwithstanding any other 
provision of law, for economic assistance and for related programs for 
Eastern Europe and the Baltic States.
          (b) Funds appropriated under this heading or in prior 
appropriations Acts that are or have been made available for an 
Enterprise Fund may be deposited by such Fund in interest-bearing 
accounts prior to the Fund's disbursement of such funds for program 
purposes. The Fund may retain for such program purposes any interest 
earned on such deposits without returning such interest to the Treasury 
of the United States and without further appropriation by the Congress. 
Funds made available for Enterprise Funds shall be expended at the 
minimum rate necessary to make timely payment for projects and 
activities.
          (c) Funds appropriated under this heading shall be considered 
to be economic assistance under the Foreign Assistance Act of 1961 for 
purposes of making available the administrative authorities contained 
in that Act for the use of economic assistance.
          (d) None of the funds appropriated under this heading may be 
made available for new housing construction or repair or reconstruction 
of existing housing in Bosnia and Herzegovina unless directly related 
to the efforts of United States troops to promote peace in said 
country.
          (e) With regard to funds appropriated or otherwise made 
available under this heading for the economic revitalization program in 
Bosnia and Herzegovina, and local currencies generated by such funds 
(including the conversion of funds appropriated under this heading into 
currency used by Bosnia and Herzegovina as local currency and local 
currency returned or repaid under such program)--
            (1) the Administrator of the Agency for International 
        Development shall provide written approval for grants and loans 
        prior to the obligation and expenditure of funds for such 
        purposes, and prior to the use of funds that have been returned 
        or repaid to any lending facility or grantee; and
            (2) the provisions of section 531 of this Act shall apply.
          (f) With regard to funds appropriated under this heading that 
are made available for economic revitalization programs in Bosnia and 
Herzegovina, 50 percent of such funds shall not be available for 
obligation unless the President determines and certifies to the 
Committees on Appropriations that the Federation of Bosnia and 
Herzegovina has complied with article III of annex 1-A of the General 
Framework Agreement for Peace in Bosnia and Herzegovina concerning the 
withdrawal of foreign forces, and that intelligence cooperation on 
training, investigations, and related activities between Iranian 
officials and Bosnian officials has been terminated.

  assistance for the new independent states of the former soviet union

          (a) For necessary expenses to carry out the provisions of 
chapter 11 of part I of the Foreign Assistance Act of 1961 and the 
FREEDOM Support Act, for assistance for the new independent states of 
the former Soviet Union and for related programs, $625,000,000, to 
remain available until September 30, 1998: Provided, That the 
provisions of such chapter shall apply to funds appropriated by this 
paragraph.
          (b) None of the funds appropriated under this heading shall 
be transferred to the Government of Russia--
            (1) unless that Government is making progress in 
        implementing comprehensive economic reforms based on market 
        principles, private ownership, negotiating repayment of 
        commercial debt, respect for commercial contracts, and 
        equitable treatment of foreign private investment; and
            (2) if that Government applies or transfers United States 
        assistance to any entity for the purpose of expropriating or 
        seizing ownership or control of assets, investments, or 
        ventures.
          (c) Funds may be furnished without regard to subsection (b) 
if the President determines that to do so is in the national interest.
          (d) None of the funds appropriated under this heading shall 
be made available to any government of the new independent states of 
the former Soviet Union if that government directs any action in 
violation of the territorial integrity or national sovereignty of any 
other new independent state, such as those violations included in the 
Helsinki Final Act: Provided, That such funds may be made available 
without regard to the restriction in this subsection if the President 
determines that to do so is in the national security interest of the 
United States: Provided further, That the restriction of this 
subsection shall not apply to the use of such funds for the provision 
of assistance for purposes of humanitarian, disaster and refugee 
relief.
          (e) None of the funds appropriated under this heading for the 
new independent states of the former Soviet Union shall be made 
available for any state to enhance its military capability: Provided, 
That this restriction does not apply to demilitarization or 
nonproliferation programs.
          (f) Funds appropriated under this heading shall be subject to 
the regular notification procedures of the Committees on 
Appropriations.
          (g) Funds made available in this Act for assistance to the 
new independent states of the former Soviet Union shall be subject to 
the provisions of section 117 (relating to environment and natural 
resources) of the Foreign Assistance Act of 1961.
          (h)(1) Of the funds appropriated under title II of this Act, 
including funds appropriated under this heading, not less than 
$10,000,000 shall be available only for assistance for Mongolia, of 
which amount not less than $6,000,000 shall be available only for the 
Mongolian energy sector.
          (2) Funds made available for assistance for Mongolia may be 
made available in accordance with the purposes and utilizing the 
authorities provided in chapter 11 of part I of the Foreign Assistance 
Act of 1961.
          (i) Funds made available in this Act for assistance to the 
New Independent States of the former Soviet Union shall be provided to 
the maximum extent feasible through the private sector, including 
small- and medium-size businesses, entrepreneurs, and others with 
indigenous private enterprises in the region, intermediary development 
organizations committed to private enterprise, and private voluntary 
organizations: Provided, That grantees and contractors should, to the 
maximum extent possible, place in key staff positions specialists with 
prior on the ground expertise in the region of activity and fluency in 
one of the local languages.
          (j) In issuing new task orders, entering into contracts, or 
making grants, with funds appropriated under this heading or in prior 
appropriations Acts, for projects or activities that have as one of 
their primary purposes the fostering of private sector development, the 
Coordinator for United States Assistance to the New Independent States 
and the implementing agency shall encourage the participation of and 
give significant weight to contractors and grantees who propose 
investing a significant amount of their own resources (including 
volunteer services and in-kind contributions) in such projects and 
activities.
          (k) Of the funds made available under this heading, not less 
than $225,000,000 shall be made available for Ukraine, of which funds 
not less than $25,000,000 shall be made available to carry out United 
States decommissioning obligations regarding the Chornobyl plant made 
in the Memorandum of Understanding between the Government of Ukraine 
and the G-7 Group: Provided, That not less than $35,000,000 shall be 
made available for agricultural projects, including those undertaken 
through the Food Systems Restructuring Program, which leverage private 
sector resources with United States Government assistance: Provided 
further, That $5,000,000 shall be available for a small business 
incubator project: Provided further, That $5,000,000 shall be made 
available for screening and treatment of childhood mental and physical 
illnesses related to Chornobyl radiation: Provided further, That 
$5,000,000 shall be available only for a land and resource management 
institute to identify nuclear contamination at Chornobyl: Provided 
further, That $15,000,000 shall be available for the legal 
restructuring necessary to support a decentralized market-oriented 
economic system, including enactment of necessary substantive 
commercial law, implementation of reforms necessary to establish an 
independent judiciary and bar, legal education for judges, attorneys, 
and law students, and education of the public designed to promote 
understanding of a law-based economy.
          (l) Of the funds made available for Ukraine, under this Act 
and Public Law 104-107, not less than $50,000,000 shall be made 
available to improve safety at nuclear reactors: Provided, That of this 
amount $20,000,000 shall be provided for the purchase and installation 
of, and training for, safety parameter display or control systems at 
all operational nuclear reactors: Provided further, That of this 
amount, $20,000,000 shall be made available for the purchase, 
construction, installation and training for Full Scope and Analytical/
Engineering simulators: Provided further, That of this amount funds 
shall be made available to conduct Safety Analysis Reports at all 
operational nuclear reactors.
          (m) Of the funds made available by this Act, not less than 
$95,000,000 shall be made available for Armenia.
          (n) Funds appropriated under this heading or in prior 
appropriations Acts that are or have been made available for an 
Enterprise Fund may be deposited by such Fund in interest-bearing 
accounts prior to the disbursement of such funds by the Fund for 
program purposes. The Fund may retain for such program proposes any 
interest earned on such deposits without returning such interest to the 
Treasury of the United States and without further appropriation by the 
Congress. Funds made available for Enterprise Funds shall be expended 
at the minimum rate necessary to make timely payment for projects and 
activities.
          (o)(1) None of the funds appropriated under this heading may 
be made available for Russia unless the President determines and 
certifies in writing to the Committees on Appropriations that the 
Government of Russia has terminated implementation of arrangements to 
provide Iran with technical expertise, training, technology, or 
equipment necessary to develop a nuclear reactor or related nuclear 
research facilities or programs.
          (2) Paragraph (1) shall not apply if the President determines 
that making such funds available is important to the national security 
interest of the United States. Any such determination shall cease to be 
effective six months after being made unless the President determines 
that its continuation is important to the national security interest of 
the United States.
          (p) Of the funds made available under this heading, not less 
than $10,000,000 shall be made available for a United States 
contribution to the Trans-Caucasus Enterprise Fund: Provided, That to 
further the development of the private sector in the Trans-Caucasus, 
such amount and amounts appropriated for purposes of subsection (t) 
under the heading ``Assistance for the New Independent States of the 
Former Soviet Union'' in Public Law 104-107 may be invested in a Trans-
Caucasus Enterprise Fund or, notwithstanding the provisions of such 
subsection, invested in other funds established by public or private 
organizations, or transferred to the Overseas Private Investment 
Corporation to be available, subject to the requirements of the Federal 
Credit Reform Act, to subsidize the costs of direct and guaranteed 
loans.
          (q)(1) Funds appropriated under this heading may not be made 
available for the Government of Ukraine if the President determines and 
reports to the Committees on Appropriations that the Government of 
Ukraine is engaged in military cooperation with the Government of 
Libya.
          (2) Paragraph (1) shall not apply if the President determines 
that making such funds available is important to the national security 
interest of the United States. Any such determination shall cease to be 
effective six months after being made unless the President determines 
that its continuation is important to the national security interest of 
the United States.
          (r) Of the funds appropriated under this heading, not less 
than $15,000,000 should be available only for a family planning program 
for the New Independent States of the former Soviet Union comparable to 
the family planning program currently administered by the Agency for 
International Development in the Central Asian Republics and focusing 
on population assistance which provides an alternative to abortion.
          (s) Funds made available under this Act or any other Act 
(other than assistance under title V of the FREEDOM Support Act and 
section 1424 of the ``National Defense Authorization Act for Fiscal 
Year 1997'') may not be provided for assistance to the Government of 
Azerbaijan until the President determines, and so reports to the 
Congress, that the Government of Azerbaijan is taking demonstrable 
steps to cease all blockades and other offensive uses of force against 
Armenia and Nagorno-Karabakh.
          (t) Of the funds appropriated under this heading, not less 
than $2,500,000 shall be made available for the American-Russian 
Center.

                           Independent Agency

                              peace corps

          For expenses necessary to carry out the provisions of the 
Peace Corps Act (75 Stat. 612), $208,000,000, including the purchase of 
not to exceed five passenger motor vehicles for administrative purposes 
for use outside of the United States: Provided, That none of the funds 
appropriated under this heading shall be used to pay for abortions: 
Provided further, That funds appropriated under this heading shall 
remain available until September 30, 1998.

                          Department of State

                    international narcotics control

          For necessary expenses to carry out section 481 of the 
Foreign Assistance Act of 1961, $213,000,000: Provided, That during 
fiscal year 1997, the Department of State may also use the authority of 
section 608 of the Foreign Assistance Act of 1961, without regard to 
its restrictions, to receive non-lethal excess property from an agency 
of the United States Government for the purpose of providing it to a 
foreign country under chapter 8 of part I of that Act subject to the 
regular notification procedures of the Committees on Appropriations: 
Provided further, That none of the funds made available under this 
heading may be provided to any unit of the security forces of a foreign 
country if the Secretary of State has credible evidence to believe such 
unit has committed gross violations of human rights unless the 
Secretary determines and reports to the Committees on Appropriations 
that the government of such country is taking steps to bring the 
responsible members of the security forces unit to justice.

                    migration and refugee assistance

          For expenses, not otherwise provided for, necessary to enable 
the Secretary of State to provide, as authorized by law, a contribution 
to the International Committee of the Red Cross, assistance to 
refugees, including contributions to the International Organization for 
Migration and the United Nations High Commissioner for Refugees, and 
other activities to meet refugee and migration needs; salaries and 
expenses of personnel and dependents as authorized by the Foreign 
Service Act of 1980; allowances as authorized by sections 5921 through 
5925 of title 5, United States Code; purchase and hire of passenger 
motor vehicles; and services as authorized by section 3109 of title 5, 
United States Code, $650,000,000: Provided, That not more than 
$12,000,000 shall be available for administrative expenses: Provided 
further, That not less than $80,000,000 shall be made available for 
refugees from the former Soviet Union and Eastern Europe and other 
refugees resettling in Israel.

                    refugee resettlement assistance

          For necessary expenses for the targeted assistance program 
authorized by title IV of the Immigration and Nationality Act and 
section 501 of the Refugee Education Assistance Act of 1980 and 
administered by the Office of Refugee Resettlement of the Department of 
Health and Human Services, in addition to amounts otherwise available 
for such purposes, $5,000,000.

     united states emergency refugee and migration assistance fund

          For necessary expenses to carry out the provisions of section 
2(c) of the Migration and Refugee Assistance Act of 1962, as amended 
(22 U.S.C. 260(c)), $50,000,000, to remain available until expended: 
Provided, That the funds made available under this heading are 
appropriated notwithstanding the provisions contained in section 
2(c)(2) of the Migration and Refugee Assistance Act of 1962 which would 
limit the amount of funds which could be appropriated for this purpose.

    nonproliferation, anti-terrorism, demining and related programs

          For necessary expenses for nonproliferation, anti-terrorism 
and related programs and activities, $133,000,000, to carry out the 
provisions of chapter 8 of part II of the Foreign Assistance Act of 
1961 for anti-terrorism assistance, section 504 of the FREEDOM Support 
Act for the Nonproliferation and Disarmament Fund, section 23 of the 
Arms Export Control Act for demining activities, notwithstanding any 
other provision of law, including activities implemented through 
nongovernmental and international organizations, section 301 of the 
Foreign Assistance Act of 1961 for a voluntary contribution to the 
International Atomic Energy Agency (IAEA) and a voluntary contribution 
to the Korean Peninsula Energy Development Organization (KEDO), and for 
the acquisition and provision of goods and services, or for grants to 
Israel necessary to support the eradication of terrorism in and around 
Israel: Provided, That of this amount not to exceed $15,000,000, to 
remain available until expended, may be made available for the 
Nonproliferation and Disarmament Fund, notwithstanding any other 
provision of law, to promote bilateral and multilateral activities 
relating to nonproliferation and disarmament: Provided further, That 
such funds may also be used for such countries other than the new 
independent states of the former Soviet Union and international 
organizations when it is in the national security interest of the 
United States to do so: Provided further, That such funds shall be 
subject to the regular notification procedures of the Committees on 
Appropriations: Provided further, That funds appropriated under this 
heading may be made available for the International Atomic Energy 
Agency only if the Secretary of State determines (and so reports to the 
Congress) that Israel is not being denied its right to participate in 
the activities of that Agency: Provided further, That not to exceed 
$25,000,000 may be made available to the Korean Peninsula Energy 
Development Organization (KEDO) only for the administrative expenses 
and heavy fuel oil costs associated with the Agreed Framework: Provided 
further, That such funds may be obligated to KEDO only if, prior to 
such obligation of funds, the President certifies and so reports to 
Congress that (1)(A) the United States is taking steps to assure that 
progress is made on the implementation of the January 1, 1992, Joint 
Declaration on the Denuclearization of the Korean Peninsula and the 
implementation of the North-South dialogue, and (B) North Korea is 
complying with the other provisions of the Agreed Framework between 
North Korea and the United States and with the Confidential Minute; (2) 
North Korea is cooperating fully in the canning and safe storage of all 
spent fuel from its graphite-moderated nuclear reactors and that such 
canning and safe storage is scheduled to be completed by the end of 
fiscal year 1997; and (3) North Korea has not significantly diverted 
assistance provided by the United States for purposes for which it was 
not intended: Provided further, That the President may waive the 
certification requirements of the preceding proviso if the President 
determines that it is vital to the national security interests of the 
United States: Provided further, That no funds may be obligated for 
KEDO until 30 calendar days after submission to Congress of the waiver 
permitted under the preceding proviso: Provided further, That before 
obligating any funds for KEDO, the President shall report to Congress 
on (1) the cooperation of North Korea in the process of returning to 
the United States the remains of United States military personnel who 
are listed as missing in action as a result of the Korean conflict 
(including conducting joint field activities with the United States); 
(2) violations of the military armistice agreement of 1953; (3) the 
actions which the United States is taking to assure that North Korea is 
consistently taking steps to implement the Joint Declaration on 
Denuclearization of the Korean Peninsula and engage in North-South 
dialogue; and (4) all instances of non-compliance with the Agreed 
Framework between North Korea and the United States and the 
Confidential Minute, including diversion of heavy fuel oil: Provided 
further, That the obligation of such funds shall be subject to the 
regular notification procedures of the Committees on Appropriations: 
Provided further, That the Secretary of State shall submit to the 
appropriate congressional committees an annual report (to be submitted 
with the annual presentation for appropriations) providing a full and 
detailed accounting of the fiscal year request for the United States 
contribution to KEDO, the expected operating budget of the Korean 
Peninsula Energy Development Organization, to include proposed annual 
costs associated with heavy fuel oil purchases and other related 
activities, and the amount of funds pledged by other donor nations and 
organizations to support KEDO activities on a per country basis.

                     TITLE III--MILITARY ASSISTANCE

                  Funds Appropriated to the President

             international military education and training

          For necessary expenses to carry out the provisions of section 
541 of the Foreign Assistance Act of 1961, $43,475,000: Provided, That 
none of the funds appropriated under this heading shall be available 
for Zaire and Guatemala: Provided further, That funds appropriated 
under this heading for grant financed military education and training 
for Indonesia may only be available for expanded international military 
education and training.

                   foreign military financing program

          For expenses necessary for grants to enable the President to 
carry out the provisions of section 23 of the Arms Export Control Act, 
$3,164,000,000: Provided, That of the funds appropriated by this 
paragraph not less than $1,800,000,000 shall be available for grants 
only for Israel, and not less than $1,300,000,000 shall be available 
for grants only for Egypt: Provided further, That the funds 
appropriated by this paragraph for Israel shall be disbursed within 
thirty days of enactment of this Act or by October 31, 1996, whichever 
is later: Provided further, That to the extent that the Government of 
Israel requests that funds be used for such purposes, grants made 
available for Israel by this paragraph shall, as agreed by Israel and 
the United States, be available for advanced weapons systems, of which 
not less than $475,000,000 shall be available for the procurement in 
Israel of defense articles and defense services, including research and 
development: Provided further, That of the funds made available under 
this paragraph, $30,000,000 shall be available for assistance on a 
grant basis for Poland, Hungary, and the Czech Republic to carry out 
title II of Public Law 103-477 and section 585 of Public Law 104-107: 
Provided further, That funds made available under this paragraph shall 
be nonrepayable notwithstanding any requirement in section 23 of the 
Arms Export Control Act: Provided further, That, for the purpose only 
of providing support for NATO expansion and the Warsaw Initiative 
Program, of the funds appropriated by this Act under the headings 
``Assistance for Eastern Europe and the Baltic States'' and 
``Assistance for the New Independent States of the Former Soviet 
Union'', up to a total of $7,000,000 may be transferred, 
notwithstanding any other provision of law, to the funds appropriated 
under this paragraph: Provided further, That none of the funds made 
available under this heading shall be available for any non-NATO 
country participating in the Partnership for Peace Program except 
through the regular notification procedures of the Committees on 
Appropriations.
          For the cost, as defined in section 502 of the Congressional 
Budget Act of 1974, of direct loans authorized by section 23 of the 
Arms Export Control Act as follows: cost of direct loans, $60,000,000: 
Provided, That these funds are available to subsidize gross obligations 
for the principal amount of direct loans of not to exceed $540,000,000: 
Provided further, That the rate of interest charged on such loans shall 
be not less than the current average market yield on outstanding 
marketable obligations of the United States of comparable maturities: 
Provided further, That of the funds appropriated under this paragraph 
$20,000,000 shall be made available to Poland, Hungary, and the Czech 
Republic: Provided further, That funds appropriated under this heading 
shall be made available for Greece and Turkey only on a loan basis, and 
the principal amount of direct loans for each country shall not exceed 
the following: $122,500,000 only for Greece and $175,000,000 only for 
Turkey.
          None of the funds made available under this heading shall be 
available to finance the procurement of defense articles, defense 
services, or design and construction services that are not sold by the 
United States Government under the Arms Export Control Act unless the 
foreign country proposing to make such procurements has first signed an 
agreement with the United States Government specifying the conditions 
under which such procurements may be financed with such funds: 
Provided, That all country and funding level increases in allocations 
shall be submitted through the regular notification procedures of 
section 515 of this Act: Provided further, That funds made available 
under this heading shall be obligated upon apportionment in accordance 
with paragraph (5)(C) of title 31, United States Code, section 1501(a): 
Provided further, That none of the funds appropriated under this 
heading shall be available for Zaire, Sudan, Liberia, and Guatemala: 
Provided further, That funds made available under this heading may be 
used, notwithstanding any other provision of law, for activities 
related to the clearance of landmines and unexploded ordnance, and may 
include activities implemented through nongovernmental and 
international organizations: Provided further, That only those 
countries for which assistance was justified for the ``Foreign Military 
Sales Financing Program'' in the fiscal year 1989 congressional 
presentation for security assistance programs may utilize funds made 
available under this heading for procurement of defense articles, 
defense services or design and construction services that are not sold 
by the United States Government under the Arms Export Control Act: 
Provided further, That, subject to the regular notification procedures 
of the Committees on Appropriations, funds made available under this 
heading for the cost of direct loans may also be used to supplement the 
funds available under this heading for grants, and funds made available 
under this heading for grants may also be used to supplement the funds 
available under this heading for the cost of direct loans: Provided 
further, That funds appropriated under this heading shall be expended 
at the minimum rate necessary to make timely payment for defense 
articles and services: Provided further, That not more than $23,250,000 
of the funds appropriated under this heading may be obligated for 
necessary expenses, including the purchase of passenger motor vehicles 
for replacement only for use outside of the United States, for the 
general costs of administering military assistance and sales: Provided 
further, That not more than $355,000,000 of funds realized pursuant to 
section 21(e)(1)(A) of the Arms Export Control Act may be obligated for 
expenses incurred by the Department of Defense during fiscal year 1997 
pursuant to section 43(b) of the Arms Export Control Act, except that 
this limitation may be exceeded only through the regular notification 
procedures of the Committees on Appropriations.

               TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE

                  funds appropriated to the president

                  international financial institutions

     contribution to the international bank for reconstruction and 
                              development

          For payment to the International Bank for Reconstruction and 
Development by the Secretary of the Treasury, for the United States 
contribution to the Global Environment Facility (GEF), $35,000,000, to 
remain available until September 30, 1998.

       contribution to the international development association

          For payment to the International Development Association by 
the Secretary of the Treasury, $700,000,000, for the United States 
contribution to the tenth replenishment, to remain available until 
expended: Provided, That none of the funds may be obligated before 
March 1, 1997: Provided further, That not less than twenty days before 
such funds are obligated, the Secretary of the Treasury shall submit a 
report to the Committees on Appropriations on his efforts to reach 
agreement with the other IDA-11 donors, including at the February 1997 
IDA-11 donors review meeting, that the procurement restrictions in the 
Interim Trust Fund will be lifted.

         contribution to the international finance corporation

          For payment to the International Finance Corporation by the 
Secretary of the Treasury, $6,656,000, for the United States share of 
the increase in subscriptions to capital stock, to remain available 
until expended.

          contribution to the inter-american development bank

          For payment to the Inter-American Development Bank by the 
Secretary of the Treasury, for the United States share of the paid-in 
share portion of the increase in capital stock, $25,610,667, and for 
the United States share of the increase in the resources of the Fund 
for Special Operations, $10,000,000, to remain available until 
expended.

              limitation on callable capital subscriptions

          The United States Governor of the Inter-American Development 
Bank may subscribe without fiscal year limitation to the callable 
capital portion of the United States share of such capital stock in an 
amount not to exceed $1,503,718,910.

contribution to the enterprise for the americas multilateral investment 
                                  fund

          For payment to the Enterprise for the Americas Multilateral 
Investment Fund by the Secretary of the Treasury, for the United States 
contribution to the Fund to be administered by the Inter-American 
Development Bank, $27,500,000 to remain available until expended.

               contribution to the asian development bank

          For payment to the Asian Development Bank by the Secretary of 
the Treasury for the United States share of the paid-in portion of the 
increase in capital stock, $13,221,596, to remain available until 
expended.

              limitation on callable capital subscriptions

          The United States Governor of the Asian Development Bank may 
subscribe without fiscal year limitation to the callable capital 
portion of the United States share of such capital stock in an amount 
not to exceed $647,858,204.

               contribution to the asian development fund

          For the United States contribution by the Secretary of the 
Treasury to the increases in resources of the Asian Development Fund, 
as authorized by the Asian Development Bank Act, as amended (Public Law 
89-369), $100,000,000, to remain available until expended.

  contribution to the european bank for reconstruction and development

          For payment to the European Bank for Reconstruction and 
Development by the Secretary of the Treasury, $11,916,447, for the 
United States share of the paid-in share portion of the initial capital 
subscription, to remain available until expended.

              limitation on callable capital subscriptions

          The United States Governor of the European Bank for 
Reconstruction and Development may subscribe without fiscal year 
limitation to the callable capital portion of the United States share 
of such capital stock in an amount not to exceed $27,805,043.

                    North American Development Bank

          For payment to the North American Development Bank by the 
Secretary of the Treasury, for the United States share of the paid-in 
portion of the capital stock, $56,000,000, to remain available until 
expended.

              limitation on callable capital subscriptions

          The United States Governor of the North American Development 
Bank may subscribe without fiscal year limitation to the callable 
capital portion of the United States share of the capital stock of the 
North American Development Bank in an account not to exceed 
$318,750,000.

                international organizations and programs

          For necessary expenses to carry out the provisions of section 
301 of the Foreign Assistance Act of 1961, and of section 2 of the 
United Nations Environment Program Participation Act of 1973, 
$169,950,000: Provided, That none of the funds appropriated under this 
heading shall be made available for the United Nations Fund for Science 
and Technology: Provided further, That none of the funds appropriated 
under this heading that are made available to the United Nations 
Population Fund (UNFPA) shall be made available for activities in the 
People's Republic of China: Provided further, That not more than 
$25,000,000 of the funds appropriated under this heading may be made 
available to the UNFPA: Provided further, That not more than one-half 
of this amount may be provided to UNFPA before March 1, 1997, and that 
no later than February 15, 1997, the Secretary of State shall submit a 
report to the Committees on Appropriations indicating the amount UNFPA 
is budgeting for the People's Republic of China in 1997: Provided 
further, That any amount UNFPA plans to spend in the People's Republic 
of China in 1997 shall be deducted from the amount of funds provided to 
UNFPA after March 1, 1997, pursuant to the previous provisos: Provided 
further, That with respect to any funds appropriated under this heading 
that are made available to UNFPA, UNFPA shall be required to maintain 
such funds in a separate account and not commingle them with any other 
funds: Provided further, That none of the funds appropriated under this 
heading may be made available to the Korean Peninsula Energy 
Development Organization (KEDO) or the International Atomic Energy 
Agency (IAEA).

                      TITLE V--GENERAL PROVISIONS

             obligations during last month of availability

          Sec. 501. Except for the appropriations entitled 
``International Disaster Assistance'', and ``United States Emergency 
Refugee and Migration Assistance Fund'', not more than 15 per centum of 
any appropriation item made available by this Act shall be obligated 
during the last month of availability.

     prohibition of bilateral funding for international financial 
                              institutions

          Sec. 502. None of the funds contained in title II of this Act 
may be used to carry out the provisions of section 209(d) of the 
Foreign Assistance Act of 1961.

                    limitation on residence expenses

          Sec. 503. Of the funds appropriated or made available 
pursuant to this Act, not to exceed $126,500 shall be for official 
residence expenses of the Agency for International Development during 
the current fiscal year: Provided, That appropriate steps shall be 
taken to assure that, to the maximum extent possible, United States-
owned foreign currencies are utilized in lieu of dollars.

                         limitation on expenses

          Sec. 504. Of the funds appropriated or made available 
pursuant to this Act, not to exceed $5,000 shall be for entertainment 
expenses of the Agency for International Development during the current 
fiscal year.

               limitation on representational allowances

          Sec. 505. Of the funds appropriated or made available 
pursuant to this Act, not to exceed $95,000 shall be available for 
representation allowances for the Agency for International Development 
during the current fiscal year: Provided, That appropriate steps shall 
be taken to assure that, to the maximum extent possible, United States-
owned foreign currencies are utilized in lieu of dollars: Provided 
further, That of the funds made available by this Act for general costs 
of administering military assistance and sales under the heading 
``Foreign Military Financing Program'', not to exceed $2,000 shall be 
available for entertainment expenses and not to exceed $50,000 shall be 
available for representation allowances: Provided further, That of the 
funds made available by this Act under the heading ``International 
Military Education and Training'', not to exceed $50,000 shall be 
available for entertainment allowances: Provided further, That of the 
funds made available by this Act for the Inter-American Foundation, not 
to exceed $2,000 shall be available for entertainment and 
representation allowances: Provided further, That of the funds made 
available by this Act for the Peace Corps, not to exceed a total of 
$4,000 shall be available for entertainment expenses: Provided further, 
That of the funds made available by this Act under the heading ``Trade 
and Development Agency'', not to exceed $2,000 shall be available for 
representation and entertainment allowances.

                 prohibition on financing nuclear goods

          Sec. 506. None of the funds appropriated or made available 
(other than funds for ``Nonproliferation, Antiterrorism, Demining and 
Related Programs'') pursuant to this Act, for carrying out the Foreign 
Assistance Act of 1961, may be used, except for purposes of nuclear 
safety, to finance the export of nuclear equipment, fuel, or 
technology.

        prohibition against direct funding for certain countries

          Sec. 507. None of the funds appropriated or otherwise made 
available pursuant to this Act shall be obligated or expended to 
finance directly any assistance or reparations to Cuba, Iraq, Libya, 
North Korea, Iran, Sudan, or Syria: Provided, That for purposes of this 
section, the prohibition on obligations or expenditures shall include 
direct loans, credits, insurance and guarantees of the Export-Import 
Bank or its agents.

                             military coups

          Sec. 508. None of the funds appropriated or otherwise made 
available pursuant to this Act shall be obligated or expended to 
finance directly any assistance to any country whose duly elected Head 
of Government is deposed by military coup or decree: Provided, That 
assistance may be resumed to such country if the President determines 
and reports to the Committees on Appropriations that subsequent to the 
termination of assistance a democratically elected government has taken 
office.

                       transfers between accounts

          Sec. 509. None of the funds made available by this Act may be 
obligated under an appropriation account to which they were not 
appropriated, except for transfers specifically provided for in this 
Act, unless the President, prior to the exercise of any authority 
contained in the Foreign Assistance Act of 1961 to transfer funds, 
consults with and provides a written policy justification to the 
Committees on Appropriations of the House of Representatives and the 
Senate.

                  deobligation/reobligation authority

          Sec. 510. (a) Amounts certified pursuant to section 1311 of 
the Supplemental Appropriations Act, 1955, as having been obligated 
against appropriations heretofore made under the authority of the 
Foreign Assistance Act of 1961 for the same general purpose as any of 
the headings under title II of this Act are, if deobligated, hereby 
continued available for the same period as the respective 
appropriations under such headings or until September 30, 1997, 
whichever is later, and for the same general purpose, and for countries 
within the same region as originally obligated: Provided, That the 
Appropriations Committees of both Houses of the Congress are notified 
fifteen days in advance of the reobligation of such funds in accordance 
with regular notification procedures of the Committees on 
Appropriations.
          (b) Obligated balances of funds appropriated to carry out 
section 23 of the Arms Export Control Act as of the end of the fiscal 
year immediately preceding the current fiscal year are, if deobligated, 
hereby continued available during the current fiscal year for the same 
purpose under any authority applicable to such appropriations under 
this Act: Provided, That the authority of this subsection may not be 
used in fiscal year 1997.

                         availability of funds

          Sec. 511. No part of any appropriation contained in this Act 
shall remain available for obligation after the expiration of the 
current fiscal year unless expressly so provided in this Act: Provided, 
That funds appropriated for the purposes of chapters 1, 8, and 11 of 
part I, section 667, and chapter 4 of part II of the Foreign Assistance 
Act of 1961, as amended, and funds provided under the heading 
``Assistance for Eastern Europe and the Baltic States'', shall remain 
available until expended if such funds are initially obligated before 
the expiration of their respective periods of availability contained in 
this Act: Provided further, That, notwithstanding any other provision 
of this Act, any funds made available for the purposes of chapter 1 of 
part I and chapter 4 of part II of the Foreign Assistance Act of 1961 
which are allocated or obligated for cash disbursements in order to 
address balance of payments or economic policy reform objectives, shall 
remain available until expended: Provided further, That the report 
required by section 653(a) of the Foreign Assistance Act of 1961 shall 
designate for each country, to the extent known at the time of 
submission of such report, those funds allocated for cash disbursement 
for balance of payment and economic policy reform purposes.

            limitation on assistance to countries in default

          Sec. 512. No part of any appropriation contained in this Act 
shall be used to furnish assistance to any country which is in default 
during a period in excess of one calendar year in payment to the United 
States of principal or interest on any loan made to such country by the 
United States pursuant to a program for which funds are appropriated 
under this Act: Provided, That this section and section 620(q) of the 
Foreign Assistance Act of 1961 shall not apply to funds made available 
in this Act or during the current fiscal year for Nicaragua, and for 
any narcotics-related assistance for Colombia, Bolivia, and Peru 
authorized by the Foreign Assistance Act of 1961 or the Arms Export 
Control Act.

                           commerce and trade

          Sec. 513. (a) None of the funds appropriated or made 
available pursuant to this Act for direct assistance and none of the 
funds otherwise made available pursuant to this Act to the Export-
Import Bank and the Overseas Private Investment Corporation shall be 
obligated or expended to finance any loan, any assistance or any other 
financial commitments for establishing or expanding production of any 
commodity for export by any country other than the United States, if 
the commodity is likely to be in surplus on world markets at the time 
the resulting productive capacity is expected to become operative and 
if the assistance will cause substantial injury to United States 
producers of the same, similar, or competing commodity: Provided, That 
such prohibition shall not apply to the Export-Import Bank if in the 
judgment of its Board of Directors the benefits to industry and 
employment in the United States are likely to outweigh the injury to 
United States producers of the same, similar, or competing commodity, 
and the Chairman of the Board so notifies the Committees on 
Appropriations.
          (b) None of the funds appropriated by this or any other Act 
to carry out chapter 1 of part I of the Foreign Assistance Act of 1961 
shall be available for any testing or breeding feasibility study, 
variety improvement or introduction, consultancy, publication, 
conference, or training in connection with the growth or production in 
a foreign country of an agricultural commodity for export which would 
compete with a similar commodity grown or produced in the United 
States: Provided, That this subsection shall not prohibit--
            (1) activities designed to increase food security in 
        developing countries where such activities will not have a 
        significant impact in the export of agricultural commodities of 
        the United States; or
            (2) research activities intended primarily to benefit 
        American producers.

                          surplus commodities

          Sec. 514. The Secretary of the Treasury shall instruct the 
United States Executive Directors of the International Bank for 
Reconstruction and Development, the International Development 
Association, the International Finance Corporation, the Inter-American 
Development Bank, the International Monetary Fund, the Asian 
Development Bank, the Inter-American Investment Corporation, the North 
American Development Bank, the European Bank for Reconstruction and 
Development, the African Development Bank, and the African Development 
Fund to use the voice and vote of the United States to oppose any 
assistance by these institutions, using funds appropriated or made 
available pursuant to this Act, for the production or extraction of any 
commodity or mineral for export, if it is in surplus on world markets 
and if the assistance will cause substantial injury to United States 
producers of the same, similar, or competing commodity.

                       notification requirements

          Sec. 515. For the purpose of providing the Executive Branch 
with the necessary administrative flexibility, none of the funds made 
available under this Act for ``Child Survival and Disease Programs 
Fund'', ``Development Assistance'', ``Debt restructuring'', 
``International organizations and programs'', ``Trade and Development 
Agency'', ``International narcotics control'', ``Assistance for Eastern 
Europe and the Baltic States'', ``Assistance for the New Independent 
State of the Former Soviet Union'', ``Economic Support Fund'', 
``Peacekeeping operations'', ``Operating expenses of the Agency for 
International Development'', ``Operating expenses of the Agency for 
International Development Office of Inspector General'', 
``Nonproliferation, anti-terrorism, demining and related programs'', 
``Foreign Military Financing Program'', ``International military 
education and training'', ``Inter-American Foundation'', ``African 
Development Foundation'', ``Peace Corps'', ``Migration and refugee 
assistance'', shall be available for obligation for activities, 
programs, projects, type of materiel assistance, countries, or other 
operations not justified or in excess of the amount justified to the 
Appropriations Committees for obligation under any of these specific 
headings unless the Appropriations Committees of both Houses of 
Congress are previously notified fifteen days in advance: Provided, 
That the President shall not enter into any commitment of funds 
appropriated for the purposes of section 23 of the Arms Export Control 
Act for the provision of major defense equipment, other than 
conventional ammunition, or other major defense items defined to be 
aircraft, ships, missiles, or combat vehicles, not previously justified 
to Congress or 20 per centum in excess of the quantities justified to 
Congress unless the Committees on Appropriations are notified fifteen 
days in advance of such commitment: Provided further, That this section 
shall not apply to any reprogramming for an activity, program, or 
project under chapter 1 of part I of the Foreign Assistance Act of 1961 
of less than 10 per centum of the amount previously justified to the 
Congress for obligation for such activity, program, or project for the 
current fiscal year: Provided further, That the requirements of this 
section or any similar provision of this Act or any other Act, 
including any prior Act requiring notification in accordance with the 
regular notification procedures of the Committees on Appropriations, 
may be waived if failure to do so would pose a substantial risk to 
human health or welfare: Provided further, That in case of any such 
waiver, notification to the Congress, or the appropriate congressional 
committees, shall be provided as early as practicable, but in no event 
later than three days after taking the action to which such 
notification requirement was applicable, in the context of the 
circumstances necessitating such waiver: Provided further, That any 
notification provided pursuant to such a waiver shall contain an 
explanation of the emergency circumstances.
          Drawdowns made pursuant to section 506(a)(2) of the Foreign 
Assistance Act of 1961 shall be subject to the regular notification 
procedures of the Committees on Appropriations.

limitation on availability of funds for international organizations and 
                                programs

          Sec. 516. Notwithstanding any other provision of law or of 
this Act, none of the funds provided for ``International Organizations 
and Programs'' shall be available for the United States proportionate 
share, in accordance with section 307(c) of the Foreign Assistance Act 
of 1961, for any programs identified in section 307, or for Libya, 
Iran, or, at the discretion of the President, Communist countries 
listed in section 620(f) of the Foreign Assistance Act of 1961, as 
amended: Provided, That, subject to the regular notification procedures 
of the Committees on Appropriations, funds appropriated under this Act 
or any previously enacted Act making appropriations for foreign 
operations, export financing, and related programs, which are returned 
or not made available for organizations and programs because of the 
implementation of this section or any similar provision of law, shall 
remain available for obligation through September 30, 1998.

              economic support fund assistance for israel

          Sec. 517. The Congress finds that progress on the peace 
process in the Middle East is vitally important to United States 
security interests in the region. The Congress recognizes that, in 
fulfilling its obligations under the Treaty of Peace Between the Arab 
Republic of Egypt and the State of Israel, done at Washington on March 
26, 1979, Israel incurred severe economic burdens. Furthermore, the 
Congress recognizes that an economically and militarily secure Israel 
serves the security interests of the United States, for a secure Israel 
is an Israel which has the incentive and confidence to continue 
pursuing the peace process. Therefore, the Congress declares that, 
subject to the availability of appropriations, it is the policy and the 
intention of the United States that the funds provided in annual 
appropriations for the Economic Support Fund which are allocated to 
Israel shall not be less than the annual debt repayment (interest and 
principal) from Israel to the United States Government in recognition 
that such a principle serves United States interests in the region.

   prohibition on funding for abortions and involuntary sterilization

          Sec. 518. None of the funds made available to carry out part 
I of the Foreign Assistance Act of 1961, as amended, may be used to pay 
for the performance of abortions as a method of family planning or to 
motivate or coerce any person to practice abortions. None of the funds 
made available to carry out part I of the Foreign Assistance Act of 
1961, as amended, may be used to pay for the performance of involuntary 
sterilization as a method of family planning or to coerce or provide 
any financial incentive to any person to undergo sterilizations. None 
of the funds made available to carry out part I of the Foreign 
Assistance Act of 1961, as amended, may be used to pay for any 
biomedical research which relates in whole or in part, to methods of, 
or the performance of, abortions or involuntary sterilization as a 
means of family planning. None of the funds made available to carry out 
part I of the Foreign Assistance Act of 1961, as amended, may be 
obligated or expended for any country or organization if the President 
certifies that the use of these funds by any such country or 
organization would violate any of the above provisions related to 
abortions and involuntary sterilizations: Provided, That none of the 
funds made available under this Act may be used to lobby for or against 
abortion.

                 authorization for population planning

          Sec. 518A. (a) None of the funds made available in title II 
of this Act for population planning activities or other population 
assistance pursuant to section 104(b) of the Foreign Assistance Act or 
any other provision of law may be obligated or expended prior to July 
1, 1997.
          (b) Not to exceed $385,000,000 of the funds appropriated in 
title II of this Act may be made available for population planning 
activities or other population assistance.
          (c) Such funds may be apportioned only on a monthly basis, 
and such monthly apportionments may not exceed 8 percent of the total 
available for such activities.
          (d) Not later than February 1, 1997, the President shall 
submit a finding to the Congress regarding the impact of the limitation 
on obligations imposed by subsection (a) of this section on the proper 
functioning of the population planning program. If such Presidential 
finding indicates that the limitation is having a negative impact on 
the proper functioning of the population planning program, funds for 
population planning activities and other population assistance referred 
to in subsection (a) may be made available beginning March 1, 1997, 
notwithstanding the July 1, 1997, limitation set forth in subsection 
(a), if the Congress approves such finding by adoption of a joint 
resolution of approval not later than February 28, 1997, in accordance 
with subsection (e).
          (e) Congressional Review Procedure.--
            (1) This subsection is enacted by Congress--
                    (A) as an exercise of the rulemaking power of the 
                House of Representatives and the Senate, respectively, 
                and as such it is deemed a part of the rules of each 
                House, respectively, but applicable only with respect 
                to the procedure to be followed in that House in the 
                case of resolutions described by paragraph (2) of this 
                subsection; and it supersedes other rules only to the 
                extent that it is inconsistent therewith; and
                    (B) with full recognition of the constitutional 
                right of either House to change the rules (so far as 
                those rules relate to the procedure of that House) at 
                any time, in the same manner, and to the same extent as 
                in the case of any other rule of such House.
            (2) For purposes of this section, the term ``resolution'' 
        means a joint resolution, the text of which is as follows: 
        ``That the House of Representatives and Senate approve the 
        Presidential finding, submitted to the Congress on XXXXX, that 
        the limitation on obligations imposed by section 518A(a) of the 
        Foreign Operations, Export Financing, and Related Programs 
        Appropriations Act, 1997, is having a negative impact on the 
        proper functioning of the population planning program.''. The 
        blank space therein shall be filled with the date on which the 
        President submits his finding to the House of Representatives 
        and the Senate.
            (3) On the day on which the President submits a finding 
        under this section to the Congress, a joint resolution 
        described in paragraph (2) shall be introduced (by request) in 
        the House by the majority leader of the House, for himself and 
        the minority leader of the House, or by Members of the House 
        designated by the majority leader and minority leader of the 
        House; and shall be introduced (by request) in the Senate by 
        the majority leader of the Senate, for himself and the minority 
        leader of the Senate, or by Members of the Senate designated by 
        the majority leader and minority leader of the Senate. If 
        either House is not in session on the day on which the 
        President submits such finding, the resolution shall be 
        introduced in that House, as provided in the preceding 
        sentence, on the first day thereafter on which that House is in 
        session. A resolution once introduced in the House with respect 
        to a Presidential finding under this section shall be referred 
        to 1 or more committees (and all resolutions with respect to 
        the same Presidential finding shall be referred to the same 
        committee or committees) by the Speaker of the House of 
        Representatives. A resolution once introduced in the Senate 
        with respect to a Presidential finding under this section shall 
        be referred to the appropriate committee (and all resolutions 
        with respect to the same Presidential finding shall be referred 
        to the same committee) by the President of the Senate.
            (4) No amendment to a resolution introduced under this 
        section shall be in order in either the House of 
        Representatives or the Senate; and no motion to suspend the 
        application of this subsection shall be in order in either 
        House, nor shall it be in order in either House for the 
        presiding officer to entertain a request to suspend the 
        application of this subsection by unanimous consent.
            (5)(A) If any committee to which a resolution with respect 
        to a Presidential finding under this section has been referred 
        has not reported it at the end of 5 calendar days after its 
        introduction, such committee shall be automatically discharged 
        from further consideration of the resolution and it shall be 
        placed on the appropriate calendar. A vote on final passage of 
        the resolution, shall be taken in each House on or before 
        February 28, 1997. If prior to the passage by 1 House of a 
        resolution of that House under this section, that House 
        receives the same resolution from the other House, then--
                    (i) the procedure in that House shall be the same 
                as if no resolution had been received from the other 
                House, but
                    (ii) the vote on final passage shall be on the 
                resolution of the other House.
            (6)(A) A motion in the House of Representatives to proceed 
        to the consideration of a resolution under this section shall 
        be highly privileged and not debatable. An amendment to the 
        motion shall not be in order, nor shall it be in order to move 
        to reconsider the vote by which the motion is agreed to or 
        disagreed to.
            (B) Debate in the House of Representatives on the 
        resolution described in paragraph (2) of this subsection shall 
        be limited to not more than 2 hours, which shall be divided 
        equally between those favoring and those opposing such 
        resolution. A motion to further limit debate shall not be 
        debatable. It shall not be in order to move to recommit a 
        resolution or to move to reconsider the vote by which such 
        resolution was agreed to or disagreed to.
            (C) Appeals from the decision of the Chair relating to the 
        application of the rules of the House of Representatives to the 
        procedures relating to a resolution under this section shall be 
        decided without debate.
            (D) Except to the extent specifically provided in preceding 
        provisions of this subsection, consideration in the House of 
        Representatives of a resolution under this subsection shall be 
        governed by the rules of the House of Representatives 
        applicable to other resolutions in similar circumstances.
            (7)(A) A motion in the Senate to proceed to the 
        consideration of a resolution under this section shall not 
        debatable. It shall not be in order to move to reconsider the 
        vote by which the motion is agreed to or disagreed to.
            (B) Debate in the Senate on the resolution described in 
        paragraph (2) of this subsection, and all debatable motions and 
        appeals in connection therewith, shall be limited to not more 
        than 2 hours. The time shall be equally divided between, and 
        controlled by, the mover and the manager of the resolution, 
        except that in the event the manager of the resolution is in 
        favor of any such motion or appeal, the time in opposition 
        thereto shall be controlled by the minority leader or his 
        designee. Such leaders, or either of them, may, from time under 
        their control on the passage of a resolution, allot additional 
        time to any Senator during the consideration of any debatable 
        motion or appeal.
            (C) A motion in the Senate to further limit debate is not 
        debatable. A motion to recommit a resolution is not in order.

                         reporting requirement

          Sec. 519. The President shall submit to the Committees on 
Appropriations the reports required by section 25(a)(1) of the Arms 
Export Control Act.

                   special notification requirements

          Sec. 520. None of the funds appropriated in this Act shall be 
obligated or expended for Colombia, Guatemala (except that this 
provision shall not apply to development assistance for Guatemala), 
Dominican Republic, Haiti, Liberia, Pakistan, Peru, Serbia, Sudan, or 
Zaire except as provided through the regular notification procedures of 
the Committee on Appropriations.

              definition of program, project, and activity

          Sec. 521. For the purpose of this Act, ``program, project, 
and activity'' shall be defined at the Appropriations Act account level 
and shall include all Appropriations and Authorizations Acts earmarks, 
ceilings, and limitations with the exception that for the following 
accounts: Economics Support Fund and Foreign Military Financing 
Program, ``program, project, and activity'' shall also be considered to 
include country, regional, and central program level funding within 
each such account; for the development assistance accounts of the 
Agency for International Development ``program, project, and activity'' 
shall also be considered to include central program level funding, 
either as (1) justified to the Congress, or (2) allocated by the 
executive branch in accordance with a report, to be provided to the 
Committees on Appropriations within thirty days of enactment of this 
Act, as required by section 653(a) of the Foreign Assistance Act of 
1961.

                   child survival and aids activities

          Sec. 522. Up to $8,000,000 of the funds made available by 
this Act for assistance for family planning, health, child survival, 
and AIDS, may be used to reimburse United States Government agencies, 
agencies of State governments, institutions of higher learning, and 
private and voluntary organizations for the full cost of individuals 
(including for the personal services of such individuals) detailed or 
assigned to, or contracted by, as the case may be, the Agency for 
International Development for the purpose of carrying out family 
planning activities, child survival activities and activities relating 
to research on, and the treatment and control of acquired immune 
deficiency syndrome in developing countries: Provided, That funds 
appropriated by this Act that are made available for child survival 
activities or activities relating to research on, and the treatment and 
control of, acquired immune deficiency syndrome may be made available 
notwithstanding any provision of law that restricts assistance to 
foreign countries: Provided further, That funds appropriated by this 
Act that are made available for family planning activities may be made 
available notwithstanding section 512 of this Act and section 620(q) of 
the Foreign Assistance Act of 1961.

       prohibition against indirect funding to certain countries

          Sec. 523. None of the funds appropriated or otherwise made 
available pursuant to this Act shall be obligated to finance indirectly 
any assistance or reparations to Cuba, Iraq, Libya, Iran, Syria, North 
Korea, or the People's Republic of China, unless the President of the 
United States certifies that the withholding of these funds is contrary 
to the national interest of the Untied States.

                           reciprocal leasing

          Sec. 524. Section 61(a) of the Arms Export Control Act is 
amended by striking out ``1996'' and inserting in lieu thereof 
``1997''.

                notification on excess defense equipment

          Sec. 525. Prior to providing excess Department of Defense 
articles in accordance with section 516(a) of the Foreign Assistance 
Act of 1961, the Department of Defense shall notify the Committees on 
Appropriations to the same extent and under the same conditions as are 
other committees pursuant to subsection (c) of that section: Provided, 
That before issuing a letter of offer to sell excess defense articles 
under the Arms Export Control Act, the Department of Defense shall 
notify the Committees on Appropriations in accordance with the regular 
notification procedures of such Committees: Provided further, That such 
Committees shall also be informed of the original acquisition cost of 
such defense articles.

                       authorization requirement

          Sec. 526. Funds appropriated by this Act may be obligated and 
expended notwithstanding section 10 of Public Law 91-672 and section 15 
of the State Department Basic Authorities Act of 1956.

       prohibition on bilateral assistance to terrorist countries

          Sec. 527. (a) Notwithstanding any other provision of law, 
funds appropriated for bilateral assistance under any heading of this 
Act and funds appropriated under any such heading in a provision of law 
enacted prior to enactment of this Act, shall not be made available to 
any country which the President determines--
            (1) grants sanctuary from prosecution to any individual or 
        group which has committed an act of international terrorism, or
            (2) otherwise supports international terrorism.
            (b) The President may waive the application of subsection 
(a) to a country if the President determines that national security or 
humanitarian reasons justify such waiver. The President shall publish 
each waiver in the Federal Register and, at least fifteen days before 
the waiver takes effect, shall notify the Committees on Appropriations 
of the waiver (including the justification for the waiver) in 
accordance with the regular notification procedures of the Committees 
on Appropriations.

                 commercial leasing of defense articles

          Sec. 528. Notwithstanding any other provision of law, and 
subject to the regular notification procedures of the Committees on 
Appropriations, the authority of section 23(a) of the Arms Export 
Control Act may be used to provide financing to Israel, Egypt and NATO 
and major non-NATO allies for the procurement by leasing (including 
leasing with an option to purchase) of defense articles from United 
States commercial suppliers, not including Major Defense Equipment 
(other than helicopters and other types of aircraft having possible 
civilian application), if the President determines that there are 
compelling foreign policy or national security reasons for those 
defense articles being provided by commercial lease rather than by 
government-to-government sale under such Act.

                         competitive insurance

          Sec. 528A. All Agency for International Development contracts 
and solicitations, and subcontracts entered into under such contracts, 
shall include a clause requiring that United States insurance companies 
have a fair opportunity to bid for insurance when such insurance is 
necessary or appropriate.

                  stingers in the persian gulf region

          Sec. 529. Except as provided in section 581 of the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1990, the United States may not sell or otherwise make available any 
Stingers to any country bordering the Persian Gulf under the Arms 
Export Control Act or chapter 2 of part II of the Foreign Assistance 
Act of 1961.

                          debt-for-development

          Sec. 530. In order to enhance the continued participation of 
nongovernmental organizations in economic assistance activities under 
the Foreign Assistance Act of 1961, including endowments, debt-for-
development and debt-for-nature exchanges, a nongovernmental 
organization which is a grantee or contractor of the Agency for 
International Development may place in interest bearing accounts funds 
made available under this Act or prior Acts or local currencies which 
accrue to that organization as a result of economic assistance provided 
under title II of this Act and any interest earned on such investment 
shall be used for the purpose for which the assistance was provided to 
that organization.

                           separate accounts

          Sec. 531. (a) Separate Accounts for Local Currencies.--(1) If 
assistance is furnished to the government of a foreign country under 
chapters 1 and 10 of part I or chapter 4 of part II of the Foreign 
Assistance Act of 1961 under agreements which result in the generation 
of local currencies of that country, the Administrator of the Agency 
for International Development shall--
            (A) require that local currencies be deposited in a 
        separate account established by that government;
            (B) enter into an agreement with that government which sets 
        forth--
                    (i) the amount of the local currencies to be 
                generated, and
                    (ii) the terms and conditions under which the 
                currencies so deposited may be utilized, consistent 
                with this section; and
            (C) establish by agreement with that government the 
        responsibilities of the Agency for International Development 
        and that government to monitor and account for deposits into 
        and disbursements from the separate account.
          (2) Uses of Local Currencies.--As may be agreed upon with the 
foreign government, local currencies deposited in a separate account 
pursuant to subsection (a), or an equivalent amount of local 
currencies, shall be used only--
            (A) to carry out chapters 1 or 10 of part I or chapter 4 of 
        part II (as the case may be), for such purposes as--
                    (i) project and sector assistance activities, or
                    (ii) debt and deficit financing, or
            (B) for the administrative requirements of the United 
        States Government.
          (3) Programming Accountability.--The Agency for International 
Development shall take all necessary steps to ensure that the 
equivalent of the local currencies disbursed pursuant to subsection 
(a)(2)(A) from the separate account established pursuant to subsection 
(a)(1) are used for the purposes agreed upon pursuant to subsection 
(a)(2).
          (4) Termination of Assistance Programs.--Upon termination of 
assistance to a country under chapters 1 or 10 of part I or chapter 4 
of part II (as the case may be), any unencumbered balances of funds 
which remain in a separate account established pursuant to subsection 
(a) shall be disposed of for such purposes as may be agreed to by the 
government of that country and the United States Government.
          (5) Conforming Amendments.--The provisions of this subsection 
shall supersede the tenth and eleventh provisos contained under the 
heading ``Sub-Saharan Africa, Development Assistance'' as included in 
the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1989 and sections 531(d) and 609 of the Foreign 
Assistance Act of 1961.
          (6) Reporting Requirement.--The Administrator of the Agency 
for International Development shall report on an annual basis as part 
of the justification documents submitted to the Committees on 
Appropriations on the use of local currencies for the administrative 
requirements of the United States Government as authorized in 
subsection (a)(2)(B), and such report shall include the amount of local 
currency (and United States dollar equivalent) used and/or to be used 
for such purpose in each applicable country.
          (b) Separate Accounts for Cash Transfers.--(1) If assistance 
is made available to the government of a foreign country, under 
chapters 1 or 10 of part I or chapter 4 of part II of the Foreign 
Assistance Act of 1961, as cash transfer assistance or as nonproject 
sector assistance, that country shall be required to maintain such 
funds in a separate account and not commingle them with any other 
funds.
          (2) Applicability of Other Provisions of Law.--Such funds may 
be obligated and expended notwithstanding provisions of law which are 
inconsistent with the nature of this assistance including provisions 
which are referenced in the Joint Explanatory Statement of the 
Committee of Conference accompanying House Joint Resolution 648 (H. 
Report No. 98-1159).
          (3) Notification.--At lest fifteen days prior to obligating 
any such cash transfer or nonproject sector assistance, the President 
shall submit a notification through the regular notification procedures 
of the Committees on Appropriations, which shall include a detailed 
description of how the funds proposed to be made available will be 
used, with a discussion of the United States interests that will be 
served by the assistance (including, as appropriate, a description of 
the economic policy reforms that will be promoted by such assistance).
          (4) Exemption.--Nonproject sector assistance funds may be 
exempt from the requirements of subsection (b)(1) only through the 
notification procedures of the Committees on Appropriations.

  compensation for united states executive directors to international 
                         financing institutions

          Sec. 532. (a) No funds appropriated by this Act may be made 
as payment to any international financial institution while the United 
States Executive Director to such institution is compensated by the 
institution at a rate which, together with whatever compensation such 
Director receives from the United States, is in excess of the rate 
provided for an individual occupying a position at level IV of the 
Executive Schedule under section 5315 of title 5, United States Code, 
or while any alternate United States Director to such institution is 
compensated by the institution at a rate in excess of the rate provided 
for an individual occupying a position at level V of the Executive 
Schedule under section 5316 of title 5, United States Code.
          (b) For purposes of this section, ``international financial 
institutions'' are: the International Bank for Reconstruction and 
Development, the Inter-American Development Bank, the Asian Development 
Bank, the Asian Development Fund, the African Development Bank, the 
African Development Fund, the International Monetary Fund, the North 
American Development Bank, and the European Bank for Reconstruction and 
Development.

         compliance with united nations sanctions against iraq

          Sec. 533. (a) Denial of Assistance.--None of the funds 
appropriated or otherwise made available pursuant to this Act to carry 
out the Foreign Assistance Act of 1961 (including title IV of chapter 2 
of part I, relating to the Overseas Private Investment Corporation) or 
the Arms Export Control Act may be used to provide assistance to any 
country that is not in compliance with the United Nations Security 
Council sanctions against Iraq, Serbia or Montenegro unless the 
President determines and so certifies to the Congress that--
            (1) such assistance is in the national interest of the 
        United States;
            (2) such assistance will directly benefit the needy people 
        in that country; or
            (3) the assistance to be provided will be humanitarian 
        assistance for foreign national who have fled Iraq and Kuwait.
          (b) Import Sanctions.--If the President considers that the 
taking of such action would promote the effectiveness of the economic 
sanctions of the United Nations and the United States imposed with 
respect to Iraq, Serbia, or Montenegro, as the case may be, and is 
consistent with the national interest, the President may prohibit, for 
such a period of time as he considers appropriate, the importation into 
the United States of any or all products of any foreign country that 
has not prohibited--
            (1) the importation of products of Iraq, Serbia, or 
        Montenegro into its customs territory, and
            (2) the export of its products to Iraq, Serbia, or 
        Montenegro, as the case may be.

           competitive pricing for sales of defense articles

          Sec. 533A. Direct costs associated with meeting a foreign 
customer's additional or unique requirements will continue to be 
allowable under contracts under section 22(d) of the Arms Export 
Control Act. Loadings applicable to such direct costs shall be 
permitted at the same rates applicable to procurement of like items 
purchased by the Department of Defense for its own use.

                       pow/mia military drawdown

          Sec. 534. (a) Notwithstanding any other provision of law, the 
President may direct the drawdown, without reimbursement by the 
recipient, of defense articles from the stocks of the Department of 
Defense, defense services of the Department of Defense, and military 
education and training, of an aggregate value not to exceed $15,000,000 
in fiscal year 1997, as may be necessary to carry out subsection (b).
          (b) Such defense articles, services and training may be 
provided to Vietnam, Cambodia and Laos, under subsection (a) as the 
President determines are necessary to support efforts to locate and 
repatriate members of the United States Armed Forces and civilians 
employed directly or indirectly by the United States Government who 
remain unaccounted for from the Vietnam War, and to ensure the safety 
of United States Government personnel engaged in such cooperative 
efforts and to support United States Department of Defense-sponsored 
humanitarian projects associated with the POW/MIA efforts. Any aircraft 
shall be provided under this section only to Laos and only on a lease 
or loan basis, but may be provided at no cost notwithstanding section 
61 of the Arms Export Control Act and may be maintained with defense 
articles, services and training provided under this section.
          (c) The President shall, within sixty days of the end of any 
fiscal year in which the authority of subsection (a) is exercised, 
submit a report to the Congress which identifies the articles, 
services, and training drawn down under this section.

                 mediterranean excess defense articles

          Sec. 535. For the four-year period beginning on October 1, 
1996, the President shall ensure that excess defense articles will be 
made available under section 516 and 519 of the Foreign Assistance Act 
of 1961 consistent with the manner in which the President made 
available excess defense articles under those sections during the four-
year period that began on October 1, 1992, pursuant to section 573(e) 
of the Foreign Operations, Export Financing, Related Programs 
Appropriations Act, 1990.

                          cash flow financing

          Sec. 536. For each country that has been approved for cash 
flow financing (as defined in section 25(d) of the Arms Export Control 
Act, as added by section 112(b) of Public Law 99-83) under the Foreign 
Military Financing Program, any Letter of Offer and Acceptance or other 
purchase agreement, or any amendment thereto, for a procurement in 
excess of $100,000,000 that is to be financed in whole or in part with 
funds made available under this Act shall be submitted through the 
regular notification procedures to the Committees on Appropriations.

authorities for the peace corps, the inter-american foundation and the 
                     african development foundation

          Sec. 537. Unless expressly provided to the contrary, 
provisions of this or any other Act, including provisions contained in 
prior Acts authorizing or making appropriations for foreign operations, 
export financing, and related programs, shall not be construed to 
prohibit activities authorized by or conducted under the Peace Corp 
Act, the Inter-American Foundation Act, or the African Development 
Foundation Act. The appropriate agency shall promptly report to the 
Committees on Appropriations whenever it is conducting activities or is 
proposing to conduct activities in a country for which assistance is 
prohibited.

                  impact on jobs in the united states

          Sec. 538. None of the funds appropriated by this Act may be 
obligated or expended to provide--
            (a) any financial incentive to a business enterprise 
        currently located in the United States for the purpose of 
        inducing such an enterprise to relocate outside the United 
        States if such incentive or inducement is likely to reduce the 
        number of employees of such business enterprise in the United 
        States because United States production is being replaced by 
        such enterprise outside the United States;
            (b) assistance for the purpose of establishing or 
        developing in a foreign country any export processing zone or 
        designated area in which the tax, tariff, labor, environment, 
        and safety laws of that country do not apply, in part or in 
        whole, to activities carried out within that zone or area, 
        unless the President determines and certifies that such 
        assistance is not likely to cause a loss of jobs within the 
        United States; or
            (c) assistance for any project or activity that contributes 
        to the violation of internationally recognized workers rights, 
        as defined in section 502(a)(4) of the Trade Act of 1974, of 
        workers in the recipient country, including any designated zone 
        or area in that country: Provided, That in recognition that the 
        application of this subsection should be commensurate with the 
        level of development of the recipient country and sector, the 
        provisions of this subsection shall not preclude assistance for 
        the informal sector in such country, micro and small-scale 
        enterprise, and smallholder agriculture.

               authority to assist bosnia and herzegovina

          Sec. 539. (a) The President is authorized to direct the 
transfer, subject to prior notification of the Committees on 
Appropriations, to the Government of Bosnia and Herzegovina, without 
reimbursement of defense articles from the stocks of the Department of 
Defense and defense services of the Department of Defense of an 
aggregate value of not to exceed $100,000,000 in fiscal years 1996 and 
1997: Provided, That the President certifies in a timely fashion to the 
Congress that the transfer of such articles would assist that nation in 
self-defense and thereby promote the security and stability of the 
region.
          (b) Within 60 days of any transfer under the authority 
provided in subsection (a), and every 60 days thereafter, the President 
shall report in writing to the Speaker of the House of Representatives 
and the President pro tempore of the Senate concerning the articles 
transferred and the disposition thereof.
          (c) There are authorized to be appropriated to the President 
such sums as may be necessary to reimburse the applicable 
appropriation, fund, or account for defense articles provided under 
this section.

    restrictions on the termination of sanctions against serbia and 
                               montenegro

          Sec. 540. (a) Restrictions.--Notwithstanding any other 
provision of law, no sanction, prohibition, or requirement described in 
section 1511 of the National Defense Authorization Act for Fiscal Year 
1994 (Public Law 103-160), with respect to Serbia or Montenegro, may 
cease to be effective, unless--
            (1) the President first submits to the Congress a 
        certification described in subsection (b); and
            (2) the requirements of section 1511 of that Act are met.
          (b) Certification.--A certification described in this 
subsection is a certification that--
            (1) there is substantial progress toward--
                    (A) the realization of a separate identity for 
                Kosova and the right of the people of Kosova to govern 
                themselves; or
                    (B) the creation of an international protectorate 
                for Kosova;
            (2) there is substantial improvement in the human rights 
        situation in Kosova;
            (3) international human rights observers are allowed to 
        return to Kosova; and
            (4) the elected government of Kosova is permitted to meet 
        and carry out its legitimate mandate as elected representatives 
        of the people of Kosova.
          (c) Waiver Authority.--The President may waive the 
application in whole or in part, of subsection (a) if the President 
certifies to the Congress that the President has determined that the 
waiver is necessary to meet emergency humanitarian needs or to achieve 
a negotiated settlement of the conflict in Bosnia and Herzegovina that 
is acceptable to the parties.

                          special authorities

          Sec. 541. (a) Funds appropriated in title II of this Act that 
are made available for Afghanistan, Lebanon, and Cambodia, and for 
victims of war, displaced children, displaced Burmese, humanitarian 
assistance for Romania, and humanitarian assistance for the peoples of 
Bosnia and Herzegovina, Croatia, and Kosova, may be made available 
notwithstanding any other provision of law: Provided, That any such 
funds that are made available for Cambodia shall be subject to the 
provisions of section 531(c) of the Foreign Assistance Act of 1961 and 
section 906 of the International Security and Development Cooperation 
Act of 1985: Provided further, That none of the funds appropriated by 
this Act may be made available for assistance for any country or 
organization that the Secretary of State determines is cooperating, 
tactically or strategically, with the Khmer Rouge in their military 
operations, or to the military of any country that is not acting 
vigorously to prevent its members from facilitating the export of 
timber from Cambodia by the Khmer Rouge: Provided further, That the 
Secretary of State shall submit a report to the Committees on 
Appropriations by February 1, 1997, on whether there are any countries, 
organizations, or militaries for which assistance is prohibited under 
the previous proviso, the basis for such conclusions and, if 
appropriate, the steps being taken to terminate assistance: Provided 
further, That the prohibition on assistance to the military of any 
country that is not acting vigorously to prevent its members from 
facilitating the export of timber from Cambodia by the Khmer Rouge may 
be waived by the President if he determines and reports to the 
Committees on Appropriations that is is important to the national 
security interest of the United States to do so.
          (b) Funds appropriated by this Act to carry out the 
provisions of sections 103 through 106 of the Foreign Assistance Act of 
1961 may be used, notwithstanding any other provision of law, for the 
purpose of supporting tropical forestry and energy programs aimed at 
reducing emissions of greenhouse gases, and for the purpose of 
supporting biodiversity conservation activities: Provided, That such 
assistance shall be subject to sections 116, 502B, and 620A of the 
Foreign Assistance Act of 1961.
          (c) During fiscal year 1997, the President may use up to 
$40,000,000 under the authority of section 451 of the Foreign 
Assistance Act of 1961, notwithstanding the funding ceiling contained 
in subsection (a) of that section.
          (d) The Agency for International Development may employ 
personal services contractors, notwithstanding any other provision of 
law, for the purpose of administering programs for the West Bank and 
Gaza.

        policy on terminating the arab league boycott of israel

          Sec. 542. It is the sense of the Congress that--
            (1) the Arab League countries should immediately and 
        publicly renounce the primary boycott of Israel and the 
        secondary and tertiary boycott of American firms that have 
        commercial ties with Israel; and
            (2) the President should--
                    (A) take more concrete steps to encourage 
                vigorously Arab League countries to renounce publicly 
                the primary boycotts of Israel and the secondary and 
                tertiary boycotts of American firms that have 
                commercial relations with Israel as a confidence-
                building measure;
                    (B) take into consideration the participation of 
                any recipient country in the primary boycott of Israel 
                and the secondary and tertiary boycotts of American 
                firms that have commercial relations with Israel when 
                determining whether to sell weapons to said county;
                    (C) report to Congress on the specific steps being 
                taken by the President to bring about a public 
                renunciation of the Arab primary boycott of Israel and 
                the secondary and tertiary boycotts of American firms 
                that have commercial relations with Israel; and
                    (D) encourage the allies and trading partners of 
                the United States to enact laws prohibiting businesses 
                from complying with the boycott and penalizing 
                businesses that do comply.

                       anti-narcotics activities

          Sec. 543. (a) Of the funds appropriated or otherwise made 
available by this Act for ``Economic Support Fund'', assistance may be 
provided to strengthen the administration of justice in countries in 
Latin America and the Caribbean and in other regions consistent with 
the provisions of section 534(b) of the Foreign Assistance Act of 1961, 
except that programs to enhance protection of participants in judicial 
cases may be conducted notwithstanding section 660 of that Act.
          (b) Funds made available pursuant to this section may be made 
available notwithstanding section 534(c) and the second and third 
sentences of section 534(e) of the Foreign Assistance Act of 1961. 
Funds made available pursuant to subsection (a) for Bolivia, Colombia 
and Peru may be made available notwithstanding section 534(c) and the 
second sentence of section 534(e) of the Foreign Assistance Act of 
1961.

                       eligibility for assistance

          Sec. 544. (a) Assistance Through Nongovernmental 
Organizations.--Restrictions contained in this or any other Act with 
respect to assistance for a country shall not be construed to restrict 
assistance in support of programs of nongovernmental organizations from 
funds appropriated by this Act to carry out the provisions of chapters 
1 and 10 of part I of the Foreign Assistance Act of 1961: Provided, 
That the President shall take into consideration, in any case in which 
a restriction on assistance would be applicable but for this 
subsection, whether assistance in support of programs of 
nongovernmental organizations is in the national interest of the United 
States: Provided further, That before using the authority of this 
subsection to furnish assistance in support of programs of 
nongovernmental organizations, the President shall notify the 
Committees on Appropriations under the regular notification procedures 
of those committees, including a description of the program to be 
assisted, the assistance to be provided, and the reasons for furnishing 
such assistance: Provided further, That nothing in this subsection 
shall be construed to alter any existing statutory prohibitions against 
abortion or involuntary sterilizations contained in this or any other 
Act.
          (b) Public Law 480.--During fiscal year 1997, restrictions 
contained in this or any other Act with respect to assistance for a 
country shall not be construed to restrict assistance under the 
Agricultural Trade Development and Assistance Act of 1954: Provided, 
That none of the funds appropriated to carry out title I of such Act 
and made available pursuant to this subsection may be obligated or 
expended except as provided through the regular notification procedures 
of the Committees on Appropriations.
          (c) Exception.--This section shall not apply--
            (1) with respect to section 620A of the Foreign Assistance 
        Act or any comparable provision of law prohibiting assistance 
        to countries that support international terrorism; or
            (2) with respect to section 116 of the Foreign Assistance 
        Act of 1961 or any comparable provision of law prohibiting 
        assistance to countries that violate internationally recognized 
        human rights.

                                earmarks

          Sec. 544A. (a) Funds appropriated by this Act which are 
earmarked may be reprogrammed for other programs within the same 
account notwithstanding the earmark if compliance with the earmark is 
made impossible by operation of any provision of this or any other Act 
or, with respect to a country with which the United States has an 
agreement providing the United States with base rights or base access 
in that country, if the President determines that the recipient for 
which funds are earmarked has significantly reduced its military or 
economic cooperation with the United States since enactment of the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1991; however, before exercising the authority of 
this subsection with regard to a base rights or base access country 
which has significantly reduced its military or economic cooperation 
with the United States, the President shall consult with, and shall 
provide a written policy justification to the Committees on 
Appropriations: Provided, That any such reprogramming shall be subject 
to the regular notification procedures of the Committees on 
Appropriations: Provided further, That assistance that is reprogrammed 
pursuant to this subsection shall be made available under the same 
terms and conditions as originally provided.
          (b) In addition to the authority contained in subsection (a), 
the original period of availability of funds appropriated by this Act 
and administered by the Agency for International Development that are 
earmarked for particular programs or activities by this or any other 
Act shall be extended for an additional fiscal year if the 
Administrator of such agency determines and reports promptly to the 
Committees on Appropriations that the termination of assistance to a 
country or a significant change in circumstances makes it unlikely that 
such earmarked funds can be obligated during the original period of 
availability: Provided, That such earmarked funds that are continued 
available for an additional fiscal year shall be obligated only for the 
purpose of such earmark.

                         ceilings and earmarks

          Sec. 545. Ceilings and earmarks contained in this Act shall 
not be applicable to funds or authorities appropriated or otherwise 
made available by any subsequent Act unless such Act specifically so 
directs.

                 prohibition on publicity or propaganda

          Sec. 546. No part of any appropriation contained in this Act 
shall be used for publicity or propaganda purposes within the United 
States not authorized before the date of enactment of this Act by the 
Congress: Provided, That not to exceed $750,000 may be made available 
to carry out the provisions of section 316 of Public Law 96-533.

                       use of american resources

          Sec. 547. To the maximum extent possible, assistance provided 
under this Act should make full use of American resources, including 
commodities, products, and services.

           prohibition of payments to united nations members

          Sec. 548. None of the funds appropriated or made available 
pursuant to this Act for carrying out the Foreign Assistance Act of 
1961, may be used to pay in whole or in part any assessments, 
arrearages, or dues of any member of the United Nations.

                          consulting services

          Sec. 549. The expenditure of any appropriation under this Act 
for any consulting service through procurement contract, pursuant to 
section 3109 of title 5, United States Code, shall be limited to those 
contracts where such expenditures are a matter of public record and 
available for public inspection, except where otherwise provided under 
existing law, or under existing Executive order pursuant to existing 
law.

             private voluntary organizations--documentation

          Sec. 550. None of the funds appropriated or made available 
pursuant to this Act shall be available to a private voluntary 
organization which fails to provide upon timely request any document, 
file, or record necessary to the auditing requirements of the Agency 
for International Development.

  prohibition on assistance to foreign governments that export lethal 
   military equipment to countries supporting international terrorism

          Sec. 551. (a) None of the funds appropriated or otherwise 
made available by this Act may be available to any foreign government 
which provides lethal military equipment to a country the government of 
which the Secretary of State has determined is a terrorist government 
for purposes of section 40(d) of the Arms Export Control Act. The 
prohibition under this section with respect to a foreign government 
shall terminate 12 months after that government ceases to provide such 
military equipment. This section applies with respect to lethal 
military equipment provided under a contract entered into after the 
date of enactment of this Act.
          (b) Assistance restricted by subsection (a) or any other 
similar provision of law, may be furnished if the President determines 
that furnishing such assistance is important to the national interests 
of the United States.
          (c) Whenever the waiver of subsection (b) is exercised, the 
President shall submit to the appropriate congressional committees a 
report with respect to the furnishing of such assistance. Any such 
report shall include a detailed explanation of the assistance to be 
provided, including the estimated dollar amount of such assistance, and 
an explanation of how the assistance furthers United States national 
interests.

 withholding of assistance for parking fines owed by foreign countries

          Sec. 552. (a) In General.--Of the funds made available for a 
foreign country under part I of the Foreign Assistance Act of 1961, an 
amount equivalent to 110 percent of the total unpaid fully adjudicated 
parking fines and penalties owed to the District of Columbia by such 
country as of the date of enactment of this Act shall be withheld from 
obligation for such country until the Secretary of State certifies and 
reports in writing to the appropriate congressional committees that 
such fines and penalties are fully paid to the government of the 
District of Columbia.
          (b) Definition.--For purposes of this section, the term 
``appropriate congressional committees'' means the Committee on Foreign 
Relations and the Committee on Appropriations of the Senate and the 
Committee on International Relations and the Committee on 
Appropriations of the House of Representatives.

    limitation on assistance for the plo for the west bank and gaza

          Sec. 553. None of the funds appropriated by this Act may be 
obligated for assistance for the Palestine Liberation Organization for 
the West Bank and Gaza unless the President has exercised the authority 
under section 604(a) of the Middle East Peace Facilitation Act of 1995 
(title VI of Public Law 104-107) or any other legislation to suspend or 
make inapplicable section 307 of the Foreign Assistance Act of 1961 and 
that suspension is still in effect: Provided, That if the President 
fails to make the certification under section 604(b)(2) of the Middle 
East Peace Facilitation Act of 1995 or to suspend the prohibition under 
other legislation, funds appropriated by this Act may not be obligated 
for assistance for the Palestine Liberation Organization for the West 
Bank and Gaza.

                 export financing transfer authorities

          Sec. 554. Not to exceed 5 percent of any appropriation other 
than for administrative expenses made available for fiscal year 1997 
for programs under title I of this Act may be transferred between such 
appropriations for use for any of the purposes, programs and activities 
for which the funds in such receiving account may be used, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 25 percent by any such transfer: Provided, That 
the exercise of such authority shall be subject to the regular 
notification procedures of the Committees on Appropriations.

                          war crimes tribunals

          Sec. 555. If the President determines that doing so will 
contribute to a just resolution of charges regarding genocide or other 
violations of international humanitarian law, the President may direct 
a drawdown pursuant to section 552(c) of the Foreign Assistance Act of 
1961, as amended, of up to $25,000,000 of commodities and services for 
the United Nations War Crimes Tribunal established with regard to the 
former Yugoslavia by the United Nations Security Council or such other 
tribunals or commissions as the Council may establish to deal with such 
violations, without regard to the ceiling limitation contained in 
paragraph (2) thereof: Provided, That the determination required under 
this section shall be in lieu of any determinations otherwise required 
under section 552(c): Provided further, That 60 days after the date of 
enactment of this Act, and every 180 days thereafter, the Secretary of 
State shall submit a report to the Committees on Appropriations 
describing the steps the United States Government is taking to collect 
information regarding allegations of genocide or other violations of 
international law in the former Yugoslavia and to furnish that 
information to the United Nations War Crimes Tribunal for the former 
Yugoslavia.

                               landmines

          Sec. 556. Notwithstanding any other provision of law, 
demining equipment available to the Agency for International 
Development and the Department of State and used in support of the 
clearing of landmines and unexploded ordnance for humanitarian purposes 
may be disposed of on a grant basis in foreign countries, subject to 
such terms and conditions as the President may prescribe: Provided, 
That section 1365(c) of the National Defense Authorization Act for 
Fiscal Year 1993 (Public Law 102-484; 22 U.S.C., 2778 note) is amended 
by striking out ``During the five-year period beginning on October 23, 
1992'' and inserting in lieu thereof ``During the eight-year period 
beginning on October 23, 1992''.

           restrictions concerning the palestinian authority

          Sec. 557. None of the funds appropriated by this Act may be 
obligated or expended to create in any part of Jerusalem a new office 
of any department or agency of the United States Government for the 
purpose of conducting official United States Government business with 
the Palestinian Authority over Gaza and Jericho or any successor 
Palestinian governing entity provided for in the Israel-PLO Declaration 
of Principles: Provided, That this restriction shall not apply to the 
acquisition of additional space for the existing Consulate General in 
Jerusalem: Provided further, That meetings between officers and 
employees of the United States and officials of the Palestinian 
Authority, or any successor Palestinian governing entity provided for 
in the Israel-PLO Declaration of Principles, for the purpose of 
conducting official United States Government business with such 
authority should continue to take place in locations other than 
Jerusalem. As has been true in the past, officers and employees of the 
United States Government may continue to meet in Jerusalem on other 
subjects with Palestinians (including those who now occupy positions in 
the Palestinian Authority), have social contacts, and have incidental 
discussions.

               prohibition of payment of certain expenses

          Sec. 558. None of the funds appropriated or otherwise made 
available by this Act under the heading ``international military 
education and training'' or ``foreign military financing program'' for 
Informational Program activities may be obligated or expended to pay 
for--
            (1) alcoholic beverages;
            (2) food (other than food provided at a military 
        installation) not provided in conjunction with Informational 
        Program trips where students do not stay at a military 
        installation; or
            (3) entertainment expenses for activities that are 
        substantially of a recreational character, including entrance 
        fees at sporting events and amusement parks.

                         humanitarian corridors

          Sec. 559. The Foreign Assistance Act of 1961 is amended by 
adding immediately after section 620H the following new section:
          ``Sec. 620I. Prohibition on Assistance to Countries That 
Restrict United States Humanitarian Assistance.--
            ``(a) In general.--No assistance shall be furnished under 
        this Act or the Arms Export Control Act to any country when it 
        is made known to the President that the government of such 
        country prohibits or otherwise restricts, directly or 
        indirectly, the transport or delivery of United States 
        humanitarian assistance.
            ``(b) Exception.--Assistance may be furnished without 
        regard to the restriction in subsection (a) if the President 
        determines that to do so is in the national security interest 
        of the United States.
            ``(c) Notice.--Prior to making any determination under 
        subsection (b), the President shall notify the Committee on 
        International Relations, the Committee on Foreign Relations, 
        and the Committees on Appropriations of the Senate and House of 
        Representatives of his intention to make such a determination, 
        the effective date of the determination, and the reasons for 
        making the determination.''.

                     equitable allocation of funds

          Sec. 560. Not more than 20 percent of the funds appropriated 
by this Act to carry out the provisions of sections 103 through 106 and 
chapter 4 of part II of the Foreign Assistance Act of 1961, that are 
made available for Latin America and the Caribbean region may be made 
available, through bilateral and Latin America and the Caribbean 
regional programs, to provide assistance for any country in such 
region.

            purchase of american-made equipment and products

          Sec. 561. (a) Sense of Congress.--It is the sense of the 
Congress that, to the greatest extent practicable, all equipment and 
products purchased with funds made available in this Act should be 
American-made.
          (b) Notice Requirement.--In providing financial assistance 
to, or entering into any contract with, any entity using funds made 
available in this Act, the head of each Federal agency, to the greatest 
extent practicable, shall provide to such entity a notice describing 
the statement made in subsection (a) by the Congress.

        limitation of funds for north american development bank

          Sec. 562. None of the Funds appropriated in this Act under 
the heading ``North American Development Bank'' and made available for 
the Community Adjustment and Investment Program shall be used for 
purposes other than those set out in the binational agreement 
establishing the Bank.

                 international development association

          Sec. 563. In order to pay for the United States contribution 
to the tenth replenishment of the resources of the International 
Development Association authorized in section 526 of Public Law 103-87, 
there is authorized to be appropriated, without fiscal year limitation, 
$700,000,000 for payment by the Secretary of the Treasury.

                  special debt relief for the poorest

          Sec. 564. (a) Authority To Reduce Debt.--The President may 
reduce amounts owed to the United States (or any agency of the United 
States) by an eligible country as a result of--
            (1) guarantees issued under sections 221 and 222 of the 
        Foreign Assistance Act of 1961; or
            (2) credits extended or guarantees issued under the Arms 
        Export Control Act.
          (b) Limitations.--
            (1) The authority provided by subsection (a) may be 
        exercised only to implement multilateral official debt relief 
        and referendum agreements, commonly referred to as ``Paris Club 
        Agreed Minutes''.
            (2) The authority provided by subsection (a) may be 
        exercised only in such amounts or to such extent as is provided 
        in advance by appropriations Acts.
            (3) The authority provided by subsection (a) may be 
        exercised only with respect to countries with heavy debt 
        burdens that are eligible to borrow from the International 
        Development Association, but not from the International Bank 
        for Reconstruction and Development, commonly referred to as 
        ``IDA-only'' countries.
          (c) Conditions.--The authority provided by subsection (a) may 
be exercised only with respect to a country whose government--
            (1) does not have an excessive level of military 
        expenditures;
            (2) has not repeatedly provided support for acts of 
        international terrorism;
            (3) is not failing to cooperate on international narcotics 
        control matters;
            (4) (including its military or other security forces) does 
        not engage in a consistent pattern of gross violations of 
        internationally recognized human rights; and
            (5) is not ineligible for assistance because of the 
        application of section 527 of the Foreign Relations 
        Authorization Act, fiscal years 1994 and 1995.
          (d) Availability of Funds.--The authority provided by 
subsection (a) may be used only with regard to funds appropriated by 
this Act under the heading ``Debt restructuring''.
          (e) Certain Prohibitions Inapplicable.--A reduction of debt 
pursuant to subsection (a) shall not be considered assistance for 
purposes of any provision of law limiting assistance to a country. The 
authority provided by subsection (a) may be exercised notwithstanding 
section 620(r) of the Foreign Assistance Act of 1961.

             authority to engage in debt buybacks or sales

          Sec. 565. (a) Loans Eligible for Sale, Reduction, or 
Cancellation.--
            (1) Authority to sell, reduce, or cancel certain loans.--
        Notwithstanding any other provision of law, the President may, 
        in accordance with this section, sell to any eligible purchaser 
        any concessional loan or portion thereof made before January 1, 
        1995, pursuant to the Foreign Assistance Act of 1961, to the 
        government of any eligible country as define in section 702(6) 
        of that Act or on receipt of payment from an eligible 
        purchaser, reduce or cancel such loan or portion thereof, only 
        for the purpose of facilitating--
                    (A) debt-for-equity swaps, debt-for-development 
                swaps, or debt-for-nature swaps; or
                    (B) a debt buyback by an eligible country of its 
                own qualified debt, only if the eligible country uses 
                an additional amount of the local currency of the 
                eligible country, equal to not less than 40 percent of 
                the price paid for such debt by such eligible country, 
                or the difference between the price paid for such debt 
                and the face value of such debt, to support activities 
                that link conservation and sustainable use of natural 
                resources with local community development, and child 
                survival and other child development, in a manner 
                consistent with sections 707 through 710 of the Foreign 
                Assistance Act of 1961, if the sale, reduction, or 
                cancellation would not contravene any term or condition 
                of any prior agreement relating to such loan.
            (2) Terms and conditions.--Notwithstanding any other 
        provision of law, the President shall, in accordance with this 
        section, establish the terms and conditions under which loans 
        may be sold, reduced, or canceled pursuant to this section.
            (3) Administration.--The Facility, as defined in section 
        702(8) of the Foreign Assistance Act of 1961, shall notify the 
        administrator of the agency primarily responsible for 
        administering part I of the Foreign Assistance Act of 1961 of 
        purchasers that the President has determined to be eligible, 
        and shall direct such agency to carry out the sale, reduction, 
        or cancellation of a loan pursuant to this section. Such agency 
        shall make an adjustment in its accounts to reflect the sale, 
        reduction, or cancellation.
            (4) Limitation.--The authorities of this subsection shall 
        be available only to the extent that appropriations for the 
        cost of the modification, as defined in section 502 of the 
        Congressional Budget Act of 1974, are made in advance.
          (b) Deposit of Proceeds.--The proceeds from the sale, 
reduction, or cancellation of any loan sold, reduced, or canceled 
pursuant to this section shall be deposited in the United States 
Government account or accounts established for the repayment of such 
loan.
          (c) Eligible Purchasers.--A loan may be sold pursuant to 
subsection (a)(1)(A) only to a purchaser who presents plans 
satisfactory to the President for using the loan for the purpose of 
engaging in debt-for-equity swaps, debt-for-development swaps, or debt-
for-nature swaps.
          (d) Debtor Consultations.--Before the sale to any eligible 
purchaser, or any reduction or cancellation pursuant to this section, 
of any loan made to an eligible country, the President should consult 
with the country concerning the amount of loans to be sold, reduced, or 
canceled and their uses for debt-for-equity swaps, debt-for-development 
swaps, or debt-for-nature swaps.
          (e) Availability of Funds.--The authority provided by 
subsection (a) may be used only with regard to funds appropriated by 
this Act under the heading ``Debt restructuring''.

                                liberia

          Sec. 566. Funds appropriated by this Act may be made 
available for assistance for Liberia notwithstanding section 620(q) of 
the Foreign Assistance Act of 1961 and section 512 of this Act.

                               guatemala

          Sec. 567. (a) Funds provided in this Act may be made 
available for the Guatemalan military forces, and the restrictions on 
Guatemala under the headings ``International Military Education and 
Training'' and ``Foreign Military Financing Program'' shall not apply, 
only if the President determines and certifies to the Congress that the 
Guatemalan military is cooperating fully with efforts to resolve human 
rights abuses which elements of the Guatemalan military forces are 
alleged to have committed, ordered or attempted to thwart the 
investigation of, and with efforts to negotiate a peace settlement.
          (b) The prohibition contained in subsection (a) shall not 
apply to funds made available to implement a ceasefire or peace 
agreement.
          (c) Any funds made available pursuant to subsections (a) or 
(b) shall be subject to the regular notification procedures of the 
Committees on Appropriations.
          (d) Any funds made available pursuant to subsections (a) and 
(b) for international military education and training may only be for 
expanded international military education and training.

          sanctions against countries harboring war criminals

          Sec. 568. (a) Bilateral Assistance.--The President is 
authorized to withhold funds appropriated by this Act under the Foreign 
Assistance Act of 1961 or the Arms Export Control Act for any country 
described in subsection (c).
          (b) Multilateral Assistance.--The Secretary of the Treasury 
should instruct the United States executive directors of the 
international financial institutions to work in opposition to, and vote 
against, any extension by such institutions of financing or financial 
or technical assistance to any country described in subsection (c).
          (c) Sanctioned Countries.--A country described in this 
subsection is a country the government of which knowingly grants 
sanctuary to persons in its territory for the purpose of evading 
prosecution, where such persons--
            (1) have been indicted by the International Criminal 
        Tribunal for the former Yugoslavia, the International Criminal 
        Tribunal for Rwanda, or any other international tribunal with 
        similar standing under international law, or
            (2) have been indicted for war crimes or crimes against 
        humanity committed during the period beginning March 23, 1933 
        and ending on May 8, 1945 under the direction of, or in 
        association with--
                    (A) the Nazi government of Germany;
                    (B) any government in any area occupied by the 
                military forces of the Nazi government of Germany;
                    (C) any government which was established with the 
                assistance or cooperation of the Nazi government; or
          (D) any government which was an ally of the Nazi government 
of Germany.

                   limitation on assistance for haiti

          Sec. 569. (a) Limitation.--None of the funds appropriated or 
otherwise made available by this Act, may be provided to the Government 
of Haiti until the President reports to Congress that--
            (1) the Government is conducting thorough investigations of 
        extrajudicial and political killings; and
            (2) the Government is cooperating with United States 
        authorities in the investigations of political and 
        extrajudicial killings.
          (b) Nothing in this section shall be construed to restrict 
the provision of humanitarian, development, or electoral assistance.
          (c) The President may waive the requirements of this section 
on a semiannual basis if he determines and certifies to the appropriate 
committees of Congress that it is in the national interest of the 
United States.

                          policy toward burma

          Sec. 570. (a) Until such time as the President determines and 
certifies to Congress that Burma has made measurable and substantial 
progress in improving human rights practices and implementing 
democratic government, the following sanctions shall be imposed on 
Burma:
            (1) Bilateral assistance.--There shall be no United States 
        assistance to the Government of Burma, other than:
                    (A) humanitarian assistance,
                    (B) subject to the regular notification procedures 
                of the Committees on Appropriations, counter-narcotics 
                assistance under chapter 8 of part I of the Foreign 
                Assistance Act of 1961, or crop substitution 
                assistance, if the Secretary of State certifies to the 
                appropriate congressional committees that--
                            (i) the Government of Burma is fully 
                        cooperating with United States counter-
                        narcotics efforts, and
                            (ii) the programs are fully consistent with 
                        United States human rights concerns in Burma 
                        and serve the United States national interest, 
                        and
                    (C) assistance promoting human rights and 
                democratic values.
            (2) Multilateral assistance.--The Secretary of the Treasury 
        shall instruct the United States executive director of each 
        international financial institution to vote against any loan or 
        other utilization of funds of the respective bank to or for 
        Burma.
            (3) Visas.--Except as required by treaty obligations or to 
        staff the Burmese mission to the United States, the United 
        States should not grant entry visas to any Burmese government 
        official.
          (b) Conditional Sanctions.--The President is hereby 
authorized to prohibit, and shall prohibit United States persons from 
new investment in Burma, if the President determines and certifies to 
Congress that, after the date of enactment of this Act, the Government 
of Burma has physically harmed, rearrested for political acts, or 
exiled Daw Aung San Suu Kyi or has committed large-scale repression of 
or violence against the Democratic opposition.
          (c) Multilateral Strategy.--The President shall seek to 
develop, in coordination with members of ASEAN and other countries 
having major trading and investment interests in Burma, a 
comprehensive, multilateral strategy to bring democracy to and improve 
human rights practices and the quality of life in Burma, including the 
development of a dialogue between the State Law and Order Restoration 
Council (SLORC) and democratic opposition groups within Burma.
          (d) Presidential Reports.--Every six months following the 
enactment of this Act, the President shall report to the Chairmen of 
the Committee on Foreign Relations, the Committee on International 
Relations and the House and Senate Appropriations Committees on the 
following:
            (1) progress toward democratization in Burma;
            (2) progress on improving the quality of life of the 
        Burmese people, including progress on market reforms, living 
        standards, labor standards, use of forced labor in the tourism 
        industry, and environmental quality; and
            (3) progress made in developing the strategy referred to in 
        subsection (c).
          (e) Waiver Authority.--The President shall have the authority 
to waive, temporarily or permanently, any sanction referred to in 
subsection (a) or subsection (b) if he determines and certifies to 
Congress that the application of such sanction would be contrary to the 
national security interests of the United States.
          (f) Definitions.--
            (1) The term ``international financial institutions'' shall 
        include the International Bank for Reconstruction and 
        Development, the International Development Association, the 
        International Finance Corporation, the Multilateral Investment 
        Guarantee Agency, the Asian Development Bank, and the 
        International Monetary Fund.
            (2) The term ``new investment'' shall mean any of the 
        following activities if such an activity is undertaken pursuant 
        to an agreement, or pursuant to the exercise of rights under 
        such an agreement, that is entered into with the Government of 
        Burma or a nongovernmental entity in Burma, on or after the 
        date of the certification under subsection (b):
                    (A) the entry into a contract that includes the 
                economical development of resources located in Burma, 
                or the entry into a contract providing for the general 
                supervision and guarantee of another person's 
                performance of such a contract;
                    (B) the purchase of a share of ownership, including 
                an equity interest, in that development;
                    (C) the entry into a contract providing for the 
                participation in royalties, earnings, or profits in 
                that development, without regard to the form of the 
                participation:

        Provided, That the term ``new investment'' does not include the 
        entry into, performance of, or financing of a contract to sell 
        or purchase goods, services, or technology.

                       report regarding hong kong

          Sec. 571. In light of the deficiencies in reports submitted 
to the Congress pursuant to section 301 of the United States-Hong Kong 
Policy Act (22 U.S.C. 5731), the Congress directs that the additional 
report required to be submitted during 1997 under such section include 
detailed information on the status of, and other developments 
affecting, implementation of the Sino-British Joint Declaration on the 
Question of Hong King, including--
            (1) the Basic Law and its consistency with the Joint 
        Declaration;
            (2) Beijing's plans to replace the elected legislature with 
        an appointed body;
            (3) the openness and fairness of the election of the chief 
        executive and the executive's accountability to the 
        legislature;
            (4) the treatment of political parties;
            (5) the independence of the Judiciary and its ability to 
        exercise the power of final judgment over Hong Kong law; and
            (6) the Bill of Rights.

       use of funds for purchase of products not made in america

          Sec. 572. The Administrator of the Agency for International 
Development shall provide a report to the appropriate committees of the 
Congress on the ability of the United States Government to implement a 
provision of law (and on the foreign policy implications of such a 
provision of law) which would require that United States funds could be 
made available to the government of a foreign country for the purchase 
of any equipment or products only if such purchases were to occur in 
such foreign country or the United States, and substantially similar 
equipment and products were made in the United States and available for 
purchase at a price that is not more than 10 percent higher than that 
in other countries.

                          conflict in chechnya

          Sec. 573. The Secretary of State shall provide to the 
Committees on Appropriations no later than 30 days from the date of 
enactment of this Act a detailed report on actions undertaken by the 
United States Government to resolve the conflict in Chechnya.

              extension of certain adjudication provisions

          Sec. 575. The Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1990 (Public Law 101-167) is 
amended--
            (1) in section 599D (8 U.S.C. 1157 note)--
                    (A) in subsection (b)(3), by striking ``and 1996'' 
                and inserting ``1996, and 1997''; and
                    (B) in subsection (e), by striking out ``October 1, 
                1996'' each place it appears and inserting ``October 1, 
                1997''; and
            (2) in section 599E (8 U.S.C. 1255 note) in subsection 
        (b)(2), by striking out ``September 30, 1996'' and inserting 
        ``September 30, 1997''.

                        transparency of budgets

          Sec. 576. (a) Limitation.--Beginning three years after the 
date of the enactment of this Act, the Secretary of the Treasury shall 
instruct the United States Executive Director of each international 
financial institution to use the voice and vote of the United States to 
oppose any loan or other utilization of the funds of their respective 
institution, other than to address basic human needs, for the 
government of any country which the Secretary of the Treasury 
determines--
            (1) does not have in place a functioning system for a 
        civilian audit of all receipts and expenditures that fund 
        activities of the armed forces and security forces;
            (2) has not provided a summary of a current audit to the 
        institution.
          (b) Definition.--For purposes of this section, the term 
``international financial institution'' shall include the institutions 
identified in section 532(b) of this Act.

                               guarantees

          Sec. 577. Section 251(b)(2)(G) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 is amended by striking ``fiscal 
year 1994 and 1995'' and inserting in lieu thereof ``fiscal years 1994, 
1995, and 1997'' in both places that this appears.

information on cooperation with united states anti-terrorism efforts in 
                  annual country reports on terrorism

          Sec. 578. Section 140 of the Foreign Relations Authorization 
Act, fiscal years 1988 and 1989 (22 U.S.C. 2656f) is amended--
            (1) in subsection (a)--
                    (A) by striking ``and'' at the end of paragraph 
                (1);
                    (B) by striking the period at the end of paragraph 
                (2) and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(3) with respect to each foreign country from which the 
        United States Government has sought cooperation during the 
        previous five years in the investigation or prosecution of an 
        act of international terrorism against United States citizens 
        or interests, information on--
                    ``(A) the extent to which the government of the 
                foreign country is cooperating with the United States 
                Government in apprehending, convicting, and punishing 
                the individual or individuals responsible for the act; 
                and
                    ``(B) the extent to which the government of the 
                foreign country is cooperating in preventing further 
                acts of terrorism against United States citizens in the 
                foreign country; and
            ``(4) with respect to each foreign country from which the 
        United States Government has sought cooperation during the 
        previous five years in the prevention of an act of 
        international terrorism against such citizens or interests, the 
        information described in paragraph (3)(B).''; and
            (2) in subsection (c)--
                    (A) by striking ``The report'' and inserting ``(1) 
                Except as provided in paragraph (2), the report'';
                    (B) by indenting the margin of paragraph (1) as so 
                designated, 2 ems; and
                    (C) by adding at the end the following:
            ``(2) If the Secretary of State determines that the 
        transmittal of the information with respect to a foreign 
        country under paragraph (3) or (4) of subsection (a) in 
        classified form would make more likely the cooperation of the 
        government of the foreign country as specified in such 
        paragraph, the Secretary may transmit the information under 
        such paragraph in classified form.''.

                       female genital mutilation

          Sec. 579. (a) Limitation.--Beginning 1 year after the date of 
the enactment of this Act, the Secretary of the Treasury shall instruct 
the United States Executive Director of each international financial 
institution to use the voice and vote of the United States to oppose 
any loan or other utilization of the funds of their respective 
institution, other than to address basic human needs, for the 
government of any country which the Secretary of the Treasury 
determines--
            (1) has, as a cultural custom, a known history of the 
        practice of female genital mutilation; and
            (2) has not taken steps to implement educational programs 
        designed to prevent the practice of female genital mutilation.
          (B) Definition.--For purposes of this section, the term 
``international financial institution'' shall include the institutions 
identified in section 532(b) of this Act.

  requirement for disclosure of foreign aid in report of secretary of 
                                 state

          Sec. 580. (a) Foreign Aid Reporting Requirement.--In addition 
to the voting practices of a foreign country, the report required to be 
submitted to Congress under section 406(a) of the Foreign Relations 
Authorization Act fiscal years 1990 and 1991 (22 U.S.C. 2414a), shall 
include a side-by-side comparison of individual countries' overall 
support for the United States at the United Nations and the amount of 
United States assistance provided to such country in fiscal year 1996.
          (b) United States Assistance.--For purposes of this section, 
the term ``United States assistance'' has the meaning given the term in 
section 481(e)(4) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2291(e)(4)).

   restrictions on voluntary contributions to united nations agencies

          Sec. 581. (a)  Prohibition on Voluntary Contributions for the 
United Nations.--None of the funds appropriated or otherwise made 
available by this Act may be made available to pay any voluntary 
contribution of the United States to the United Nations (including the 
United Nations Development Program) if the United Nations implements or 
imposes any taxation on any United States persons.
          (b) Certification Required for Disbursement of Funds.--None 
of the funds appropriated or otherwise made available under this Act 
may be made available to pay any voluntary contribution of the United 
States to the United Nations (including the United Nations Development 
Program) unless the President certifies to the Congress 15 days in 
advance of such payment that the United Nations is not engaged in any 
effort to implement or impose any taxation on United States persons in 
order to raise revenue for the United Nations or any of its specialized 
agencies.
          (c) Definitions.--As used in this section the term ``United 
States person'' refers to--
            (1) a natural person who is a citizen or national of the 
        United States; or
            (2) a corporation, partnership, or other legal entity 
        organized under the United States or any State, territory, 
        possession, or district of the United States.

                                 haiti

          Sec. 582. The Government of Haiti shall be eligible to 
purchase defense articles and services under the Arms Export Control 
Act (22 U.S.C. 2751 et seq.), for the civilian-led Haitian National 
Police and Coast Guard: Provided, That the authority provided by this 
section shall be subject to the regular notification procedures of the 
Committees on Appropriations.

refugee status for adult children of former vietnamese reeducation camp 
        internees resettled under the orderly departure program

          Sec. 584. (a) Eligibility for Orderly Departure Program.--For 
purposes of eligibility for the Orderly Departure Program for nationals 
of Vietnam, during fiscal year 1997, an alien described in subsection 
(b) shall be considered to be a refugee of special humanitarian concern 
to the United States within the meaning of section 207 of the 
Immigration and Nationality Act (8 U.S.C. 1157) and shall be admitted 
to the United States for resettlement if the alien would be admissible 
as an immigrant under the Immigration and Nationality Act (except as 
provided in section 207(c)(3) of that Act).
          (b) Aliens Covered.--An alien described in this subsection is 
an alien who--
            (1) is the son or daughter of a national of Vietnam who--
                    (A) was formerly interned in a reeducation camp in 
                Vietnam by the Government of the Socialist Republic of 
                Vietnam; and
                    (B) has been accepted for resettlement as a refugee 
                under the Orderly Departure Program on or after April 
                1, 1995;
            (2) is 21 years of age or older; and
            (3) was unmarried as of the date of acceptance of the 
        alien's parent for resettlement under the Orderly Departure 
        Program.
          (c) Supersedes Existing Law.--This section supersedes any 
other provision of law.

                              north korea

          Sec. 585. Ninety days after the date of enactment of this 
Act, and every 180 days thereafter, the Secretary of State, in 
consultation with the Secretary of Defense, shall provide a report in a 
classified or unclassified form to the Committee on Appropriations 
including the following information:
            (a) a best estimate on fuel used by the military forces of 
        the Democratic People's Republic of Korea (DPRK);
            (b) the deployment position and military training and 
        activities of the DPRK forces and best estimate of the 
        associated costs of these activities;
            (c) steps taken to reduce the DPRK level of forces; and
            (d) cooperation, training, or exchanges of information, 
        technology or personnel between the DPRK and any other nation 
        supporting the development or deployment of a ballistic missile 
        capability.

                   limitation on assistance to mexico

          Sec. 587. Not less than $2,500,000 of the funds appropriated 
or otherwise made available by this Act for the Government of Mexico 
shall be withheld from obligation until the President has determined 
and reported to Congress that--
            (1) the Government of Mexico is taking actions to reduce 
        the amount of illegal drugs entering the United States from 
        Mexico; and
            (2) the Government of Mexico--
                    (A) is taking effective actions to apply vigorously 
                all law enforcement resources to investigate, track, 
                capture, incarcerate, and prosecute individuals 
                controlling, supervising, or managing international 
                narcotics cartels or other similar entities and the 
                accomplices of such individuals, individuals 
                responsible for, or otherwise involved in, corruption, 
                and individuals involved in money-laundering;
                    (B) is pursuing international anti-drug trafficking 
                initiatives;
                    (C) is cooperating fully with international efforts 
                at narcotics interdiction; and
                    (D) is cooperating fully with requests by the 
                United States for assistance in investigations of 
                money-laundering violations and is making progress 
                toward implementation of effective laws to prohibit 
                money-laundering.

                   limitation of assistance to turkey

          Sec. 588. Not more than $22,000,000 of the funds appropriated 
in this Act under the heading ``Economic Support Fund'' may be made 
available to the Government of Turkey.

         civil liability for acts of state sponsored terrorism

          Sec. 589. (a) an official, employee, or agent of a foreign 
state designated as a state sponsor of terrorism designated under 
section 6(j) of the Export Administration Act of 1979 while acting 
within the scope of his or her office, employment, or agency shall be 
liable to a United States national or the national's legal 
representative for personal injury or death caused by acts of that 
official, employee, or agent for which the courts of the United States 
may maintain jurisdiction under section 1605(a)(7) of title 28, United 
States Code, for money damages which may include economic damages, 
solatium, pain, and suffering, and punitive damages if the acts were 
among those described in section 1605(a)(7).
          (b) Provisions related to statute of limitations and 
limitations on discovery that would apply to an action brought under 28 
U.S.C. 1605(f) and (g) shall also apply to actions brought under this 
section. No action shall be maintained under this action if an 
official, employee, or agent of the United States, while acting within 
the scope of his or her office, employment, or agency would not be 
liable for such acts if carried out within the United States.
          Titles I through V of this Act may be cited as the ``Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1997''.

          TITLE VI--NATO ENLARGEMENT FACILITATION ACT OF 1996

SEC. 601. SHORT TITLE.

          This title may be cited as the ``NATO Enlargement 
Facilitation Act of 1996''.

SEC. 602. FINDINGS.

          The Congress makes the following findings:
            (1) Since 1949, the North Atlantic Treaty Organization 
        (NATO) has played an essential role in guaranteeing the 
        security, freedom, and prosperity of the United States and its 
        partners in the Alliance.
            (2) The NATO Alliance is, and has been since its inception, 
        purely defensive in character, and it poses no threat to any 
        nation. The enlargement of the NATO Alliance to include as full 
        and equal members emerging democracies in Central and Eastern 
        Europe will serve to reinforce stability and security in Europe 
        by fostering their integration into the structures which have 
        created and sustained peace in Europe since 1945. Their 
        admission into NATO will not threaten any nation. America's 
        security, freedom, and prosperity remain linked to the security 
        of the countries of Europe.
            (3) The sustained commitment of the member countries of 
        NATO to a mutual defense has made possible the democratic 
        transformation of Central and Eastern Europe. Members of the 
        Alliance can and should play a critical role in addressing the 
        security challenges of the post-Cold War era and in creating 
        the stable environment needed for those emerging democracies in 
        Central and Eastern Europe to successfully complete political 
        and economic transformation.
            (4) The United States continues to regard the political 
        independence and territorial integrity of all emerging 
        democracies in Central and Eastern Europe as vital to European 
        peace and security.
            (5) The active involvement by the countries of Central and 
        Eastern Europe has made the Partnership for Peace program an 
        important forum to foster cooperation between NATO and those 
        countries seeking NATO membership.
            (6) NATO has enlarged its membership on 3 different 
        occasions since 1949.
            (7) Congress supports the admission of qualified new 
        members to NATO and the European Union at an early date and has 
        sought to facilitate the admission of qualified new members 
        into NATO.
            (8) Lasting security and stability in Europe requires not 
        only the military integration of emerging democracies in 
        Central and Eastern Europe into existing European structures, 
        but also the eventual economic and political integration of 
        these countries into existing European structures.
            (9) As new members of NATO assume the responsibilities of 
        Alliance membership, the costs of maintaining stability in 
        Europe should be shared more widely. Facilitation of the 
        enlargement process will require current members of NATO, and 
        the United States in particular, to demonstrate the political 
        will needed to build on successful ongoing programs such as the 
        Warsaw Initiative and the Partnership for Peace by making 
        available the resources necessary to supplement efforts 
        prospective new members are themselves undertaking.
            (10) New members will be full members of the Alliance, 
        enjoying all rights and assuming all the obligations under the 
        North Atlantic Treaty, signed at Washington on April 4, 1949 
        (hereafter in this Act referred to as the ``Washington 
        Treaty'').
            (11) In order to assist emerging democracies in Central and 
        Eastern Europe that have expressed interest in joining NATO to 
        be prepared to assume the responsibilities of NATO membership, 
        the United States should encourage and support efforts by such 
        countries to develop force structures and force modernization 
        priorities that will enable such countries to contribute to the 
        full range of NATO missions, including, most importantly, 
        territorial defense of the Alliance.
            (12) Cooperative regional peacekeeping initiatives 
        involving emerging democracies in Central and Eastern Europe 
        that have expressed interest in joining NATO, such as the 
        Baltic Peacekeeping Battalion, the Polish-Lithuanian Joint 
        Peacekeeping Force, and the Polish-Ukrainian Peacekeeping 
        Force, can make an important contribution to European peace and 
        security and international peacekeeping efforts, can assist 
        those countries preparing to assume the responsibilities of 
        possible NATO membership, and accordingly should receive 
        appropriate support from the United States.
            (13) NATO remains the only multilateral security 
        organization capable of conducting effective military 
        operations and preserving security and stability of the Euro-
        Atlantic region.
            (14) NATO is an important diplomatic forum and has played a 
        positive role in defusing tensions between members of the 
        Alliance and, as a result, no military action has occurred 
        between two Alliance member states since the inception of NATO 
        in 1949.
            (15) The admission to NATO of emerging democracies in 
        Central and Eastern Europe which are found to be in a position 
        to further the principles of the Washington Treaty would 
        contribute to international peace and enhance the security of 
        the region. Countries which have become democracies and 
        established market economies, which practice good neighborly 
        relations, and which have established effective democratic 
        civilian control over their defense establishments and attained 
        a degree of interoperability with NATO, should be evaluated for 
        their potential to further the principles of the Washington 
        Treaty.
            (16) Democratic civilian control of defense forces is an 
        essential element in the process of preparation for those 
        states interested in possible NATO membership.
            (17) Protection and promotion of fundamental freedoms and 
        human rights is an integral aspect of genuine security, and in 
        evaluating requests for membership in NATO, the human rights 
        records of the emerging democracies in Central and Eastern 
        Europe should be evaluated according to their commitments to 
        fulfill in good faith the human rights obligations of the 
        Charter of the United Nations, the principles of the Universal 
        Declaration on Human Rights, and the Helsinki Final Act.
            (18) A number of Central and Eastern European countries 
        have expressed interest in NATO membership, and have taken 
        concrete steps to demonstrate this commitment, including their 
        participation in Partnership for Peace activities.
            (19) The Caucasus region remains important geographically 
        and politically to the future security of Central Europe. As 
        NATO proceeds with the process of enlargement, the United 
        States and NATO should continue to examine means to strengthen 
        the sovereignty and enhance the security of United Nations 
        recognized countries in that region.
            (20) In recognition that not all countries which have 
        requested membership in NATO will necessarily qualify at the 
        same pace, the accession date for each new member will vary.
            (21) The provision of additional NATO transition assistance 
        should include those emerging democracies most ready for closer 
        ties with NATO and should be designed to assist other countries 
        meeting specified criteria of eligibility to move forward 
        toward eventual NATO membership.
            (22) The Congress of the United States finds in particular 
        that Poland, Hungary, and the Czech Republic have made 
        significant progress toward achieving the criteria set forth in 
        section 203(d)(3) of the NATO Participation Act of 1994 and 
        should be eligible for the additional assistance described in 
        this Act.
            (23) The evaluation of future membership in NATO for 
        emerging democracies in Central and Eastern Europe should be 
        based on the progress of those nations in meeting criteria for 
        NATO membership, which require enhancement of NATO's security 
        and the approval of all NATO members.
            (24) The process of NATO enlargement entails the consensus 
        agreement of the governments of all 16 NATO members and 
        ratification in accordance with their constitutional 
        procedures.
            (25) Some NATO members, such as Spain and Norway, do not 
        allow the deployment of nuclear weapons on their territory 
        although they are accorded the full collective security 
        guarantees provided by Article 5 of the Washington Treaty. 
        There is no a priori requirement for the stationing of nuclear 
        weapons on the territory of new NATO members, particularly in 
        the current security climate. However, NATO retains the right 
        to alter its security posture at any time as circumstances 
        warrant.

SEC. 603. UNITED STATES POLICY.

          It is the policy of the United States--
            (1) to join with the NATO allies of the United States to 
        adapt the role of the NATO Alliance in the post-Cold War world;
            (2) to actively assist the emerging democracies in Central 
        and Eastern Europe in their transition so that such countries 
        may eventually qualify for NATO membership;
            (3) to support the enlargement of NATO in recognition that 
        enlargement will benefit the interests of the United States and 
        the Alliance and to consider these benefits in any analysis of 
        the costs of NATO enlargement;
            (4) to ensure that all countries in Central and Eastern 
        Europe are fully aware of and capable of assuming the costs and 
        responsibilities of NATO membership, including the obligation 
        set forth in Article 10 of the Washington Treaty that new 
        members be able to contribute to the security of the North 
        Atlantic area; and
            (5) to work to define a constructive and cooperative 
        political and security relationship between an enlarged NATO 
        and the Russian Federation.

SEC. 604. SENSE OF THE CONGRESS REGARDING FURTHER ENLARGEMENT OF NATO.

          It is the sense of the Congress that in order to promote 
economic stability and security in Slovakia, Estonia, Latvia, 
Lithuania, Romania, Bulgaria, Albania, Moldova, and Ukraine--
            (1) the United States should continue and expand its 
        support for the full and active participation of these 
        countries in activities appropriate for qualifying for NATO 
        membership;
            (2) the United States Government should use all diplomatic 
        means available to press the European Union to admit as soon as 
        possible any country which qualifies for membership;
            (3) the United States Government and the North Atlantic 
        Treaty Organization should continue and expand their support 
        for military exercises and peacekeeping initiatives between and 
        among these nations, nations of the North Atlantic Treaty 
        Organization, and Russia; and
            (4) the process of enlarging NATO to include emerging 
        democracies in Central and Eastern Europe should not be limited 
        to consideration of admitting Poland, Hungary, the Czech 
        Republic, and Slovenia as full members of the NATO Alliance.

SEC. 605. SENSE OF THE CONGRESS REGARDING ESTONIA, LATVIA AND 
              LITHUANIA.

          In view of the forcible incorporation of Estonia, Latvia, 
Lithuania into the Soviet Union in 1940 under the Molotov-Ribbentrop 
Pact and the refusal of the United States and other countries to 
recognize that incorporation for over 50 years, it is the sense of the 
Congress that--
            (1) Estonia, Latvia, and Lithuania have valid historical 
        security concerns that must be taken into account by the United 
        States; and
            (2) Estonia, Latvia, and Lithuania should not be 
        disadvantaged in seeking to join NATO by virtue of their 
        forcible incorporation into the Soviet Union.

SEC. 606. DESIGNATION OF COUNTRIES ELIGIBLE FOR NATO ENLARGEMENT 
              ASSISTANCE.

          (a) In General.--The following countries are designated as 
eligible to receive assistance under the program established under 
section 203(a) of the NATO Participation Act of 1994 and shall be 
deemed to have been so designated pursuant to section 203(d)(1) of such 
Act: Poland, Hungary, and the Czech Republic.
          (b) Designation of Slovenia.--Effective 90 days after the 
date of enactment of this Act, Slovenia is designated as eligible to 
receive assistance under the program established under section 203(a) 
of the NATO Participation Act of 1994, and shall be deemed to have been 
so designated pursuant to section 203(d) of such Act, unless the 
President certifies to Congress prior to such effective date that 
Slovenia fails to meet the criteria under section 203(d)(3) of such 
Act.
          (c) Designation of Other Countries.--The President shall 
designate other emerging democracies in Central and Eastern Europe as 
eligible to receive assistance under the program established under 
section 203(a) of such Act if such countries--
            (1) have expressed a clear desire to join NATO;
            (2) have begun an individualized dialogue with NATO in 
        preparation for accession;
            (3) are strategically significant to an effective NATO 
        defense; and
            (4) meet the other criteria outlined in section 203(d)(3) 
        of the NATO Participation Act of 1994 (title II of Public Law 
        103-447; 22 U.S.C. 1928 note).
          (d) Rule of Construction.--Nothing in this section precludes 
the designation by the President of Estonia, Latvia, Lithuania, 
Romania, Slovakia, Bulgaria, Albania, Moldova, Ukraine, or any other 
emerging democracy in Central and Eastern Europe pursuant to section 
203(d) of the NATO Participation Act of 1994 as eligible to receive 
assistance under the program established under section 203(a) of such 
Act.

SEC. 607. AUTHORIZATION OF APPROPRIATIONS FOR NATO ENLARGEMENT 
              ASSISTANCE.

          (a) In General.--There are authorized to be appropriated 
$60,000,000 for fiscal year 1997 for the program established under 
section 203(a) of the NATO Participation Act of 1994.
          (b) Availability.--Of the funds authorized to be appropriated 
by subsection (a)--
            (1) not less than $20,000,000 shall be available for the 
        cost, as defined in section 502(5) of the Credit Reform Act of 
        1990, of direct loans pursuant to the authority of section 
        203(c)(4) of the NATO Participation Act of 1994 (relating to 
        the ``Foreign Military Financing Program'');
            (2) not less than $30,000,000 shall be available for 
        assistance on a grant basis pursuant to the authority of 
        section 203(c)(4) of the NATO Participation Act of 1994 
        (relating to the ``Foreign Military Financing Program''); and
            (3) not more than $10,000,000 shall be available for 
        assistance pursuant to the authority of section 203(c)(3) of 
        the NATO Participation Act of 1994 (relating to international 
        military education and training).
          (c) Rule of Construction.--Amounts authorized to be 
appropriated under this section are authorized to be appropriated in 
addition to such amounts as otherwise may be available for such 
purposes.

SEC. 608. REGIONAL AIRSPACE INITIATIVE AND PARTNERSHIP FOR PEACE 
              INFORMATION MANAGEMENT SYSTEM.

          (a) In General.--To the extent provided in advance in 
appropriations acts for such purposes, funds described in subsection 
(b) are authorized to be made available to support the implementation 
of the Regional Airspace Initiative and the Partnership for Peace 
Information Management System, including--
            (1) the procurement of items in support of these programs; 
        and
            (2) the transfer of such items to countries participating 
        in these programs.
          (b) Funds Described.--Funds described in this subsection are 
funds that are available--
            (1) during any fiscal year under the NATO Participation Act 
        of 1994 with respect to countries eligible for assistance under 
        that Act; or
            (2) during fiscal year 1997 under any Act to carry out the 
        Warsaw Initiative.

SEC. 609. EXCESS DEFENSE ARTICLES.

          (a) Priority Delivery.--Notwithstanding any other provision 
of law, the delivery of excess defense articles under the authority of 
section 203(c) (1) and (2) of the NATO Participation Act of 1994 and 
section 516 of the Foreign Assistance Act of 1961 shall be given 
priority to the maximum extent feasible over the delivery of such 
excess defense articles to all other countries except those countries 
referred to in section 541 of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1995 (Public Law 103-306; 108 
Stat. 1640).
          (b) Cooperative Regional Peacekeeping Initiatives.--The 
Congress encourages the President to provide excess defense articles 
and other appropriate assistance to cooperative regional peacekeeping 
initiatives involving emerging democracies in Central and Eastern 
Europe that have expressed an interest in joining NATO in order to 
enhance their ability to contribute to European peace and security and 
international peacekeeping efforts.

SEC. 610. MODERNIZATION OF DEFENSE CAPABILITY.

          The Congress endorses efforts by the United States to 
modernize the defense capability of Poland, Hungary, the Czech 
Republic, Slovenia, and any other countries designated by the President 
pursuant to section 203(d) of the NATO Participation Act of 1994, by 
exploring with such countries options for the sale or lease to such 
countries of weapons systems compatible with those used by NATO 
members, including air defense systems, advanced fighter aircraft, and 
telecommunications infrastructure.

SEC. 611. TERMINATION OF ELIGIBILITY.

          (a) Termination of Eligibility.--The eligibility of a country 
designated pursuant to subsection (a) or (b) of section 606 or pursuant 
to section 203(d) of the NATO Participation Act of 1994 may be 
terminated upon a determination by the President that such country does 
not meet the criteria set forth in section 203(d)(3) of the NATO 
Participation Act of 1994.
          (b) Notification.--At least 15 days before terminating the 
eligibility of any country pursuant to subsection (a), the President 
shall notify the congressional committees specified in section 634A of 
the Foreign Assistance Act of 1961 in accordance with the procedures 
applicable to reprogramming notifications under that section.

SEC. 612. CONFORMING AMENDMENTS TO THE NATO PARTICIPATION ACT.

          The NATO Participation Act of 1994 (title II of Public Law 
103-447; 22 U.S.C. 1928 note) is amended in sections 203(a), 203(d)(1), 
and 203(d)(2) by striking ``countries emerging from communist 
domination'' each place it appears and inserting ``emerging democracies 
in Central and Eastern Europe''.

                TITLE VII--MIDDLE EAST DEVELOPMENT BANK

SEC. 701. SHORT TITLE.

          This title may be cited as the ``Bank for Economic 
Cooperation and Development in the Middle East and North Africa Act.''.

SEC. 702. ACCEPTANCE OF MEMBERSHIP.

          The President is hereby authorized to accept membership for 
the United States in the Bank for Economic Cooperation and Development 
in the Middle East and North Africa (in this title referred to as the 
``Bank'') provided for by the agreement establishing the Bank (in this 
title referred to as the ``Agreement''), signed on May 31, 1996.

SEC. 703. GOVERNOR AND ALTERNATE GOVERNOR.

          (a) Appointment.--At the inaugural meeting of the Board of 
Governors of the Bank, the Governor and the alternate for the Governor 
of the International Bank for Reconstruction and Development, appointed 
pursuant to section 3 of the Bretton Woods Agreements Act, shall serve 
ex-officio as a Governor and the alternate for the Governor, 
respectively, of the Bank. The President, by and with the advice and 
consent of the Senate, shall appoint a Governor of the Bank and an 
alternate for the Governor.
          (b) Compensation.--Any person who serves as a Governor of the 
Bank or as an alternate for the Governor may not receive any salary or 
other compensation from the United States by reason of such service.

SEC. 704. APPLICABILITY OF CERTAIN PROVISIONS OF THE BRETTON WOODS 
              AGREEMENTS ACT.

          Section 4 of the Bretton Woods Agreements Act shall apply to 
the Bank in the same manner in which such section applies to the 
International Bank for Reconstruction and Development and the 
International Monetary Fund.

SEC. 705. FEDERAL RESERVE BANKS AS DEPOSITORIES.

          Any Federal Reserve Bank which is requested to do so by the 
Bank may act as its depository, or as its fiscal agent, and the Board 
of Governors of the Federal Reserve System shall exercise general 
supervision over the carrying out of these functions.

SEC. 706. SUBSCRIPTION OF STOCK.

          (a) Subscription Authority.--
            (1) In general.--The Secretary of the Treasury may 
        subscribe on behalf of the United States to not more than 
        7,011,270 shares of the capital stock of the Bank.
            (2) Effectiveness of subscription commitment.--Any 
        commitment to make such subscription shall be effective only to 
        such extent or in such amounts as are provided for in advance 
        by appropriations Acts.
          (b) Limitations on Authorization of Appropriations.--For 
payment by the Secretary of the Treasury of the subscription of the 
United States for shares described in subsection (a), there are 
authorized to be appropriated $1,050,007,800 without fiscal year 
limitation.
          (c) Limitations on Obligation of Appropriated Amounts for 
Shares of Capital Stock.--
            (1) Paid-in capital stock.--
                    (A) In general.--Not more than $105,000,000 of the 
                amounts appropriated pursuant to subsection (b) may be 
                obligated for subscription to shares of paid-in capital 
                stock.
                    (B) Fiscal year 1997.--Not more than $52,500,000 of 
                the amounts appropriated pursuant to subsection (b) for 
                fiscal year 1997 may be obligated for subscription to 
                shares of paid-in capital stock.
            (2) Callable capital stock.--Not more than $787,505,852 of 
        the amounts appropriated pursuant to subsection (b) may be 
obligated for subscription to shares of callable capital stock.
          (d) Disposition of Net Income Distributions by the Bank.--Any 
payment made to the United States by the Bank as a distribution of net 
income shall be covered into the Treasury as a miscellaneous receipt.

SEC. 707. JURISDICTION AND VENUE OF CIVIL ACTIONS BY OR AGAINST THE 
              BANK.

          (a) Jurisdiction.--The United States district courts shall 
have original and exclusive jurisdiction of any civil action brought in 
the United States by or against the Bank.
          (b) Venue.--For purposes of section 1391(b) of title 28, 
United States Code, the Bank shall be deemed to be a resident of the 
judicial district in which the principal office of the Bank in the 
United States, or its agent appointed for the purpose of accepting 
service or notice of service, is located.

SEC. 708. EFFECTIVENESS OF AGREEMENT.

          The Agreement shall have full force and effect in the United 
States, its territories and possessions, and the Commonwealth of Puerto 
Rico, upon acceptance of membership by the United States in the Bank 
and the entry into force of the Agreement.

SEC. 709. EXEMPTION FROM SECURITIES LAWS FOR CERTAIN SECURITIES ISSUED 
              BY THE BANK; REPORTS REQUIRED.

          (a) Exemption from Securities Laws; Reports to Securities and 
Exchange Commission.--Any securities issued by the Bank (including any 
guaranty by the Bank, whether or not limited in scope) in connection 
with borrowing of funds, or the guarantee of securities as to both 
principal and interest, shall be deemed to be exempted securities 
within the meaning of section 3(a)(2) of the Securities Act of 1933 and 
section 3(a)(12) of the Securities Exchange Act of 1934. The Bank shall 
file with the Securities and Exchange Commission such annual and other 
reports with regard to such securities as the Commission shall 
determine to be appropriate in view of the special character of the 
Bank and its operations and necessary in the public interest or for the 
protection of investors.
          (b) Authority of Securities and Exchange Commission to 
Suspend Exemption; Reports to the Congress.--The Securities and 
Exchange Commission, acting in consultation with such agency or officer 
as the President shall designate, may suspend the provisions of 
subsection (a) at any time as to any or all securities issued or 
guaranteed by the Bank during the period of such suspension. The 
Commission shall include in its annual reports to the Congress such 
information as it shall deem advisable with regard to the operations 
and effect of this section.

SEC. 710. TECHNICAL AMENDMENTS.

          (a) Annual Report Required on Participation of the United 
States in the Bank.--Section 1701(c)(2) of the International Financial 
Institutions Act (22 U.S.C. 262r(c)(2)) is amended by inserting ``Bank 
for Economic Cooperation and Development in the Middle East and North 
Africa,'' after ``Inter-American Development Bank''.
          (b) Exemption from Limitations and Restrictions on Power of 
National, Banking Associations To Deal in and Underwrite Investment 
Securities of the Bank.--The seventh sentence of paragraph 7 of section 
5136 of the Revised Statutes of the United States (12 U.S.C. 24) is 
amended by inserting ``Bank for Economic Cooperation and Development in 
the Middle East and North Africa,'' after ``the Inter-American 
Development Bank''.
          (c) Benefits for United States Citizen-Representatives to the 
Bank.--Section 51 of Public Law 91-599 (22 U.S.C. 276c-2) is amended by 
inserting ``the Bank for Economic Cooperation and Development in the 
Middle East and North Africa,'' after ``the Inter-American Development 
Bank,''.

          (d) For programs, projects or activities in the Department of 
the Interior and Related Agencies Appropriations Act, 1997, provided as 
follows, to be effective as if it had been enacted into law as the 
regular appropriations Act:

                                 AN ACT

          Making appropriations for the Department of the Interior, and 
related agencies for the fiscal year ending September 30, 1997, and for 
other purposes.

                  TITLE I--DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                   management of lands and resources

        For expenses necessary for protection, use, improvement, 
development, disposal, cadastral surveying, classification, acquisition 
of easements and other interests in lands, and performance of other 
functions, including maintenance of facilities, as authorized by law, 
in the management of lands and their resources under the jurisdiction 
of the Bureau of Land Management, including the general administration 
of the Bureau, and assessment of mineral potential of public lands 
pursuant to Public Law 96-487 (16 U.S.C. 3150(a)), $572,164,000, to 
remain available until expended, of which $2,010,000 shall be available 
for assessment of the mineral potential of public lands in Alaska 
pursuant to section 1010 of Public Law 96-487 (16 U.S.C. 3150); and of 
which $3,000,000 shall be derived from the special receipt account 
established by the Land and Water Conservation Act of 1965, as amended 
(16 U.S.C. 460l-6a(i)); and of which $1,000,000 shall be available in 
fiscal year 1997 subject to a match by at least an equal amount by the 
National Fish and Wildlife Foundation, to such Foundation for challenge 
cost share projects supporting fish and wildlife conservation affecting 
Bureau land; in addition, $27,300,000 for Mining Law Administration 
program operations, to remain available until expended, to be reduced 
by amounts collected by the Bureau and credited to this appropriation 
from annual mining claim fees so as to result in a final appropriation 
estimated at not more than $572,164,000; and in addition, not to exceed 
$5,000,000, to remain available until expended, from annual mining 
claim fees; which shall be credited to this account for the costs of 
administering the mining claim fee program, and $2,000,000 from 
communication site rental fees established by the Bureau for the cost 
of administering communication site activities: Provided, That 
appropriations herein made shall not be available for the destruction 
of healthy, unadopted, wild horses and burros in the care of the Bureau 
or its contractors: Provided further, That in fiscal year 1997 and 
thereafter, all fees, excluding mining claim fees, in excess of the 
fiscal year 1996 collections established by the Secretary of the 
Interior under the authority of 43 U.S.C. 1734 for processing, 
recording, or documenting authorizations to use public lands or public 
land natural resources (including cultural, historical, and mineral) 
and for providing specific services to public land users, and which are 
not presently being covered into any Bureau of Land Management 
appropriation accounts, and not otherwise dedicated by law for a 
specific distribution, shall be made immediately available for program 
operations in this account and remain available until expended.

                        wildland fire management

          For necessary expenses for fire use and management, fire 
preparedness, suppression operations, and emergency rehabilitation by 
the Department of the Interior, $252,042,000, to remain available until 
expended, of which not to exceed $5,025,000 shall be for the renovation 
or construction of fire facilities: Provided, That such funds are also 
available for repayment of advances to other appropriation accounts 
from which funds were previously transferred for such purposes: 
Provided further, That persons hired pursuant to 43 U.S.C. 1469 may be 
furnished subsistence and lodging without costs from funds available 
from this appropriation: Provided further, That unobligated balances of 
amounts previously appropriated to the ``Fire Protection'' and 
``Emergency Department of the Interior Firefighting Fund'' may be 
transferred to this appropriation.

                    central hazardous materials fund

        For necessary expenses of the Department of the Interior and 
any of its component offices and bureaus for the remedial action, 
including associated activities, of hazardous waste substances, 
pollutants, or contaminants pursuant to the Comprehensive Environmental 
Response, Compensation and Liability Act, as amended (42 U.S.C. 9601 et 
seq.), $12,000,000, to remain available until expended: Provided, That 
notwithstanding 31 U.S.C. 3302, sums recovered from or paid by a party 
in advance of or as reimbursement for remedial action or response 
activities conducted by the Department pursuant to sections 107 or 
113(f) of such Act, shall be credited to this account to be available 
until expended without further appropriation: Provided further, That 
such sums recovered from or paid by any party are not limited to 
monetary payments and may include stocks, bonds or other personal or 
real property, which may be retained, liquidated, or otherwise disposed 
of by the Secretary and which shall be credited to this account.

                              construction

        For construction of buildings, recreation facilities, roads, 
trails, and appurtenant facilities, $4,333,000, to remain available 
until expended.

                       payments in lieu of taxes

        For expenses necessary to implement the Act of October 20, 
1976, as amended (31 U.S.C. 6901-07), $113,500,000, of which not to 
exceed $400,000 shall be available for administrative expenses.

                            land acquisition

    For expenses necessary to carry out sections 205, 206, and 318(d) 
of Public Law 94-579 including administrative expenses and acquisition 
of lands or waters, or interests therein, $10,410,000, to be derived 
from the Land and Water Conservation Fund, to remain available until 
expended.

                   oregon and california grant lands

    For expenses necessary for management, protection, and development 
of resources and for construction, operation, and maintenance of access 
roads, reforestation, and other improvements on the revested Oregon and 
California Railroad grant lands, on other Federal lands in the Oregon 
and California land-grant counties of Oregon, and on adjacent rights-
of-way; and acquisition of lands or interests therein including 
existing connecting roads on or adjacent to such grant lands; 
$100,515,000, to remain available until expended: Provided, That 25 per 
centum of the aggregate of all receipts during the current fiscal year 
from the revested Oregon and California Railroad grant lands is hereby 
made a charge against the Oregon and California land-grant fund and 
shall be transferred to the General Fund in the Treasury in accordance 
with the second paragraph of subsection (b) of title II of the Act of 
August 28, 1937 (50 Stat. 876).

                           range improvements

    For rehabilitation, protection, and acquisition of lands and 
interests therein, and improvement of Federal rangelands pursuant to 
section 401 of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1701), notwithstanding any other Act, sums equal to 50 per 
centum of all moneys received during the prior fiscal year under 
sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 315 et seq.) and 
the amount designated for range improvements from grazing fees and 
mineral leasing receipts from Bankhead-Jones lands transferred to the 
Department of the Interior pursuant to law, but not less than 
$9,113,000, to remain available until expended: Provided, That not to 
exceed $600,000 shall be available for administrative expenses.

               service charges, deposits, and forfeitures

    For administrative expenses and other costs related to processing 
application documents and other authorizations for use and disposal of 
public lands and resources, for costs of providing copies of official 
public land documents, for monitoring construction, operation, and 
termination of facilities in conjunction with use authorizations, and 
for rehabilitation of damaged property, such amounts as may be 
collected under Public Law 94-579, as amended, and Public Law 93-153, 
to remain available until expended: Provided, That notwithstanding any 
provision to the contrary of section 305(a) of Public Law 94-579 (43 
U.S.C. 1735(a)), any moneys that have been or will be received pursuant 
to that section, whether as a result of forfeiture, compromise, or 
settlement, if not appropriate for refund pursuant to section 305(c) of 
that Act (43 U.S.C. 1735(c)), shall be available and may be expended 
under the authority of this Act by the Secretary to improve, protect, 
or rehabilitate any public lands administered through the Bureau of 
Land Management which have been damaged by the action of a resource 
developer, purchaser, permittee, or any unauthorized person, without 
regard to whether all moneys collected from each such action are used 
on the exact lands damaged which led to the action: Provided further, 
That any such moneys that are in excess of amounts needed to repair 
damage to the exact land for which funds were collected may be used to 
repair other damaged public lands.

                       miscellaneous trust funds

    In addition to amounts authorized to be expended under existing 
laws, there is hereby appropriated such amounts as may be contributed 
under section 307 of the Act of October 21, 1976 (43 U.S.C. 1701), and 
such amounts as may be advanced for administrative costs, surveys, 
appraisals, and costs of making conveyances of omitted lands under 
section 211(b) of that Act, to remain available until expended.

                       administrative provisions

    Appropriations for the Bureau of Land Management shall be available 
for purchase, erection, and dismantlement of temporary structures, and 
alteration and maintenance of necessary buildings and appurtenant 
facilities to which the United States has title; up to $100,000 for 
payments, at the discretion of the Secretary, for information or 
evidence concerning violations of laws administered by the Bureau; 
miscellaneous and emergency expenses of enforcement activities 
authorized or approved by the Secretary and to be accounted for solely 
on his certificate, not to exceed $10,000: Provided, That 
notwithstanding 44 U.S.C. 501, the Bureau may, under cooperative cost-
sharing and partnership arrangements authorized by law, procure 
printing services from cooperators in connection with jointly-produced 
publications for which the cooperators share the cost of printing 
either in cash or in services, and the Bureau determines the cooperator 
is capable of meeting accepted quality standards.
          The Bureau of Land Management's Visitor Center in Rand, 
Oregon is hereby named the ``William B. Smullin Visitor Center''.

                United States Fish and Wildlife Service

                          resource management

    For expenses necessary for scientific and economic studies, 
conservation, management, investigations, protection, and utilization 
of fishery and wildlife resources, except whales, seals, and sea lions, 
and for the performance of other authorized functions related to such 
resources; for the general administration of the United States Fish and 
Wildlife Service; for maintenance of the herd of long-horned cattle on 
the Wichita Mountains Wildlife Refuge; and not less than $1,000,000 for 
high priority projects within the scope of the approved budget which 
shall be carried out by the Youth Conservation Corps as authorized by 
the Act of August 13, 1970, as amended, $523,947,000, to remain 
available until September 30, 1998, of which $11,557,000 shall remain 
available until expended for operation and maintenance of fishery 
mitigation facilities constructed by the Corps of Engineers under the 
Lower Snake River Compensation Plan, authorized by the Water Resources 
Development Act of 1976, to compensate for loss of fishery resources 
from water development projects on the Lower Snake River, and of which 
$2,000,000 shall be provided to local governments in southern 
California for planning associated with the Natural Communities 
Conservation Planning (NCCP) program and shall remain available until 
expended: Provided, That hereafter, pursuant to 31 U.S.C. 9701, the 
Secretary shall charge reasonable fees for the full costs of providing 
training by the National Education and Training Center, to be credited 
to this account, notwithstanding 31 U.S.C. 3302, for the direct costs 
of providing such training.

                              construction

    For construction and acquisition of buildings and other facilities 
required in the conservation, management, investigation, protection, 
and utilization of fishery and wildlife resources, and the acquisition 
of lands and interests therein; $43,365,000 to remain available until 
expended.

                natural resource damage assessment fund

    To conduct natural resource damage assessment activities by the 
Department of the Interior necessary to carry out the provisions of the 
Comprehensive Environmental Response, Compensation, and Liability Act, 
as amended (42 U.S.C. 9601, et seq.), Federal Water Pollution Control 
Act, as amended (33 U.S.C. 1251, et seq.), the Oil Pollution Act of 
1990 (Public Law 101-380), and Public Law 101-337; $4,000,000, to 
remain available until expended.

                            land acquisition

    For expenses necessary to carry out the Land and Water Conservation 
Fund Act of 1965, as amended (16 U.S.C. 460l-4-11), including 
administrative expenses, and for acquisition of land or waters, or 
interest therein, in accordance with statutory authority applicable to 
the United States Fish and Wildlife Service, $44,479,000, of which 
$3,000,000 is authorized to be appropriated and shall be used to 
establish the Clarks River National Wildlife Refuge in Kentucky, to be 
derived from the Land and Water Conservation Fund, to remain available 
until expended.

            cooperative endangered species conservation fund

    For expenses necessary to carry out the provisions of the 
Endangered Species Act of 1973 (16 U.S.C. 1531-1543), as amended, 
$14,085,000, for grants to States, to be derived from the Cooperative 
Endangered Species Conservation Fund, and to remain available until 
expended.

                     national wildlife refuge fund

    For expenses necessary to implement the Act of October 17, 1978 (16 
U.S.C. 715s), $10,779,000.

                         rewards and operations

    For expenses necessary to carry out the provisions of the African 
Elephant Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225, 
4241-4245, and 1538), $1,000,000, to remain available until expended.

               north american wetlands conservation fund

    For expenses necessary to carry out the provisions of the North 
American Wetlands Conservation Act, Public Law 101-233, as amended, 
$9,750,000, to remain available until expended.

                 rhinoceros and tiger conservation fund

    For deposit to the Rhinoceros and Tiger Conservation Fund, 
$400,000, to remain available until expended, to carry out the 
Rhinoceros and Tiger Conservation Act of 1994 (Public Law 103-391).

              wildlife conservation and appreciation fund

    For deposit to the Wildlife Conservation and Appreciation Fund, 
$800,000, to remain available until expended.

                       administrative provisions

    Appropriations and funds available to the United States Fish and 
Wildlife Service shall be available for purchase of not to exceed 83 
passenger motor vehicles of which 73 are for replacement only 
(including 43 for police-type use); not to exceed $400,000 for payment, 
at the discretion of the Secretary, for information, rewards, or 
evidence concerning violations of laws administered by the Service, and 
miscellaneous and emergency expenses of enforcement activities, 
authorized or approved by the Secretary and to be accounted for solely 
on his certificate; repair of damage to public roads within and 
adjacent to reservation areas caused by operations of the Service; 
options for the purchase of land at not to exceed $1 for each option; 
facilities incident to such public recreational uses on conservation 
areas as are consistent with their primary purpose; and the maintenance 
and improvement of aquaria, buildings, and other facilities under the 
jurisdiction of the Service and to which the United States has title, 
and which are utilized pursuant to law in connection with management 
and investigation of fish and wildlife resources: Provided, That 
notwithstanding 44 U.S.C. 501, the Service may, under cooperative cost 
sharing and partnership arrangements authorized by law, procure 
printing services from cooperators in connection with jointly-produced 
publications for which the cooperators share at least one-half the cost 
of printing either in cash or services and the Service determines the 
cooperator is capable of meeting accepted quality standards: Provided 
further, That the Service may accept donated aircraft as replacements 
for existing aircraft: Provided further, That notwithstanding any other 
provision of law, the Secretary of the Interior may not spend any of 
the funds appropriated in this Act for the purchase of lands or 
interests in lands to be used in the establishment of any new unit of 
the National Wildlife Refuge System unless the purchase is approved in 
advance by the House and Senate Committees on Appropriations in 
compliance with the reprogramming procedures contained in House Report 
103-551: Provided further, That section 101(c) of the Omnibus 
Consolidated Rescissions and Appropriations Act of 1996 is amended in 
section 315(c)(1)(E) (110 Stat. 1321-201; 16 U.S.C. 460l-6a note) by 
striking ``distributed in accordance with section 201(c) of the 
Emergency Wetlands Resources Act'' and inserting ``available to the 
Secretary of the Interior until expended to be used in accordance with 
clauses (i), (ii), and (iii) of section 201(c)(A) of the Emergency 
Wetlands Resources Act of 1986 (16 U.S.C. 3911(c)(A))''.

                         National Park Service

                 operation of the national park system

    For expenses necessary for the management, operation, and 
maintenance of areas and facilities administered by the National Park 
Service (including special road maintenance service to trucking 
permittees on a reimbursable basis), and for the general administration 
of the National Park Service, including not to exceed $1,593,000 for 
the Volunteers-in-Parks program, and not less than $1,000,000 for high 
priority projects within the scope of the approved budget which shall 
be carried out by the Youth Conservation Corps as authorized by 16 
U.S.C. 1706, $1,152,311,000, without regard to 16 U.S.C. 451, of which 
$8,000,000 for research, planning and interagency coordination in 
support of land acquisition for Everglades restoration shall remain 
available until expended, and of which not to exceed $72,000,000, to 
remain available until expended, is to be derived from the special fee 
account established pursuant to title V, section 5201, of Public Law 
100-203.

                  national recreation and preservation

    For expenses necessary to carry out recreation programs, natural 
programs, cultural programs, environmental compliance and review, 
international park affairs, statutory or contractual aid for other 
activities, and grant administration, not otherwise provided for, 
$37,976,000.

                       historic preservation fund

    For expenses necessary in carrying out the Historic Preservation 
Act of 1966, as amended (16 U.S.C. 470), $36,612,000, to be derived 
from the Historic Preservation Fund, to remain available until 
September 30, 1998.

                              construction

    For construction, improvements, repair or replacement of physical 
facilities including the modifications authorized by section 104 of the 
Everglades National Park Protection and Expansion Act of 1989, 
$163,444,000, to remain available until expended, of which $270,000 
shall be used for appropriate fish restoration projects not related to 
dam removal including reimbursement to the State of Washington for 
emergency actions taken to protect the 1996 run of fall chinook salmon 
on the Elwha River: Provided, That funds previously provided under this 
heading that had been made available to the City of Hot Springs, 
Arkansas, to be used for a flood protection feasibility study, are now 
made available to the City of Hot Springs for the rehabilitation of the 
Federally-constructed Hot Springs Creek Arch, including the portion 
within Hot Springs National Park.

                    land and water conservation fund

                              (rescission)

    The contract authority provided for fiscal year 1997 by 16 U.S.C. 
460l-10a is rescinded.

                 land acquisition and state assistance

    For expenses necessary to carry out the Land and Water Conservation 
Fund Act of 1965, as amended (16 U.S.C. 460l-4-11), including 
administrative expenses, and for acquisition of lands or waters, or 
interest therein, in accordance with statutory authority applicable to 
the National Park Service, $53,915,000, to be derived from the Land and 
Water Conservation Fund, to remain available until expended, of which 
$1,500,000 is to administer the State assistance program: Provided, 
That any funds made available for the purpose of acquisition of the 
Elwha and Glines dams shall be used solely for acquisition, and shall 
not be expended until the full purchase amount has been appropriated by 
the Congress: Provided further, That of the funds provided herein, 
$9,000,000 is available for acquisition of the Sterling Forest, subject 
to authorization.

                       administrative provisions

    Appropriations for the National Park Service shall be available for 
the purchase of not to exceed 404 passenger motor vehicles, of which 
287 shall be for replacement only, including not to exceed 320 for 
police-type use, 13 buses, and 6 ambulances: Provided, That none of the 
funds appropriated to the National Park Service may be used to process 
any grant or contract documents which do not include the text of 18 
U.S.C. 1913: Provided further, That none of the funds appropriated to 
the National Park Service may be used to implement an agreement for the 
redevelopment of the southern end of Ellis Island until such agreement 
has been submitted to the Congress and shall not be implemented prior 
to the expiration of 30 calendar days (not including any day in which 
either House of Congress is not in session because of adjournment of 
more than three calendar days to a day certain) from the receipt by the 
Speaker of the House of Representatives and the President of the Senate 
of a full and comprehensive report on the development of the southern 
end of Ellis Island, including the facts and circumstances relied upon 
in support of the proposed project.
    None of the funds in this Act may be spent by the National Park 
Service for activities taken in direct response to the United Nations 
Biodiversity Convention.
    The National Park Service may in fiscal year 1997 and thereafter 
enter into cooperative agreements that involve the transfer of National 
Park Service appropriated funds to State, local and tribal governments, 
other public entities, educational institutions, and private nonprofit 
organizations for the public purpose of carrying out National Park 
Service programs pursuant to 31 U.S.C. 6305 to carry out public 
purposes of National Park Service programs.
          Nothwithstanding any other provision of law, remaining 
balances, including interest, from funds granted to the National Park 
Foundation pursuant to the National Park System Visitor Facilities Fund 
Act of 1983 (Public Law 97-433, 96 Stat. 2277) shall be available to 
the National Park Foundation for expenditure in units of the National 
Park System for the purpose of improving visitor facilities.

                    United States Geological Survey

                 surveys, investigations, and research

    For expenses necessary for the United States Geological Survey to 
perform surveys, investigations, and research covering topography, 
geology, hydrology, and the mineral and water resources of the United 
States, its Territories and possessions, and other areas as authorized 
by 43 U.S.C. 31, 1332 and 1340; classify lands as to their mineral and 
water resources; give engineering supervision to power permittees and 
Federal Energy Regulatory Commission licensees; administer the minerals 
exploration program (30 U.S.C. 641); and publish and disseminate data 
relative to the foregoing activities; and to conduct inquiries into the 
economic conditions affecting mining and materials processing 
industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and related 
purposes as authorized by law and to publish and disseminate data; 
$738,913,000 of which $64,559,000 shall be available only for 
cooperation with States or municipalities for water resources 
investigations; and of which $16,000,000 shall remain available until 
expended for conducting inquiries into the economic conditions 
affecting mining and materials processing industries; and of which 
$137,500,000 shall be available until September 30, 1998 for the 
biological research activity and the operation of the Cooperative 
Research Units: Provided, That none of these funds provided for the 
biological research activity shall be used to conduct new surveys on 
private property, unless specifically authorized in writing by the 
property owner: Provided further, That beginning in fiscal year 1998 
and once every five years thereafter, the National Academy of Sciences 
shall review and report on the biological research activity of the 
Survey: Provided further, That no part of this appropriation shall be 
used to pay more than one-half the cost of topographic mapping or water 
resources data collection and investigations carried on in cooperation 
with States and municipalities.

                       administrative provisions

    The amount appropriated for the United States Geological Survey 
shall be available for the purchase of not to exceed 53 passenger motor 
vehicles, of which 48 are for replacement only; reimbursement to the 
General Services Administration for security guard services; 
contracting for the furnishing of topographic maps and for the making 
of geophysical or other specialized surveys when it is administratively 
determined that such procedures are in the public interest; 
construction and maintenance of necessary buildings and appurtenant 
facilities; acquisition of lands for gauging stations and observation 
wells; expenses of the United States National Committee on Geology; and 
payment of compensation and expenses of persons on the rolls of the 
Survey duly appointed to represent the United States in the negotiation 
and administration of interstate compacts: Provided, That activities 
funded by appropriations herein made may be accomplished through the 
use of contracts, grants, or cooperative agreements as defined in 31 
U.S.C. 6302, et seq.

                      Minerals Management Service

                royalty and offshore minerals management

    For expenses necessary for minerals leasing and environmental 
studies, regulation of industry operations, and collection of 
royalties, as authorized by law; for enforcing laws and regulations 
applicable to oil, gas, and other minerals leases, permits, licenses 
and operating contracts; and for matching grants or cooperative 
agreements; including the purchase of not to exceed eight passenger 
motor vehicles for replacement only; $156,955,000, of which not less 
than $70,063,000 shall be available for royalty management activities; 
and an amount not to exceed $41,000,000 for the Technical Information 
Management System and activities of the Outer Continental Shelf 
(OCS) Lands Activity, to be credited to this appropriation and to 
remain available until expended, from additions to receipts resulting 
from increases to rates in effect on August 5, 1993, from rate 
increases to fee collections for OCS administrative activities 
performed by the Minerals Management Service over and above the rates 
in effect on September 30, 1993, and from additional fees for OCS 
administrative activities established after September 30, 1993: 
Provided, That $1,500,000 for computer acquisitions shall remain 
available until September 30, 1998: Provided further, That funds 
appropriated under this Act shall be available for the payment of 
interest in accordance with 30 U.S.C. 1721 (b) and (d): Provided 
further, That not to exceed $3,000 shall be available for reasonable 
expenses related to promoting volunteer beach and marine cleanup 
activities: Provided further, That notwithstanding any other provision 
of law, $15,000 under this head shall be available for refunds of 
overpayments in connection with certain Indian leases in which the 
Director of the Minerals Management Service concurred with the claimed 
refund due, to pay amounts owed to Indian allottees or Tribes, or to 
correct prior unrecoverable erroneous payments.

                           oil spill research

    For necessary expenses to carry out title I, section 1016, title 
IV, sections 4202 and 4303, title VII, and title VIII, section 8201 of 
the Oil Pollution Act of 1990, $6,440,000, which shall be derived from 
the Oil Spill Liability Trust Fund, to remain available until expended.

          Office of Surface Mining Reclamation and Enforcement

                       regulation and technology

    For necessary expenses to carry out the provisions of the Surface 
Mining Control and Reclamation Act of 1977, Public Law 95-87, as 
amended, including the purchase of not to exceed 10 passenger motor 
vehicles, for replacement only; $94,172,000, and notwithstanding 31 
U.S.C. 3302, an additional amount shall be credited to this account, to 
remain available until expended, from performance bond forfeitures in 
fiscal year 1997: Provided, That the Secretary of the Interior, 
pursuant to regulations, may utilize directly or through grants to 
States, moneys collected in fiscal year 1997 for civil penalties 
assessed under section 518 of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim lands adversely 
affected by coal mining practices after August 3, 1977, to remain 
available until expended: Provided further, That appropriations for the 
Office of Surface Mining Reclamation and Enforcement may provide for 
the travel and per diem expenses of State and tribal personnel 
attending Office of Surface Mining Reclamation and Enforcement 
sponsored training.

                    abandoned mine reclamation fund

    For necessary expenses to carry out title IV of the Surface Mining 
Control and Reclamation Act of 1977, Public Law 95-87, as amended, 
including the purchase of not more than 10 passenger motor vehicles for 
replacement only, $177,085,000, to be derived from receipts of the 
Abandoned Mine Reclamation Fund and to remain available until expended; 
of which up to $4,000,000 shall be for supplemental grants to States 
for the reclamation of abandoned sites with acid mine rock drainage 
from coal mines through the Appalachian Clean Streams Initiative: 
Provided, That grants to minimum program States will be $1,500,000 per 
State in fiscal year 1997: Provided further, That of the funds herein 
provided up to $18,000,000 may be used for the emergency program 
authorized by section 410 of Public Law 95-87, as amended, of which no 
more than 25 per centum shall be used for emergency reclamation 
projects in any one State and funds for federally-administered 
emergency reclamation projects under this proviso shall not exceed 
$11,000,000: Provided further, That prior year unobligated funds 
appropriated for the emergency reclamation program shall not be subject 
to the 25 per centum limitation per State and may be used without 
fiscal year limitation for emergency projects: Provided further, That 
pursuant to Public Law 97-365, the Department of the Interior is 
authorized to use up to 20 per centum from the recovery of the 
delinquent debt owed to the United States Government to pay for 
contracts to collect these debts: Provided further, That funds made 
available to States under title IV of Public Law 95-87 may be used, at 
their discretion, for any required non-Federal share of the cost of 
projects funded by the Federal Government for the purpose of 
environmental restoration related to treatment or abatement of acid 
mine drainage from abandoned mines: Provided further, That such 
projects must be consistent with the purposes and priorities of the 
Surface Mining Control and Reclamation Act: Provided further, That the 
State of Maryland may set aside the greater of $1,000,000 or 10 percent 
of the total of the grants made available to the State under title IV 
of the Surface Mining Control and Reclamation Act of 1977, as amended 
(30 U.S.C. 1231 et seq.), if the amount set aside is deposited in an 
acid mine drainage abatement and treatment fund established under a 
State law, pursuant to which law the amount (together with all interest 
earned on the amount) is expended by the State to undertake acid mine 
drainage abatement and treatment projects, except that before any 
amounts greater than 10 percent of its title IV grants are deposited in 
an acid mine drainage abatement and treatment fund, the State of 
Maryland must first complete all Surface Mining Control and Reclamation 
Act priority one projects.

                        Bureau of Indian Affairs

                      operation of indian programs

    For operation of Indian programs by direct expenditure, contracts, 
cooperative agreements, compacts, and grants including expenses 
necessary to provide education and welfare services for Indians, either 
directly or in cooperation with States and other organizations, 
including payment of care, tuition, assistance, and other expenses of 
Indians in boarding homes, or institutions, or schools; grants and 
other assistance to needy Indians; maintenance of law and order; 
management, development, improvement, and protection of resources and 
appurtenant facilities under the jurisdiction of the Bureau, including 
payment of irrigation assessments and charges; acquisition of water 
rights; advances for Indian industrial and business enterprises; 
operation of Indian arts and crafts shops and museums; development of 
Indian arts and crafts, as authorized by law; for the general 
administration of the Bureau, including such expenses in field offices; 
maintaining of Indian reservation roads as defined in 23 U.S.C. 101; 
and construction, repair, and improvement of Indian housing, 
$1,436,902,000, of which not to exceed $86,520,000 shall be for welfare 
assistance payments and not to exceed $90,829,000 shall be for payments 
to tribes and tribal organizations for contract support costs 
associated with ongoing contracts or grants or compacts entered into 
with the Bureau prior to fiscal year 1997, as authorized by the Indian 
Self-Determination Act of 1975, as amended, and up to $5,000,000 shall 
be for the Indian Self-Determination Fund, which shall be available for 
the transitional cost of initial or expanded tribal contracts, grants, 
compacts, or cooperative agreements with the Bureau under such Act; and 
of which not to exceed $365,124,000 for school operations costs of 
Bureau-funded schools and other education programs shall become 
available on July 1, 1997, and shall remain available until September 
30, 1998; and of which not to exceed $53,805,000 for higher education 
scholarships, adult vocational training, and assistance to public 
schools under 25 U.S.C. 452 et seq., shall remain available until 
September 30, 1998; and of which not to exceed $54,973,000 shall remain 
available until expended for housing improvement, road maintenance, 
attorney fees, litigation support, self-governance grants, the Indian 
Self-Determination Fund, and the Navajo-Hopi Settlement Program: 
Provided, That tribes and tribal contractors may use their tribal 
priority allocations for unmet indirect costs of ongoing contracts, 
grants or compact agreements and for unmet welfare assistance costs: 
Provided further, That funds made available to tribes and tribal 
organizations through contracts or grants obligated during fiscal year 
1997, as authorized by the Indian Self-Determination Act of 1975, or 
grants authorized by the Indian Education Amendments of 1988 (25 U.S.C. 
2001 and 2008A) shall remain available until expended by the contractor 
or grantee: Provided further, That to provide funding uniformity within 
a Self-Governance Compact, any funds provided in this Act with 
availability for more than one year may be reprogrammed to one year 
availability but shall remain available within the Compact until 
expended: Provided further, That notwithstanding any other provision of 
law, Indian tribal governments may, by appropriate changes in 
eligibility criteria or by other means, change eligibility for general 
assistance or change the amount of general assistance payments for 
individuals within the service area of such tribe who are otherwise 
deemed eligible for general assistance payments so long as such changes 
are applied in a consistent manner to individuals similarly situated: 
Provided further, That any savings realized by such changes shall be 
available for use in meeting other priorities of the tribes: Provided 
further, That any net increase in costs to the Federal Government which 
result solely from tribally increased payment levels for general 
assistance shall be met exclusively from funds available to the tribe 
from within its tribal priority allocation: Provided further, That any 
forestry funds allocated to a tribe which remain unobligated as of 
September 30, 1997, may be transferred during fiscal year 1998 to an 
Indian forest land assistance account established for the benefit of 
such tribe within the tribe's trust fund account: Provided further, 
That any such unobligated balances not so transferred shall expire on 
September 30, 1998: Provided further, That notwithstanding any other 
provision of law, no funds available to the Bureau, other than the 
amounts provided herein for assistance to public schools under 25 
U.S.C. 452 et seq., shall be available to support the operation of any 
elementary or secondary school in the State of Alaska in fiscal year 
1997: Provided further, That funds made available in this or any other 
Act for expenditure through September 30, 1998 for schools funded by 
the Bureau shall be available only to the schools in the Bureau school 
system as of September 1, 1995: Provided further, That no funds 
available to the Bureau shall be used to support expanded grades for 
any school or dormitory beyond the grade structure in place or approved 
by the Secretary of the Interior at each school in the Bureau school 
system as of October 1, 1995: Provided further, That in fiscal year 
1997 and thereafter, notwithstanding the provisions of 25 U.S.C. 
2012(h)(1) (A) and (B), upon the recommendation of either (i) a local 
school board and school supervisor for an education position in a 
Bureau of Indian Affairs operated school, or (ii) an Agency school 
board and education line officer for an Agency education position, the 
Secretary shall establish adjustments to the rates of basic 
compensation or annual salary rates established under 25 U.S.C. 
2012(h)(1) (A) and (B) for education positions at the school or the 
Agency, at a level not less than that for comparable positions in the 
nearest public school district, and the adjustment shall be deemed to 
be a change to basic pay and shall not be subject to collective 
bargaining: Provided further, That any reduction to rates of basic 
compensation or annual salary rates below the rates established under 
25 U.S.C. 2012(h)(1) (A) and (B) shall apply only to educators 
appointed after June 30, 1997, and shall not affect the right of an 
individual employed on June 30, 1997, in an education position, to 
receive the compensation attached to such position under 25 U.S.C. 
2012(h)(1) (A) and (B) so long as the individual remains in the same 
position at the same school: Provided further, That notwithstanding 25 
U.S.C. 2012(h)(1)(B), when the rates of basic compensation for teachers 
and counselors at Bureau-operated schools are established at the rates 
of basic compensation applicable to comparable positions in overseas 
schools under the Defense Department Overseas Teachers Pay and 
Personnel Practices Act, such rates shall become effective with the 
start of the next academic year following the issuance of the 
Department of Defense salary schedule and shall not be effected 
retroactively.

                              construction

    For construction, major repair, and improvement of irrigation and 
power systems, buildings, utilities, and other facilities, including 
architectural and engineering services by contract; acquisition of 
lands, and interests in lands; and preparation of lands for farming, 
and for construction of the Navajo Indian Irrigation Project pursuant 
to Public Law 87-483 $94,531,000, to remain available until expended: 
Provided, That such amounts as may be available for the construction of 
the Navajo Indian Irrigation Project may be transferred to the Bureau 
of Reclamation: Provided further, That not to exceed 6 per centum of 
contract authority available to the Bureau of Indian Affairs from the 
Federal Highway Trust Fund may be used to cover the road program 
management costs of the Bureau: Provided further, That any funds 
provided for the Safety of Dams program pursuant to 25 U.S.C. 13 shall 
be made available on a non-reimbursable basis: Provided further, That 
for fiscal year 1997, in implementing new construction or facilities 
improvement and repair project grants in excess of $100,000 that are 
provided to tribally controlled grant schools under Public Law 100-297, 
as amended, the Secretary of the Interior shall use the Administrative 
and Audit Requirements and Cost Principles for Assistance Programs 
contained in 43 CFR part 12 as the regulatory requirements: Provided 
further, That such grants shall not be subject to section 12.61 of 43 
CFR; the Secretary and the grantee shall negotiate and determine a 
schedule of payments for the work to be performed: Provided further, 
That in considering applications, the Secretary shall consider whether 
the Indian tribe or tribal organization would be deficient in assuring 
that the construction projects conform to applicable building standards 
and codes and Federal, tribal, or State health and safety standards as 
required by 25 U.S.C. 2005(a), with respect to organizational and 
financial management capabilities: Provided further, That if the 
Secretary declines an application, the Secretary shall follow the 
requirements contained in 25 U.S.C. 2505(f): Provided further, That any 
disputes between the Secretary and any grantee concerning a grant shall 
be subject to the disputes provision in 25 U.S.C. 2508(e).

 indian land and water claim settlements and miscellaneous payments to 
                                indians

    For miscellaneous payments to Indian tribes and individuals and for 
necessary administrative expenses, $69,241,000, to remain available 
until expended; of which $68,400,000 shall be available for 
implementation of enacted Indian land and water claim settlements 
pursuant to Public Laws 101-618, 102-374, 102-575, and for 
implementation of other enacted water rights settlements, including not 
to exceed $8,000,000, which shall be for the Federal share of the 
Catawba Indian Tribe of South Carolina Claims Settlement, as authorized 
by section 5(a) of Public Law 103-116; and of which $841,000 shall be 
available pursuant to Public Laws 98-500, 99-264, and 100-580.

                 indian guaranteed loan program account

    For the cost of guaranteed loans, $4,500,000, as authorized by the 
Indian Financing Act of 1974, as amended: Provided, That such costs, 
including the cost of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974: Provided further, 
That these funds are available to subsidize total loan principal, any 
part of which is to be guaranteed, not to exceed $34,615,000.
    In addition, for administrative expenses to carry out the 
guaranteed loan programs, $500,000.

                       administrative provisions

    Appropriations for the Bureau of Indian Affairs (except the 
revolving fund for loans, the Indian loan guarantee and insurance fund, 
the Technical Assistance of Indian Enterprises account, the Indian 
Direct Loan Program account, and the Indian Guaranteed Loan Program 
account) shall be available for expenses of exhibits, and purchase of 
not to exceed 229 passenger motor vehicles, of which not to exceed 187 
shall be for replacement only.
          Notwithstanding any other provision of law, no funds 
available to the Bureau of Indian Affairs for central office operations 
or pooled overhead general administration shall be available for tribal 
contracts, grants, compacts, or cooperative agreements with the Bureau 
of Indian Affairs under the provisions of the Indian Self-Determination 
Act or the Tribal Self-Governance Act of 1994 (Public Law 103-413).

                          Departmental Offices

                            Insular Affairs

                       assistance to territories

    For expenses necessary for assistance to territories under the 
jurisdiction of the Department of the Interior, $65,188,000, of which 
(1) $61,339,000 shall be available until expended for technical 
assistance, including maintenance assistance, disaster assistance, 
insular management controls, and brown tree snake control and research; 
grants to the judiciary in American Samoa for compensation and 
expenses, as authorized by law (48 U.S.C. 1661(c)); grants to the 
Government of American Samoa, in addition to current local revenues, 
for construction and support of governmental functions; grants to the 
Government of the Virgin Islands as authorized by law; grants to the 
Government of Guam, as authorized by law; and grants to the Government 
of the Northern Mariana Islands as authorized by law (Public Law 94-
241; 90 Stat. 272); and (2) $3,849,000 shall be available for salaries 
and expenses of the Office of Insular Affairs: Provided, That all 
financial transactions of the territorial and local governments herein 
provided for, including such transactions of all agencies or 
instrumentalities established or utilized by such governments, may be 
audited by the General Accounting Office, at its discretion, in 
accordance with chapter 35 of title 31, United States Code: Provided 
further, That Northern Mariana Islands Covenant grant funding shall be 
provided according to those terms of the Agreement of the Special 
Representatives on Future United States Financial Assistance for the 
Northern Mariana Islands approved by Public Law 99-396, or any 
subsequent legislation related to Commonwealth of the Northern Mariana 
Islands grant funding: Provided further, That section 703(a) of Public 
Law 94-241, as amended, is hereby amended by striking ``of the 
Government of the Northern Mariana Islands'': Provided further, That of 
the amounts provided for technical assistance, sufficient funding shall 
be made available for a grant to the Close Up Foundation: Provided 
further, That the funds for the program of operations and maintenance 
improvement are appropriated to institutionalize routine operations and 
maintenance improvement of capital infrastructure in American Samoa, 
Guam, the Virgin Islands, the Commonwealth of the Northern Mariana 
Islands, the Republic of Palau, the Republic of the Marshall Islands, 
and the Federated States of Micronesia through assessments of long-
range operations maintenance needs, improved capability of local 
operations and maintenance institutions and agencies (including 
management and vocational education training), and project-specific 
maintenance (with territorial participation and cost sharing to be 
determined by the Secretary based on the individual territory's 
commitment to timely maintenance of its capital assets): Provided 
further, That any appropriation for disaster assistance under this head 
in this Act or previous appropriations Acts may be used as non-Federal 
matching funds for the purpose of hazard mitigation grants provided 
pursuant to section 404 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5170c).

                      compact of free association

    For economic assistance and necessary expenses for the Federated 
States of Micronesia and the Republic of the Marshall Islands as 
provided for in sections 122, 221, 223, 232, and 233 of the Compacts of 
Free Association, and for economic assistance and necessary expenses 
for the Republic of Palau as provided for in sections 122, 221, 223, 
232, and 233 of the Compact of Free Association, $23,538,000, to remain 
available until expended, as authorized by Public Law 99-239 and Public 
Law 99-658.

                        Departmental Management

                         salaries and expenses

    For necessary expenses for management of the Department of the 
Interior, $58,286,000, of which not to exceed $7,500 may be for 
official reception and representation expenses, and of which up to 
$2,000,000 shall be available for workers compensation payments and 
unemployment compensation payments associated with the orderly closure 
of the United States Bureau of Mines.

                        Office of the Solicitor

                         salaries and expenses

    For necessary expenses of the Office of the Solicitor, $35,443,000.

                      Office of Inspector General

                         salaries and expenses

    For necessary expenses of the Office of Inspector General, 
$24,439,000, together with any funds or property transferred to the 
Office of Inspector General through forfeiture proceedings or from the 
Department of Justice Assets Forfeiture Fund or the Department of the 
Treasury Assets Forfeiture Fund, that represent an equitable share from 
the forfeiture of property in investigations in which the Office of 
Inspector General participated, with such transferred funds to remain 
available until expended.

                   National Indian Gaming Commission

                         salaries and expenses

    For necessary expenses of the National Indian Gaming Commission, 
pursuant to Public Law 100-497, $1,000,000.

             Office of Special Trustee for American Indians

                         federal trust programs

    For operation of trust programs for Indians by direct expenditure, 
contracts, cooperative agreements, compacts, and grants, $32,126,000, 
to remain available until expended for trust funds management: 
Provided, That funds made available to tribes and tribal organizations 
through contracts or grants obligated during fiscal year 1997, as 
authorized by the Indian Self-Determination Act of 1975 (25 U.S.C. 450 
et seq.), shall remain available until expended by the contractor or 
grantee: Provided further, That notwithstanding any other provision of 
law, the statute of limitations shall not commence to run on any claim, 
including any claim in litigation pending on the date of this Act, 
concerning losses to or mismanagement of trust funds, until the 
affected tribe or individual Indian has been furnished with an 
accounting of such funds from which the beneficiary can determine 
whether there has been a loss: Provided further, That unobligated 
balances previously made available (1) to liquidate obligations owed 
tribal and individual Indian payees of any checks canceled pursuant to 
section 1003 of the Competitive Equality Banking Act of 1987 (Public 
Law 100-86; 31 U.S.C. 3334(b)), (2) to restore Individual Indian Monies 
trust funds, Indian Irrigation Systems, and Indian Power Systems 
accounts amounts invested in credit unions or defaulted savings and 
loan associations and which where not Federally insured, including any 
interest on these amounts that may have been earned, but was not 
because of the default, and (3) to reimburse Indian trust fund account 
holders for losses to their respective accounts where the claim for 
said loss has been reduced to a judgement or settlement agreement 
approved by the Department of Justice, under the heading ``Indian Land 
and Water Claim Settlements and Miscellaneous Payments to Indians'', 
Bureau of Indian Affairs in fiscal years 1995 and 1996, are hereby 
transferred to and merged with this appropriation and may only be used 
for the operation of trust programs, in accordance with this 
appropriation.

                       Administrative Provisions

    There is hereby authorized for acquisition from available resources 
within the Working Capital Fund, 15 aircraft, 10 of which shall be for 
replacement and which may be obtained by donation, purchase or through 
available excess surplus property: Provided, That notwithstanding any 
other provision of law, existing aircraft being replaced may be sold, 
with proceeds derived or trade-in value used to offset the purchase 
price for the replacement aircraft: Provided further, That no programs 
funded with appropriated funds in ``Departmental Management'', ``Office 
of the Solicitor'', and ``Office of Inspector General'' may be 
augmented through the Working Capital Fund or the Consolidated Working 
Fund.

             GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

    Sec. 101. Appropriations made in this title shall be available for 
expenditure or transfer (within each bureau or office), with the 
approval of the Secretary, for the emergency reconstruction, 
replacement, or repair of aircraft, buildings, utilities, or other 
facilities or equipment damaged or destroyed by fire, flood, storm, or 
other unavoidable causes: Provided, That no funds shall be made 
available under this authority until funds specifically made available 
to the Department of the Interior for emergencies shall have been 
exhausted: Provided further, That all funds used pursuant to this 
section are hereby designated by Congress to be ``emergency 
requirements'' pursuant to section 251(b)(2)(D) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, and must be replenished by a 
supplemental appropriation which must be requested as promptly as 
possible.
    Sec. 102. The Secretary may authorize the expenditure or transfer 
of any no year appropriation in this title, in addition to the amounts 
included in the budget programs of the several agencies, for the 
suppression or emergency prevention of forest or range fires on or 
threatening lands under the jurisdiction of the Department of the 
Interior; for the emergency rehabilitation of burned-over lands under 
its jurisdiction; for emergency actions related to potential or actual 
earthquakes, floods, volcanoes, storms, or other unavoidable causes; 
for contingency planning subsequent to actual oilspills; response and 
natural resource damage assessment activities related to actual 
oilspills; for the prevention, suppression, and control of actual or 
potential grasshopper and Mormon cricket outbreaks on lands under the 
jurisdiction of the Secretary, pursuant to the authority in section 
1773(b) of Public Law 99-198 (99 Stat. 1658); for emergency reclamation 
projects under section 410 of Public Law 95-87; and shall transfer, 
from any no year funds available to the Office of Surface Mining 
Reclamation and Enforcement, such funds as may be necessary to permit 
assumption of regulatory authority in the event a primacy State is not 
carrying out the regulatory provisions of the Surface Mining Act: 
Provided, That appropriations made in this title for fire suppression 
purposes shall be available for the payment of obligations incurred 
during the preceding fiscal year, and for reimbursement to other 
Federal agencies for destruction of vehicles, aircraft, or other 
equipment in connection with their use for fire suppression purposes, 
such reimbursement to be credited to appropriations currently available 
at the time of receipt thereof: Provided further, That for emergency 
rehabilitation and wildfire suppression activities, no funds shall be 
made available under this authority until funds appropriated to 
``Wildland Fire Management'' shall have been exhausted: Provided 
further, That all funds used pursuant to this section are hereby 
designated by Congress to be ``emergency requirements'' pursuant to 
section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, and must be replenished by a supplemental 
appropriation which must be requested as promptly as possible: Provided 
further, That such replenishment funds shall be used to reimburse, on a 
pro rata basis, accounts from which emergency funds were transferred.
    Sec. 103. Appropriations made in this title shall be available for 
operation of warehouses, garages, shops, and similar facilities, 
wherever consolidation of activities will contribute to efficiency or 
economy, and said appropriations shall be reimbursed for services 
rendered to any other activity in the same manner as authorized by 
sections 1535 and 1536 of title 31, United States Code: Provided, That 
reimbursements for costs and supplies, materials, equipment, and for 
services rendered may be credited to the appropriation current at the 
time such reimbursements are received.
    Sec. 104. Appropriations made to the Department of the Interior in 
this title shall be available for services as authorized by 5 U.S.C. 
3109, when authorized by the Secretary, in total amount not to exceed 
$500,000; hire, maintenance, and operation of aircraft; hire of 
passenger motor vehicles; purchase of reprints; payment for telephone 
service in private residences in the field, when authorized under 
regulations approved by the Secretary; and the payment of dues, when 
authorized by the Secretary, for library membership in societies or 
associations which issue publications to members only or at a price to 
members lower than to subscribers who are not members.
    Sec. 105. Appropriations available to the Department of the 
Interior for salaries and expenses shall be available for uniforms or 
allowances therefor, as authorized by law (5 U.S.C. 5901-5902 and D.C. 
Code 4-204).
    Sec. 106. Appropriations made in this title shall be available for 
obligation in connection with contracts issued for services or rentals 
for periods not in excess of twelve months beginning at any time during 
the fiscal year.
    Sec.  107. Prior to the transfer of Presidio properties to the 
Presidio Trust, when authorized, the Secretary may not obligate in any 
calendar month more than \1/12\ of the fiscal year 1997 appropriation 
for operation of the Presidio: Provided, That prior to the transfer of 
any Presidio property to the Presidio Trust, the Secretary shall 
transfer such funds as the Trust deems necessary to initiate leasing 
and other authorized activities of the Trust: Provided further, That 
this section shall expire on December 31, 1996.
    Sec. 108. No final rule or regulation of any agency of the Federal 
Government pertaining to the recognition, management, or validity of a 
right-of-way pursuant to Revised Statute 2477 (43 U.S.C. 932) shall 
take effect unless expressly authorized by an Act of Congress 
subsequent to the date of enactment of this Act.
    Sec. 109. No funds provided in this title may be expended by the 
Department of the Interior for the conduct of offshore leasing and 
related activities placed under restriction in the President's 
moratorium statement of June 26, 1990, in the areas of Northern, 
Central, and Southern California; the North Atlantic; Washington and 
Oregon; and the Eastern Gulf of Mexico south of 26 degrees north 
latitude and east of 86 degrees west longitude.
    Sec. 110. No funds provided in this title may be expended by the 
Department of the Interior for the conduct of leasing, or the approval 
or permitting of any drilling or other exploration activity, on lands 
within the North Aleutian Basin planning area.
    Sec. 111. No funds provided in this title may be expended by the 
Department of the Interior for the conduct of preleasing and leasing 
activities in the Eastern Gulf of Mexico for Outer Continental Shelf 
Lease Sale 151 in the Outer Continental Shelf Natural Gas and Oil 
Resource Management Comprehensive Program, 1992-1997.
    Sec. 112. No funds provided in this title may be expended by the 
Department of the Interior for the conduct of preleasing and leasing 
activities in the Atlantic for Outer Continental Shelf Lease Sale 164 
in the Outer Continental Shelf Natural Gas and Oil Resource Management 
Comprehensive Program, 1992-1997.
    Sec. 113. There is hereby established in the Treasury a franchise 
fund pilot, as authorized by section 403 of Public Law 103-356, to be 
available as provided in such section for costs of capitalizing and 
operating administrative services as the Secretary determines may be 
performed more advantageously as central services: Provided, That any 
inventories, equipment, and other assets pertaining to the services to 
be provided by such fund, either on hand or on order, less the related 
liabilities or unpaid obligations, and any appropriations made prior to 
the current year for the purpose of providing capital shall be used to 
capitalize such fund: Provided further, That such fund shall be paid in 
advance from funds available to the Department and other Federal 
agencies for which such centralized services are performed, at rates 
which will return in full all expenses of operation, including accrued 
leave, depreciation of fund plant and equipment, amortization of 
automatic data processing (ADP) software and systems (either acquired 
or donated) and an amount necessary to maintain a reasonable operating 
reserve, as determined by the Secretary: Provided further, That such 
fund shall provide services on a competitive basis: Provided further, 
That an amount not to exceed four percent of the total annual income to 
such fund may be retained in the fund for fiscal year 1997 and each 
fiscal year thereafter, to remain available until expended, to be used 
for the acquisition of capital equipment, and for the improvement and 
implementation of Department financial management, ADP, and other 
support systems: Provided further, That no later than thirty days after 
the end of each fiscal year amounts in excess of this reserve 
limitation shall be transferred to the Treasury: Provided further, That 
such franchise fund pilot shall terminate pursuant to section 403(f) of 
Public Law 103-356.
    Sec. 114. Public Law 102-495 is amended by adding the following new 
section:

``SEC. 10. WASHINGTON STATE REMOVAL OPTION.

          ``(a) Upon appropriation of $29,500,000 for the Federal 
government to acquire the projects in the State of Washington pursuant 
to this Act, the State of Washington may, upon the submission to 
Congress of a binding agreement to remove the projects within a 
reasonable period of time, purchase the projects from the Federal 
government for $2. Such a binding agreement shall provide for the full 
restoration of the Elwha River ecosystem and native anadromous 
fisheries, for protection of the existing quality and availability of 
water from the Elwha River for municipal and industrial uses from 
possible adverse impacts of dam removal, and for fulfillment by the 
State of each of the other obligations of the Secretary under this Act.
          ``(b) Upon receipt of the payment pursuant to subsection (a), 
the Federal government shall relinquish ownership and title of the 
projects to the State of Washington.
          ``(c) Upon the purchase of the projects by the State of 
Washington, section 3(a), (c), and (d), and sections 4, 7, and 9 of 
this Act are hereby repealed, and the remaining sections renumbered 
accordingly.''.
    Sec. 115. Section 7 of Public Law 99-647 (16 U.S.C. 461 note) is 
amended to read as follows:

``SEC. 7. TERMINATION OF COMMISSION.

    ``The Commission shall terminate on November 10, 1997.''.
    Sec. 116. The Congress of the United States hereby designates and 
ratifies the assignment to the University of Utah as successor to, and 
beneficiary of, all the existing assets, revenues, funds and rights 
granted to the State of Utah under the Miners Hospital Grant (February 
20, 1929, 45 Stat. 1252) and the School of Mines Grant (July 26, 1894, 
28 Stat. 110). Further, the Secretary of the Interior is authorized and 
directed to accept such relinquishment of all remaining and unconveyed 
entitlement for quantity grants owed the State of Utah for the Miners 
Hospital Grant (February 20, 1929, 45 Stat. 1252) and any unconveyed 
entitlement that may remain for the University of Utah School of Mines 
Grant (July 26, 1894, 28 Stat. 110).
    Sec. 117. Section 402(b)(1) of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 458bb) is amended to read as 
follows: ``(1) In addition to those Indian tribes participating in 
self-governance under subsection (a) of this section, the Secretary, 
acting through the Director of the Office of Self-Governance, may 
select up to 50 new tribes per year from the applicant pool described 
in subsection (c) of this section to participate in self-governance.''.
    Sec. 118. In fiscal year 1997 and thereafter, the Indian Arts and 
Crafts Board may charge admission fees at its museums; charge rent and/
or franchise fees for shops located in its museums; publish and sell 
publications; sell or rent or license use of photographs or other 
images in hard copy or other forms; license the use of designs, in 
whole or in part, by others; charge for consulting services provided to 
others; and may accept the services of volunteers to carry out its 
mission: Provided, That all revenue derived from such activities is 
covered into the special fund established by section 4 of Public Law 
74-355 (25 U.S.C. 305c).
    Sec. 119. Transfer of Certain Bureau of Land Management 
Facilities.--
            (a) Battle mountain, nevada.--Not later than 30 days after 
        the date of enactment of this Act, the Secretary of the 
        Interior, acting through the Director of the Bureau of Land 
        Management, shall transfer to Lander County, Nevada, without 
        consideration, title to the former Bureau of Land Management 
        administrative site and associated buildings in Battle 
        Mountain, Nevada.
            (b) Winnemucca, nevada.--
                    (1) Transfer.--Not later than 30 days after the 
                date of enactment of this Act, the Secretary of the 
                Interior, acting through the Director of the Bureau of 
                Land Management, shall transfer to the State of Nevada, 
                without consideration, title to the surplus Bureau of 
                Land Management District Office building in Winnemucca, 
                Nevada.
                    (2) Use.--The transfer under paragraph (1) is made 
                with the intent that the building shall be available to 
                meet the needs of the Department of Conservation and 
                Natural Resources of the State of Nevada.
    Sec. 120. Alaska Aviation Heritage.--
            (a) Findings.--The Congress finds that--
                    (1) the Department of the Interior's Grumman Goose 
                G21-A aircraft number N789 is to be retired from 
                several decades of active service in the State of 
                Alaska in 1996; and
                    (2) the aircraft is of significant historic value 
                to the people of the State of Alaska.
            (b) Donation of aircraft.--The Secretary of the Interior 
        shall transfer the Grumman Goose G21-A aircraft number N789 to 
        the Alaska Aviation Heritage Museum in Anchorage, Alaska, at no 
        cost to the museum, for permanent display.
    Sec. 121. The Mesquite Lands Act of 1988 is amended by adding the 
following at the end of section 3:
    ``(d) Fourth Area.--(1) No later than ten years after the date of 
enactment of this Act, the City of Mesquite shall notify the Secretary 
as to which if any of the public lands identified in paragraph (2) of 
this subsection the city wishes to purchase.
    ``(2) For a period of twelve years after the date of enactment of 
this Act, the city shall have exclusive right to purchase the following 
parcels of public lands:
            ``Parcel A--East \1/2\ Sec. 6, T. 13 S., R. 71 E., Mount 
        Diablo Meridian; Sec. 5, T. 13 S., R. 71 E., Mount Diablo 
        Meridian; West \1/2\ Sec. 4, T. 13 S., R. 71 E., Mount Diablo 
        Meridian; East \1/2\, West \1/2\ Sec. 4, T. 13 S., R. 71 E., 
        Mount Diablo Meridian.
            ``Parcel B--North \1/2\ Sec. 7, T. 13 S., R. 71 E., Mount 
        Diablo Meridian; South East \1/4\ Sec. 12, T. 13 S., R. 70 E., 
        Mount Diablo Meridian; East \1/2\, North East \1/4\ Sec. 12, T. 
        13 S., R. 70 E., Mount Diablo Meridian; East \1/2\, West \1/2\ 
        North East \1/4\ Sec. 12, T. 13 S., R. 70 E., Mount Diablo 
        Meridian.
            ``Parcel C--West \1/2\ Sec. 6, T. 13 S., R. 71 E., Mount 
        Diablo Meridian; Sec. 1, T. 13 S., R. 70 E., Mount Diablo 
        Meridian; West \1/2\, West \1/2\, North East \1/4\ Sec. 12, T. 
        13 S., R. 70 E., Mount Diablo Meridian; North West \1/4\ Sec. 
        13, S., R. 70 E., Mount Diablo Meridian; West \1/2\ Sec. 12, T. 
        13 S., R. 70 E., Mount Diablo Meridian; East \1/2\, South East 
        \1/4\, Sec. 11, T. 13 S., R. 70 E., Mount Diablo Meridian; East 
        \1/2\ North East \1/4\, Sec. 14, T. 13 S., R. 70 E., Mount 
        Diablo Meridian.
            ``Parcel D--South \1/2\ Sec. 14, T. 13 S., R. 70 E., Mount 
        Diablo Meridian; South West \1/4\, Sec. 13, T. 13 S., R. 70 E., 
        Mount Diablo Meridian; Portion of section 23, North of 
        Interstate 15, T. 13 S., R. 70 E., Mount Diablo Meridian; 
        Portion of section 24, North of Interstate 15, T. 13 S., R. 70 
        E., Mount Diablo Meridian; Portion of section 26, North of 
        Interstate 15, T. 13 S., R. 70 E., Mount Diablo Meridian.''
        Sec. 122. Father Aull Site Transfer.--
    (a) This section may be cited as the ``Father Aull Site Transfer 
Act of 1996''.
    (b) Findings.--Congress finds that--
            (1) the buildings and grounds developed by Father Roger 
        Aull located on public domain land near Silver City, New 
        Mexico, are historically significant to the citizens of the 
        community;
            (2) vandalism at the site has become increasingly 
        destructive and frequent in recent years;
            (3) because of the isolated location and the distance from 
        other significant resources and agency facilities, the Bureau 
        of Land Management has been unable to devote sufficient 
        resources to restore and protect the site from further damage; 
        and
            (4) St. Vincent DePaul Parish in Silver City, New Mexico, 
        has indicated an interest in, and developed a sound proposal 
        for the restoration of the site, such that the site could be 
        permanently occupied and used by the community.
    (c) Conveyance of Property.--Subject to valid existing rights, all 
right, title and interest of the United States in and to the land 
(including improvements on the land), consisting of approximately 43.06 
acres, located approximately 10 miles east of Silver City, New Mexico, 
and described as follows: T. 17 S., R. 12 W., Section 30: Lot 13, and 
Section 31: Lot 27 (as generally depicted on the map dated July 1995) 
is hereby conveyed by operation of law to St. Vincent DePaul Parish in 
Silver City, New Mexico, without consideration.
    (d) Release.--Upon the conveyance of any land or interest in land 
identified in this section of St. Vincent DePaul Parish, St. Vincent 
DePaul Parish shall assume any liability for any claim relating to the 
land or interest in the land arising after the date of the conveyance.
    (e) Map.--The map referred to in this section shall be on file and 
available for public inspection in--
            (1) the State of New Mexico Office of the Bureau of Land 
        Management, Santa Fe, New Mexico; and
            (2) the Las Cruces District Office of the Bureau of Land 
        Management, Las Cruces, New Mexico.
          Sec. 123. The second proviso under the heading ``Bureau of 
Mines, Administrative Provisions'' of Public Law 104-134 is amended by 
inserting after the word ``authorized'' the word ``hereafter''.
          Sec. 124. Watershed Restoration and Enhancement Agreements.
          (a) In General.--For fiscal year 1997 and each fiscal year 
thereafter, appropriations made for the Bureau of Land Management may 
be used by the Secretary of the Interior for the purpose of entering 
into cooperative agreements with willing private landowners for 
restoration and enhancement of fish, wildlife, and other biotic 
resources on public or private land or both that benefit these 
resources on public lands within the watershed.
          (b) Direct and Indirect Watershed Agreements.--The Secretary 
of the Interior may enter into a watershed restoration and enhancement 
agreement--
            (1) directly with a willing private landowner; or
            (2) indirectly through an agreement with a state, local, or 
        tribal government or other public entity, educational 
        institution, or private nonprofit organization.
          (c) Terms and Conditions.--In order for the Secretary to 
enter into a watershed restoration and enhancement agreement--
            (1) the agreement shall--
                    (A) include such terms and conditions mutually 
                agreed to by the Secretary and the landowner;
                    (B) improve the viability of and otherwise benefit 
                the fish, wildlife, and other biotic resources on 
                public land in the watershed;
                    (C) authorize the provision of technical assistance 
                by the Secretary in the planning of management 
                activities that will further the purposes of the 
                agreement;
                    (D) provide for the sharing of costs of 
                implementing the agreement among the Federal 
                government, the landowner, and other entities, as 
                mutually agreed on by the affected interests; and
                    (E) ensure that any expenditure by the Secretary 
                pursuant to the agreement is determined by the 
                Secretary to be in the public interest; and
            (2) the Secretary may require such other terms and 
        conditions as are necessary to protect the public investment on 
        private lands, provided such terms and conditions are mutually 
        agreed to by the Secretary and the landowner.
          Sec. 125. Visitor Center Designation at Channel Islands 
National Park.
          (a) The visitor center at Channel Islands National Park, 
California, is hereby designated as the ``Robert J. Lagomarsino Visitor 
Center''.
          (b) Any reference in law, regulation, paper, record, map, or 
any other document in the United States to the visitor center referred 
to in subsection (a) shall be deemed to be a reference to the ``Robert 
J. Lagomarsino Visitor Center''.

                       TITLE II--RELATED AGENCIES

                       Department of Agriculture

                             forest service

                     forest and rangeland research

    For necessary expenses of forest and rangeland research as 
authorized by law, $179,786,000, to remain available until expended.

                       state and private forestry

    For necessary expenses of cooperating with, and providing technical 
and financial assistance to States, Territories, possessions, and 
others and for forest pest management activities, cooperative forestry 
and education and land conservation activities, $155,461,000, to remain 
available until expended, as authorized by law: Provided, That of funds 
available under this heading for Pacific Northwest Assistance in this 
or prior appropriations Acts. $750,000 shall be provided to the World 
Forestry Center for purposes of continuing scientific research and 
other authorized efforts regarding the land exchange efforts in the 
Umpqua River Basin region.

                         national forest system

    For necessary expenses of the Forest Service, not otherwise 
provided for, for management, protection, improvement, and utilization 
of the National Forest System, for ecosystem planning, inventory, and 
monitoring, and for administrative expenses associated with the 
management of funds provided under the heads ``Forest and Rangeland 
Research,'' ``State and Private Forestry,'' ``National Forest System,'' 
``Wildland Fire Management,'' ``Reconstruction and Construction,'' and 
``Land Acquisition,'' $1,274,781,000, to remain available until 
expended, and including 50 per centum of all monies received during the 
prior fiscal year as fees collected under the Land and Water 
Conservation Fund Act of 1965, as amended, in accordance with section 4 
of the Act (16 U.S.C. 460l-6a(i)): Provided, That up to $5,000,000 of 
the funds provided herein for road maintenance shall be available for 
the planned obliteration of roads which are no longer needed.

                        wildland fire management

    For necessary expenses for forest fire presuppression activities on 
National Forest System lands, for emergency fire suppression on or 
adjacent to such lands or other lands under fire protection agreement, 
and for emergency rehabilitation of burned over National Forest System 
lands, $530,016,000, to remain available until expended: Provided, That 
unexpended balances of amounts previously appropriated under any other 
headings for Forest Service fire activities are transferred to and 
merged with this appropriation and subject to the same terms and 
conditions: Provided further, That such funds are available for 
repayment of advances from other appropriations accounts previously 
transferred for such purposes.

                    reconstruction and construction

    For necessary expenses of the Forest Service, not otherwise 
provided for, $174,974,000, to remain available until expended for 
construction, reconstruction and acquisition of buildings and other 
facilities, and for construction, reconstruction and repair of forest 
roads and trails by the Forest Service as authorized by 16 U.S.C. 532-
538 and 23 U.S.C. 101 and 205: Provided, That not to exceed 
$50,000,000, to remain available until expended, may be obligated for 
the construction of forest roads by timber purchasers: Provided 
further, That funds appropriated under this head for the construction 
of the Wayne National Forest Supervisor's Office may be granted to the 
Ohio State Highway Patrol as the federal share of the cost of 
construction of a new facility to be occupied jointly by the Forest 
Service and the Ohio State Highway Patrol: Provided further, That an 
agreed upon lease of space in the new facility shall be provided to the 
Forest Service without charge for the life of the building.

                            land acquisition

    For expenses necessary to carry out the provisions of the Land and 
Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4-11), 
including administrative expenses, and for acquisition of land or 
waters, or interest therein, in accordance with statutory authority 
applicable to the Forest Service, $40,575,000, to be derived from the 
Land and Water Conservation Fund, to remain available until expended.

         acquisition of lands for national forests special acts

    For acquisition of lands within the exterior boundaries of the 
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National 
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland 
National Forests, California, as authorized by law, $1,069,000, to be 
derived from forest receipts.

            acquisition of lands to complete land exchanges

    For acquisition of lands, such sums, to be derived from funds 
deposited by State, county, or municipal governments, public school 
districts, or other public school authorities pursuant to the Act of 
December 4, 1967, as amended (16 U.S.C. 484a), to remain available 
until expended.

                         range betterment fund

    For necessary expenses of range rehabilitation, protection, and 
improvement, 50 per centum of all moneys received during the prior 
fiscal year, as fees for grazing domestic livestock on lands in 
National Forests in the sixteen Western States, pursuant to section 
401(b)(1) of Public Law 94-579, as amended, to remain available until 
expended, of which not to exceed 6 per centum shall be available for 
administrative expenses associated with on-the-ground range 
rehabilitation, protection, and improvements.

    gifts, donations and bequests for forest and rangeland research

    For expenses authorized by 16 U.S.C. 1643(b), $92,000, to remain 
available until expended, to be derived from the fund established 
pursuant to the above Act.

               administrative provisions, forest service

    Appropriations to the Forest Service for the current fiscal year 
shall be available for: (a) purchase of not to exceed 159 passenger 
motor vehicles of which 14 will be used primarily for law enforcement 
purposes and of which 149 shall be for replacement; acquisition of 10 
passenger motor vehicles from excess sources, and hire of such 
vehicles; operation and maintenance of aircraft, the purchase of not to 
exceed two for replacement only, and acquisition of 20 aircraft from 
excess sources; notwithstanding other provisions of law, existing 
aircraft being replaced may be sold, with proceeds derived or trade-in 
value used to offset the purchase price for the replacement aircraft; 
(b) services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for 
employment under 5 U.S.C. 3109; (c) purchase, erection, and alteration 
of buildings and other public improvements (7 U.S.C. 2250); (d) 
acquisition of land, waters, and interests therein, pursuant to 7 
U.S.C. 428a; (e) for expenses pursuant to the Volunteers in the 
National Forest Act of 1972 (16 U.S.C. 558a, 558d, 558a note); and (f) 
for debt collection contracts in accordance with 31 U.S.C. 3718(c).
    None of the funds made available under this Act shall be obligated 
or expended to change the boundaries of any region, to abolish any 
region, to move or close any regional office for research, State and 
private forestry, or National Forest System administration of the 
Forest Service, Department of Agriculture, or to implement any 
reorganization, ``reinvention'' or other type of organizational 
restructuring of the Forest Service, other than the relocation of the 
Regional Office for Region 5 of the Forest Service from San Francisco 
to excess military property at Mare Island, Vallejo, California, 
without the consent of the House and Senate Committees on 
Appropriations.
    Any funds available to the Forest Service may be used for 
retrofitting Mare Island facilities to accommodate the relocation: 
Provided, That funds for the move must come from funds otherwise 
available to Region 5: Provided further, That any funds to be provided 
for such purposes shall only be available upon approval of the House 
and Senate Committees on Appropriations.
    Any appropriations or funds available to the Forest Service may be 
advanced to the Wildland Fire Management appropriation and may be used 
for forest firefighting and the emergency rehabilitation of burned-over 
lands under its jurisdiction.
    Funds appropriated to the Forest Service shall be available for 
assistance to or through the Agency for International Development and 
the Foreign Agricultural Service in connection with forest and 
rangeland research, technical information, and assistance in foreign 
countries, and shall be available to support forestry and related 
natural resource activities outside the United States and its 
territories and possessions, including technical assistance, education 
and training, and cooperation with United States and international 
organizations.
    None of the funds made available to the Forest Service under this 
Act shall be subject to transfer under the provisions of section 702(b) 
of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) or 
7 U.S.C. 147b unless the proposed transfer is approved in advance by 
the House and Senate Committees on Appropriations in compliance with 
the reprogramming procedures contained in House Report 103-551.
    None of the funds available to the Forest Service may be 
reprogrammed without the advance approval of the House and Senate 
Committees on Appropriations in accordance with the procedures 
contained in House Report 103-551.
    No funds appropriated to the Forest Service shall be transferred to 
the Working Capital Fund of the Department of Agriculture without the 
approval of the Chief of the Forest Service.
    Notwithstanding any other provision of the law, any appropriations 
or funds available to the Forest Service may be used to disseminate 
program information to private and public individuals and organizations 
through the use of nonmonetary items of nominal value and to provide 
nonmonetary awards of nominal value and to incur necessary expenses for 
the nonmonetary recognition of private individuals and organizations 
that make contributions to Forest Service programs.
    Notwithstanding any other provision of law, money collected, in 
advance or otherwise, by the Forest Service under authority of section 
101 of Public Law 93-153 (30 U.S.C. 185(1)) as reimbursement of 
administrative and other costs incurred in processing pipeline right-
of-way or permit applications and for costs incurred in monitoring the 
construction, operation, maintenance, and termination of any pipeline 
and related facilities, may be used to reimburse the applicable 
appropriation to which such costs were originally charged.
    Funds available to the Forest Service shall be available to conduct 
a program of not less than $1,000,000 for high priority projects within 
the scope of the approved budget which shall be carried out by the 
Youth Conservation Corps as authorized by the Act of August 13, 1970, 
as amended by Public Law 93-408.
    None of the funds available in this Act shall be used for timber 
sale preparation using clearcutting in hardwood stands in excess of 25 
percent of the fiscal year 1989 harvested volume in the Wayne National 
Forest, Ohio: Provided, That this limitation shall not apply to 
hardwood stands damaged by natural disaster: Provided further, That 
landscape architects shall be used to maintain a visually pleasing 
forest.
    Any money collected from the States for fire suppression assistance 
rendered by the Forest Service on non-Federal lands not in the vicinity 
of National Forest System lands shall be used to reimburse the 
applicable appropriation and shall remain available until expended as 
the Secretary may direct in conducting activities authorized by 16 
U.S.C. 2101 (note), 2101-2110, 1606, and 2111.
    Of the funds available to the Forest Service, $1,500 is available 
to the Chief of the Forest Service for official reception and 
representation expenses.
    Notwithstanding any other provision of law, the Forest Service is 
authorized to employ or otherwise contract with persons at regular 
rates of pay, as determined by the Service, to perform work occasioned 
by emergencies such as fires, storms, floods, earthquakes or any other 
unavoidable cause without regard to Sundays, Federal holidays, and the 
regular workweek.
    To the greatest extent possible, and in accordance with the Final 
Amendment to the Shawnee National Forest Plan, none of the funds 
available in this Act shall be used for preparation of timber sales 
using clearcutting or other forms of even aged management in hardwood 
stands in the Shawnee National Forest, Illinois.
          Pursuant to sections 405(b) and 410(b) of Public Law 101-593, 
funds up to $1,000,000 for matching funds shall be available for the 
National Forest Foundation on a one-for-one basis to match private 
contributions for projects on or benefitting National Forest System 
lands or related to Forest Service programs.
    Pursuant to section 2(b)(2) of Public Law 98-244, up to $1,000,000 
of the funds available to the Forest Service shall be available for 
matching funds, as authorized in 16 U.S.C. 3701-3709, on a one-for-one 
basis to match private contributions for projects on or benefitting 
National Forest System lands or related to Forest Service programs.
    Funds appropriated to the Forest Service shall be available for 
interactions with and providing technical assistance to rural 
communities for sustainable rural development purposes.
    Notwithstanding any other provision of law, 80 percent of the funds 
appropriated to the Forest Service in the National Forest System and 
Construction accounts and planned to be allocated to activities under 
the ``Jobs in the Woods'' program for projects on National Forest land 
in the State of Washington may be granted directly to the Washington 
State Department of Fish and Wildlife for accomplishment of planned 
projects. Twenty percent of said funds shall be retained by the Forest 
Service for planning and administering projects. Project selection and 
prioritization shall be accomplished by the Forest Service with such 
consultation with the State of Washington as the Forest Service deems 
appropriate.
    Funds appropriated to the Forest Service shall be available for 
payments to counties within the Columbia River Gorge National Scenic 
Area, pursuant to sections 14(c)(1) and (2), and section 16(a)(2) of 
Public Law 99-663.
          The Secretary of Agriculture shall by March 31, 1997 report 
to the Committees on Appropriations of the House of Representatives and 
the Senate on the status and disposition of all salvage timber sales 
started under the authority of Section 2001 of Public Law 104-19 and 
subsequently withdrawn or delayed and completed under different 
authorities as a consequence of the July 2, 1996 directive on the 
implementation of Section 2001 issued by the Secretary.
          The Pacific Northwest Research Station Silviculture 
Laboratory in Bend, Oregon is hereby named the ``Robert W. Chandler 
Building''.
          For purposes of the Southeast Alaska Economic Disaster Fund 
as set forth in section 101(c) of Public Law 104-134, the direct grants 
provided in subsection (c) shall be considered direct payments for 
purposes of all applicable law except that these direct grants may not 
be used for lobbying activities.
          No employee of the Department of Agriculture may be detailed 
or assigned from an agency or office funded by this Act to any other 
agency or office of the Department for more than 30 days unless the 
individual's employing agency or office is fully reimbursed by the 
receiving agency or office for the salary and expenses of the employee 
for the period of assignment.

                          DEPARTMENT OF ENERGY

                         clean coal technology

                              (rescission)

    Of the funds made available under this heading for obligation in 
fiscal year 1997 or prior years, $123,000,000 are rescinded: Provided, 
That funds made available in previous appropriations Acts shall be 
available for any ongoing project regardless of the separate request 
for proposal under which the project was selected.

                 fossil energy research and development

    For necessary expenses in carrying out fossil energy research and 
development activities, under the authority of the Department of Energy 
Organization Act (Public Law 95-91), including the acquisition of 
interest, including defeasible and equitable interests in any real 
property or any facility or for plant or facility acquisition or 
expansion, and for conducting inquiries, technological investigations 
and research concerning the extraction, processing, use, and disposal 
of mineral substances without objectionable social and environmental 
costs (30 U.S.C. 3, 1602, and 1603), performed under the minerals and 
materials science programs at the Albany Research Center in Oregon, 
$364,704,000, to remain available until expended: Provided, That no 
part of the sum herein made available shall be used for the field 
testing of nuclear explosives in the recovery of oil and gas.

                      alternative fuels production

              (including transfer and rescission of funds)

    Monies received as investment income on the principal amount in the 
Great Plains Project Trust at the Norwest Bank of North Dakota, in such 
sums as are earned as of October 1, 1996, shall be deposited in this 
account and immediately transferred to the General Fund of the 
Treasury. Monies received as revenue sharing from the operation of the 
Great Plains Gasification Plant shall be immediately transferred to the 
General Fund of the Treasury. Funds are hereby rescinded in the amount 
of $2,500,000 from unobligated balances under this head.

                 naval petroleum and oil shale reserves

    For necessary expenses in carrying out naval petroleum and oil 
shale reserve activities, $143,786,000, to remain available until 
expended: Provided, That the requirements of 10 U.S.C. 7430(b)(2)(B) 
shall not apply to fiscal year 1997.

                          energy conservation

    For necessary expenses in carrying out energy conservation 
activities, $569,762,000, to remain available until expended, 
including, notwithstanding any other provision of law, the excess 
amount for fiscal year 1997 determined under the provisions of section 
3003(d) of Public Law 99-509 (15 U.S.C. 4502): Provided, That 
$149,845,000 shall be for use in energy conservation programs as 
defined in section 3008(3) of Public Law 99-509 (15 U.S.C. 4507) and 
shall not be available until excess amounts are determined under the 
provisions of section 3003(d) of Public Law 99-509 (15 U.S.C. 4502): 
Provided further, That notwithstanding section 3003(d)(2) of Public Law 
99-509 such sums shall be allocated to the eligible programs as 
follows: $120,845,000 for weatherization assistance grants and 
$29,000,000 for State energy conservation grants.

                          economic regulation

    For necessary expenses in carrying out the activities of the Office 
of Hearings and Appeals, $2,725,000, to remain available until 
expended.

                      strategic petroleum reserve

                     (including transfer of funds)

    For necessary expenses for Strategic Petroleum Reserve facility 
development and operations and program management activities pursuant 
to the Energy Policy and Conservation Act of 1975, as amended (42 
U.S.C. 6201 et seq.), $220,000,000, to remain available until expended, 
of which $220,000,000 shall be repaid from the ``SPR Operating Fund'' 
from amounts made available from the sale of oil from the Reserve: 
Provided, That notwithstanding section 161 of the Energy Policy and 
Conservation Act, the Secretary shall draw down and sell in fiscal year 
1997 $220,000,000 worth of oil from the Strategic Petroleum Reserve: 
Provided further, That the proceeds from the sale shall be deposited 
into a special account in the Treasury, to be established and known as 
the ``SPR Operating Fund'', and shall, upon receipt, be transferred to 
the Strategic Petroleum Reserve account for operations of the Strategic 
Petroleum Reserve.

                         spr petroleum account

    Notwithstanding 42 U.S.C. 6240(d) the United States share of crude 
oil in Naval Petroleum Reserve Numbered 1 (Elk Hills) may be sold or 
otherwise disposed of to other than the Strategic Petroleum Reserve: 
Provided, That outlays in fiscal year 1997 resulting from the use of 
funds in this account shall not exceed $5,000,000.

                   energy information administration

    For necessary expenses in carrying out the activities of the Energy 
Information Administration, $66,120,000 to remain available until 
expended.

            administrative provisions, department of energy

    Appropriations under this Act for the current fiscal year shall be 
available for hire of passenger motor vehicles; hire, maintenance, and 
operation of aircraft; purchase, repair, and cleaning of uniforms; and 
reimbursement to the General Services Administration for security guard 
services.
    From appropriations under this Act, transfers of sums may be made 
to other agencies of the Government for the performance of work for 
which the appropriation is made.
    None of the funds made available to the Department of Energy under 
this Act shall be used to implement or finance authorized price support 
or loan guarantee programs unless specific provision is made for such 
programs in an appropriations Act.
    The Secretary is authorized to accept lands, buildings, equipment, 
and other contributions from public and private sources and to 
prosecute projects in cooperation with other agencies, Federal, State, 
private or foreign: Provided, That revenues and other moneys received 
by or for the account of the Department of Energy or otherwise 
generated by sale of products in connection with projects of the 
Department appropriated under this Act may be retained by the Secretary 
of Energy, to be available until expended, and used only for plant 
construction, operation, costs, and payments to cost-sharing entities 
as provided in appropriate cost-sharing contracts or agreements: 
Provided further, That the remainder of revenues after the making of 
such payments shall be covered into the Treasury as miscellaneous 
receipts: Provided further, That any contract, agreement, or provision 
thereof entered into by the Secretary pursuant to this authority shall 
not be executed prior to the expiration of 30 calendar days (not 
including any day in which either House of Congress is not in session 
because of adjournment of more than three calendar days to a day 
certain) from the receipt by the Speaker of the House of 
Representatives and the President of the Senate of a full comprehensive 
report on such project, including the facts and circumstances relied 
upon in support of the proposed project.
    No funds provided in this Act may be expended by the Department of 
Energy to prepare, issue, or process procurement documents for programs 
or projects for which appropriations have not been made.
    In addition to other authorities set forth in this Act, the 
Secretary may accept fees and contributions from public and private 
sources, to be deposited in a contributed funds account, and prosecute 
projects using such fees and contributions in cooperation with other 
Federal, State or private agencies or concerns.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service

                         indian health services

    For expenses necessary to carry out the Act of August 5, 1954 (68 
Stat. 674), the Indian Self-Determination Act, the Indian Health Care 
Improvement Act, and titles II and III of the Public Health Service Act 
with respect to the Indian Health Service, $1,806,269,000, together 
with payments received during the fiscal year pursuant to 42 U.S.C. 
238(b) for services furnished by the Indian Health Service: Provided, 
That funds made available to tribes and tribal organizations through 
contracts, grant agreements, or any other agreements or compacts 
authorized by the Indian Self-Determination and Education Assistance 
Act of 1975 (25 U.S.C. 450), shall be deemed to be obligated at the 
time of the grant or contract award and thereafter shall remain 
available to the tribe or tribal organization without fiscal year 
limitation: Provided further, That $12,000,000 shall remain available 
until expended, for the Indian Catastrophic Health Emergency Fund: 
Provided further, That $356,325,000 for contract medical care shall 
remain available for obligation until September 30, 1998: Provided 
further, That of the funds provided, not less than $11,706,000 shall be 
used to carry out the loan repayment program under section 108 of the 
Indian Health Care Improvement Act: Provided further, That funds 
provided in this Act may be used for one-year contracts and grants 
which are to be performed in two fiscal years, so long as the total 
obligation is recorded in the year for which the funds are 
appropriated: Provided further, That the amounts collected by the 
Secretary of Health and Human Services under the authority of title IV 
of the Indian Health Care Improvement Act shall remain available until 
expended for the purpose of achieving compliance with the applicable 
conditions and requirements of titles XVIII and XIX of the Social 
Security Act (exclusive of planning, design, or construction of new 
facilities) Provided further, That of the funds provided, $7,500,000 
shall remain available until expended, for the Indian Self-
Determination Fund, which shall be available for the transitional costs 
of initial or expanded tribal contracts, compacts, grants or 
cooperative agreements with the Indian Health Service under the 
provisions of the Indian Self-Determination Act: Provided further, That 
funding contained herein, and in any earlier appropriations Acts for 
scholarship programs under the Indian Health Care Improvement Act (25 
U.S.C. 1613) shall remain available for obligation until September 30, 
1998: Provided further, That amounts received by tribes and tribal 
organizations under title IV of the Indian Health Care Improvement Act 
shall be reported and accounted for and available to the receiving 
tribes and tribal organizations until expended.

                        indian health facilities

    For construction, repair, maintenance, improvement, and equipment 
of health and related auxiliary facilities, including quarters for 
personnel; preparation of plans, specifications, and drawings; 
acquisition of sites, purchase and erection of modular buildings, and 
purchases of trailers; and for provision of domestic and community 
sanitation facilities for Indians, as authorized by section 7 of the 
Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination 
Act, and the Indian Health Care Improvement Act, and for expenses 
necessary to carry out such Acts and titles II and III of the Public 
Health Service Act with respect to environmental health and facilities 
support activities of the Indian Health Service, $247,731,000, to 
remain available until expended: Provided, That notwithstanding any 
other provision of law, funds appropriated for the planning, design, 
construction or renovation of health facilities for the benefit of an 
Indian tribe or tribes may be used to purchase land for sites to 
construct, improve, or enlarge health or related facilities.

            administrative provisions, indian health service

    Appropriations in this Act to the Indian Health Service shall be 
available for services as authorized by 5 U.S.C. 3109 but at rates not 
to exceed the per diem rate equivalent to the maximum rate payable for 
senior-level positions under 5 U.S.C. 5376; hire of passenger motor 
vehicles and aircraft; purchase of medical equipment; purchase of 
reprints; purchase, renovation and erection of modular buildings and 
renovation of existing facilities; payments for telephone service in 
private residences in the field, when authorized under regulations 
approved by the Secretary; and for uniforms or allowances therefore as 
authorized by 5 U.S.C. 5901-5902; and for expenses of attendance at 
meetings which are concerned with the functions or activities for which 
the appropriation is made or which will contribute to improved conduct, 
supervision, or management of those functions or activities: Provided, 
That in accordance with the provisions of the Indian Health Care 
Improvement Act, non-Indian patients may be extended health care at all 
tribally administered or Indian Health Service facilities, subject to 
charges, and the proceeds along with funds recovered under the Federal 
Medical Care Recovery Act (42 U.S.C. 2651-53) shall be credited to the 
account of the facility providing the service and shall be available 
without fiscal year limitation: Provided further, That notwithstanding 
any other law or regulation, funds transferred from the Department of 
Housing and Urban Development to the Indian Health Service shall be 
administered under Public Law 86-121 (the Indian Sanitation Facilities 
Act) and Public Law 93-638, as amended: Provided further, That funds 
appropriated to the Indian Health Service in this Act, except those 
used for administrative and program direction purposes, shall not be 
subject to limitations directed at curtailing Federal travel and 
transportation: Provided further, That notwithstanding any other 
provision of law, funds previously or herein made available to a tribe 
or tribal organization through a contract, grant, or agreement 
authorized by title I or title III of the Indian Self-Determination and 
Education Assistance Act of 1975 (25 U.S.C. 450), may be deobligated 
and reobligated to a self-determination contract under title I, or a 
self-governance agreement under title III of such Act and thereafter 
shall remain available to the tribe or tribal organization without 
fiscal year limitation: Provided further, That none of the funds made 
available to the Indian Health Service in this Act shall be used to 
implement the final rule published in the Federal Register on September 
16, 1987, by the Department of Health and Human Services, relating to 
the eligibility for the health care services of the Indian Health 
Service until the Indian Health Service has submitted a budget request 
reflecting the increased costs associated with the proposed final rule, 
and such request has been included in an appropriations Act and enacted 
into law: Provided further, That funds made available in this Act are 
to be apportioned to the Indian Health Service as appropriated in this 
Act, and accounted for in the appropriation structure set forth in this 
Act: Provided further, That funds received from any source, including 
tribal contractors and compactors for previously transferred functions 
which tribal contractors and compactors no longer wish to retain, for 
services, goods, or training and technical assistance, shall be 
retained by the Indian Health Service and shall remain available until 
expended by the Indian Health Service: Provided further, That 
reimbursements for training, technical assistance, or services provided 
by the Indian Health Service will contain total costs, including 
direct, administrative, and overhead associated with the provision of 
goods, services, or technical assistance: Provided further, That the 
appropriation structure for the Indian Health Service may not be 
altered without advance approval of the House and Senate Committees on 
Appropriations.

                        DEPARTMENT OF EDUCATION

              Office of Elementary and Secondary Education

                            indian education

    For necessary expenses to carry out, to the extent not otherwise 
provided, title IX, part A of the Elementary and Secondary Education 
Act of 1965, as amended, and section 215 of the Department of Education 
Organization Act, $61,000,000.

                         OTHER RELATED AGENCIES

              Office of Navajo and Hopi Indian Relocation

                         salaries and expenses

    For necessary expenses of the Office of Navajo and Hopi Indian 
Relocation as authorized by Public Law 93-531, $19,345,000, to remain 
available until expended: Provided, That funds provided in this or any 
other appropriations Act are to be used to relocate eligible 
individuals and groups including evictees from District 6, Hopi-
partitioned lands residents, those in significantly substandard 
housing, and all others certified as eligible and not included in the 
preceding categories: Provided further, That none of the funds 
contained in this or any other Act may be used by the Office of Navajo 
and Hopi Indian Relocation to evict any single Navajo or Navajo family 
who, as of November 30, 1985, was physically domiciled on the lands 
partitioned to the Hopi Tribe unless a new or replacement home is 
provided for such household: Provided further, That no relocatee will 
be provided with more than one new or replacement home: Provided 
further, That the Office shall relocate any certified eligible 
relocatees who have selected and received an approved homesite on the 
Navajo reservation or selected a replacement residence off the Navajo 
reservation or on the land acquired pursuant to 25 U.S.C. 640d-10.

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development

                        payment to the institute

    For payment to the Institute of American Indian and Alaska Native 
Culture and Arts Development, as authorized by title XV of Public Law 
99-498, as amended (20 U.S.C. 56, part A), $5,500,000.

                        Smithsonian Institution

                         salaries and expenses

    For necessary expenses of the Smithsonian Institution, as 
authorized by law, including research in the fields of art, science, 
and history; development, preservation, and documentation of the 
National Collections; presentation of public exhibits and performances; 
collection, preparation, dissemination, and exchange of information and 
publications; conduct of education, training, and museum assistance 
programs; maintenance, alteration, operation, lease (for terms not to 
exceed thirty years), and protection of buildings, facilities, and 
approaches; not to exceed $100,000 for services as authorized by 5 
U.S.C. 3109; up to 5 replacement passenger vehicles; purchase, rental, 
repair, and cleaning of uniforms for employees; $317,557,000, of which 
not to exceed $30,665,000 for the instrumentation program, collections 
acquisition, Museum Support Center equipment and move, exhibition 
reinstallation, the National Museum of the American Indian, the 
repatriation of skeletal remains program, research equipment, 
information management, and Latino programming shall remain available 
until expended, and including such funds as may be necessary to support 
American overseas research centers and a total of $125,000 for the 
Council of American Overseas Research Centers: Provided, That funds 
appropriated herein are available for advance payments to independent 
contractors performing research services or participating in official 
Smithsonian presentations.

        construction and improvements, national zoological park

    For necessary expenses of planning, construction, remodeling, and 
equipping of buildings and facilities at the National Zoological Park, 
by contract or otherwise, $3,850,000, to remain available until 
expended.

                  repair and restoration of buildings

    For necessary expenses of repair and restoration of buildings owned 
or occupied by the Smithsonian Institution, by contract or otherwise, 
as authorized by section 2 of the Act of August 22, 1949 (63 Stat. 
623), including not to exceed $10,000 for services as authorized by 5 
U.S.C. 3109, $39,000,000, to remain available until expended: Provided, 
That contracts awarded for environmental systems, protection systems, 
and exterior repair or restoration of buildings of the Smithsonian 
Institution may be negotiated with selected contractors and awarded on 
the basis of contractor qualifications as well as price.

                              construction

    For necessary expenses for construction, $10,000,000, to remain 
available until expended.

                        National Gallery of Art

                         salaries and expenses

    For the upkeep and operations of the National Gallery of Art, the 
protection and care of the works of art therein, and administrative 
expenses incident thereto, as authorized by the Act of March 24, 1937 
(50 Stat. 51), as amended by the public resolution of April 13, 
1939 (Public Resolution 9, Seventy-sixth Congress), including services 
as authorized by 5 U.S.C. 3109; payment in advance when authorized by 
the treasurer of the Gallery for membership in library, museum, and art 
associations or societies whose publications or services are available 
to members only, or to members at a price lower than to the general 
public; purchase, repair, and cleaning of uniforms for guards, and 
uniforms, or allowances therefor, for other employees as authorized by 
law (5 U.S.C. 5901-5902); purchase or rental of devices and services 
for protecting buildings and contents thereof, and maintenance, 
alteration, improvement, and repair of buildings, approaches, and 
grounds; and purchase of services for restoration and repair of works 
of art for the National Gallery of Art by contracts made, without 
advertising, with individuals, firms, or organizations at such rates or 
prices and under such terms and conditions as the Gallery may deem 
proper, $53,899,000, of which not to exceed $3,026,000 for the special 
exhibition program shall remain available until expended.

            repair, restoration and renovation of buildings

    For necessary expenses of repair, restoration and renovation of 
buildings, grounds and facilities owned or occupied by the National 
Gallery of Art, by contract or otherwise, as authorized, $5,942,000, to 
remain available until expended: Provided, That contracts awarded for 
environmental systems, protection systems, and exterior repair or 
renovation of buildings of the National Gallery of Art may be 
negotiated with selected contractors and awarded on the basis of 
contractor qualifications as well as price.

             John F. Kennedy Center for the Performing Arts

                       operations and maintenance

    For necessary expenses for the operation, maintenance and security 
of the John F. Kennedy Center for the Performing Arts, $10,875,000.

                              construction

    For necessary expenses of capital repair and rehabilitation of the 
existing features of the building and site of the John F. Kennedy 
Center for the Performing Arts, $9,000,000, to remain available until 
expended.

            Woodrow Wilson International Center for Scholars

                         salaries and expenses

    For expenses necessary in carrying out the provisions of the 
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of 
passenger vehicles and services as authorized by 5 U.S.C. 3109, 
$5,840,000.

           National Foundation on the Arts and the Humanities

                    National Endowment for the Arts

                       grants and administration

    For necessary expenses to carry out the National Foundation on the 
Arts and the Humanities Act of 1965, as amended, $82,734,000, shall be 
available to the National Endowment for the Arts for the support of 
projects and productions in the arts through assistance to 
organizations and individuals pursuant to section 5(c) of the Act, and 
for administering the functions of the Act, to remain available until 
expended.

                            matching grants

    To carry out the provisions of section 10(a)(2) of the National 
Foundation on the Arts and the Humanities Act of 1965, as amended, 
$16,760,000, to remain available until expended, to the National 
Endowment for the Arts: Provided, That this appropriation shall be 
available for obligation only in such amounts as may be equal to the 
total amounts of gifts, bequests, and devises of money, and other 
property accepted by the Chairman or by grantees of the Endowment under 
the provisions of section 10(a)(2), subsections 11(a)(2)(A) and 
11(a)(3)(A) during the current and preceding fiscal years for which 
equal amounts have not previously been appropriated.

                 National Endowment for the Humanities

                       grants and administration

    For necessary expenses to carry out the National Foundation on the 
Arts and the Humanities Act of 1965, as amended, $96,100,000, shall be 
available to the National Endowment for the Humanities for support of 
activities in the humanities, pursuant to section 7(c) of the Act, and 
for administering the functions of the Act, to remain available until 
expended.

                            matching grants

    To carry out the provisions of section 10(a)(2) of the National 
Foundation on the Arts and the Humanities Act of 1965, as amended, 
$13,900,000, to remain available until expended, of which $8,000,000 
shall be available to the National Endowment for the Humanities for the 
purposes of section 7(h): Provided, That this appropriation shall be 
available for obligation only in such amounts as may be equal to the 
total amounts of gifts, bequests, and devises of money, and other 
property accepted by the Chairman or by grantees of the Endowment under 
the provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) during the 
current and preceding fiscal years for which equal amounts have not 
previously been appropriated.

                      Institute of Museum Services

                       grants and administration

    For carrying out title II of the Arts, Humanities, and Cultural 
Affairs Act of 1976, as amended, $22,000,000, to remain available until 
expended.

                       administrative provisions

    None of the funds appropriated to the National Foundation on the 
Arts and the Humanities may be used to process any grant or contract 
documents which do not include the text of 18 U.S.C. 1913: Provided, 
That none of the funds appropriated to the National Foundation on the 
Arts and the Humanities may be used for official reception and 
representation expenses.

                        Commission of Fine Arts

                         salaries and expenses

    For expenses made necessary by the Act establishing a Commission of 
Fine Arts (40 U.S.C. 104), $867,000.

               national capital arts and cultural affairs

    For necessary expenses as authorized by Public Law 99-190 (20 
U.S.C. 956(a)), as amended, $6,000,000.

               Advisory Council on Historic Preservation

                         salaries and expenses

    For necessary expenses of the Advisory Council on Historic 
Preservation (Public Law 89-665, as amended), $2,500,000: Provided, 
That none of these funds shall be available for the compensation of 
Executive Level V or higher positions.

                  National Capital Planning Commission

                         salaries and expenses

    For necessary expenses, as authorized by the National Capital 
Planning Act of 1952 (40 U.S.C. 71-71i), including services as 
authorized by 5 U.S.C. 3109, $5,390,000: Provided, That all appointed 
members will be compensated at a rate not to exceed the rate for 
Executive Schedule Level IV.

             Franklin Delano Roosevelt Memorial Commission

                         salaries and expenses

    For necessary expenses of the Franklin Delano Roosevelt Memorial 
Commission, established by the Act of August 11, 1955 (69 Stat. 694), 
as amended by Public Law 92-332 (86 Stat. 401), $500,000 to remain 
available until expended.

                United States Holocaust Memorial Council

                       holocaust memorial council

    For expenses of the Holocaust Memorial Council, as authorized by 
Public Law 96-388 (36 U.S.C. 1401), as amended, $30,707,000, of which 
$1,575,000 for the Museum's repair and rehabilitation program and 
$1,264,000 for the Museum's exhibitions program shall remain available 
until expended.

                     TITLE III--GENERAL PROVISIONS

    Sec. 301. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, pursuant to 5 
U.S.C. 3109, shall be limited to those contracts where such 
expenditures are a matter of public record and available for public 
inspection, except where otherwise provided under existing law, or 
under existing Executive Order issued pursuant to existing law.
    Sec. 302. No part of any appropriation under this Act shall be 
available to the Secretary of the Interior or the Secretary of 
Agriculture for the leasing of oil and natural gas by noncompetitive 
bidding on publicly owned lands within the boundaries of the Shawnee 
National Forest, Illinois: Provided, That nothing herein is intended to 
inhibit or otherwise affect the sale, lease, or right to access to 
minerals owned by private individuals.
    Sec. 303. No part of any appropriation contained in this Act shall 
be available for any activity or the publication or distribution of 
literature that in any way tends to promote public support or 
opposition to any legislative proposal on which congressional action is 
not complete.
    Sec. 304. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 305. None of the funds provided in this Act to any department 
or agency shall be obligated or expended to provide a personal cook, 
chauffeur, or other personal servants to any officer or employee of 
such department or agency except as otherwise provided by law.
    Sec. 306. No assessments may be levied against any program, budget 
activity, subactivity, or project funded by this Act unless advance 
notice of such assessments and the basis therefor are presented to the 
Committees on Appropriations and are approved by such Committees.
    Sec. 307. (a) Compliance With Buy American Act.--None of the funds 
made available in this Act may be expended by an entity unless the 
entity agrees that in expending the funds the entity will comply with 
sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c; 
popularly known as the ``Buy American Act'').
    (b) Sense of Congress; Requirement Regarding Notice.--
            (1) Purchase of american-made equipment and products.--In 
        the case of any equipment or product that may be authorized to 
        be purchased with financial assistance provided using funds 
        made available in this Act, it is the sense of the Congress 
        that entities receiving the assistance should, in expending the 
        assistance, purchase only American-made equipment and products.
            (2) Notice to recipients of assistance.--In providing 
        financial assistance using funds made available in this Act, 
        the head of each Federal agency shall provide to each recipient 
        of the assistance a notice describing the statement made in 
        paragraph (1) by the Congress.
     (c) Prohibition of Contracts With Persons Falsely Labeling 
Products as Made in America.--If it has been finally determined by a 
court or Federal agency that any person intentionally affixed a label 
bearing a ``Made in America'' inscription, or any inscription with the 
same meaning, to any product sold in or shipped to the United States 
that is not made in the United States, the person shall be ineligible 
to receive any contract or subcontract made with funds made available 
in this Act, pursuant to the debarment, suspension, and ineligibility 
procedures described in sections 9.400 through 9.409 of title 48, Code 
of Federal Regulations.
    Sec. 308. None of the funds in this Act may be used to plan, 
prepare, or offer for sale timber from trees classified as giant 
sequoia (Sequoiadendron giganteum) which are located on National Forest 
System or Bureau of Land Management lands in a manner different than 
such sales were conducted in fiscal year 1995.
    Sec. 309. None of the funds made available by this Act may be 
obligated or expended by the National Park Service to enter into or 
implement a concession contract which permits or requires the removal 
of the underground lunchroom at the Carlsbad Caverns National Park.
    Sec. 310. Where the actual costs of construction projects under 
self-determination contracts, compacts, or grants, pursuant to Public 
Laws 93-638, 103-413, or 100-297, are less than the estimated costs 
thereof, use of the resulting excess funds shall be determined by the 
appropriate Secretary after consultation with the tribes.
    Sec. 311. Notwithstanding Public Law 103-413, quarterly payments of 
funds to tribes and tribal organizations under annual funding 
agreements pursuant to section 108 of Public Law 93-638, as amended, 
may be made on the first business day following the first day of a 
fiscal quarter.
    Sec. 312. None of the funds appropriated or otherwise made 
available by this Act may be used for the AmeriCorps program, unless 
the relevant agencies of the Department of the Interior and/or 
Agriculture follow appropriate reprogramming guidelines: Provided, That 
if no funds are provided for the AmeriCorps program by the VA-HUD and 
Independent Agencies fiscal year 1997 appropriations bill, then none of 
the funds appropriated or otherwise made available by this Act may be 
used for the AmeriCorps programs.
    Sec. 313. None of the funds made available in this Act may be used 
(1) to demolish the bridge between Jersey City, New Jersey, and Ellis 
Island; or (2) to prevent pedestrian use of such bridge, when it is 
made known to the Federal official having authority to obligate or 
expend such funds that such pedestrian use is consistent with generally 
accepted safety standards.
    Sec. 314. (a) None of the funds appropriated or otherwise made 
available pursuant to this Act shall be obligated or expended to accept 
or process applications for a patent for any mining or mill site claim 
located under the general mining laws.
    (b) The provisions of subsection (a) shall not apply if the 
Secretary of the Interior determines that, for the claim concerned: (1) 
a patent application was filed with the Secretary on or before 
September 30, 1994, and (2) all requirements established under sections 
2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or 
lode claims and sections 2329, 2330, 2331, and 2333 of the Revised 
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337 
of the Revised Statutes (30 U.S.C. 42) for mill site claims, as the 
case may be, were fully complied with by the applicant by that date.
    (c) Processing Schedule.--For those applications for patents 
pursuant to subsection (b) which were filed with the Secretary of the 
Interior, prior to September 30, 1994, the Secretary of the Interior 
shall--
            (1) Within three months of the enactment of this Act, file 
        with the House and Senate Committees on Appropriations and the 
        Committee on Resources of the House of Representatives and the 
        Committee on Energy and Natural Resources of the United States 
        Senate a plan which details how the Department of the Interior 
        will make a final determination as to whether or not an 
        applicant is entitled to a patent under the general mining laws 
        on at least 90 percent of such applications within five years 
        of the enactment of this Act and file reports annually 
        thereafter with the same committees detailing actions taken by 
        the Department of the Interior to carry out such plan; and
            (2) Take such actions as may be necessary to carry out such 
        plan.
    (d) Mineral Examinations.--In order to process patent applications 
in a timely and responsible manner, upon the request of a patent 
applicant, the Secretary of the Interior shall allow the applicant to 
fund a qualified third-party contractor to be selected by the Bureau of 
Land Management to conduct a mineral examination of the mining claims 
or mill sites contained in a patent application as set forth in 
subsection (b). The Bureau of Land Management shall have the sole 
responsibility to choose and pay the third-party contractor in 
accordance with the standard procedures employed by the Bureau of Land 
Management in the retention of third-party contractors.
    Sec. 315. None of the funds appropriated or otherwise made 
available by this Act may be used for the purposes of acquiring lands 
in the counties of Gallia, Lawrence, Monroe, or Washington, Ohio, for 
the Wayne National Forest.
    Sec. 316. Of the funds provided to the National Endowment for the 
Arts:
            (a) The Chairperson shall only award a grant to an 
        individual if such grant is awarded to such individual for a 
        literature fellowship, National Heritage Fellowship, or 
        American Jazz Masters Fellowship.
            (b) The Chairperson shall establish procedures to ensure 
        that no funding provided through a grant, except a grant made 
        to a State or local arts agency, or regional group, may be used 
        to make a grant to any other organization or individual to 
        conduct activity independent of the direct grant recipient. 
        Nothing in this subsection shall prohibit payments made in 
        exchange for goods and services.
            (c) No grant shall be used for seasonal support to a group, 
        unless the application is specific to the contents of the 
        season, including identified programs and/or projects.
          Sec. 317. None of the funds available to the Department of 
the Interior or the Department of Agriculture by this or any other Act 
may be used to prepare, promulgate, implement, or enforce any interim 
or final rule or regulation pursuant to Title VIII of the Alaska 
National Interest Lands Conservation Act to assert jurisdiction, 
management, or control over any waters (other than non-navigable waters 
on Federal lands), non-Federal lands, or lands selected by, but not 
conveyed to, the State of Alaska pursuant to the Submerged Lands Act of 
1953 or the Alaska Statehood Act, or an Alaska Native Corporation 
pursuant to the Alaska Native Claims Settlement Act.
    Sec. 318. No funds appropriated under this or any other Act shall 
be used to review or modify sourcing areas previously approved under 
section 490(c)(3) of the Forest Resources Conservation and Shortage 
Relief Act of 1990 (Public Law 101-382) or to enforce or implement 
Federal regulations 36 CFR part 223 promulgated on September 8, 1995. 
The regulations and interim rules in effect prior to September 8, 1995 
(36 CFR 223.48, 36 CFR 223.87, 36 CFR 223 subpart D, 36 CFR 223 subpart 
F, and 36 CFR 261.6) shall remain in effect. The Secretary of 
Agriculture or the Secretary of the Interior shall not adopt any 
policies concerning Public Law 101-382 or existing regulations that 
would restrain domestic transportation or processing of timber from 
private lands or impose additional accountability requirements on any 
timber. The Secretary of Commerce shall extend until September 30, 
1997, the order issued under section 491(b)(2)(A) of Public Law 101-382 
and shall issue an order under section 491(b)(2)(B) of such law that 
will be effective October 1, 1997.
    Sec. 319. Section 101(c) of Public Law 104-134 is amended as 
follows: Under the heading ``Title III--General Provisions'' amend 
section 315(b) by striking ``50, areas,'' and inserting in lieu thereof 
``100, areas,'' and amend section 315(f) by striking ``September 30, 
1998'' and inserting in lieu thereof ``September 30, 1999'' and by 
striking ``September 30, 2001'' and inserting in lieu thereof 
``September 30, 2002''.
    Sec. 320. None of the amounts made available by this Act may be 
used for design, planning, implementation, engineering, construction, 
or any other activity in connection with a scenic shoreline drive in 
Pictured Rocks National Lakeshore.
    Sec. 321. Land Transfer, Bend Silviculture Lab, Deschutes National 
Forest, Oregon.--
            (a) Transfer of real property and all improvements located 
        thereon.--Notwithstanding any other provisions of law, there is 
        hereby transferred, without consideration and subject to 
        existing valid rights, all right, title and interest of the 
        United States in and to approximately 5.73 acres of land as 
        described by plat dated July 7, 1977, (which is on file and 
        available for public inspection in the Office of the Chief, 
        USDA Forest Service, Washington, D.C.), as well as all 
        improvements, including the Bend Silviculture Lab located 
        thereon, to the Central Oregon Community College, Bend, Oregon; 
        this being a portion of the same tract acquired by donation 
        from the City of Bend on August 10, 1960, through a Bargain and 
        Sale deed to the USDA Forest Service for use as a research lab, 
        and recorded in volume 125, page 508 of the Deschutes County, 
        Oregon, Deed Records.
            (b) Conditions of transfer.--The transfer effected by 
        subsection (a) is made subject to no special terms or 
        conditions.
    Sec. 322. No part of any appropriation contained in this Act or any 
other Act shall be expended or obligated to fund the activities of the 
Office of Forestry and Economic Assistance, or any successor office 
after December 31, 1996.
    Sec. 323. (a) The Secretary of the Interior is authorized to accept 
title to approximately 84 acres of land located in Prince Georges 
County, Maryland, adjacent to Oxon Cove Park, and bordered generally by 
the Potomac River, Interstate 295 and the Woodrow Wilson Bridge, or any 
interest therein, and in exchange therefor may convey to the 
Corrections Corporation of America approximately 50 acres of land 
located in Oxon Cove Park in the District of Columbia and bordered 
generally by Oxon Cove, Interstate 295 and the District of Columbia 
Impound Lot, or any interest therein.
    (b) Before proceeding with an exchange, the Secretary shall 
determine if the federal property is suitable for exchange under the 
criteria normally used by the National Park Service. The exchange shall 
comply with applicable regulations and National Park Service policies 
for land exchanges.
    (c)(1) The Secretary shall not acquire any lands under this section 
if the Secretary determines that the lands or any portion thereof have 
become contaminated with hazardous substances (as defined in the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(42 U.S.C. 9601)).
    (2) Notwithstanding any other provision of law, the United States 
shall have no responsibility or liability with respect to any hazardous 
wastes or other substances placed on any of the lands covered by this 
section after their transfer to the ownership of any party, but nothing 
in this section shall be construed as either diminishing or increasing 
any responsibility or liability of the United States based on the 
condition of such lands on the date of their transfer to the ownership 
of another party: Provided, That the Corrections Corporation of America 
shall indemnify the United States for liabilities arising under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(42 U.S.C. 9601) and the Resource Conservation Recovery Act (42 U.S.C. 
6901, et seq.).
    (d) The properties so exchanged either shall be approximately equal 
in fair market value or if they are not approximately equal, shall be 
equalized by the payment of cash to the Corporation or to the Secretary 
as required or in the event the value of the Corporation's lands is 
greater, the acreage may be reduced so that the fair market value is 
approximately equal: Provided, That the Secretary shall order 
appraisals made of the fair market value for improvements thereon: 
Provided further, That any such cash payment received by the Secretary 
shall be deposited to ``Miscellaneous Trust Funds, National Park 
Service'' and shall be available without further appropriation until 
expended for the acquisition of land within the National Park System.
    (e) Costs of conducting necessary land surveys, preparing the legal 
descriptions of the lands to be conveyed, performing the appraisals, 
and administrative costs incurred in completing the exchange shall be 
borne by the Corporation.
    (f) Following any exchange authorized by this provision, the 
boundaries of Oxon Cove Park shall be expanded to include the land 
acquired by the United States.
    Sec. 324. Section 1. Land Exchange.--
            (a) Exchange.--Subject to subsection (c), the Secretary of 
        Agriculture (referred to in this section as the ``Secretary'') 
        shall convey all right, title, and interest of the United 
        States in and to the National Forest System lands described in 
        subsection (b)(1) to Public Utility District No. 1 of Chelan 
        County, Washington (referred to in this section as the ``Public 
        Utility District''), in exchange for the conveyance to the 
        Department of Agriculture by the Public Utility District of all 
        right, title, and interest of the Public Utility District in 
        and to the lands described in subsection (b)(2).
            (b) Description of lands.--
                    (1) National Forest System Lands.--The National 
                Forest System lands referred to in subsection (a) are 
                122 acres, more or less, that are partially occupied by 
                a wastewater treatment facility referred to in 
                subsection (c)(4)(A) with the following legal 
                description:
                            (A) The NE\1/4\ of SW\1/4\ of section 27 of 
                        township 27 north, range 17 east, Willamette 
                        Meridian, Chelan County, Washington.
                            (B) The N\1/2\ of SE\1/4\ of SW\1/4\ of 
                        such section 27.
                            (C) The W\1/2\ of NW\1/4\ of SE\1/4\ of 
                        such section 27.
                            (D) The NW\1/4\ of SW\1/4\ of SE\1/4\ of 
                        such section 27.
                            (E) The E\1/2\ of NW\1/4\ of the SE\1/4\ of 
                        such section 27.
                            (F) That portion of the S\1/2\ of SE\1/4\ 
                        of SW\1/4\ lying north of the northerly edge of 
                        Highway 209 right-of-way of such section 27.
                    (2) Public utility district lands.--The lands owned 
                by the Public Utility District are 109.15 acres, more 
                or less, with the following legal description:
                            (A) S\1/2\ of SW\1/4\ of section 35 of 
                        township 26 north, range 17 east, Willamette 
                        Meridian, Chelan County, Washington.
                            (B) The area specified by Public Utility 
                        District No. 1 as Government Lot 5 in such 
                        section 35.
            (c) Requirements for exchange.--
                    (1) Title acceptance and conveyance.--Upon offer by 
                the Public Utility District of all right, title and 
                interest in and to the lands described in subsection 
                (b)(2), if the title is found acceptable by the 
                Secretary, the Secretary shall accept title to such 
                lands and interests therein and shall convey to the 
                Public Utility District all right, title, and interest 
                of the United States in and to the lands described in 
                subsection (b)(1).
                    (2) Appraisals required.--Before making an exchange 
                pursuant to subsection (a), the Secretary shall conduct 
                appraisals of the lands that are subject to the 
                exchange to determine the fair market value of the 
                lands. Such appraisals shall not include the value of 
                the wastewater treatment facility referred to in 
                paragraph (4)(A).
                    (3) Additional consideration.--If, on the basis of 
                the appraisals made under paragraph (1), the Secretary 
                determines that the fair market value of the lands to 
                be conveyed by one party under subsection (a) is less 
                than the fair market value of the lands to be conveyed 
                by the other party under subsection (a), then, as a 
                condition of making the exchange under subsection (a), 
                the party conveying the lands with the lesser value 
                shall pay the other party the amount by which the fair 
                market value of the lands of greater value exceeds the 
                fair market value of the lands of lesser value.
                    (4) Conveyance of wastewater treatment facility.--
                (A) As part of an exchange made under subsection (a), 
                the Secretary shall convey to the Public Utility 
                District of Chelan County, Washington, all right, title 
                and interest of the United States in and to the 
                wastewater treatment facility (including the wastewater 
                treatment plant and associated lagoons) located on the 
                lands described in subsection (b)(1) that is in 
                existence on the date of the exchange.
                    (B) As a condition for the exchange under 
                subsection (a), the Public Utility District shall 
                provide for a credit equal to the fair market value of 
                the wastewater treatment facility conveyed pursuant to 
                subparagraph (A) (determined as of November 4, 1991), 
                that shall be applied to the United States' share of 
                any new wastewater treatment facility constructed by 
                the Public Utility District after such date.
            (d) Additional terms and conditions.--The Secretary may 
        require such additional terms and conditions in connection with 
        the exchange under this section as the Secretary determines 
        appropriate to protect the interests of the United States.
    Sec. 325. ``Snoqualmie National Forest Boundary Adjustment Act of 
1996.''
            (a) In general.--The Secretary of Agriculture is hereby 
        directed to modify the boundary of the Snoqualmie National 
        Forest to include and encompass 10,589.47 acres, more or less, 
        as generally depicted on a map entitled ``Snoqualmie National 
        Forest Proposed 1996 Boundary Modification'' dated July, 1996. 
        Such map, together with a legal description of all lands 
        included in the boundary adjustment, shall be on file and 
        available for public inspection in the Office of the Chief of 
        the Forest Service in Washington, District of Columbia.
            (b) Rule for land and water conservation fund.--For the 
        purposes of section 7 of the Land and Water Conservation Fund 
        Act of 1965 (16 U.S.C. 460l-9), the boundary of the Snoqualmie 
        National Forest, as modified pursuant to subsection (a), shall 
        be considered to be the boundary of that National Forest as of 
        January 1, 1965.
    Sec. 326. Sugarbush Land Exchange Act of 1996.
            (a) Exchange or sale of land.--
                    (1) If Sugarbush Resort Holdings, Inc. conveys to 
                the United States land acceptable to the Secretary of 
                Agriculture that is at least equal in value to the 
                value of the land described in subsection (a)(2), makes 
                a payment of cash at least equal to that value, or 
                conveys land and makes a payment of cash that in 
                combination are at least equal to that value, the 
                Secretary, subject to valid existing rights, shall, 
                under such terms and conditions as the Secretary may 
                prescribe, convey all right, title, and interest of the 
                United States in and to the land described in 
                subsection (a)(2).
                    (2) Federal land to be exchanged.--The Federal land 
                to be exchanged is approximately 57 acres of federally 
                owned land in the Green Mountain National Forest 
                depicted on the map entitled ``Green Mountain National 
                Forest, Sugarbush Exchange,'' dated December 1995.
                    (3) Lands acquired from Sugarbush Resort Holdings, 
                Inc.--Any land conveyed to the United States in an 
                exchange under subsection (a)(1) shall be subject to 
                such valid existing rights of record as may be 
                acceptable to the Secretary, and the title to the 
                parcel shall conform with the title approval standards 
                applicable to federal land acquisitions.
            (b) Administration of land.--
                    (1) Addition to green mountain national forest.--On 
                approval and acceptance of title by the Secretary, the 
                land acquired by the United States through an exchange 
                or with proceeds from a sale under subsection (a) shall 
                become part of the Green Mountain National Forest, and 
                the boundaries of the National Forest shall be adjusted 
                to include the land.
                    (2) Administration.--Land acquired under this Act 
                shall be administered by the Secretary in accordance 
                with the laws (including regulations) pertaining to the 
                National Forest System.
                    (3) Authority of the secretary.--This section does 
                not limit the authority of the Secretary to adjust the 
                boundaries of the Green Mountain National Forest 
                pursuant to section 11 of the Act of March 1, 1911 (36 
                Stat. 963, chapter 186; 16 U.S.C. 521) (commonly known 
                as the ``Weeks Law'').
                    (4) For the purposes of section 7 of the Land and 
                Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), 
                the boundaries of the Green Mountain National Forest, 
                as adjusted under this Act, shall be considered to be 
                the boundaries of the Green Mountain National Forest as 
                of January 1, 1965.
          Sec. 327. Snowbird Wilderness Study Area.
          (a) In General.--Section 6(a)(4) of the North Carolina 
Wilderness Act of 1984 (Public Law 98-324) is amended--
            (1) by striking ``eight thousand four hundred and ninety 
        acres'' and inserting ``8,390 acres''; and
            (b) by striking ``July 1983'' and inserting ``July 1996''.
          (B) Management.--The Secretary of Agriculture shall manage 
the area removed from wilderness study status by the amendments made by 
subsection (a) in accordance with the provision of law applicable to 
adjacent areas outside the wilderness study area.
          Sec. 328. Renaming of Wilderness Area.
          (a) The Columbia Wilderness, created by the Oregon Wilderness 
Act of 1984, Public Law 98-328, located in the Mt. Hood National 
Forest, Oregon, shall be known and designated as the ``Mark O. Hatfield 
Wilderness''.
          (b) Any references in a law, map, regulation, document, 
paper, or other record of the United States to the Columbia Wilderness 
shall be deemed to be a reference to the ``Mark O. Hatfield 
Wilderness''.
          Sec. 329. Notwithstanding any other provision of law, for 
fiscal year 1997 the Secretaries of Agriculture and Interior are 
authorized to limit competition for watershed restoration project 
contracts as part of the ``Jobs in the Woods'' component of the 
President's Forest Plan for the Pacific Northwest to individuals and 
entities in historically timber-dependent areas in the States of 
Washington, Oregon, and northern California that have been affected by 
reduced timber harvesting on Federal lands.
          Sec. 330. Section 9 of the Rhode Island Indian Claims 
Settlement Act (25 U.S.C. 1708) is amended--
            (1) by striking ``Sec. 9. Except as''; and inserting the 
        following:
          ``(a) In General.--Except as'';
            (2) by striking the section heading and inserting the 
        following:

``SEC. 9. APPLICABILITY OF STATE LAW; TREATMENT OF SETTLEMENT LANDS 
              UNDER THE INDIAN GAMING REGULATORY ACT.'';

        and
            (3) by adding at the end the following new subsection:
          ``(b) Treatment of Settlement Lands Under the Indian Gaming 
Regulatory Act.--For purposes of the Indian Gaming Regulatory Act (25 
U.S.C. 2701 et seq.), settlement lands shall not be treated as Indian 
lands.''.

                   TITLE IV--EMERGENCY APPROPRIATIONS

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                   management of lands and resources

          For an additional amount for management of lands and 
resources, $3,500,000, to remain available until expended, to restore 
public lands damaged by fire: Provided, That Congress hereby designates 
this amount as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further, That this amount shall be 
available only to the extent that an official budget request for a 
specific dollar amount, that includes designation of the entire amount 
as an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted by 
the President to the Congress.

                        wildland fire management

          For an additional amount for wildland fire management, 
$100,000,000, to remain available until expended, for emergency 
rehabilitation and wildfire suppression activities of the Department of 
the Interior: Provided, That Congress hereby designates this amount as 
an emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended: 
Provided further, That this amount shall be available only to the 
extent that an official budget request for a specific dollar amount, 
that includes designation of the entire amount as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress.

                   oregon and california grant lands

          For an additional amount for Oregon and California grant 
lands, $2,500,000, to remain available until expended, to restore 
public lands damaged by fire: Provided, That Congress hereby designates 
this amount as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further, That this amount shall be 
available only to the extent that an official budget request for a 
specific dollar amount, that includes designation of the entire amount 
as an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted by 
the President to the Congress.

                United States Fish and Wildlife Service

                          resource management

          For an additional amount for resource management, $2,100,000, 
to remain available until expended, of which $600,000 is to restore 
public lands damaged by fire and $1,500,000 is to address anti-
terrorism requirements: Provided, That Congress hereby designates this 
amount as an emergency requirement pursuant to section 251(b)(2)(D)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended: Provided further, That this amount shall be available only to 
the extent that an official budget request for a specific dollar 
amount, that includes designation of the entire amount as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress.

                              construction

          For an additional amount for construction, $15,891,000, to 
remain available until expended, to repair damage caused by hurricanes, 
floods and other acts of nature: Provided, That Congress hereby 
designates this amount as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further, That this amount shall be 
available only to the extent that an official budget request for a 
specific dollar amount, that includes designation of the entire amount 
as an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted by 
the President to the Congress.

                         National Park Service

                 operation of the national park system

          For an additional amount for operation of the National park 
system, $2,300,000, to remain available until expended, to address 
anti-terrorism requirements: Provided, That Congress hereby designates 
this amount as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further, That this amount shall be 
available only to the extent that an official budget request for a 
specific dollar amount, that includes designation of the entire amount 
as an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted by 
the President to the Congress.

                              construction

          For an additional amount for construction, $9,300,000, to 
remain available until expended, of which $3,000,000 is to repair 
damage caused by hurricanes and $6,300,000 is to address anti-terrorism 
requirements: Provided, That Congress hereby designates this amount as 
an emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended: 
Provided further, That this amount shall be available only to the 
extent that an official budget request for a specific dollar amount, 
that includes designation of the entire amount as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress.

                    United States Geological Survey

                 surveys, investigations, and research

          For an additional amount for surveys, investigations, and 
research, $1,138,000, to remain available until expended, to address 
damage caused by hurricanes and floods: Provided, That Congress hereby 
designates this amount as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further, That this amount shall be 
available only to the extent that an official budget request for a 
specific dollar amount, that includes designation of the entire amount 
as an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted by 
the President to the Congress.

                        Bureau of Indian Affairs

                      operation of indian programs

          For an additional amount for operation of Indian programs, 
$6,600,000, to remain available until expended, to repair damage caused 
by floods and to restore Indian lands damaged by fire: Provided, That 
Congress hereby designates this amount as an emergency requirement 
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended: Provided further, 
That this amount shall be available only to the extent that an official 
budget request for a specific dollar amount, that includes designation 
of the entire amount as an emergency requirement as defined in the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended, 
is transmitted by the President to the Congress.

                              construction

          For an additional amount for construction, $6,000,000, to 
remain available until expended, to repair damage caused by floods: 
Provided, That Congress hereby designates this amount as an emergency 
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended: Provided 
further, That this amount shall be available only to the extent that an 
official budget request for a specific dollar amount, that includes 
designation of the entire amount as an emergency requirement as defined 
in the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, is transmitted by the President to the Congress.

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                         national forest system

          For an additional amount for the National Forest System, 
$3,395,000 to remain available until expended, to repair damage caused 
by hurricanes: Provided, That Congress hereby designates this amount as 
an emergency requirement pursuant to section 251(d)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended; 
Provided further, That this amount shall be available only to the 
extent that an official budget request for a specific dollar amount, 
that includes designation of the entire amount as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress.

                        wildland fire management

          For an additional amount for wildland fire management, 
$550,000,000, to remain available until expended, for presuppression 
due to emergencies, for emergency fire suppression on or adjacent to 
National Forest System lands or other lands under fire protection 
agreement and for emergency rehabilitation of burned over National 
Forest System lands: Provided, That such funds are available for 
repayment of advances from other appropriations accounts previously 
transferred for such purposes: Provided further, That Congress hereby 
designates this amount as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended: Provided further, That this amount shall be 
available only to the extent that an official budget request for a 
specific dollar amount, that includes designation of the entire amount 
as an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted by 
the President to the Congress.

                    reconstruction and construction

          For an additional amount for reconstruction and construction, 
$5,210,000, to remain available until expended, to repair damage caused 
by hurricanes: Provided, That Congress hereby designates this amount as 
an emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended: 
Provided further, That this amount shall be available only to the 
extent that an official budget request for a specific dollar amount, 
that includes designation of the entire amount as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress.

                         OTHER RELATED AGENCIES

                        Smithsonian Institution

                         salaries and expenses

          For an additional amount for salaries and expenses, $935,000, 
to remain available until expended, to address anti-terrorism 
requirements: Provided, That Congress hereby designates this amount as 
an emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended: 
Provided further, That this amount shall be available only to the 
extent that an official budget request for a specific dollar amount, 
that includes designation of the entire amount as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress.

             John F. Kennedy Center for the Performing Arts

                       operations and maintenance

          For an additional amount for operations and maintenance, 
$1,600,000, to remain available until expended, to address anti-
terrorism requirements: Provided, That Congress hereby designates this 
amount as an emergency requirement pursuant to section 251(b)(2)(D)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended: Provided further, That this amount shall be available only to 
the extent that an official budget request for a specific dollar 
amount, that includes designation of the entire amount as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress.

                              construction

          For an additional amount for construction, $3,400,000, to 
remain available until expended, to address anti-terrorism 
requirements: Provided, That Congress hereby designates this amount as 
an emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended: 
Provided further, That this amount shall be available only to the 
extent that an official budget request for a specific dollar amount, 
that includes designation of the entire amount as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress.

                        National Gallery of Art

                         salaries and expenses

          For an additional amount for salaries and expenses, $382,000, 
to remain available until expended, to address anti-terrorism 
requirements: Provided, That Congress hereby designates this amount as 
an emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended: 
Provided further, That this amount shall be available only to the 
extent that an official budget request for a specific dollar amount, 
that includes designation of the entire amount as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress.

                United States Holocaust Memorial Council

                       holocaust memorial council

          For an additional amount for the Holocaust Memorial Council, 
$1,000,000, to remain available until expended, to address anti-
terrorism requirements: Provided, That Congress hereby designates this 
amount as an emergency requirement pursuant to section 251(b)(2)(D)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended: Provided further, That this amount shall be available only to 
the extent that an official budget request for a specific dollar 
amount, that includes designation of the entire amount as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress.
          This Act may be cited as the ``Department of the Interior and 
Related Agencies Appropriations Act, 1997''.
          (e) For programs, projects or activities in the Departments 
of Labor, Health and Human Services, and Education, and Related 
Agencies Appropriations Act, 1997, provided as follows, to be effective 
as if it had been enacted into law as the regular appropriations Act:

                                 AN ACT

          Making appropriations for the Departments of Labor, Health 
and Human Services, and Education, and related agencies for the fiscal 
year ending September 30, 1997, and for other purposes.

                      TITLE I--DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

          For expenses necessary to carry into effect the Job Training 
Partnership Act, as amended, including the purchase and hire of 
passenger motor vehicles, the construction, alteration, and repair of 
buildings and other facilities, and the purchase of real property for 
training centers as authorized by the Job Training Partnership Act; the 
Women in Apprenticeship and Nontraditional Occupations Act; the 
National Skill Standards Act of 1994; and the School-to-Work 
Opportunities Act; $4,719,703,000 plus reimbursements, of which 
$3,559,408,000 is available for obligation for the period July 1, 1997 
through June 30, 1998; of which $88,685,000 is available for the period 
July 1, 1997 through June 30, 2000 for necessary expenses of 
construction, rehabilitation, and acquisition of Job Corps centers; and 
of which $200,000,000 shall be available from July 1, 1997 through 
September 30, 1998, for carrying out activities of the School-to-Work 
Opportunities Act: Provided, That $52,502,000 shall be for carrying out 
section 401 of the Job Training Partnership Act, $69,285,000 shall be 
for carrying out section 402 of such Act, $7,300,000 shall be for 
carrying out section 441 of such Act, $8,000,000 shall be for all 
activities conducted by and through the National Occupational 
Information Coordinating Committee under such Act, $895,000,000 shall 
be for carrying out title II, part A of such Act, and $126,672,000 
shall be for carrying out title II, part C of such Act: Provided 
further, That no funds from any other appropriation shall be used to 
provide meal services at or for Job Corps centers: Provided further, 
That funds provided to carry out title III of the Job Training 
Partnership Act shall not be subject to the limitation contained in 
subsection (b) of section 315 of such Act; that the waiver allowing a 
reduction in the cost limitation relating to retraining services 
described in subsection (a)(2) of such section 315 may be granted with 
respect to funds from this Act if a substate grantee demonstrates to 
the Governor that such waiver is appropriate due to the availability of 
low-cost retraining services, is necessary to facilitate the provision 
of needs-related payments to accompany long-term training, or is 
necessary to facilitate the provision of appropriate basic readjustment 
services; and that funds provided to carry out the Secretary's 
discretionary grants under part B of such title III may be used to 
provide needs-related payments to participants who, in lieu of meeting 
the requirements relating to enrollment in training under section 
314(e) of such Act, are enrolled in training by the end of the sixth 
week after grant funds have been awarded: Provided further, That 
service delivery areas may transfer funding provided herein under 
authority of titles II-B and II-C of the Job Training Partnership Act 
between the programs authorized by those titles of that Act, if such 
transfer is approved by the Governor: Provided further, That service 
delivery areas and substate areas may transfer up to 20 percent of the 
funding provided herein under authority of title II-A and title III of 
the Job Training Partnership Act between the programs authorized by 
those titles of the Act, if such transfer is approved by the Governor: 
Provided further, That, notwithstanding any other provision of law, any 
proceeds from the sale of Job Corps center facilities shall be retained 
by the Secretary of Labor to carry out the Job Corps program: Provided 
further, That notwithstanding any other provision of law, the Secretary 
of Labor may waive any of the statutory or regulatory requirements of 
titles I-III of the Job Training Partnership Act (except for 
requirements relating to wage and labor standards, worker rights, 
participation and protection, grievance procedures and judicial review, 
nondiscrimination, allocation of funds to local areas, eligibility, 
review and approval of plans, the establishment and functions of 
service delivery areas and private industry councils, and the basic 
purposes of the Act), and any of the statutory or regulatory 
requirements of sections 8-10 of the Wagner-Peyser Act (except for 
requirements relating to the provision of services to unemployment 
insurance claimants and veterans, and to universal access to basic 
labor exchange services without cost to job seekers), only for funds 
available for expenditure in program year 1997, pursuant to a request 
submitted by a State which identifies the statutory or regulatory 
requirements that are requested to be waived and the goals which the 
State or local service delivery areas intend to achieve, describes the 
actions that the State or local service delivery areas have undertaken 
to remove State or local statutory or regulatory barriers, describes 
the goals of the waiver and the expected programmatic outcomes if the 
request is granted, describes the individuals impacted by the waiver, 
and describes the process used to monitor the progress in implementing 
a waiver, and for which notice and an opportunity to comment on such 
request has been provided to the organizations identified in section 
105(a)(1) of the Job Training Partnership Act, if and only to the 
extent that the Secretary determines that such requirements impede the 
ability of the State to implement a plan to improve the workforce 
development system and the State has executed a Memorandum of 
Understanding with the Secretary requiring such State to meet agreed 
upon outcomes and implement other appropriate measures to ensure 
accountability: Provided further, That the Secretary of Labor shall 
establish a workforce flexibility (work-flex) partnership demonstration 
program under which the Secretary shall authorize not more than six 
States, of which at least three States shall each have populations not 
in excess of 3,500,000, with a preference given to those States that 
have been designated Ed-Flex Partnership States under section 311(e) of 
Public Law 103-227, to waive any statutory or regulatory requirement 
applicable to service delivery areas or substate areas within the State 
under titles I-III of the Job Training Partnership Act (except for 
requirements relating to wage and labor standards, grievance procedures 
and judicial review, nondiscrimination, allotment of funds, and 
eligibility), and any of the statutory or regulatory requirements of 
sections 8-10 of the Wagner-Peyser Act (except for requirements 
relating to the provision of services to unemployment insurance 
claimants and veterans, and to universal access to basic labor exchange 
services without cost to job seekers), for a duration not to exceed the 
waiver period authorized under section 311(e) of Public Law 103-227, 
pursuant to a plan submitted by such States and approved by the 
Secretary for the provision of workforce employment and training 
activities in the States, which includes a description of the process 
by which service delivery areas and substate areas may apply for and 
have waivers approved by the State, the requirements of the Wagner-
Peyser Act to be waived, the outcomes to be achieved and other measures 
to be taken to ensure appropriate accountability for federal funds.

            Community Service Employment for Older Americans

                          (transfer of funds)

          To carry out the activities for national grants or contracts 
with public agencies and public or private nonprofit organizations 
under paragraph (1)(A) of section 506(a) of title V of the Older 
Americans Act of 1965, as amended, or to carry out older worker 
activities as subsequently authorized, $361,140,000, including 
$21,840,000 which shall be available for the period ending June 30, 
1997.
          To carry out the activities for grants to States under 
paragraph (3) of section 506(a) of title V of the Older Americans Act 
of 1965, as amended, or to carry out older worker activities as 
subsequently authorized, $101,860,000, including $6,160,000 which shall 
be available for the period ending June 30, 1997.
          The funds appropriated under this heading shall be 
transferred to the Department of Health and Human Services, ``Aging 
Services Programs'' following the enactment of legislation authorizing 
the administration of the program by that Department.

              federal unemployment benefits and allowances

          For payments during the current fiscal year of trade 
adjustment benefit payments and allowances under part I, and for 
training, for allowances for job search and relocation, and for related 
State administrative expenses under part II, subchapters B and D, 
chapter 2, title II of the Trade Act of 1974, as amended, $324,500,000, 
together with such amounts as may be necessary to be charged to the 
subsequent appropriation for payments for any period subsequent to 
September 15 of the current year.

     state unemployment insurance and employment service operations

          For authorized administrative expenses, $173,452,000, 
together with not to exceed $3,146,826,000 (including not to exceed 
$1,653,000 which may be used for amortization payments to States which 
had independent retirement plans in their State employment service 
agencies prior to 1980, and including not to exceed $2,000,000 which 
may be obligated in contracts with non-State entities for activities 
such as occupational and test research activities which benefit the 
Federal-State Employment Service System), which may be expended from 
the Employment Security Administration account in the Unemployment 
Trust Fund including the cost of administering section 1201 of the 
Small Business Job Protection Act of 1996, section 7(d) of the Wagner-
Peyser Act, as amended, the Trade Act of 1974, as amended, the 
Immigration Act of 1990, and the Immigration and Nationality Act, as 
amended, and of which the sums available in the allocation for 
activities authorized by title III of the Social Security Act, as 
amended (42 U.S.C. 502-504), and the sums available in the allocation 
for necessary administrative expenses for carrying out 5 U.S.C. 8501-
8523, shall be available for obligation by the States through December 
31, 1997, except that funds used for automation acquisitions shall be 
available for obligation by States through September 30, 1999; and of 
which $23,452,000, together with not to exceed $738,283,000 of the 
amount which may be expended from said trust fund, shall be available 
for obligation for the period July 1, 1997 through June 30, 1998, to 
fund activities under the Act of June 6, 1933, as amended, including 
the cost of penalty mail authorized under 39 U.S.C. 3202(a)(1)(E) made 
available to States in lieu of allotments for such purpose, and of 
which $216,333,000 shall be available only to the extent necessary for 
additional State allocations to administer unemployment compensation 
laws to finance increases in the number of unemployment insurance 
claims filed and claims paid or changes in a State law: Provided, That 
to the extent that the Average Weekly Insured Unemployment (AWIU) for 
fiscal year 1997 is projected by the Department of Labor to exceed 
2,828,000 an additional $28,600,000 shall be available for obligation 
for every 100,000 increase in the AWIU level (including a pro rata 
amount for any increment less than 100,000) from the Employment 
Security Administration Account of the Unemployment Trust Fund: 
Provided further, That funds appropriated in this Act which are used to 
establish a national one-stop career center network may be obligated in 
contracts, grants or agreements with non-State entities: Provided 
further, That funds appropriated under this Act for activities 
authorized under the Wagner-Peyser Act, as amended, and title III of 
the Social Security Act, may be used by the States to fund integrated 
Employment Service and Unemployment Insurance automation efforts, 
notwithstanding cost allocation principles prescribed under Office of 
Management and Budget Circular A-87.

        advances to the unemployment trust fund and other funds

          For repayable advances to the Unemployment Trust Fund as 
authorized by sections 905(d) and 1203 of the Social Security Act, as 
amended, and to the Black Lung Disability Trust Fund as authorized by 
section 9501(c)(1) of the Internal Revenue Code of 1954, as amended; 
and for nonrepayable advances to the Unemployment Trust Fund as 
authorized by section 8509 of title 5, United States Code, section 
104(d) of Public Law 102-164, and section 5 of Public Law 103-6, and to 
the ``Federal unemployment benefits and allowances'' account, to remain 
available until September 30, 1998, $373,000,000.
          In addition, for making repayable advances to the Black Lung 
Disability Trust Fund in the current fiscal year after September 15, 
1997, for costs incurred by the Black Lung Disability Trust Fund in the 
current fiscal year, such sums as may be necessary.

                         program administration

          For expenses of administering employment and training 
programs and for carrying out section 908 of the Social Security Act, 
$81,393,000, together with not to exceed $39,977,000, which may be 
expended from the Employment Security Administration account in the 
Unemployment Trust Fund.

              Pension and Welfare Benefits Administration

                         salaries and expenses

          For necessary expenses for Pension and Welfare Benefits 
Administration, $77,083,000, of which $6,000,000 shall remain available 
through September 30, 1998 for expenses of revising the processing of 
employee benefit plan returns.

                  Pension Benefit Guaranty Corporation

               pension benefit guaranty corporation fund

        The Pension Benefit Guaranty Corporation is authorized to make 
such expenditures, including financial assistance authorized by section 
104 of Public Law 96-364, within limits of funds and borrowing 
authority available to such Corporation, and in accord with law, and to 
make such contracts and commitments without regard to fiscal year 
limitations as provided by section 104 of the Government Corporation 
Control Act, as amended (31 U.S.C. 9104), as may be necessary in 
carrying out the program through September 30, 1997, for such 
Corporation: Provided, That not to exceed $10,345,000 shall be 
available for administrative expenses of the Corporation: Provided 
further, That expenses of such Corporation in connection with the 
termination of pension plans, for the acquisition, protection or 
management, and investment of trust assets, and for benefits 
administration services shall be considered as non-administrative 
expenses for the purposes hereof, and excluded from the above 
limitation.

                  Employment Standards Administration

                         salaries and expenses

        For necessary expenses for the Employment Standards 
Administration, including reimbursement to State, Federal, and local 
agencies and their employees for inspection services rendered, 
$290,422,000, together with $983,000 which may be expended from the 
Special Fund in accordance with section 39(c) and 44 (j) of the 
Longshore and Harbor Workers' Compensation Act: Provided, That the 
Secretary of Labor is authorized to accept, retain, and spend, until 
expended, in the name of the Department of Labor, all sums of money 
ordered to be paid to the Secretary of Labor, in accordance with the 
terms of the Consent Judgment in Civil Action No. 91-0027 of the United 
States District Court for the District of the Northern Mariana Islands 
(May 21, 1992): Provided further, That the Secretary of Labor is 
authorized to establish and, in accordance with 31 U.S.C. 3302, collect 
and deposit in the Treasury fees for processing applications and 
issuing certificates under sections 11(d) and 14 of the Fair Labor 
Standards Act of 1938, as amended (29 U.S.C. 2119d) and 214) and for 
processing applications and issuing registrations under Title I of the 
Migrant and Seasonal Agricultural Worker Protection Act, 29 U.S.C. 1801 
et seq.

                            special benefits

                     (including transfer of funds)

        For the payment of compensation, benefits, and expenses (except 
administrative expenses) accruing during the current or any prior 
fiscal year authorized by title 5, chapter 81 of the United States 
Code; continuation of benefits as provided for under the head 
``Civilian War Benefits'' in the Federal Security Agency Appropriation 
Act, 1947; the Employees' Compensation Commission Appropriation Act, 
1944; and sections 4(c) and 5(f) of the War Claims Act of 1948 (50 
U.S.C. App. 2012); and 50 per centum of the addition compensation and 
benefits required by section 10(h) of the Longshore and Harbor Workers' 
Compensation Act, as amended, $213,000,000 together with such amounts 
as may be necessary to be charged to the subsequent year appropriation 
for the payment of compensation and other benefits for any period 
subsequent to August 15 of the current year: Provided, That such sums 
as are necessary may be used under section 8104 of title 5, United 
States Code, by the Secretary to reimburse an employer, who is not the 
employer at the time of injury, for portions of the salary of a 
reemployed, disabled beneficiary: Provided further, That balances of 
reimbursements unobligated on September 30, 1996, shall remain 
available until expended for the payment of compensation, benefits, and 
expenses: Provided further, That in addition there shall be transferred 
to this appropriation from the Postal Service and from any other 
corporation or instrumentality required under section 8147(c) of title 
5, United States Code, to pay an amount for its fair share of the cost 
of administration, such sums as the Secretary of Labor determines to be 
the cost of administration for employees of such fair share entities 
through September 30, 1997: Provided further, That of those funds 
transferred to this account from the fair share entities to pay the 
cost of administration, $11,390,000 shall be made available to the 
Secretary of Labor for expenditures relating to capital improvements in 
support of Federal Employees' Compensation Act administration, and the 
balance of such funds shall be paid into the Treasury as miscellaneous 
receipts: Provided further, That the Secretary may require that any 
person filing a notice of injury or a claim for benefits under 
subchapter 5, U.S.C., chapter 81, or under subchapter 33, U.S.C. 901, 
et seq. (the Longshore and Harbor Workers' Compensation Act, as 
amended), provide as part of such notice and claim, such identifying 
information (including Social Security account number) as such 
regulations may prescribe.

                    black lung disability trust fund

                     (including transfer of funds)

          For payments from the Black Lung Disability Trust Fund, 
$1,007,644,000, of which $961,665,000 shall be available until 
September 30, 1998, for payment of all benefits as authorized by 
section 9501(d) (1), (2), (4), and (7) of the Internal Revenue Code of 
1954, as amended, and interest on advances as authorized by section 
9501(c)(2) of that Act, and of which $26,071,000 shall be available for 
transfer to Employment Standards Administration, Salaries and Expenses, 
$19,621,000 for transfer to Departmental Management, Salaries and 
Expenses, and $287,000 for transfer to Departmental Management, Office 
of Inspector General, for expenses of operation and administration of 
the Black Lung Benefits program as authorized by section 9501(d)(5)(A) 
of that Act: Provided, That, in addition, such amounts as may be 
necessary may be charged to the subsequent year appropriation for the 
payment of compensation, interest, or other benefits for any period 
subsequent to August 15 of the current year: Provided further, That in 
addition such amounts shall be paid from this fund into miscellaneous 
receipts as the Secretary of the Treasury determines to be the 
administrative expenses of the Department of the Treasury for 
administering the fund during the current fiscal year, as authorized by 
section 9501(d)(5)(B) of that Act.

             Occupational Safety and Health Administration

                         salaries and expenses

          For necessary expenses for the Occupational Safety and Health 
Administration, $325,734,000, including not to exceed $77,354,000 which 
shall be the maximum amount available for grants to States under 
section 23(g) of the Occupational Safety and Health Act, which grants 
shall be no less than fifty percent of the costs of State occupational 
safety and health programs required to be incurred under plans approved 
by the Secretary under section 18 of the Occupational Safety and Health 
Act of 1970; and, in addition, notwithstanding 31 U.S.C. 3302, the 
Occupational Safety and Health Administration may retain up to $750,000 
per fiscal year of training institute course tuition fees, otherwise 
authorized by law to be collected, and may utilize such sums for 
occupational safety and health training and education grants: Provided, 
That, notwithstanding 31 U.S.C. 3302, the Secretary of Labor is 
authorized, during the fiscal year ending September 30, 1997, to 
collect and retain fees for services provided to Nationally Recognized 
Testing Laboratories, and may utilize such sums, in accordance with the 
provisions of 29 U.S.C. 9a, to administer national and international 
laboratory recognition programs that ensure the safety of equipment and 
products used by workers in the workplace: Provided further, That none 
of the funds appropriated under this paragraph shall be obligated or 
expended to prescribe, issue, administer, or enforce any standard, 
rule, regulation, or order under the Occupational Safety and Health Act 
of 1970 which is applicable to any person who is engaged in a farming 
operation which does not maintain a temporary labor camp and employs 
ten or fewer employees: Provided further, That no funds appropriated 
under this paragraph shall be obligated or expended to administer or 
enforce any standard, rule, regulation, or order under the Occupational 
Safety and Health Act of 1970 with respect to any employer of ten or 
fewer employees who is included within a category having an 
occupational injury lost workday case rate, at the most precise 
Standard Industrial Classification Code for which such data are 
published, less than the national average rate as such rates are most 
recently published by the Secretary, acting through the Bureau of Labor 
Statistics, in accordance with section 24 of that Act (29 U.S.C. 673), 
except--
            (1) to provide, as authorized by such Act, consultation, 
        technical assistance, educational and training services, and to 
        conduct surveys and studies;
            (2) to conduct an inspection or investigation in response 
        to an employee complaint, to issue a citation for violations 
        found during such inspection, and to assess a penalty for 
        violations which are not corrected within a reasonable 
        abatement period and for any willful violations found;
            (3) to take any action authorized by such Act with respect 
        to imminent dangers;
            (4) to take any action authorized by such Act with respect 
        to health hazards;
            (5) to take any action authorized by such Act with respect 
        to a report of an employment accident which is fatal to one or 
        more employees or which results in hospitalization of two or 
        more employees, and to take any action pursuant to such 
        investigation authorized by such Act; and
            (6) to take any action authorized by such Act with respect 
        to complaints of discrimination against employees for 
        exercising rights under such Act: Provided further, That the 
        foregoing proviso shall not apply to any person who is engaged 
        in a farming operation which does not maintain a temporary 
        labor camp and employs ten or fewer employees.

                 Mine Safety and Health Administration

                         salaries and expenses

          For necessary expenses for the Mine Safety and Health 
Administration, $197,810,000, including purchase and bestowal of 
certificates and trophies in connection with mine rescue and first-aid 
work, and the hire of passenger motor vehicles; the Secretary is 
authorized to accept lands, buildings, equipment, and other 
contributions from public and private sources and to prosecute projects 
in cooperation with other agencies, Federal, State, or private; the 
Mine Safety and Health Administration is authorized to promote health 
and safety education and training in the mining community through 
cooperative programs with States, industry, and safety associations; 
and any funds available to the Department may be used, with the 
approval of the Secretary, to provide for the costs of mine rescue and 
survival operations in the event of a major disaster: Provided, That 
none of the funds appropriated under this paragraph shall be obligated 
or expended to carry out section 115 of the Federal Mine Safety and 
Health Act of 1977 or to carry out that portion of section 104(g)(1) of 
such Act relating to the enforcement of any training requirements, with 
respect to shall dredging, or with respect to any sand, gravel, surface 
stone, surface clay, colloidal phosphate, or surface limestone mine.

                       Bureau of Labor Statistics

                         salaries and expenses

          For necessary expenses for the Bureau of Labor Statistics, 
including advances or reimbursements to State, Federal, and local 
agencies and their employees for services rendered, $309,647,000, of 
which $16,145,000 shall be for expenses of revising the Consumer Price 
Index and shall remain available until September 30, 1998, together 
with not to exceed $52,053,000, which may be expended from the 
Employment Security Administration account in the Unemployment Trust 
Fund.

                        Departmental Management

                         salaries and expenses

          For necessary expenses for Departmental Management, including 
the hire of three sedans, and including up to $4,358,000 for the 
President's Committee on Employment of People With Disabilities, 
$144,211,000; together with not to exceed $297,000, which may be 
expended from the Employment Security Administration account in the 
Unemployment Trust Fund: Provided, That no funds made available by this 
Act may be used by the Solicitor of Labor to participate in a review in 
any United States court of appeals of any decision made by the Benefits 
Review Board under section 21 of the Longshore and Harbor Workers' 
Compensation Act (33 U.S.C. 921) where such participation is precluded 
by the decision of the United States Supreme Court in Director, Office 
of Workers' Compensation Programs v. Newport News Shipbuilding, 115 S. 
Ct. 1278 (1995): Provided further, That no funds made available by this 
Act may be used by the Secretary of Labor to review a decision under 
the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901 et 
seq.) that has been appealed and that has been pending before the 
Benefits Review Board for more than 12 months: Provided further, That 
any such decision pending a review by the Benefits Review Board for 
more than one year shall be considered affirmed by the Benefits Review 
Board on that date, and shall be considered the final order of the 
Board for purposes of obtaining a review in the United States courts of 
appeals: Provided further, That these provisions shall not be 
applicable to the review of any decision issued under the Black Lung 
Benefits Act (30 U.S.C. 901 et seq.).

        assistant secretary for veterans employment and training

          Not to exceed $181,949,000 may be derived from the Employment 
Security Administration account in the Unemployment Trust Fund to carry 
out the provisions of 38 U.S.C. 4100-4110A and 4321-4327, and Public 
Law 103-353, and which shall be available for obligation by the States 
through December 31, 1997.

                      office of inspector general

          For salaries and expenses of the Office of Inspector General 
in carrying out the provisions of the Inspector General Act of 1978, as 
amended, $42,938,000, together with not to exceed $3,543,000, which may 
be expended from the Employment Security Administration account in the 
Unemployment Trust Fund.

                           general provisions

          Sec. 101. None of the funds appropriated in this title for 
the Job Corps shall be used to pay the compensation of an individual, 
either as direct costs or any proration as an indirect cost, at a rate 
in excess of $125,000.

                          (transfer of funds)

          Sec. 102. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act, as 
amended) which are appropriated for the current fiscal year for the 
Department of Labor in this Act may be transferred between 
appropriations, but no such appropriation shall be increased by more 
than 3 percent by any such transfer: Provided, That the Appropriations 
Committees of both Houses of Congress are notified at least fifteen 
days in advance of any transfer.
          Sec. 103. Funds shall be available for carrying out title IV-
B of the Job Training Partnership Act, notwithstanding section 427(c) 
of that Act, if a Job Corps center fails to meet national performance 
standards established by the Secretary.
          Sec. 104. Effective January 1, 1997, no funds appropriated or 
otherwise made available to the Department of Labor in this title shall 
be disbursed without the approval of the Department's Chief Financial 
Officer or his delegatee.
          Sec. 105. Notwithstanding any other provision of law, the 
Secretary of Labor may waive any of the requirements contained in 
sections 4, 104, 105, 107, 108, 121, 164, 204, 253, 254, 264, 301, 311, 
313, 314, and 315 of the Job Training Partnership Act in order to 
assist States in improving State workforce development systems, 
pursuant to a request submitted by a State that has prior to the date 
of enactment of this Act executed a Memorandum of Understanding with 
the United States requiring such State to meet agreed upon outcomes.
          This title may be cited as the ``Department of Labor 
Appropriations Act, 1997''.

           TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                     health resources and services

          For carrying out titles II, III, VII, VIII, X, XII, XVI, XIX, 
and XXVI of the Public Health Service Act, section 427(a) of the 
Federal Coal Mine Health and Safety Act, title V of the Social Security 
Act, the Health Care Quality Improvement Act of 1986, as amended, and 
the Native Hawaiian Health Care Act of 1988, as amended, 
$3,405,019,000, of which $297,000 shall remain available until expended 
for interest subsidies on loan guarantees made prior to fiscal year 
1981 under part B of title VII of the Public Health Service Act: 
Provided, That the Division of Federal Occupational Health may utilize 
personal services contracting to employ professional management/
administrative and occupational health professionals: Provided further, 
That of the funds made available under this heading, $828,000 shall be 
available until expended for facilities renovations at the Gillis W. 
Long Hansen's Disease Center: Provided further, That in addition to 
fees authorized by section 427(b) of the Health Care Quality 
Improvement Act of 1986, fees shall be collected for the full 
disclosure of information under the Act sufficient to recover the full 
costs of operating the National Practitioner Data Bank, and shall 
remain available until expended to carry out that Act: Provided 
further, That no more than $5,000,000 is available for carrying out the 
provisions of Public Law 104-73: Provided further, That of the funds 
made available under this heading, $198,452,000 shall be for the 
program under title X of the Public Health Service Act to provide for 
voluntary family planning projects: Provided further, That amounts 
provided to said projects under such title shall not be expended for 
abortions, that all pregnancy counseling shall be nondirective, and 
that such amounts shall not be expended for any activity (including the 
publication or distribution of literature) that in any way tends to 
promote public support or opposition to any legislative proposal or 
candidate for public office: Provided further, That $167,000,000 shall 
be for State AIDS Drug Assistance Programs authorized by section 2616 
of the Public Health Service Act and shall be distributed to States as 
authorized by section 2618(b)(2) of such Act: Provided further, That 
notwithstanding any other provision of law, funds made available under 
this heading may be used to continue operating the Council on Graduate 
Medical Education established by section 301 of Public law 102-408: 
Provided further, That, of the funds made available under this heading, 
not more than $8,000,000 shall be made available and shall remain 
available until expended for loan guarantees for loans made by non-
Federal lenders for the construction, renovation, and modernization of 
medical facilities that are owned and operated by health centers funded 
under part A of title XVI of the Public Health Service Act as amended, 
and, subject to authorization, for loans made to health centers for the 
costs of developing and operating managed care networks or plans, and 
that such funds be available to subsidize guarantees of total loan 
principal in an amount not to exceed $80,000,000: Provided further, 
That notwithstanding section 502(a)(1) of the Social Security Act, not 
to exceed $103,609,000 is available for carrying out special projects 
of regional and national significance pursuant to section 501(a)(2) of 
such Act.

               medical facilities guarantee and loan fund

           federal interest subsidies for medical facilities

          For carrying out subsections (d) and (e) of section 1602 of 
the Public Health Service Act, $7,000,000, together with any amounts 
received by the Secretary in connection with loans and loan guarantees 
under title VI of the Public Health Service Act, to be available 
without fiscal year limitation for the payment of interest subsidies. 
During the fiscal year, no commitments for direct loans or loan 
guarantees shall be made.

               health education assistance loans program

          For the cost of guaranteed loans, such sums as may be 
necessary to carry out the purpose of the program, as authorized by 
title VII of the Public Health Service Act, as amended: Provided, That 
such costs, including the cost of modifying such loans, shall be as 
defined in section 502 of the Congressional Budget Act of 1974: 
Provided further, That these funds are available to subsidize gross 
obligations for the total loan principal any part of which is to be 
guaranteed at not to exceed $140,000,000. In addition, for 
administrative expenses to carry out the guaranteed loan program, 
$2,688,000.

             vaccine injury compensation program trust fund

          For payments from the Vaccine Injury Compensation Program 
Trust Fund, such sums as may be necessary for claims associated with 
vaccine-related injury or death with respect to vaccines administered 
after September 30, 1988, pursuant to subtitle 2 of title XXI of the 
Public Health Service Act, to remain available until expended: 
Provided, That for necessary administrative expenses, not to exceed 
$3,000,000 shall be available from the Trust Fund to the Secretary of 
Health and Human Services.

                      vaccine injury compensation

          For payment of claims resolved by the United States Court of 
Federal Claims related to the administration of vaccines before October 
1, 1988, $110,000,000 to remain available until expended.

               Centers for Disease Control and Prevention

                disease control, research, and training

          To carry out titles II, III, VII, XI, XV, XVII, and XIX of 
the Public Health Service Act, sections 101, 102, 103, 201, 202, 203, 
301, and 501 of the Federal Mine Safety and Health Act of 1977, and 
sections 20, 21 and 22 of the Occupational Safety and Health Act of 
1970, title IV of the Immigration and Nationality Act and section 501 
of the Refugee Education Assistance Act of 1980; including insurance of 
official motor vehicles in foreign countries; and hire, maintenance, 
and operation of aircraft, $2,262,698,000, of which $30,553,000 shall 
remain available until expended for equipment and construction and 
renovation of facilities, and of which $32,000,000 shall remain 
available until September 30, 1998 for mine safety and health 
activities, and in addition, such sums as may be derived from 
authorized user fees, which shall be credited to this account: 
Provided, That in addition to amounts provided herein, up to 
$48,400,000 shall be available from amounts available under section 241 
of the Public Health Service Act, to carry out the National Center for 
Health Statistics surveys: Provided further, That none of the funds 
made available for injury prevention and control at the Centers for 
Disease Control and Prevention may be used to advocate or promote gun 
control: Provided further, That the Director may redirect the total 
amount made available under authority of Public Law 101-502, section 3, 
dated November 3, 1990, to activities the Director may so designate: 
Provided further, That the Congress is to be notified promptly of any 
such transfer: Provided further, That the functions described in clause 
(1) of the first proviso under the subheading ``mines and minerals'' 
under the heading ``Bureau of Mines'' in the text of title I of the 
Department of the Interior and Related Agencies Appropriations Act, 
1996, as enacted by section 101 (c) of the Omnibus Consolidated 
Rescissions and Appropriations Act of 1996 (Public Law 104-134), are 
hereby transferred to, and vested in, the Secretary of Health and Human 
Services, subject to section 1531 of title 31, United States Code: 
Provided further, That of the amount provided, $23,000,000 is 
designated by Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended.
          In addition, $41,000,000, to be derived from the Violent 
Crime Reduction Trust Fund, for carrying out sections 40151 and 40261 
of Public Law 103-322.

                     National Institutes of Health

                       national cancer institute

          For carrying out section 301 and title IV of the Public 
Health Service Act with respect to cancer, $2,382,532,000.

               national heart, lung, and blood institute

          For carrying out section 301 and title IV of the Public 
Health Service Act with respect to cardiovascular, lung, and blood 
diseases, and blood and blood products, $1,433,001,000.

                 national institute of dental research

          For carrying out section 301 and title IV of the Public 
Health Service Act with respect to dental disease, $195,997,000.

    national institute of diabetes and digestive and kidney diseases

          For carrying out section 301 and title IV of the Public 
Health Service Act with respect to diabetes and digestive and kidney 
disease, $815,982,000.

        national institute of neurological disorders and stroke

          For carrying out section 301 and title IV of the Public 
Health Service Act with respect to neurological disorders and stroke, 
$726,746,000.

         national institute of allergy and infectious diseases

          For carrying out section 301 and title IV of the Public 
Health Service Act with respect to allergy and infectious diseases, 
$1,257,234,000.

             national institute of general medical sciences

          For carrying out section 301 and title IV of the Public 
Health Service Act with respect to general medical sciences, 
$998,470,000.

        national institute of child health and human development

          For carrying out section 301 and title IV of the Public 
Health Service Act with respect to child health and human development, 
$631,703,000.

                         national eye institute

          For carrying out section 301 and title IV of the Public 
Health Service Act with respect to eye diseases and visual disorders, 
$332,735,000.

          national institute of environmental health sciences

          For carrying out sections 301 and 311 and title IV of the 
Public Health Service Act with respect to environmental health 
sciences, $308,819,000.

                      national institute on aging

          For carrying out section 301 and title IV of the Public 
Health Service Act with respect to aging, $486,047,000.

 national institute of arthritis and musculoskeletal and skin diseases

          For carrying out section 301 and title IV of the Public 
Health Service Act with respect to arthritis and musculoskeletal and 
skin diseases, $257,111,000.

    national institute on deafness and other communication disorders

          For carrying out section 301 and title IV of the Public 
Health Service Act with respect to deafness and other communication 
disorders, $188,422,000.

                 national institute of nursing research

          For carrying out section 301 and title IV of the Public 
Health Service Act with respect to nursing research, $59,743,000.

           national institute on alcohol abuse and alcoholism

          For carrying out section 301 and title IV of the Public 
Health Service Act with respect to alcohol abuse and alcoholism, 
$212,004,000.

                    national institute on drug abuse

          For carrying out section 301 and title IV of the Public 
Health Service Act with respect to drug abuse, $489,375,000.

                  national institute of mental health

          For carrying out section 301 and title IV of the Public 
Health Service Act with respect to mental health, $701,585,000.

                 national center for research resources

          For carrying out section 301 and title IV of the Public 
Health Service Act with respect to research resources and general 
research support grants, $415,145,000: Provided, That none of these 
funds shall be used to pay recipients of the general research support 
grants program any amount for indirect expenses in connection with such 
grants: Provided further, That $20,000,000 shall be for extramural 
facilities construction grants.

               national center for human genome research

          For carrying out section 301 and title IV of the Public 
Health Service Act with respect to human genome research, $189,657,000.

                  john e. fogarty international center

          For carrying out the activities at the John E. Fogarty 
International Center, $26,586,000.

                      national library of medicine

          For carrying out section 301 and title IV of the Public 
Health Service Act with respect to health information communications, 
$151,103,000, of which $4,000,000 shall be available until expended for 
improvement of information systems: Provided, That in fiscal year 1997, 
the Library may enter into personal services contracts for the 
provision of services in facilities owned, operated, or constructed 
under the jurisdiction of the National Institutes of Health.

                         office of the director

                     (including transfer of funds)

          For carrying out the responsibilities of the Office of the 
Director, National Institutes of Health, $287,206,000, of which 
$35,589,000 shall be for the Office of AIDS Research: Provided, That 
funding shall be available for the purchase of not to exceed five 
passenger motor vehicles for replacement only: Provided further, That 
the Director may direct up to 1 percent of the total amount made 
available in this Act to all National Institutes of Health 
appropriations to activities the Director may so designate: Provided 
further, That no such appropriation shall be increased or decreased by 
more than 1 percent by any such transfers and that the Congress is 
promptly notified of the transfer: Provided further, That NIH is 
authorized to collect third party payments for the cost of clinical 
services that are incurred in National Institutes of Health research 
facilities and that such payments shall be credited to the National 
Institutes of Health Management Fund: Provided further, That all funds 
credited to the NIH Management Fund shall remain available for one 
fiscal year after the fiscal year in which they are deposited: Provided 
further, That up to $200,000 shall be available to carry out section 
499 of the Public Health Service Act.

                        buildings and facilities

          For the study of, construction of, and acquisition of 
equipment for, facilities of or used by the National Institutes of 
Health, including the acquisition of real property, $200,000,000, to 
remain available until expended, of which $90,000,000 shall be for the 
clinical research center: Provided, That, notwithstanding any other 
provision of law, a single contract or related contracts for the 
development and construction of the clinical research center may be 
employed which collectively include the full scope of the project: 
Provided further, That the solicitation and contract shall contain the 
clause ``availability of funds'' found at 48 CFR 52.232-18.

       Substance Abuse and Mental Health Services Administration

               substance abuse and mental health services

          For carrying out titles V and XIX of the Public Health 
Service Act with respect to substance abuse and mental health services, 
the Protection and Advocacy for Mentally Ill Individuals Act of 1986, 
section 30401 of Public Law 103-322 and section 301 of the Public 
Health Service Act with respect to program management, $2,134,743,000, 
of which $5,000,000 shall be for grants to rural and Native American 
projects and $12,800,000 shall be for activities authorized by section 
30401 of Public Law 103-322.

     retirement pay and medical benefits for commissioned officers

          For retirement pay and medical benefits of Public Health 
Service Commissioned Officers as authorized by law, and for payments 
under the Retired Serviceman's Family Protection Plan and Survivor 
Benefit Plan and for medical care of dependents and retired personnel 
under the Dependents' Medical Care Act (10 U.S.C. ch. 55), and for 
payments pursuant to section 229(b) of the Social Security Act (42 
U.S.C. 429(b)), such amounts as may be required during the current 
fiscal year.

               Agency for Health Care Policy and Research

                    health care policy and research

          For carrying out titles III and IX of the Public Health 
Service Act, and part A of title XI of the Social Security Act, 
$96,175,000; in addition, amounts received from Freedom of Information 
Act fees, reimbursable and interagency agreements, and the sale of data 
tapes shall be credited to this appropriation and shall remain 
available until expended: Provided, That the amount made available 
pursuant to section 926(b) of the Public Health Service Act shall not 
exceed $47,412,000.

                  Health Care Financing Administration

                     grants to states for medicaid

          For carrying out, except as otherwise provided, titles XI and 
XIX of the Social Security Act, $75,056,618,000, to remain available 
until expended.
          For making, after May 31, 1997, payments to States under 
title XIX of the Social Security Act for the last quarter of fiscal 
year 1997 for unanticipated costs, incurred for the current fiscal 
year, such sums as may be necessary.
          For making payments to States under title XIX of the Social 
Security Act for the first quarter of fiscal year 1998, 
$27,988,993,000, to remain available until expended.
          Payment under title XIX may be made for any quarter with 
respect to a State plan or plan amendment in effect during such 
quarter, if submitted in or prior to such quarter and approved in that 
or any subsequent quarter.

                  payments to health care trust funds

          For payment to the Federal Hospital Insurance and the Federal 
Supplementary Medical Insurance Trust Funds, as provided under sections 
217(g) and 1844 of the Social Security Act, sections 103(c) and 111(d) 
of the Social Security Amendments of 1965, section 278(d) of Public Law 
97-248, and for administrative expenses incurred pursuant to section 
201(g) of the Social Security Act, $60,079,000,000.

                           program management

          For carrying out, except as otherwise provided, titles XI, 
XVIII, and XIX of the Social Security Act, title XIII of the Public 
Health Service Act, and the Clinical Laboratory Improvement Amendments 
of 1988, not to exceed $1,735,125,000 to be transferred from the 
Federal Hospital Insurance and the Federal Supplementary Medical 
Insurance Trust Funds, as authorized by section 201(g) of the Social 
Security Act; together with all funds collected in accordance with 
section 353 of the Public Health Service Act, the latter funds to 
remain available until expended, together with such sums as may be 
collected from authorized user fees and the sale of data, which shall 
remain available until expended: Provided, That all funds derived in 
accordance with 31 U.S.C. 9701 from organizations established under 
title XIII of the Public Health Service Act are to be credited to and 
available for carrying out the purposes of this appropriation.

      health maintenance organization loan and loan guarantee fund

          For carrying out subsections (d) and (e) of section 1308 of 
the Public Health Service Act, any amounts received by the Secretary in 
connection with loans and loan guarantees under title XIII of the 
Public Health Service Act, to be available without fiscal year 
limitation for the payment of outstanding obligations. During fiscal 
year 1997, no commitments for direct loans or loan guarantees shall be 
made.

                Administration for Children and Families

                   family support payments to states

          For making payments of such sums as necessary to each State 
for carrying out the program of Aid to Families with Dependent Children 
under title IV-A of the Social Security Act in fiscal year 1997 before 
the effective date of the program of Temporary Assistance to Needy 
Families (TANF) with respect to such State: Provided, That the sum of 
the amounts available to a State with respect to expenditures under 
such title IV-A in fiscal year 1997 under this appropriation and under 
such title IV-A as amended by the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 shall not exceed the limitations 
under section 116(b) of such Act.
          For making payments to States for carrying out title IV-A 
(other than section 402(g)(6)) of the Social Security Act in calendar 
quarters prior to October 1, 1996, such sums as may be necessary.
          For making payments to States or other non-Federal entities 
under titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act 
and the Act of July 5, 1960 (24 U.S.C. ch. 9), $2,158,000,000 to remain 
available until expended.
          For making, after May 31 of the current fiscal year, payments 
to States or other non-Federal entities under titles I, IV-D, X, XI, 
XIV, and XVI of the Social Security Act, for the last three months of 
the current year for unanticipated costs, incurred for the current 
fiscal year, such sums as may be necessary.
          For making payments to States or other non-Federal entities 
under titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act 
and the Act of July 5, 1960 (24 U.S.C. ch. 9) for the first quarter of 
fiscal year 1998, $607,000,000, to remain available until expended.

                   job opportunities and basic skills

          For carrying out aid to families with dependent children work 
programs, as authorized by part F of title IV of the Social Security 
Act, $1,000,000,000.

                   low income home energy assistance

          For making payments under title XXVI of the Omnibus Budget 
Reconciliation Act of 1981, $1,000,000,000.
          For making payments under title XXVI of the Omnibus Budget 
Reconciliation Act of 1981, $1,000,000,000, to be available for 
obligation in the period October 1, 1997 through September 30, 1998.

                     refugee and entrant assistance

          For making payments for refugee and entrant assistance 
activities authorized by title IV of the Immigration and Nationality 
Act and section 501 of the Refugee Education Assistance Act of 1980 
(Public Law 96-422), $412,076,000: Provided, That funds appropriated 
pursuant to section 414(a) of the Immigration and Nationality Act under 
Public Law 103-333 for fiscal year 1995 shall be available for the 
costs of assistance provided and other activities conducted in such 
year and in fiscal years 1996 and 1997.

                 child care and development block grant

                     (including transfer of funds)

          For carrying out sections 658A through 658R of the Omnibus 
Budget Reconciliation Act of 1981 (The Child Care and Development Block 
Grant Act of 1990), $956,120,000, of which $937,000,000 shall become 
available on October 1, 1997 and shall remain available through 
September 30, 1998: Provided, That $19,120,000 shall become available 
for obligation on October 1, 1996 for child care resource and referral 
and school-aged child care activities, of which $6,120,000 shall be 
derived from an amount that shall be transferred from the amount 
appropriated under section 452(j) of the Social Security Act (42 U.S.C. 
652(j)) for fiscal year 1996 and remaining available for expenditure.

                      social services block grant

          For making grants to States pursuant to section 2002 of the 
Social Security Act, $2,500,000,000: Provided, That notwithstanding 
section 2003(c) of such Act, as amended, the amount specified for 
allocation under such section for fiscal year 1997 shall be 
$2,500,000,000.

                children and families services programs

                        (including rescissions)

          For carrying out, except as otherwise provided, the Runaway 
and Homeless Youth Act, the Developmental Disabilities Assistance and 
Bill of Rights Act, the Head Start Act, the Child Abuse Prevention and 
Treatment Act, the Temporary Child Care for Children with Disabilities 
and Crisis Nurseries Act of 1986, section 429A, part B of title IV of 
the Social Security Act, section 413 of the Social Security Act, the 
Family Violence Prevention and Services Act, the Native American 
Programs Act of 1974, title II of Public Law 95-266 (adoption 
opportunities), the Abandoned Infants Assistance Act of 1988, and part 
B(1) of title IV of the Social Security Act; for making payments under 
the Community Services Block Grant Act; and for necessary 
administrative expenses to carry out said Acts and titles I, IV, X, XI, 
XIV, XVI, and XX of the Social Security Act, the Act of July 5, 1960 
(24 U.S.C. ch. 9), the Omnibus Budget Reconciliation Act of 1981, title 
IV of the Immigration and Nationality Act, section 501 of the Refugee 
Education Assistance Act of 1980, and section 126 and titles IV and V 
of Public Law 100-485, $5,363,569,000, of which $536,432,000 shall be 
for making payments under the Community Services Block Grant Act: 
Provided, That to the extent Community Services Block Grant funds are 
distributed as grant funds by a State to an eligible entity as provided 
under the Act, and have not been expended by such entity, they shall 
remain with such entity for carryover into the next fiscal year for 
expenditure by such entity consistent with program purposes: Provided 
further, That of the amount appropriated for fiscal year 1997 under 
section 672(a) of the Community Services Block Grant Act, the Secretary 
shall use up to one percent of the funds available to correct 
allocation errors that occurred in fiscal year 1995 and fiscal year 
1996 to ensure that the minimum allotment to each State for each of 
fiscal years 1995 and 1996 would be $2,222,460: Provided further, That 
no more than one-half of one percent of the funds available under 
section 672(a) shall be used for the purposes of section 674(a) of the 
Community Services Block Grant Act.
          In addition, $20,000,000, to be derived from the Violent 
Crime Reduction Trust Fund, for carrying out sections 40155, 40211 and 
40241 of Public Law 103-322.
          Funds appropriated for fiscal year 1996 and fiscal year 1997 
under section 429A(e), part B of title IV of the Social Security Act 
shall be reduced by $6,000,000 in each such year.
          Funds appropriated for fiscal year 1997 under section 
413(h)(1) of the Social Security Act shall be reduced by $15,000,000.

                    family preservation and support

          For carrying out section 430 of the Social Security Act, 
$240,000,000.

       payments to states for foster care and adoption assistance

          For making payments to States or other non-Federal entities, 
under title IV-E of the Social Security Act, $4,445,031,000.
          For making payments to States or other non-Federal entities, 
under title IV-E of the Social Security Act, for the first quarter of 
fiscal year 1998, $1,111,000,000.

                        Administration on Aging

                        aging services programs

          For carrying out, to the extent not otherwise provided, the 
Older Americans Act of 1965, as amended, $830,168,000: Provided, That 
notwithstanding section 308(b)(1) of such Act, the amounts available to 
each State for administration of the State plan under title III of such 
Act shall be reduced not more than 5 percent below the amount that was 
available to such State for such purpose for fiscal year 1995: Provided 
further, That in considering grant applications for nutrition services 
for elder Indian recipients, the Assistant Secretary shall provide 
maximum flexibility to applicants who seek to take into account 
subsistence, local customs and other characteristics that are 
appropriate to the unique cultural, regional and geographic needs of 
the American Indian, Alaskan and Hawaiian native communities to be 
served.

                        Office of the Secretary

                    general departmental management

          For necessary expenses, not otherwise provided, for general 
departmental management, including hire of six sedans, and for carrying 
out titles III, XVII, and XX of the Public Health Service Act, 
$174,523,000, together with $5,851,000, to be transferred and expended 
as authorized by section 201(g)(1) of the Social Security Act from the 
Hospital Insurance Trust Fund and the Supplemental Medical Insurance 
Trust Fund: Provided, That of the funds made available under this 
heading for carrying out title XVII of the Public Health Service Act, 
$11,500,000 shall be available until expended for extramural 
construction: Provided further, That notwithstanding section 2010 (b) 
and (c) under title XX of the Public Health Service Act, as amended, of 
the funds made available under this heading, $10,879,000 shall be for 
activities specified under section 2003(b)(2) of title XX of the Public 
Health Service Act, as amended, and of which $9,011,000 shall be for 
prevention grants under section 510(b)(2) of title V of the Social 
Security Act, as amended: Provided further, That of the amount 
provided, $5,775,000 is designated by Congress as an emergency 
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended.

                      office of inspector general

          For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $32,999,000, together with any funds, to remain available 
until expended, that represent the equitable share from the forfeiture 
of property in investigations in which the Office of Inspector General 
participated, and which are transferred to the Office of Inspector 
General by the Department of Justice, the Department of the Treasury, 
or the United States Postal Service.

                        office for civil rights

          For expenses necessary for the Office for Civil Rights, 
$16,216,000, together with not to exceed $3,314,000, to be transferred 
and expended as authorized by section 201(g)(1) of the Social Security 
Act from the Hospital Insurance Trust Fund and the Supplemental Medical 
Insurance Trust Fund.

                            policy research

          For carrying out, to the extent not otherwise provided, 
research studies under section 1110 of the Social Security Act and 
section 301(l) of Public Law 104-191, $18,500,000: Provided, That 
$9,500,000, to remain available until September 30, 1998, shall be for 
carrying out section 301(l) of Public Law 104-191.

                           general provisions

          Sec. 201. Funds appropriated in this title shall be available 
for not to exceed $37,000 for official reception and representation 
expenses when specifically approved by the Secretary.
          Sec. 202. The Secretary shall make available through 
assignment not more than 60 employees of the Public Health Service to 
assist in child survival activities and to work in AIDS programs 
through and with funds provided by the Agency for International 
Development, the United Nations International Children's Emergency Fund 
or the World Health Organization.
          Sec. 203. None of the funds appropriated under this Act may 
be used to implement section 399L(b) of the Public Health Service Act 
or section 1503 of the National Institutes of Health Revitalization Act 
of 1993, Public Law 103-43.
          Sec. 204. None of the funds made available by this Act may be 
used to withhold payment to any State under the Child Abuse Prevention 
and Treatment Act by reason of a determination that the State is not in 
compliance with section 1340.2(d)(2)(ii) of title 45 of the Code of 
Federal Regulations. This provision expires upon the date of enactment 
of the reauthorization of the Child Abuse Prevention and Treatment Act.
          Sec. 205. None of the funds appropriated in this Act for the 
National Institutes of Health and the Substance Abuse and Mental Health 
Services Administration shall be used to pay the salary of an 
individual, through a grant or other extramural mechanism, at a rate in 
excess of $125,000 per year.
          Sec. 206. None of the funds appropriated in this Act may be 
expended pursuant to section 241 of the Public Health Service Act, 
except for funds specifically provided for in this Act, or for other 
taps and assessments made by any office located in the Department of 
Health and Human Services, prior to the Secretary's preparation and 
submission of a report to the Committee on Appropriations of the Senate 
and of the House detailing the planned uses of such funds.

                          (transfer of funds)

          Sec. 207. Of the funds appropriated or otherwise made 
available for the Department of Health and Human Services, General 
Departmental Management, for fiscal year 1997, the Secretary of Health 
and Human Services shall transfer to the Office of the Inspector 
General such sums as may be necessary for any expenses with respect to 
the provision of security protection for the Secretary of Health and 
Human Services.
          Sec. 208. None of the funds appropriated in this Act may be 
obligated or expended for the Federal Council on Aging under the Older 
Americans Act or the Advisory Board on Child Abuse and Neglect under 
the Child Abuse Prevention and Treatment Act.

                          (transfer of funds)

          Sec. 209. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act, as 
amended) which are appropriated for the current fiscal year for the 
Department of Health and Human Services in this Act may be transferred 
between appropriations, but no such appropriation shall be increased by 
more than 3 percent by any such transfer: Provided, That the 
Appropriations Committees of both House of Congress are notified at 
least fifteen days in advance of any transfer.

                          (transfer of funds)

          Sec. 210. The Director of the National Institutes of Health, 
jointly with the Director of the Office of AIDS Research, may transfer 
up to 3 percent among institutes, centers, and divisions from the total 
amounts identified by these two Directors as funding for research 
pertaining to the human immunodeficiency virus: Provided, That the 
Congress is promptly notified of the transfer.

                          (transfer of funds)

          Sec. 211. Of the amounts made available in this Act for the 
National Institutes of Health, the amount for research related to the 
human immunodeficiency virus, as jointly determined by the Director of 
NIH and the Director of the Office of AIDS Research, shall be made 
available to the ``Office of AIDS Research'' account. The Director of 
the Office of AIDS Research shall transfer from such account amounts 
necessary to carry out section 2353(d)(3) of the Public Health Service 
Act.
          Sec. 212. Not later than January 1, 1997, the Administrator 
of the Health Care Financing Administration, with the advice and 
technical assistance of the Agency for Health Care Policy and Research, 
shall transmit to the appropriate committees of the Congress a report 
including--
          (1) a review of all available studies and research data on 
the treatment of end-stage emphysema and chronic obstructive pulmonary 
disease by both unilateral and bilateral lung volume reduction surgery, 
involving both invasive and noninvasive surgery and supplemental 
surgical methods, including laser applications; and
          (2) a recommendation, based on such review, as to the 
appropriateness of Medicare coverage of such procedures and the 
conditions, if necessary, that facilities and physicians should be 
required to meet, to ensure the efficacy of such procedures, as more 
detailed clinical studies are conducted.
          Sec. 213. Section 304(a)(1) of the Family Violence Prevention 
and Services Act (42 U.S.C. 10403(a)(1)) is amended by striking 
``$200,000'' and inserting ``$400,000''.
          Sec. 214. The new clinical research center at the National 
Institutes of Health is hereby named the Mark O. Hatfield Clinical 
Research Center.
          Sec. 215. Section 345 of Public Law 104-193 is amended by 
replacing ``section 457(a)'' wherever it appears with ``a plan approved 
under this part''. Amounts available under such section shall be 
calculated as though such section were effective October 1, 1995.
          This title may be cited as the ``Department of Health and 
Human Services Appropriations Act, 1997''.

                   TITLE III--DEPARTMENT OF EDUCATION

                            education reform

          For carrying out activities authorized by titles III and IV 
of the Goals 2000: Educate America Act and the School-to-Work 
Opportunities Act, $691,000,000, of which $476,000,000 for the Goals 
2000: Educate America Act and $200,000,000 for the School-to-Work 
Opportunities Act shall become available on July 1, 1997, and remain 
available through September 30, 1998: Provided, That none of the funds 
appropriated under this heading shall be obligated or expended to carry 
out section 304(a)(2)(A) of the Goals 2000: Educate America Act.

                    education for the disadvantaged

          For carrying out title I of the Elementary and Secondary 
Education Act of 1965, and section 418A of the Higher Education Act, 
$7,698,469,000, of which $6,380,114,000 shall become available on July 
1, 1997, and shall remain available through September 30, 1998, and of 
which $1,298,386,000 shall become available on October 1, 1997 and 
shall remain available through September 30, 1998, for academic year 
1997-1998: Provided, That $6,194,850,000 shall be available for basic 
grants under section 1124: Provided further, That up to $3,500,000 of 
these funds shall be available to the Secretary on October 1, 1996, to 
obtain updated local-educational-agency-level census poverty data from 
the Bureau of the Census: Provided further, That $999,249,000 shall be 
available for concentration grants under section 1124(A) and $7,000,000 
shall be available for evaluations under section 1501.

                               impact aid

          For carrying out programs of financial assistance to 
federally affected schools authorized by title VIII of the Elementary 
and Secondary Education Act of 1965, $730,000,000, of which 
$615,500,000 shall be for basic support payments under section 8003(b), 
$40,000,000 shall be for payments for children with disabilities under 
section 8003(d), $52,000,000, to remain available until expended, shall 
be for payments under section 8003(f), $5,000,000 shall be for 
construction under section 8007, and $17,500,000 shall be for Federal 
property payments under section 8002.

                      school improvement programs

          For carrying out school improvement activities authorized by 
titles II, IV-A-1, V-A and B, VI, IX, X and XIII of the Elementary and 
Secondary Education Act of 1965; the Stewart B. McKinney Homeless 
Assistance Act; and the Civil Rights Act of 1964; $1,425,631,000, of 
which $1,202,478,000 shall become available on July 1, 1997, and remain 
available through September 30, 1998: Provided, That of the amount 
appropriated, $310,000,000 shall be for Eisenhower professional 
development State grants under title II-B and $310,000,000 shall be for 
innovative education program strategies State grants under title VI-A.

                   bilingual and immigrant education

          For carrying out, to the extent not otherwise provided, 
bilingual, foreign language and immigrant education activities 
authorized by parts A and C and section 7203 of title VII of the 
Elementary and Secondary Education Act, without regard to section 
7103(b), $261,700,000, of which $100,000,000 shall be for immigrant 
education programs authorized by part C: Provided, That State 
educational agencies may use all, or any part of, their part C 
allocation for competitive grants to local educational agencies: 
Provided further, That the Department of Education should only support 
instructional programs which ensure that students completely master 
English in a timely fashion (a period of three to five years) while 
meeting rigorous achievement standards in the academic content areas.

                            special education

          For carrying out parts B, C, D, E, F, G, and H and section 
610(j)(2)(C) of the Individuals with Disabilities Education Act, 
$4,036,000,000, of which $3,783,685,000 shall become available for 
obligation on July 1, 1997, and shall remain available through 
September 30, 1998: Provided, That the Republic of the Marshall 
Islands, the Federated States of Micronesia, and the Republic of Palau 
shall continue to be eligible to receive funds under the Individuals 
with Disabilities Education Act consistent with the provisions of 
Public Law 104-134: Provided further, That the entities that received 
competitive awards for direct services to children under section 611 of 
the Individuals with Disabilities Education Act in accordance with the 
competition required in Public Law 104-134 shall continue to be funded, 
without competition, in the same amounts as under Public Law 104-134.

            rehabilitation services and disability research

          For carrying out, to the extent not otherwise provided, the 
Rehabilitation Act of 1973, the Technology-Related Assistance for 
Individuals with Disabilities Act, and the Helen Keller National Center 
Act, as amended, $2,509,447,000.

           Special Institutions for Persons With Disabilities

                  american printing house for the blind

          For carrying out the Act of March 3, 1879, as amended (20 
U.S.C. 101 et seq.), $6,680,000.

               national technical institute for the deaf

          For the National Technical Institute for the Deaf under 
titles I and II of the Education of the Deaf Act of 1986 (20 U.S.C. 
4301 et seq.), $43,041,000: Provided, That from the amount available, 
the Institute may at its discretion use funds for the endowment program 
as authorized under section 207.

                          gallaudet university

          For the Kendall Demonstration Elementary School, the Model 
Secondary School for the Deaf, and the partial support of Gallaudet 
University under titles I and II of the Education of the Deaf Act of 
1986 (20 U.S.C. 4301 et seq.), $79,182,000: Provided, That from the 
amount available, the University may at its discretion use funds for 
the endowment program as authorized under section 207.

                     vocational and adult education

          For carrying out, to the extent not otherwise provided, the 
Carl D. Perkins Vocational and Applied Technology Education Act, the 
Adult Education Act, and the National Literacy Act of 1991, 
$1,486,531,000, of which $4,500,000 shall be for the National Institute 
for Literacy; and of which $1,483,612,000 shall become available on 
July 1, 1997 and shall remain available through September 30, 1998: 
Provided, That, of the amounts made available for title II of the Carl 
D. Perkins Vocational and Applied Technology Education Act, $4,500,000 
shall be used by the Secretary for national programs under title IV, 
without regard to section 451: Provided further, That, in addition, the 
Secretary may reserve up to $9,000,000 under section 101(a)(1)(A) of 
the Carl D. Perkins Vocational and Applied Technology Education Act, 
without regard to section 451: Provided further, That the Secretary may 
reserve up to $5,000,000 under section 313(d) of the Adult Education 
Act for activities carried out under section 383 of that Act: Provided 
further, That no funds shall be awarded to a State Council under 
section 112(f) of the Carl D. Perkins Vocational and Applied Technology 
Education Act, and no State shall be required to operate such a 
Council.

                      student financial assistance

          For carrying out subparts 1, 3, and 4, of part A, part C and 
part E of title IV of the Higher Education Act of 1965, as amended, 
$7,560,407,000, which shall remain available through September 30, 
1998.
          The maximum Pell Grant for which a student shall be eligible 
during award year 1997-1998 shall be $2,700: Provided, That 
notwithstanding section 401(g) of the Act, if the Secretary determines, 
prior to publication of the payment schedule for such award year, that 
the amount included within this appropriation for Pell Grant awards in 
such award year, and any funds available from the fiscal year 1996 
appropriation for Pell Grant awards, are insufficient to satisfy fully 
all such awards for which students are eligible, as calculated under 
section 401(b) of the Act, the amount paid for each such award shall be 
reduced by either a fixed or variable percentage, or by a fixed dollar 
amount, as determined in accordance with a schedule of reductions 
established by the Secretary for this purpose.

             federal family education loan program account

          For Federal administrative expenses to carry out guaranteed 
student loans authorized by title IV, part B, of the Higher Education 
Act, as amended, $46,572,000.

                            higher education

          For carrying out, to the extent not otherwise provided, parts 
A and B of title III, without regard to section 360(a)(1)(B)(ii), 
titles IV, V, VI, VII, and IX, part A and subpart 1 of part B of title 
X, and title XI of the Higher Education Act of 1965, as amended, Public 
Law 102-423 and the Mutual Educational and Cultural Exchange Act of 
1961; $879,054,000, of which $15,673,000 for interest subsidies under 
title VII of the Higher Education Act, as amended, shall remain 
available until expended: Provided, That funds available for part D of 
title IX of the Higher Education Act shall be available to fund 
noncompeting continuation awards for academic year 1997-1998 for 
fellowships awarded originally under part B of title IX of said Act, 
under the terms and conditions of part B: Provided further, That 
$5,931,000 of the funds available for part D of title IX of the Higher 
Education Act shall be available to fund new and noncompeting 
continuation awards for academic year 1997-1998 for fellowships awarded 
under part C of title IX of said Act, under the terms and conditions of 
part C: Provided further, That notwithstanding sections 419D, 419E, and 
419H of the Higher Education Act, as amended, scholarships made under 
title IV, part A, subpart 6 shall be prorated to maintain the same 
number of new scholarships in fiscal year 1997 as in fiscal year 1996: 
Provided further, That $3,000,000, to remain available until expended, 
shall be for the George H.W. Bush fellowship program, if authorized by 
April 1, 1997: Provided further, That $3,000,000, to remain available 
until expended, shall be for the Edmund S. Muskie Foundation to 
establish an endowment fund to provide income to support such 
foundation on a continuing basis, if authorized by April 1, 1997: 
Provided further, That $3,000,000, to remain available until expended, 
shall be for the Claiborne Pell Institute for International Relations 
and Public Policy at Salve Regina University in Newport, Rhode Island, 
if authorized by April 1, 1997: Provided further, That $1,000,000, to 
remain available until expended, shall be for the Calvin Coolidge 
Memorial Foundation, if authorized by April 1, 1997: Provided further, 
That, of the amounts made available under title X, part A of the Higher 
Education Act, $2,000,000 shall be awarded to the Pennsylvania 
Educational Telecommunications Exchange Network.

                           howard university

          For partial support of Howard University (20 U.S.C. 121 et 
seq.), $196,000,000: Provided, That from the amount available, the 
University may at its discretion use funds for the endowment program as 
authorized under the Howard University Endowment Act (Public Law 98-
480).

                   higher education facilities loans

          The Secretary is hereby authorized to make such expenditures, 
within the limits of funds available under this heading and in accord 
with law, and to make such contracts and commitments without regard to 
fiscal year limitation, as provided by section 104 of the Government 
Corporation Control Act (31 U.S.C. 9104), as may be necessary in 
carrying out the program for the current fiscal year.

         college housing and academic facilities loans program

          For administrative expenses to carry out the existing direct 
loan program of college housing and academic facilities loans entered 
into pursuant to title VII, part C, of the Higher Education Act, as 
amended, $698,000.

                         college housing loans

          Pursuant to title VII, part C of the Higher Education Act, as 
amended, for necessary expenses of the college housing loans program, 
the Secretary shall make expenditures and enter into contracts without 
regard to fiscal year limitation using loan repayments and other 
resources available to this account. Any unobligated balances becoming 
available from fixed fees paid into this account pursuant to 12 U.S.C. 
1749d, relating to payment of costs for inspections and site visits, 
shall be available for the operating expenses of this account.

 historically black college and university capital financing, program 
                                account

          The total amount of bonds insured pursuant to section 724 of 
title VII, part B of the Higher Education Act shall not exceed 
$357,000,000, and the cost, as defined in section 502 of the 
Congressional Budget Act of 1974, of such bonds shall not exceed zero.
          For administrative expenses to carry out the Historically 
Black College and University Capital Financing Program entered into 
pursuant to title VII, part B of the Higher Education Act, as amended, 
$104,000.

            education research, statistics, and improvement

          For carrying out activities authorized by the Educational 
Research, Development, Dissemination, and Improvement Act of 1994, 
including part E; the National Education Statistics Act of 1994; 
section 2102, sections 3132, 3136 and 3141, parts B, C, and D of title 
III and parts A, B, I, and K and section 10601 of title X, and part C 
of title XIII of the Elementary and Secondary Education Act of 1965, as 
amended, and title VI of Public Law 103-227, $598,350,000: Provided, 
That $200,000,000 shall be for section 3132, $56,965,000 shall be for 
section 3136 and $10,000,000 shall be for section 3141 of the 
Elementary and Secondary Education Act: Provided further, That 
notwithstanding any other provision of law, one-half of one percent of 
the amount available for section 3132 of the Elementary and Secondary 
Education Act of 1965, as amended, shall be set aside for the outlying 
areas to be distributed among the outlying areas on the basis of their 
relative need as determined by the Secretary in accordance with the 
purposes of the program: Provided further, That, notwithstanding 
section 3131(b) of said Act, if any State educational agency does not 
apply for a grant under section 3132, that State's allotment under 
section 3131 shall be reserved by the Secretary for grants to local 
educational agencies in the State that apply directly to the Secretary 
according to the terms and conditions announced by the Secretary in the 
Federal Register: Provided further, That, of the amount available for 
title III, part B of the Elementary and Secondary Education Act of 
1965, as amended, funds shall be awarded to continue the Iowa 
Communication Network statewide fiber optic demonstration and 
$2,000,000 shall be awarded to the Southeastern Pennsylvania Consortium 
for Higher Education for the establishment of local and wide area 
computer networks to provide instructional resources to students and 
faculty: Provided further, That none of the funds appropriated in this 
paragraph may be obligated or expended for the Goals 2000 Community 
Partnerships Program.

                               libraries

          Notwithstanding title VII of this Act, for carrying out 
titles I, II, III, and IV of the Library Services and Construction Act, 
and title II-B of the Higher Education Act, $136,369,000, of which 
$16,369,000 shall be used to carry out the provisions of title II of 
the Library Services and Construction Act and shall remain available 
until expended; and $2,500,000 shall be for section 222 and $5,000,000 
shall be for section 223 of the Higher Education Act: Provided, That 
$1,000,000 shall be competitively awarded to a nonprofit regional 
social tolerance resource center, operating tolerance tools and 
prejudice reduction programs and multimedia tolerance and genocide 
exhibits: Provided further, That $1,500,000 shall be for the 
continuation of a demonstration project making information available 
for public use by connecting Internet to a multistate consortium and a 
historical society: Provided further, That $1,000,000 shall be for 
continuation of catalog conversion of research and doctoral 
institutions and networking of local libraries under the fiber optics 
demonstration initiated in Public Law 102-394 under section 223 of the 
Higher Education Act: Provided further, That each State or local 
recipient of funds under titles I, II, III, and IV of the Library 
Services and Construction Act may use any such funds to plan for any 
library program or activity authorized under title VII of this Act and 
conduct any other activity reasonably necessary to provide for an 
orderly and effective transition to the operation of library programs 
or activities under title VII of this Act.

                        Departmental Management

                         program administration

          For carrying out, to the extent not otherwise provided, the 
Department of Education Organization Act, including rental of 
conference rooms in the District of Columbia and hire of two passenger 
motor vehicles, $327,000,000.

                        office for civil rights

          For expenses necessary for the Office for Civil Rights, as 
authorized by section 203 of the Department of Education Organization 
Act, $55,000,000.

                    office of the inspector general

          For expenses necessary for the Office of the Inspector 
General, as authorized by section 212 of the Department of Education 
Organization Act, $30,000,000.

                           GENERAL PROVISIONS

          Sec. 301. No funds appropriated in this Act may be used for 
the transportation of students or teachers (or for the purchase of 
equipment for such transportation) in order to overcome racial 
imbalance in any school or school system, or for the transportation of 
students or teachers (or for the purchase of equipment for such 
transportation) in order to carry out a plan of racial desegregation of 
any school or school system.
          Sec. 302. None of the funds contained in this Act shall be 
used to require, directly or indirectly, the transportation of any 
student to a school other than the school which is nearest the 
student's home, except for a student requiring special education, to 
the school offering such special education, in order to comply with 
title VI of the Civil Rights Act of 1964. For the purpose of this 
section an indirect requirement of transportation of students includes 
the transportation of students to carry out a plan involving the 
reorganization of the grade structure of schools, the pairing of 
schools, or the clustering of schools, or any combination of grade 
restructuring, pairing or clustering. The prohibition described in this 
section does not include the establishment of magnet schools.
          Sec. 303. No funds appropriated under this Act may be used to 
prevent the implementation of programs of voluntary prayer and 
meditation in the public schools.
          Sec. 304. Notwithstanding any other provision of law, funds 
available under section 458 of the Higher Education Act shall not 
exceed $491,000,000 for fiscal year 1997. The Department of Education 
shall use $80,000,000 of the amounts provided for payment of 
administrative cost allowances to guaranty agencies for fiscal year 
1996. For fiscal year 1997, the Department of Education shall pay 
administrative costs to guaranty agencies, calculated on the basis of 
0.85 percent of the total principal amount of loans upon which 
insurance was issued on or after October 1, 1996: Provided, That such 
administrative costs shall be paid only on the first $8,200,000,000 of 
the principal amount of loans upon which insurance was issued on or 
after October 1, 1996 by such guaranty agencies, and shall not exceed a 
total of $70,000,000. Such payments are to be paid quarterly, and 
receipt of such funds and uses of such funds shall be in accordance 
with section 428(f) of the Higher Education Act.
          Notwithstanding section 458 of the Higher Education Act, the 
Secretary may not use funds available under that section or any other 
section for subsequent fiscal years for administrative expenses of the 
William D. Ford Direct Loan Program. The Secretary may not require the 
return of guaranty agency reserve funds during fiscal year 1997, except 
after consultation with both the Chairmen and ranking members of the 
House Economic and Educational Opportunities Committee and the Senate 
Labor and Human Resources Committee. Any reserve funds recovered by the 
Secretary shall be returned to the Treasury of the United States for 
purposes of reducing the Federal deficit.
          No funds available to the Secretary may be used for (1) the 
hiring of advertising agencies or other third parties to provide 
advertising services for student loan programs prior to January 1, 
1997, or (2) payment of administrative fees relating to the William D. 
Ford Direct Loan Program to institutions of higher education.
          Sec. 305. None of the funds appropriated in this Act may be 
obligated or expended to carry out section 621(b) of Public Law 101-
589.

                          (transfer of funds)

          Sec. 306. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act, as 
amended) which are appropriated for the current fiscal year for the 
Department of Education in this Act may be transferred between 
appropriations, but no such appropriation shall be increased by more 
than 3 percent by any such transfer: Provided, That the Appropriations 
Committees of both Houses of Congress are notified at least fifteen 
days in advance of any transfer.
          Sec. 307. (a) Section 8003(f)(3)(A)(i) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7703(f)(3)(A)(i)) is 
amended--
            (1) in the matter preceding subclause (I), by striking 
        ``The Secretary'' and all that follows through ``greater of--'' 
        and inserting the following: ``The Secretary, in conjunction 
        with the local educational agency, shall first determine each 
        of the following:'';
            (2) in each of subclauses (I) through (III), by striking 
        ``the average'' each place it appears the first time in each 
        such subclause and inserting ``The average'';
            (3) in subclause (I), by striking the semicolon and 
        inserting a period;
            (4) in subclause (II), by striking ``: or'' and inserting a 
        period; and
            (5) by adding at the end the following:
          ``The local educational agency shall select one of the 
amounts determined under subclause (I), (II), or (III) for purposes of 
the remaining computations under this subparagraph.''.
          (b) The amendments made by subsection (a) shall apply with 
respect to fiscal years beginning with fiscal year 1995.
          Sec. 308. Section 485(e)(9) of the Higher Education Act of 
1965 is amended by striking out ``June 30'' in the second sentence of 
such section and inserting ``August 30''.
          This title may be cited as the ``Department of Education 
Appropriations Act, 1997''.

                       TITLE IV--RELATED AGENCIES

                      Armed Forces Retirement Home

          For expenses necessary for the Armed Forces Retirement Home 
to operate and maintain the United States Soldiers' and Airmen's Home 
and the United States Naval Home, to be paid from funds available in 
the Armed Forces Retirement Home Trust Fund, $56,204,000, of which 
$432,000 shall remain available until expended for construction and 
renovation of the physical plants at the United States Soldiers' and 
Airmen's Home and the United States Naval Home: Provided, That this 
appropriation shall not be available for the payment of hospitalization 
of members of the Soldiers' and Airmen's Home in United States Army 
hospitals at rates in excess of those prescribed by the Secretary of 
the Army upon recommendation of the Board of Commissioners and the 
Surgeon General of the Army.

             Corporation for National and Community Service

        domestic volunteer service programs, operating expenses

          For expenses necessary for the Corporation for National and 
Community Service to carry out the provisions of the Domestic Volunteer 
Service Act of 1973, as amended, $213,969,000.

                  Corporation for Public Broadcasting

          For payment to the Corporation for Public Broadcasting, as 
authorized by the Communications Act of 1934, an amount which shall be 
available within limitations specified by that Act, for the fiscal year 
1999, $250,000,000: Provided, That no funds made available to the 
Corporation for Public Broadcasting by this Act shall be used to pay 
for receptions, parties, or similar forms of entertainment for 
Government officials or employees: Provided further, That none of the 
funds contained in this paragraph shall be available or used to aid or 
support any program or activity from which any person is excluded, or 
is denied benefits, or is discriminated against, on the basis of race, 
color, national origin, religion, or sex.

               Federal Mediation and Conciliation Service

                         salaries and expenses

          For expenses necessary for the Federal Mediation and 
Conciliation Service to carry out the functions vested in it by the 
Labor Management Relations Act, 1947 (29 U.S.C. 171-180, 182-183), 
including hire of passenger motor vehicles; and for expenses necessary 
for the Labor-Management Cooperation Act of 1978 (29 U.S.C. 175a); and 
for expenses necessary for the Service to carry out the functions 
vested in it by the Civil Service Reform Act, Public Law 95-454 (5 
U.S.C. chapter 71), $32,579,000 including $1,500,000, to remain 
available through September 30, 1998, for activities authorized by the 
Labor-Management Cooperation Act of 1978 (29 U.S.C. 175a): Provided, 
That notwithstanding 31 U.S.C. 3302, fees charged, up to full-cost 
recovery, for special training activities and for arbitration services 
shall be credited to and merged with this account, and shall remain 
available until expended: Provided further, That fees for arbitration 
services shall be available only for education, training, and 
professional development of the agency workforce: Provided further, 
That the Director of the Service is authorized to accept on behalf of 
the United States gifts of services and real, personal, or other 
property in the aid of any projects or functions within the Director's 
jurisdiction.

            Federal Mine Safety and Health Review Commission

                         salaries and expenses

          For expenses necessary for the Federal Mine Safety and Health 
Review Commission (30 U.S.C. 801 et seq.), $6,060,000.

        National Commission on Libraries and Information Science

                         salaries and expenses

          For necessary expenses for the National Commission on 
Libraries and Information Science, established by the Act of July 20, 
1970 (Public Law 91-345, as amended by Public Law 102-95), $897,000.

                     National Council on Disability

                         salaries and expenses

          For expenses necessary for the National Council on Disability 
as authorized by title IV of the Rehabilitation Act of 1973, as 
amended, $1,793,000.

                     National Education Goals Panel

          For expenses necessary for the National Education Goals 
Panel, as authorized by title II, part A of the Goals 2000: Educate 
America Act, $1,500,000.

                     National Labor Relations Board

                         salaries and expenses

          For expenses necessary for the National Labor Relations Board 
to carry out the functions vested in it by the Labor-Management 
Relations Act, 1947, as amended (29 U.S.C. 141-167), and other laws, 
$175,000,000: Provided, That no part of this appropriation shall be 
available to organize or assist in organizing agricultural laborers or 
used in connection with investigations, hearings, directives, or orders 
concerning bargaining units composed of agricultural laborers as 
referred to in section 2(3) of the Act of July 5, 1935 (29 U.S.C. 152), 
and as amended by the Labor-Management Relations Act, 1947, as amended, 
and as defined in section 3(f) of the Act of June 25, 1938 (29 U.S.C. 
203), and including in said definition employees engaged in the 
maintenance and operation of ditches, canals, reservoirs, and waterways 
when maintained or operated on a mutual, nonprofit basis and at least 
95 per centum of the water stored or supplied thereby is used for 
farming purposes: Provided further, That none of the funds made 
available by this Act shall be used in any way to promulgate a final 
rule (altering 29 CFR part 103) regarding single location bargaining 
units in representation cases.

                        National Mediation Board

                         salaries and expenses

          For expenses necessary to carry out the provisions of the 
Railway Labor Act, as amended (45 U.S.C. 151-188), including emergency 
boards appointed by the President, $8,300,000: Provided, That 
unobligated balances at the end of fiscal year 1997 not needed for 
emergency boards shall remain available for other statutory purposes 
through September 30, 1998.

            Occupational Safety and Health Review Commission

                         salaries and expenses

          For expenses necessary for the Occupational Safety and Health 
Review Commission (29 U.S.C. 661), $7,753,000.

                  Physician Payment Review Commission

                         salaries and expenses

          For expenses necessary to carry out section 1845(a) of the 
Social Security Act, $3,263,000, to be transferred to this 
appropriation from the Federal Supplementary Medical Insurance Trust 
Fund.

               Prospective Payment Assessment Commission

                         salaries and expenses

          For expenses necessary to carry out section 1886(e) of the 
Social Security Act, $3,263,000, to be transferred to this 
appropriation from the Federal Hospital Insurance and the Federal 
Supplementary Medical Insurance Trust Funds.

                     Social Security Administration

                payments to social security trust funds

          For payment to the Federal Old-Age and Survivors Insurance 
and the Federal Disability Insurance trust funds, as provided under 
sections 201(m), 228(g), and 1131(b)(2) of the Social Security Act, 
$20,923,000.
          In addition, to reimburse these trust funds for 
administrative expenses to carry out sections 9704 and 9706 of the 
Internal Revenue Code of 1986, $10,000,000, to remain available until 
expended.

               special benefits for disabled coal miners

          For carrying out title IV of the Federal Mine Safety and 
Health Act of 1977, $460,070,000, to remain available until expended.
          For making, after July 31 of the current fiscal year, benefit 
payments to individuals under title IV of the Federal Mine Safety and 
Health Act of 1977, for costs incurred in the current fiscal year, such 
amounts as may be necessary.
          For making benefit payments under title IV of the Federal 
Mine Safety and Health Act 1977 for the first quarter of fiscal year 
1998, $160,000,000, to remain available until expended.

                  supplemental security income program

          For carrying out titles XI and XVI of the Social Security 
Act, section 401 of Public Law 92-603, section 212 of Public Law 93-66, 
as amended, and section 405 of Public Law 95-216, including payment to 
the Social Security trust funds for administrative expenses incurred 
pursuant to section 201(g)(1) of the Social Security Act, 
$19,372,010,000, to remain available until expended: Provided, That any 
portion of the funds provided to a State in the current fiscal year and 
not obligated by the State during that year shall be returned to the 
Treasury.
          From funds provided under the previous paragraph, not less 
than $100,000,000 shall be available for payment to the Social Security 
trust funds for administrative expenses for conducting continuing 
disability reviews.
          In addition, $175,000,000, to remain available until 
September 30, 1998, for payment to the Social Security trust funds for 
administrative expenses for continuing disability reviews as authorized 
by section 103 of Public Law 104-121 and Supplemental Security Income 
administrative work as authorized by Public Law 104-193. The term 
``continuing disability reviews'' means reviews and redetermination as 
defined under section 201(g)(1)(A) of the Social Security Act as 
amended, and reviews and redeterminations authorized under section 211 
of Public Law 104-193.
          For making, after June 15 of the current fiscal year, benefit 
payments to individuals under title XVI of the Social Security Act, for 
unanticipated costs incurred for the current fiscal year, such sums as 
may be necessary.
          For carrying out title XVI of the Social Security Act for the 
first quarter of fiscal year 1998, $9,690,000,000, to remain available 
until expended.

                 limitation on administrative expenses

          For necessary expenses, including the hire of two passenger 
motor vehicles, and not to exceed $10,000 for official reception and 
representation expenses, not more than $5,873,382,000 may be expended, 
as authorized by section 201(g)(1) of the Social Security Act or as 
necessary to carry out sections 9704 and 9706 of the Internal Revenue 
Code of 1986 from any one or all of the trust funds referred to 
therein: Provided, That reimbursement to the trust funds under this 
heading for administrative expenses to carry out sections 9704 and 9706 
of the Internal Revenue Code of 1986 shall be made, with interest, not 
later than September 30, 1988: Provided further, That not less than 
$1,268,000 shall be for the Social Security Advisory Board: Provided 
further, That unobligated balances at the end of fiscal year 1997 not 
needed for fiscal year 1997 shall remain available until expended for a 
state-of-the-art computing network, including related equipment and 
administrative expenses associated solely with this network.
          From funds provided under the previous paragraph, not less 
than $200,000,000 shall be available for conducting continuing 
disability reviews.
          In addition to funding already available under this heading, 
and subject to the same terms and conditions, $310,000,000, to remain 
available until September 30, 1998, for continuing disability reviews 
as authorized by section 103 of Public Law 104-121 and Supplemental 
Security Income administrative work as authorized by Public Law 104-
193. The term ``continuing disability reviews'' means reviews and 
redetermination as defined under section 201(g)(1)(A) of the Social 
Security Act as amended, and reviews and redeterminations authorized 
under section 211 of Public Law 104-193.
          In addition to funding already available under this heading, 
and subject to the same terms and conditions, $234,895,000, which shall 
remain available until expended, to invest in a state-of-the-art 
computing network, including related equipment and administrative 
expenses associated solely with this network, for the Social Security 
Administration and the State Disability Determination Services, may be 
expended from any or all of the trust funds as authorized by section 
201(g)(1) of the Social Security Act.

                      office of inspector general

          For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $6,335,000, together with not to exceed $31,089,000, to be 
transferred and expended as authorized by section 201(g)(1) of the 
Social Security Act from the Federal Old-Age and Survivors Insurance 
Trust Fund and the Federal Disability Insurance Trust Fund.

                       Railroad Retirement Board

                     dual benefits payments account

          For payment to the Dual Benefits Payments Account, authorized 
under section 15(d) of the Railroad Retirement Act of 1974, 
$223,000,000, which shall include amounts becoming available in fiscal 
year 1997 pursuant to section 224(c)(1)(B) of Public Law 98-76; and in 
addition, an amount, not to exceed 2 percent of the amount provided 
herein, shall be available proportional to the amount by  which the 
product of recipients and the average benefit received exceeds 
$223,000,000: Provided, That the total amount provided herein shall be 
credited in 12 approximately equal amounts on the first day of each 
month in the fiscal year.

          federal payments to the railroad retirement accounts

          For payment to the accounts established in the Treasury for 
the payment of benefits under the Railroad Retirement Act for interest 
earned on unnegotiated checks, $300,000, to remain available through 
September 30, 1998, which shall be the maximum amount available for 
payment pursuant to section 417 of Public Law 98-76.

                      limitation on administration

          For necessary expenses for the Railroad Retirement Board for 
administration of the Railroad Retirement Act and the Railroad 
Unemployment Insurance Act, $87,898,000, to be derived in such amounts 
as determined by the Board from the railroad retirement accounts and 
from moneys credited to the railroad unemployment insurance 
administration fund.

             limitation on the office of inspector general

          For expenses necessary for the Office of Inspector General 
for audit, investigatory and review activities, as authorized by the 
Inspector General Act of 1978, as amended, not more than $5,404,000, to 
be derived from the railroad retirement accounts and railroad 
unemployment insurance account: Provided, That none of the funds made 
available in this Act may be transferred to the Office from the 
Department of Health and Human Services, or used to carry out any such 
transfer: Provided further, That none of the funds made available in 
this paragraph may be used for any audit, investigation, or review of 
the Medicare program.

                    United States Institute of Peace

                           operating expenses

          For necessary expenses of the United States Institute of 
Peace as authorized in the United States Institute of Peace Act, 
$11,160,000.

                      TITLE V--GENERAL PROVISIONS

          Sec. 501. The Secretaries of Labor, Health and Human 
Services, and Education are authorized to transfer unexpended balances 
of prior appropriations to accounts corresponding to current 
appropriations provided in this Act: Provided, That such transferred 
balances are used for the same purpose, and for the same periods of 
time, for which they were originally appropriated.
          Sec. 502. No part of any appropriation contained in this Act 
shall remain available for obligation beyond the current fiscal year 
unless expressly so provided herein.
          Sec. 503. (a) No part of any appropriation contained in this 
Act shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for 
the preparation, distribution, or use of any kit, pamphlet, booklet, 
publication, radio, television, or video presentation designed to 
support or defeat legislation pending before the Congress, except in 
presentation to the Congress itself or any State legislature, except in 
presentation to the Congress or any State legislative body itself.
          (b) No part of any appropriation contained in this Act shall 
be used to pay the salary or expenses of any grant or contract 
recipient, or agent acting for such recipient, related to any activity 
designed to influence legislation or appropriations pending before the 
Congress or any State legislature.
          Sec. 504. The Secretaries of Labor and Education are each 
authorized to make available not to exceed $15,000 from funds available 
for salaries and expenses under titles I and III, respectively, for 
official reception and representation expenses; the Director of the 
Federal Mediation and Conciliation Service is authorized to make 
available for official reception and representation expenses not to 
exceed $2,500 from the funds available for ``Salaries and expenses, 
Federal Mediation and Conciliation Service''; and the Chairman of the 
National Mediation Board is authorized to make available for official 
reception and representation expenses not to exceed $2,500 from funds 
available for ``Salaries and expenses, National Mediation Board''.
          Sec. 505. Notwithstanding any other provision of this Act, no 
funds appropriated under this Act shall be used to carry out any 
program of distributing sterile needles for the hypodermic injection of 
any illegal drug unless the Secretary of Health and Human Services 
determines that such programs are effective in preventing the spread of 
HIV and do not encourage the use of illegal drugs.
          Sec. 506. (a) Purchase of American-Made Equipment and 
Products.--It is the sense of the Congress that, to the greatest extent 
practicable, all equipment and products purchased with funds made 
available in this Act should be American-made.
          (b) Notice Requirement.--In providing financial assistance 
to, or entering into any contract with, any entity using funds made 
available in this Act, the head of each Federal agency, to the greatest 
extent practicable, shall provide to such entity a notice describing 
the statement made in subsection (a) by the Congress.
          (c) Prohibition of Contracts With Persons Falsely Labeling 
Products as Made in America.--If it has been finally determined by a 
court or Federal agency that any person intentionally affixed a label 
bearing a ``Made in America'' inscription, or any inscription with the 
same meaning, to any product sold in or shipped to the United States 
that is not made in the United States, the person shall be ineligible 
to receive any contract or subcontract made with funds made available 
in this Act, pursuant to the debarment, suspension, and ineligibility 
procedures described in sections 9.400 through 9.409 of title 48, code 
of Federal Regulations.
          Sec. 507. When issuing statements, press releases, requests 
for proposals, bid solicitations and other documents describing 
projects or programs funded in whole or in part with Federal money, all 
grantees receiving Federal funds included in this Act, including but 
not limited to State and local governments and recipients of Federal 
research grants, shall clearly state (1) the percentage of the total 
costs of the program or project which will be financed with Federal 
money, (2) the dollar amount of Federal funds for the project or 
program, and (3) percentage and dollar amount of the total costs of the 
project or program that will be financed by nongovernmental sources.
          Sec. 508. None of the funds appropriated under this Act shall 
be expended for any abortion except when it is made known to the 
Federal entity or official to which funds are appropriated under this 
Act that such procedure is necessary to save the life of the mother or 
that the pregnancy is the result of an act of rape or incest.
          Sec. 509. Notwithstanding any other provision of law--
            (1) no amount may be transferred from an appropriation 
        account for the Departments of Labor, Health and Human 
        Services, and Education except as authorized in this or any 
        subsequent appropriation Act, or in the Act establishing the 
        program or activity for which funds are contained in this Act;
            (2) no department, agency, or other entity, other than the 
        one responsible for administering the program or activity for 
        which an appropriation is made in this Act, may exercise 
        authority for the timing of the obligation and expenditure of 
        such appropriation, or for the purpose for which it is 
        obligated and expended, except to the extent and in the manner 
        otherwise provided in sections 1512 and 1513 of title 31, 
        United States Code; and
            (3) no funds provided under this Act shall be available for 
        the salary (or any part thereof) of an employee who is 
        reassigned on a temporary detail basis to another position in 
        the employing agency or department or in any other agency or 
        department, unless the detail is independently approved by the 
        head of the employing department of agency.
          Sec. 510. None of the funds made available in this Act may be 
used for the expenses of an electronic benefit transfer (EBT) task 
force.
          Sec. 511. None of the funds made available in this Act may be 
used to enforce the requirements of section 428(b)(1)(U)(iii) of the 
Higher Education Act of 1965 with respect to any lender when it is made 
known to the Federal official having authority to obligate or expend 
such funds that the lender has a loan portfolio under part B of title 
IV of such Act that is equal to or less than $5,000,000.
          Sec. 512. (a) None of the funds made available in this Act 
may be used for--
            (1) the creation of a human embryo or embryos for research 
        purposes; or
            (2) research in which a human embryo or embryos are 
        destroyed, discarded, or knowingly subjected to risk of injury 
        or death greater than that allowed for research on fetuses in 
        utero under 45 CFR 46.208(a)(2) and section 498(b) of the 
        Public Health Service Act (42 U.S.C. 289g(b)).
          (b) For purposes of this section, the term ``human embryo or 
embryos'' include any organism, not protected as a human subject under 
45 CFR 46 as of the date of the enactment of this Act, that is derived 
by fertilization, parthenogenesis, cloning, or any other means from one 
or more human gametes.
          Sec. 513. (a) Limitation on Use of Funds for Promotion of 
Legalization of Controlled Substances.--None of the funds made 
available in this Act may be used for any activity when it is made 
known to the Federal official having authority to obligate or expend 
such funds that the activity promotes the legalization of any drug or 
other substance included in schedule I of the schedules of controlled 
substances established by section 202 of the Controlled Substances Act 
(21 U.S.C. 812).
          (b) Exceptions.--The limitation in subsection (a) shall not 
apply when it is made known to the Federal official having authority to 
obligate or expend such funds that there is significant medical 
evidence of a therapeutic advantage to the use of such drug or other 
substance or that Federally-sponsored clinical trials are being 
conducted to determine therapeutic advantage.
          Sec. 514. (a) Denial of Funds for Preventing ROTC Access to 
Campus.--None of the funds made available in this or any other 
Departments of Labor, Health and Human Services, and Education, and 
Related Agencies Appropriations Act for any fiscal year may be provided 
by contract or by grant (including a grant of funds to be available for 
student aid) to a covered educational entity if the Secretary of 
Defense determines that the covered educational entity has a policy or 
practice (regardless of when implemented) that either prohibits, or in 
effect prevents--
            (1) the maintaining, establishing, or operation of a unit 
        of the Senior Reserve Officer Training Corps (in accordance 
        with section 654 of title 10, United States Code, and other 
        applicable Federal laws) at the covered educational entity; or
            (2) a student at the covered educational entity from 
        enrolling in a unit of the Senior Reserve Officer Training 
        Corps at another institution of higher education.
          (b) Denial of Funds for Preventing Federal Military 
Recruiting on Campus.--None of the funds made available in this or any 
other Departments of Labor, Health and Human Services, and Education, 
and Related Agencies Appropriations Act for any fiscal year may be 
provided by contract or by grant (including a grant of funds to be 
available for student aid) to a covered educational entity if the 
Secretary of Defense determines that the covered educational entity has 
a policy or practice (regardless of when implemented) that either 
prohibits, or in effect prevents--
            (1) entry to campuses, or access to students (who are 17 
        years of age or older) on campuses, for purposes of Federal 
        military recruiting; or
            (2) access by military recruiters for purposes of Federal 
        military recruiting to the following information pertaining to 
        students (who are 17 years of age or older) enrolled at the 
        covered educational entity:
                    (A) student names, addresses, and telephone 
                listings; and
                    (B) if known, student ages, levels of education, 
                and majors.
          (c) Exceptions.--The limitation established in subsection (a) 
or (b) shall not apply to a covered educational entity if the Secretary 
of Defense determines that--
            (1) the covered educational entity has ceased the policy or 
        practice described in such subsection;
            (2) the institution of higher education involved has a 
        longstanding policy of pacifism based on historical religious 
        affiliation; or
            (3) the institution of higher education involved is 
        prohibited by the law of any State, or by the order of any 
        State court, from allowing Senior Reserve Officer Training 
        Corps activities or Federal military recruiting on campus, 
        except that this paragraph shall apply only during the one-year 
        period beginning on the effective date of this section.
          (d) Notice of Determinations.--Whenever the Secretary of 
Defense makes a determination under subsection (a), (b), or (c), the 
Secretary--
            (1) shall transmit a notice of the determination to the 
        Secretary of Education and to the Congress; and
            (2) shall publish in the Federal Register a notice of the 
        determination and the effect of the determination on the 
        eligibility of the covered educational entity for contracts and 
        grants.
          (e) Semiannual Notice in Federal Register.--The Secretary of 
Defense shall publish in the Federal Register once every 6 months a 
list of each covered educational entity that is currently ineligible 
for contracts and grants by reason of a determination of the Secretary 
under subsection (a) or (b).
          (f) Covered Educational Entity.--For purposes of this 
section, the term ``covered educational entity'' means an institution 
of higher education, or a subelement of an institution of higher 
education.
          (g) Effective Date.--This section shall take effect upon the 
expiration of the 180-day period beginning on the date of the enactment 
of this Act, by which date the Secretary of Defense shall have 
published final regulations in consultation with the Secretary of 
Education to carry out this section.
          Sec. 515. (a) Technical Amendment to Other ROTC and Military 
Recruiting Provisions.--Sections 508 and 509 of the Energy and Water 
Development Appropriations Act, 1997, are amended by striking ``when it 
is made known to the Federal official having authority to obligate or 
expend such funds'' each place it appears and inserting ``if the 
Secretary of Defense determines''.
          (b) Effective Date.--Sections 508 and 509 of the Energy and 
Water Development Appropriations Act, 1997, shall not take effect until 
the expiration of the 180-day period beginning on the date of the 
enactment of this Act, by which date the Secretary of Defense shall 
have published final regulations to carry out such sections (as amended 
by subsection (a)).
          Sec. 516. None of the funds made available in this Act may be 
obligated or expended to enter into or renew a contract with an entity 
when it is made known to the Federal official having authority to 
obligate or expend such funds that--
            (1) such entity is otherwise a contractor with the United 
        States and is subject to the requirement in section 4212(d) of 
        title 38, United States Code, regarding submission of an annual 
        report to the Secretary of Labor concerning employment of 
        certain veterans; and
            (2) such entity has not submitted a report as required by 
        that section for the most recent year for which such 
        requirement was applicable to such entity.
          Sec. 517. (a) Notwithstanding any provision of the Carl D. 
Perkins Vocational and Applied Technology Act (as such Act was in 
effect on September 24, 1990), a State shall be deemed to have met the 
requirements of section 503 of such Act with respect to decisions 
appealed by applications filed on April 30, 1993 and October 29, 1993 
under section 452(b) of the General Education Provisions Act.
          (b) Subsection (a) shall take effect on October 1, 1996.
          Sec. 518. None of the funds appropriated in this Act may be 
made available to any entity under title X of the Public Health Service 
Act unless it is made known to the Federal official having authority to 
obligate or expend such funds that the applicant for the award 
certifies to the Secretary that it encourages family participation in 
the decision of the minor to seek family planning services.
          Sec. 519. Of the budgetary resources available to agencies in 
this Act for salaries and expenses during fiscal year 1997, 
$30,500,000, to be allocated by the Office of Management and Budget, 
are permanently canceled: Provided, That the foregoing provision shall 
not apply to the Food and Drug Administration and the Indian Health 
Service: Provided further, That amounts available in this Act for 
congressional and legislative affairs, public affairs, and 
intergovernmental affairs activities are hereby reduced by $2,000,000.
          Sec. 520. Voluntary Separation Incentives for Employees of 
Certain Federal Agencies.--(a) Definitions.--For the purposes of this 
section--
            (1) the term ``agency'' means the Railroad Retirement Board 
        and the Office of Inspector General of the Railroad Retirement 
        Board;
            (2) the term ``employee'' means an employee (as defined by 
        section 2105 of title 5, United States Code) who is employed by 
        an agency, is serving under an appointment without time 
        limitation, and has been currently employed for a continuous 
        period of at least 3 years, but does not include--
                    (A) a reemployed annuitant under subchapter III of 
                chapter 83 or chapter 84 of title 5, United States 
                Code, or another retirement system for employees of the 
                agency;
                    (B) an employee having a disability on the basis of 
                which such employee is or would be eligible for 
                disability retirement under subchapter III of chapter 
                83 or chapter 84 of title 5, United States Code, or 
                another retirement system for employees of the agency;
                    (C) an employee who is in receipt of a specific 
                notice of involuntary separation for misconduct or 
                unacceptable performance;
                    (D) an employee who, upon completing an additional 
                period of service as referred to in section 
                3(b)(2)(B)(ii) of the Federal Workforce Restructuring 
                Act of 1994 (5 U.S.C. 5597 note), would qualify for a 
                voluntary separation incentive payment under section 3 
                of such Act;
                    (E) an employee who has previously received any 
                voluntary separation incentive payment by the Federal 
                Government under this section or any other authority 
                and has not repaid such payment;
                    (F) an employee covered by statutory reemployment 
                rights who is on transfer to another organization; or
                    (G) any employee who, during the twenty-four-month 
                period preceding the date of separation, has received a 
                recruitment or relocation bonus under section 5753 of 
                title 5, United States Code, or who, within the twelve-
                month period preceding the date of separation, received 
                a retention allowance under section 5754 of title 5, 
                United States Code.
          (b) Agency Strategic Plan.--
            (1) In general.--The three-member Railroad Retirement 
        Board, prior to obligating any resources for voluntary 
        separation incentive payments, shall submit to the House and 
        Senate Committees on Appropriations and the Committee on 
        Governmental Affairs of the Senate and the Committee on 
        Government Reform and Oversight of the House of Representatives 
        a strategic plan outlining the intended use of such incentive 
        payments and a proposed organizational chart for the agency 
        once such incentive payments have been completed.
            (2) Contents.--The agency's plan shall include--
                    (A) the positions and functions to be reduced or 
                eliminated, identified by organizational unit, 
                geographic location, occupational category and grade 
                level;
                    (B) the number and amounts of voluntary separation 
                incentive payments to be offered; and
                    (C) a description of how the agency will operate 
                without the eliminated positions and functions.
          (c) Authority To Provide Voluntary Separation Incentive 
Payments.--
            (1) In general.--A voluntary separation incentive payment 
        under this section may be paid by an agency to any employee 
        only to the extent necessary to eliminate the positions and 
        functions identified by the strategic plan.
            (2) Amount and treatment of payments.--A voluntary 
        separation incentive payment--
                    (A) shall be paid in a lump sum after the 
                employee's separation;
                    (B) shall be paid from appropriations or funds 
                available for the payment of the basic pay of the 
                employees;
                    (C) shall be equal to the lesser of--
                            (i) an amount equal to the amount the 
                        employee would be entitled to receive under 
                        section 5595(c) of title 5, United States Code; 
                        or
                            (ii) an amount determined by the agency 
                        head not to exceed $25,000;
                    (D) may not be made except in the case of any 
                qualifying employee who voluntarily separates (whether 
                by retirement or resignation) before September 30, 
                1997;
                    (E) shall not be a basis for payment, and shall not 
                be included in the computation, of any other type of 
                Government benefit; and
                    (F) shall not be taken into account in determining 
                the amount of any severance pay to which the employee 
                may be entitled under section 5595 of title 5, United 
                States Code, based on any other separation.
          (d) Additional Agency Contributions to the Retirement Fund.--
            (1) In general.--In addition to any other payments which it 
        is required to make under subchapter III of chapter 83 of title 
        5, United States Code, an agency shall remit to the Office of 
        Personnel Management for deposit in the Treasury of the United 
        States to the credit of the Civil Service Retirement and 
        Disability Fund an amount equal to 15 percent of the final 
        basic pay of each employee of the agency who is covered under 
        subchapter III of chapter 83 or chapter 84 of title 5, United 
        States Code, to whom a voluntary separation incentive has been 
        paid under this section.
            (2) Definition.--For the purpose of paragraph (1), the term 
        ``final basic pay'', with respect to an employee, means the 
        total amount of basic pay which would be payable for a year of 
        service by such employee, computed using the employee's final 
        rate of basic pay, and if last serving on other than a full-
time basis, with appropriate adjustment therefor.
          (e) Effect of Subsequent Employment With the Government.--An 
individual who has received a voluntary separation incentive payment 
under this section and accepts any employment for compensation with the 
Government of the United States, or who works for any agency of the 
United States Government through a personal services contract, within 5 
years after the date of the separation on which the payment is based 
shall be required to pay, prior to the individual's first day of 
employment, the entire amount of the incentive payment to the agency 
that paid the incentive payment.
          (f) Reduction of Agency Employment Levels.--
            (1) In general.--The total number of funded employee 
        positions in the agency shall be reduced by one position for 
        each vacancy created by the separation of any employee who has 
        received, or is due to receive, a voluntary separation 
        incentive payment under this section. For the purposes of this 
        subsection, positions shall be counted on a full-time-
        equivalent basis.
            (2) Enforcement.--The President, through the Office of 
        Management and Budget, shall monitor the agency and take any 
        action necessary to ensure that the requirements of this 
        subsection are met.
          (g) Effective Date.--This section shall take effect October 
1, 1996.
          Sec. 521. Correction of Effective Date.--Effective on the day 
after the date of enactment of the Health Centers Consolidation Act of 
1996, section 5 of that Act is amended by striking ``October 1, 1997'' 
and inserting ``October 1, 1996''.

TITLE VI--REORGANIZATION AND PRIVATIZATION OF SALLIE MAE AND CONNIE LEE

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Student Loan Marketing Association 
Reorganization Act of 1996''.

SEC. 602. REORGANIZATION OF THE STUDENT LOAN MARKETING ASSOCIATION 
              THROUGH THE FORMATION OF A HOLDING COMPANY.

    (a) Amendment.--Part B of title IV of the Higher Education Act of 
1965 (20 U.S.C. 1071 et seq.) is amended by inserting after section 439 
(20 U.S.C. 1087-2) the following new section:

``SEC. 440. REORGANIZATION OF THE STUDENT LOAN MARKETING ASSOCIATION 
              THROUGH THE FORMATION OF A HOLDING COMPANY.

    ``(a) Actions by the Association's Board of Directors.--The Board 
of Directors of the Association shall take or cause to be taken all 
such action as the Board of Directors deems necessary or appropriate to 
effect, upon the shareholder approval described in subsection (b), a 
restructuring of the common stock ownership of the Association, as set 
forth in a plan of reorganization adopted by the Board of Directors 
(the terms of which shall be consistent with this section) so that all 
of the outstanding common shares of the Association shall be directly 
owned by a Holding Company. Such actions may include, in the Board of 
Director's discretion, a merger of a wholly owned subsidiary of the 
Holding Company with and into the Association, which would have the 
effect provided in the plan of reorganization and the law of the 
jurisdiction in which such subsidiary is incorporated. As part of the 
restructuring, the Board of Directors may cause--
            ``(1) the common shares of the Association to be converted, 
        on the reorganization effective date, to common shares of the 
        Holding Company on a one for one basis, consistent with 
        applicable State or District of Columbia law; and
            ``(2) Holding Company common shares to be registered with 
        the Securities and Exchange Commission.
    ``(b) Shareholder Approval.--The plan of reorganization adopted by 
the Board of Directors pursuant to subsection (a) shall be submitted to 
common shareholders of the Association for their approval. The 
reorganization shall occur on the reorganization effective date, 
provided that the plan of reorganization has been approved by the 
affirmative votes, cast in person or by proxy, of the holders of a 
majority of the issued and outstanding shares of the Association common 
stock.
    ``(c) Transition.--In the event the shareholders of the Association 
approve the plan of reorganization under subsection (b), the following 
provisions shall apply beginning on the reorganization effective date:
            ``(1) In general.--Except as specifically provided in this 
        section, until the dissolution date the Association shall 
        continue to have all of the rights, privileges and obligations 
        set forth in, and shall be subject to all of the limitations 
        and restrictions of, section 439, and the Association shall 
        continue to carry out the purposes of such section. The Holding 
        Company and any subsidiary of the Holding Company (other than 
        the Association) shall not be entitled to any of the rights, 
        privileges, and obligations, and shall not be subject to the 
        limitations and restrictions, applicable to the Association 
        under section 439, except as specifically provided in this 
        section. The Holding Company and any subsidiary of the Holding 
        Company (other than the Association or a subsidiary of the 
        Association) shall not purchase loans insured under this Act 
        until such time as the Association ceases acquiring such loans, 
        except that the Holding Company may purchase such loans if the 
        Association is merely continuing to acquire loans as a lender 
        of last resort pursuant to section 439(q) or under an agreement 
        with the Secretary described in paragraph (6).
            ``(2) Transfer of certain property.--
                    ``(A) In general.--Except as provided in this 
                section, on the reorganization effective date or as 
                soon as practicable thereafter, the Association shall 
                use the Association's best efforts to transfer to the 
                Holding Company or any subsidiary of the Holding 
                Company (or both), as directed by the Holding Company, 
                all real and personal property of the Association (both 
                tangible and intangible) other than the remaining 
                property. Subject to the preceding sentence, such 
                transferred property shall include all right, title, 
                and interest in--
                            ``(i) direct or indirect subsidiaries of 
                        the Association (excluding special purpose 
                        funding companies in existence on the date of 
                        enactment of this section and any interest in 
                        any government-sponsored enterprise);
                            ``(ii) contracts, leases, and other 
                        agreements of the Association;
                            ``(iii) licenses and other intellectual 
                        property of the Association; and
                            ``(iv) any other property of the 
                        Association.
                    ``(B) Construction.--Nothing in this paragraph 
                shall be construed to prohibit the Association from 
                transferring remaining property from time to time to 
                the Holding Company or any subsidiary of the Holding 
                Company, subject to the provisions of paragraph (4).
            ``(3) Transfer of personnel.--On the reorganization 
        effective date, employees of the Association shall become 
        employees of the Holding Company (or any subsidiary of the 
        Holding Company), and the Holding Company (or any subsidiary of 
        the Holding Company) shall provide all necessary and 
        appropriate management and operational support (including loan 
        servicing) to the Association, as requested by the Association. 
        The Association, however, may obtain such management and 
        operational support from persons or entities not associated 
        with the Holding Company.
            ``(4) Dividends.--The Association may pay dividends in the 
        form of cash or noncash distributions so long as at the time of 
        the declaration of such dividends, after giving effect to the 
        payment of such dividends as of the date of such declaration by 
        the Board of Directors of the Association, the Association's 
        capital would be in compliance with the capital standards and 
        requirements set forth in section 439(r). If, at any time after 
        the reorganization effective date, the Association fails to 
        comply with such capital standards, the Holding Company shall 
        transfer with due diligence to the Association additional 
        capital in such amounts as are necessary to ensure that the 
        Association again complies with the capital standards.
            ``(5) Certification prior to dividend.--Prior to the 
        payment of any dividend under paragraph (4), the Association 
        shall certify to the Secretary of the Treasury that the payment 
        of the dividend will be made in compliance with paragraph (4) 
        and shall provide copies of all calculations needed to make 
        such certification.
            ``(6) Restrictions on new business activity or acquisition 
        of assets by association.--
                    ``(A) In general.--After the reorganization 
                effective date, the Association shall not engage in any 
                new business activities or acquire any additional 
                program assets described in section 439(d) other than 
                in connection with--
                            ``(i) student loan purchases through 
                        September 30, 2007;
                            ``(ii) contractual commitments for future 
                        warehousing advances, or pursuant to letters of 
                        credit or standby bond purchase agreements, 
                        which are outstanding as of the reorganization 
                        effective date;
                            ``(iii) the Association serving as a 
                        lender-of-last-resort pursuant to section 
                        439(q); and
                            ``(iv) the Association's purchase of loans 
                        insured under this part, if the Secretary, with 
                        the approval of the Secretary of the Treasury, 
                        enters into an agreement with the Association 
                        for the continuation or resumption of the 
                        Association's secondary market purchase program 
                        because the Secretary determines there is 
                        inadequate liquidity for loans made under this 
                        part.
                    ``(B) Agreement.--The Secretary is authorized to 
                enter into an agreement described in clause (iv) of 
                subparagraph (A) with the Association covering such 
                secondary market activities. Any agreement entered into 
                under such clause shall cover a period of 12 months, 
                but may be renewed if the Secretary determines that 
                liquidity remains inadequate. The fee provided under 
                section 439(h)(7) shall not apply to loans acquired 
                under any such agreement with the Secretary.
            ``(7) Issuance of debt obligations during the transition 
        period; attributes of debt obligations.--After the 
        reorganization effective date, the Association shall not issue 
        debt obligations which mature later than September 30, 2008, 
        except in connection with serving as a lender-of-last-resort 
        pursuant to section 439(q) or with purchasing loans under an 
        agreement with the Secretary as described in paragraph (6). 
        Nothing in this section shall modify the attributes accorded 
        the debt obligations of the Association by section 439, 
        regardless of whether such debt obligations are incurred prior 
        to, or at any time following, the reorganization effective date 
        or are transferred to a trust in accordance with subsection 
        (d).
            ``(8) Monitoring of safety and soundness.--
                    ``(A) Obligation to obtain, maintain, and report 
                information.--The Association shall obtain such 
                information and make and keep such records as the 
                Secretary of the Treasury may from time to time 
                prescribe concerning--
                            ``(i) the financial risk to the Association 
                        resulting from the activities of any associated 
                        person, to the extent such activities are 
                        reasonably likely to have a material impact on 
                        the financial condition of the Association, 
                        including the Association's capital ratio, the 
                        Association's liquidity, or the Association's 
                        ability to conduct and finance the 
                        Association's operations; and
                            ``(ii) the Association's policies, 
                        procedures, and systems for monitoring and 
                        controlling any such financial risk.
                    ``(B) Summary reports.--The Secretary of the 
                Treasury may require summary reports of the information 
                described in subparagraph (A) to be filed no more 
                frequently than quarterly. If, as a result of adverse 
                market conditions or based on reports provided pursuant 
                to this subparagraph or other available information, 
                the Secretary of the Treasury has concerns regarding 
                the financial or operational condition of the 
                Association, the Secretary of the Treasury may, 
                notwithstanding the preceding sentence and subparagraph 
                (A), require the Association to make reports concerning 
                the activities of any associated person whose business 
                activities are reasonably likely to have a material 
                impact on the financial or operational condition of the 
                Association.
                    ``(C) Separate operation of corporations.--
                            ``(i) In general.--The funds and assets of 
                        the Association shall at all times be 
                        maintained separately from the funds and assets 
                        of the Holding Company or any subsidiary of the 
                        Holding Company and may be used by the 
                        Association solely to carry out the 
                        Association's purposes and to fulfill the 
                        Association's obligations.
                            ``(ii) Books and records.--The Association 
                        shall maintain books and records that clearly 
                        reflect the assets and liabilities of the 
                        Association, separate from the assets and 
                        liabilities of the Holding Company or any 
                        subsidiary of the Holding Company.
                            ``(iii) Corporate office.--The Association 
                        shall maintain a corporate office that is 
                        physically separate from any office of the 
                        Holding Company or any subsidiary of the 
                        Holding Company.
                            ``(iv) Director.--No director of the 
                        Association who is appointed by the President 
                        pursuant to section 439(c)(1)(A) may serve as a 
                        director of the Holding Company.
                            ``(v) One officer requirement.--At least 
                        one officer of the Association shall be an 
                        officer solely of the Association.
                            ``(vi) Transactions.--Transactions between 
                        the Association and the Holding Company or any 
                        subsidiary of the Holding Company, including 
                        any loan servicing arrangements, shall be on 
                        terms no less favorable to the Association than 
                        the Association could obtain from an unrelated 
                        third party offering comparable services.
                            ``(vii) Credit prohibition.--The 
                        Association shall not extend credit to the 
                        Holding Company or any subsidiary of the 
                        Holding Company nor guarantee or provide any 
                        credit enhancement to any debt obligations of 
                        the Holding Company or any subsidiary of the 
                        Holding Company.
                            ``(viii) Amounts collected.--Any amounts 
                        collected on behalf of the Association by the 
                        Holding Company or any subsidiary of the 
                        Holding Company with respect to the assets of 
                        the Association, pursuant to a servicing 
                        contract or other arrangement between the 
                        Association and the Holding Company or any 
                        subsidiary of the Holding Company, shall be 
                        collected solely for the benefit of the 
                        Association and shall be immediately deposited 
                        by the Holding Company or such subsidiary to an 
                        account under the sole control of the 
                        Association.
                    ``(D) Encumbrance of assets.--Notwithstanding any 
                Federal or State law, rule, or regulation, or legal or 
                equitable principle, doctrine, or theory to the 
                contrary, under no circumstances shall the assets of 
                the Association be available or used to pay claims or 
                debts of or incurred by the Holding Company. Nothing in 
                this subparagraph shall be construed to limit the right 
                of the Association to pay dividends not otherwise 
                prohibited under this subparagraph or to limit any 
                liability of the Holding Company explicitly provided 
                for in this section.
                    ``(E) Holding company activities.--After the 
                reorganization effective date and prior to the 
                dissolution date, all business activities of the 
                Holding Company shall be conducted through subsidiaries 
                of the Holding Company.
                    ``(F) Confidentiality.--Any information provided by 
                the Association pursuant to this section shall be 
                subject to the same confidentiality obligations 
                contained in section 439(r)(12).
                    ``(G) Definition.--For purposes of this paragraph, 
                the term `associated person' means any person, other 
                than a natural person, who is directly or indirectly 
                controlling, controlled by, or under common control 
                with, the Association.
            ``(9) Issuance of stock warrants.--
                    ``(A) In general.--On the reorganization effective 
                date, the Holding Company shall issue to the District 
                of Columbia Financial Responsibility and Management 
                Assistance Authority a number of stock warrants that is 
                equal to one percent of the outstanding shares of the 
                Association, determined as of the last day of the 
                fiscal quarter preceding the date of enactment of this 
                section, with each stock warrant entitling the holder 
                of the stock warrant to purchase from the Holding 
                Company one share of the registered common stock of the 
                Holding Company or the Holding Company's successors or 
                assigns, at any time on or before September 30, 2008. 
                The exercise price for such warrants shall be an amount 
                equal to the average closing price of the common stock 
                of the Association for the 20 business days prior to 
                the date of enactment of this section on the exchange 
                or market which is then the primary exchange or market 
                for the common stock of the Association. The number of 
                shares of Holding Company common stock subject to each 
                stock warrant and the exercise price of each stock 
                warrant shall be adjusted as necessary to reflect--
                            ``(i) the conversion of Association common 
                        stock into Holding Company common stock as part 
                        of the plan of reorganization approved by the 
                        Association's shareholders; and
                            ``(ii) any issuance or sale of stock 
                        (including issuance or sale of treasury stock), 
                        stock split, recapitalization, reorganization, 
                        or other corporate event, if agreed to by the 
                        Secretary of the Treasury and the Association.
                    ``(B) Authority to sell or exercise stock warrants; 
                deposit of proceeds.--The District of Columbia 
                Financial Responsibility and Management Assistance 
                Authority is authorized to sell or exercise the stock 
                warrants described in subparagraph (A). The District of 
                Columbia Financial Responsibility and Management 
                Assistance Authority shall deposit into the account 
                established under section 3(e) of the Student Loan 
                Marketing Association Reorganization Act of 1996 
                amounts collected from the sale and proceeds resulting 
                from the exercise of the stock warrants pursuant to 
                this subparagraph.
            ``(10) Restrictions on transfer of association shares and 
        bankruptcy of association.--After the reorganization effective 
        date, the Holding Company shall not sell, pledge, or otherwise 
        transfer the outstanding shares of the Association, or agree to 
        or cause the liquidation of the Association or cause the 
        Association to file a petition for bankruptcy under title 11, 
        United States Code, without prior approval of the Secretary of 
        the Treasury and the Secretary of Education.
    ``(d) Termination of the Association.--In the event the 
shareholders of the Association approve a plan of reorganization under 
subsection (b), the Association shall dissolve, and the Association's 
separate existence shall terminate on September 30, 2008, after 
discharge of all outstanding debt obligations and liquidation pursuant 
to this subsection. The Association may dissolve pursuant to this 
subsection prior to such date by notifying the Secretary of Education 
and the Secretary of the Treasury of the Association's intention to 
dissolve, unless within 60 days after receipt of such notice the 
Secretary of Education notifies the Association that the Association 
continues to be needed to serve as a lender of last resort pursuant to 
section 439(q) or continues to be needed to purchase loans under an 
agreement with the Secretary described in subsection (c)(6). On the 
dissolution date, the Association shall take the following actions:
            ``(1) Establishment of a trust.--The Association shall, 
        under the terms of an irrevocable trust agreement that is in 
        form and substance satisfactory to the Secretary of the 
        Treasury, the Association and the appointed trustee, 
        irrevocably transfer all remaining obligations of the 
        Association to the trust and irrevocably deposit or cause to be 
        deposited into such trust, to be held as trust funds solely for 
        the benefit of holders of the remaining obligations, money or 
        direct noncallable obligations of the United States or any 
        agency thereof for which payment the full faith and credit of 
        the United States is pledged, maturing as to principal and 
        interest in such amounts and at such times as are determined by 
        the Secretary of the Treasury to be sufficient, without 
        consideration of any significant reinvestment of such interest, 
        to pay the principal of, and interest on, the remaining 
        obligations in accordance with their terms. To the extent the 
        Association cannot provide money or qualifying obligations in 
        the amount required, the Holding Company shall be required to 
        transfer money or qualifying obligations to the trust in the 
        amount necessary to prevent any deficiency.
            ``(2) Use of trust assets.--All money, obligations, or 
        financial assets deposited into the trust pursuant to this 
        subsection shall be applied by the trustee to the payment of 
        the remaining obligations assumed by the trust.
            ``(3) Obligations not transferred to the trust.--The 
        Association shall make proper provision for all other 
        obligations of the Association not transferred to the trust, 
        including the repurchase or redemption, or the making of proper 
        provision for the repurchase or redemption, of any preferred 
        stock of the Association outstanding. Any obligations of the 
        Association which cannot be fully satisfied shall become 
        liabilities of the Holding Company as of the date of 
        dissolution.
            ``(4) Transfer of remaining assets.--After compliance with 
        paragraphs (1) and (3), any remaining assets of the trust shall 
        be transferred to the Holding Company or any subsidiary of the 
        Holding Company, as directed by the Holding Company.
    ``(e) Operation of the Holding Company.--In the event the 
shareholders of the Association approve the plan of reorganization 
under subsection (b), the following provisions shall apply beginning on 
the reorganization effective date:
            ``(1) Holding company board of directors.--The number of 
        members and composition of the Board of Directors of the 
        Holding Company shall be determined as set forth in the Holding 
        Company's charter or like instrument (as amended from time to 
        time) or bylaws (as amended from time to time) and as permitted 
        under the laws of the jurisdiction of the Holding Company's 
        incorporation.
            ``(2) Holding company name.--The names of the Holding 
        Company and any subsidiary of the Holding Company (other than 
        the Association)--
                    ``(A) may not contain the name `Student Loan 
                Marketing Association'; and
                    ``(B) may contain, to the extent permitted by 
                applicable State or District of Columbia law, `Sallie 
                Mae' or variations thereof, or such other names as the 
                Board of Directors of the Association or the Holding 
                Company deems appropriate.
            ``(3) Use of sallie mae name.--Subject to paragraph (2), 
        the Association may assign to the Holding Company, or any 
        subsidiary of the Holding Company, the `Sallie Mae' name as a 
        trademark or service mark, except that neither the Holding 
        Company nor any subsidiary of the Holding Company (other than 
        the Association or any subsidiary of the Association) may use 
        the `Sallie Mae' name on, or to identify the issuer of, any 
        debt obligation or other security offered or sold by the 
        Holding Company or any subsidiary of the Holding Company (other 
        than a debt obligation or other security issued to and held by 
        the Holding Company or any subsidiary of the Holding Company). 
        The Association shall remit to the account established under 
        section 3(e) of the Student Loan Marketing Association 
        Reorganization Act of 1996, $5,000,000, within 60 days of the 
        reorganization effective date as compensation for the right to 
        assign the `Sallie Mae' name as a trademark or service mark.
            ``(4) Disclosure required.--Until 3 years after the 
        dissolution date, the Holding Company, and any subsidiary of 
        the Holding Company (other than the Association), shall 
        prominently display--
                    ``(A) in any document offering the Holding 
                Company's securities, a statement that the obligations 
                of the Holding Company and any subsidiary of the 
                Holding Company are not guaranteed by the full faith 
                and credit of the United States; and
                    ``(B) in any advertisement or promotional materials 
                which use the `Sallie Mae' name or mark, a statement 
                that neither the Holding Company nor any subsidiary of 
                the Holding Company is a government-sponsored 
                enterprise or instrumentality of the United States.
    ``(f) Strict Construction.--Except as specifically set forth in 
this section, nothing in this section shall be construed to limit the 
authority of the Association as a federally chartered corporation, or 
of the Holding Company as a State or District of Columbia chartered 
corporation.
    ``(g) Right To Enforce.--The Secretary of Education or the 
Secretary of the Treasury, as appropriate, may request that the 
Attorney General bring an action in the United States District Court 
for the District of Columbia for the enforcement of any provision of 
this section, or may, under the direction or control of the Attorney 
General, bring such an action. Such court shall have jurisdiction and 
power to order and require compliance with this section.
    ``(h) Deadline for Reorganization Effective Date.--This section 
shall be of no further force and effect in the event that the 
reorganization effective date does not occur on or before 18 months 
after the date of enactment of this section.
    ``(i) Definitions.--For purposes of this section:
            ``(1) Association.--The term `Association' means the 
        Student Loan Marketing Association.
            ``(2) Dissolution date.--The term `dissolution date' means 
        September 30, 2008, or such earlier date as the Secretary of 
        Education permits the transfer of remaining obligations in 
        accordance with subsection (d).
            ``(3) Holding company.--The term `Holding Company' means 
        the new business corporation established pursuant to this 
        section by the Association under the laws of any State of the 
        United States or the District of Columbia for the purposes of 
        the reorganization and restructuring described in subsection 
        (a).
            ``(4) Remaining obligations.--The term `remaining 
        obligations' means the debt obligations of the Association 
        outstanding as of the dissolution date.
            ``(5) Remaining property.--The term `remaining property' 
        means the following assets and liabilities of the Association 
        which are outstanding as of the reorganization effective date:
                    ``(A) Debt obligations issued by the Association.
                    ``(B) Contracts relating to interest rate, 
                currency, or commodity positions or protections.
                    ``(C) Investment securities owned by the 
                Association.
                    ``(D) Any instruments, assets, or agreements 
                described in section 439(d) (including, without 
                limitation, all student loans and agreements relating 
                to the purchase and sale of student loans, forward 
                purchase and lending commitments, warehousing advances, 
                academic facilities obligations, letters of credit, 
                standby bond purchase agreements, liquidity agreements, 
                and student loan revenue bonds or other loans).
                    ``(E) Except as specifically prohibited by this 
                section or section 439, any other nonmaterial assets or 
                liabilities of the Association which the Association's 
                Board of Directors determines to be necessary or 
                appropriate to the Association's operations.
            ``(6) Reorganization.--The term `reorganization' means the 
        restructuring event or events (including any merger event) 
        giving effect to the Holding Company structure described in 
        subsection (a).
            ``(7) Reorganization effective date.--The term 
        `reorganization effective date' means the effective date of the 
        reorganization as determined by the Board of Directors of the 
        Association, which shall not be earlier than the date that 
        shareholder approval is obtained pursuant to subsection (b) and 
        shall not be later than the date that is 18 months after the 
        date of enactment of this section.
            ``(8) Subsidiary.--The term `subsidiary' means one or more 
        direct or indirect subsidiaries.''.
    (b) Technical Amendments.--
            (1) Eligible lender.--
                    (A) Amendments to the higher education act.--
                            (i) Definition of eligible lender.--Section 
                        435(d)(1)(F) of the Higher Education Act of 
                        1965 (20 U.S.C. 1085(d)(1)(F)) is amended by 
                        inserting after ``Student Loan Marketing 
                        Association'' the following: ``or the Holding 
                        Company of the Student Loan Marketing 
                        Association, including any subsidiary of the 
                        Holding Company, created pursuant to section 
                        440,''.
                            (ii) Definition of eligible lender and 
                        federal consolidation loans.--Sections 
                        435(d)(1)(G) and 428C(a)(1)(A) of such Act (20 
                        U.S.C. 1085(d)(1)(G) and 1078-3(a)(1)(A)) are 
                        each amended by inserting after ``Student Loan 
                        Marketing Association'' the following: ``or the 
                        Holding Company of the Student Loan Marketing 
                        Association, including any subsidiary of the 
                        Holding Company, created pursuant to section 
                        440''.
                    (B) Effective date.--The amendments made by this 
                paragraph shall take effect on the reorganization 
                effective date as defined in section 440(h) of the 
                Higher Education Act of 1965 (as added by subsection 
                (a)).
            (2) Enforcement of safety and soundness requirements.--
        Section 439(r) of the Higher Education Act of 1965 (20 U.S.C. 
        1087-2(r)) is amended--
                    (A) in the first sentence of paragraph (12), by 
                inserting ``or the Association's associated persons'' 
                after ``by the Association'';
                    (B) by redesignating paragraph (13) as paragraph 
                (15); and
                    (C) by inserting after paragraph (12) the following 
                new paragraph:
            ``(13) Enforcement of safety and soundness requirements.--
        The Secretary of Education or the Secretary of the Treasury, as 
        appropriate, may request that the Attorney General bring an 
        action in the United States District Court for the District of 
        Columbia for the enforcement of any provision of this section, 
        or may, under the direction or control of the Attorney General, 
        bring such an action. Such court shall have jurisdiction and 
        power to order and require compliance with this section.''.
            (3) Financial safety and soundness.--Section 439(r) of the 
        Higher Education Act of 1965 (20 U.S.C. 1087-2(r)) is further 
        amended--
                    (A) in paragraph (1)--
                            (i) by striking ``and'' at the end of 
                        subparagraph (A);
                            (ii) by striking the period at the end of 
                        subparagraph (B) and inserting ``; and''; and
                            (iii) by adding at the end the following 
                        new subparagraph:
                    ``(C)(i) financial statements of the Association 
                within 45 days of the end of each fiscal quarter; and
                    ``(ii) reports setting forth the calculation of the 
                capital ratio of the Association within 45 days of the 
                end of each fiscal quarter.'';
                    (B) in paragraph (2)--
                            (i) by striking clauses (i) and (ii) of 
                        subparagraph (A) and inserting the following:
                    ``(i) appoint auditors or examiners to conduct 
                audits of the Association from time to time to 
                determine the condition of the Association for the 
                purpose of assessing the Association's financial safety 
                and soundness and to determine whether the requirements 
                of this section and section 440 are being met; and
                    ``(ii) obtain the services of such experts as the 
                Secretary of the Treasury determines necessary and 
                appropriate, as authorized by section 3109 of title 5, 
                United States Code, to assist in determining the 
                condition of the Association for the purpose of 
                assessing the Association's financial safety and 
                soundness, and to determine whether the requirements of 
                this section and section 440 are being met.''; and
                            (ii) by adding at the end the following new 
                        subparagraph:
            ``(D) Annual assessment.--
                    ``(i) In general.--For each fiscal year beginning 
                on or after October 1, 1996, the Secretary of the 
                Treasury may establish and collect from the Association 
                an assessment (or assessments) in amounts sufficient to 
                provide for reasonable costs and expenses of carrying 
                out the duties of the Secretary of the Treasury under 
                this section and section 440 during such fiscal year. 
                In no event may the total amount so assessed exceed, 
                for any fiscal year, $800,000, adjusted for each fiscal 
                year ending after September 30, 1997, by the ratio of 
                the Consumer Price Index for All Urban Consumers 
                (issued by the Bureau of Labor Statistics) for the 
                final month of the fiscal year preceding the fiscal 
                year for which the assessment is made to the Consumer 
                Price Index for All Urban Consumers for September 1997.
                    ``(ii) Deposit.--Amounts collected from assessments 
                under this subparagraph shall be deposited in an 
                account within the Treasury of the United States as 
                designated by the Secretary of the Treasury for that 
                purpose. The Secretary of the Treasury is authorized 
                and directed to pay out of any funds available in such 
                account the reasonable costs and expenses of carrying 
                out the duties of the Secretary of the Treasury under 
                this section and section 440. None of the funds 
                deposited into such account shall be available for any 
                purpose other than making payments for such costs and 
                expenses.''; and
                    (C) by inserting after paragraph (13) (as added by 
                paragraph (2)(C)) the following new paragraph:
            ``(14) Actions by secretary.--
                    ``(A) In general.--For any fiscal quarter ending 
                after January 1, 2000, the Association shall have a 
                capital ratio of at least 2.25 percent. The Secretary 
                of the Treasury may, whenever such capital ratio is not 
                met, take any one or more of the actions described in 
                paragraph (7), except that--
                            ``(i) the capital ratio to be restored 
                        pursuant to paragraph (7)(D) shall be 2.25 
                        percent; and
                            ``(ii) if the relevant capital ratio is in 
                        excess of or equal to 2 percent for such 
                        quarter, the Secretary of the Treasury shall 
                        defer taking any of the actions set forth in 
                        paragraph (7) until the next succeeding quarter 
                        and may then proceed with any such action only 
                        if the capital ratio of the Association remains 
                        below 2.25 percent.
                    ``(B) Applicability.--The provisions of paragraphs 
                (4), (5), (6), (8), (9), (10), and (11) shall be of no 
                further application to the Association for any period 
                after January 1, 2000.''.
            (4) Information required; dividends.--Section 439(r) of the 
        Higher Education Act of 1965 (20 U.S.C. 1087-2(r)) is further 
        amended--
                    (A) by adding at the end of paragraph (2) (as 
                amended in paragraph (3)(B)(ii)) the following new 
                subparagraph:
            ``(E) Obligation to obtain, maintain, and report 
        information.--
                    ``(i) In general.--The Association shall obtain 
                such information and make and keep such records as the 
                Secretary of the Treasury may from time to time 
                prescribe concerning--
                            ``(I) the financial risk to the Association 
                        resulting from the activities of any associated 
                        person, to the extent such activities are 
                        reasonably likely to have a material impact on 
                        the financial condition of the Association, 
                        including the Association's capital ratio, the 
                        Association's liquidity, or the Association's 
                        ability to conduct and finance the 
                        Association's operations; and
                            ``(II) the Association's policies, 
                        procedures, and systems for monitoring and 
                        controlling any such financial risk.
                    ``(ii) Summary reports.--The Secretary of the 
                Treasury may require summary reports of such 
                information to be filed no more frequently than 
                quarterly. If, as a result of adverse market conditions 
                or based on reports provided pursuant to this 
                subparagraph or other available information, the 
                Secretary of the Treasury has concerns regarding the 
                financial or operational condition of the Association, 
                the Secretary of the Treasury may, notwithstanding the 
                preceding sentence and clause (i), require the 
                Association to make reports concerning the activities 
                of any associated person, whose business activities are 
                reasonably likely to have a material impact on the 
                financial or operational condition of the Association.
                    ``(iii) Definition.--For purposes of this 
                subparagraph, the term `associated person' means any 
                person, other than a natural person, directly or 
                indirectly controlling, controlled by, or under common 
                control with the Association.''; and
                    (B) by adding at the end the following new 
                paragraphs:
            ``(16) Dividends.--The Association may pay dividends in the 
        form of cash or noncash distributions so long as at the time of 
        the declaration of such dividends, after giving effect to the 
        payment of such dividends as of the date of such declaration by 
        the Board of Directors of the Association, the Association's 
        capital would be in compliance with the capital standards set 
        forth in this section.
            ``(17) Certification prior to payment of dividend.--Prior 
        to the payment of any dividend under paragraph (16), the 
        Association shall certify to the Secretary of the Treasury that 
        the payment of the dividend will be made in compliance with 
        paragraph (16) and shall provide copies of all calculations 
        needed to make such certification.''.
    (c) Sunset of the Association's Charter if No Reorganization Plan 
Occurs.--Section 439 of the Higher Education Act of 1965 (20 U.S.C. 
1087-2) is amended by adding at the end the following new subsection:
    ``(s) Charter Sunset.--
            ``(1) Application of provisions.--This subsection applies 
        beginning 18 months and one day after the date of enactment of 
        this subsection if no reorganization of the Association occurs 
        in accordance with the provisions of section 440.
            ``(2) Sunset plan.--
                    ``(A) Plan submission by the association.--Not 
                later than July 1, 2007, the Association shall submit 
                to the Secretary of the Treasury and to the Chairman 
                and Ranking Member of the Committee on Labor and Human 
                Resources of the Senate and the Chairman and Ranking 
                Member of the Committee on Economic and Educational 
                Opportunities of the House of Representatives, a 
                detailed plan for the orderly winding up, by July 1, 
                2013, of business activities conducted pursuant to the 
                charter set forth in this section. Such plan shall--
                            ``(i) ensure that the Association will have 
                        adequate assets to transfer to a trust, as 
                        provided in this subsection, to ensure full 
                        payment of remaining obligations of the 
                        Association in accordance with the terms of 
                        such obligations;
                            ``(ii) provide that all assets not used to 
                        pay liabilities shall be distributed to 
                        shareholders as provided in this subsection; 
                        and
                            ``(iii) provide that the operations of the 
                        Association shall remain separate and distinct 
                        from that of any entity to which the assets of 
                        the Association are transferred.
                    ``(B) Amendment of the plan by the association.--
                The Association shall from time to time amend such plan 
                to reflect changed circumstances, and submit such 
                amendments to the Secretary of the Treasury and to the 
                Chairman and Ranking Minority Member of the Committee 
                on Labor and Human Resources of the Senate and Chairman 
                and Ranking Minority Member of the Committee on 
                Economic and Educational Opportunities of the House of 
                Representatives. In no case may any amendment extend 
                the date for full implementation of the plan beyond the 
                dissolution date provided in paragraph (3).
                    ``(C) Plan monitoring.--The Secretary of the 
                Treasury shall monitor the Association's compliance 
                with the plan and shall continue to review the plan 
                (including any amendments thereto).
                    ``(D) Amendment of the plan by the secretary of the 
                treasury.--The Secretary of the Treasury may require 
                the Association to amend the plan (including any 
                amendments to the plan), if the Secretary of the 
                Treasury deems such amendments necessary to ensure full 
                payment of all obligations of the Association.
                    ``(E) Implementation by the association.--The 
                Association shall promptly implement the plan 
                (including any amendments to the plan, whether such 
                amendments are made by the Association or are required 
                to be made by the Secretary of the Treasury).
            ``(3) Dissolution of the association.--The Association 
        shall dissolve and the Association's separate existence shall 
        terminate on July 1, 2013, after discharge of all outstanding 
        debt obligations and liquidation pursuant to this subsection. 
        The Association may dissolve pursuant to this subsection prior 
        to such date by notifying the Secretary of Education and the 
        Secretary of the Treasury of the Association's intention to 
        dissolve, unless within 60 days of receipt of such notice the 
        Secretary of Education notifies the Association that the 
        Association continues to be needed to serve as a lender of last 
        resort pursuant to subsection (q) or continues to be needed to 
        purchase loans under an agreement with the Secretary described 
        in paragraph (4)(A). On the dissolution date, the Association 
        shall take the following actions:
                    ``(A) Establishment of a trust.--The Association 
                shall, under the terms of an irrevocable trust 
                agreement in form and substance satisfactory to the 
                Secretary of the Treasury, the Association, and the 
                appointed trustee, irrevocably transfer all remaining 
                obligations of the Association to a trust and 
                irrevocably deposit or cause to be deposited into such 
                trust, to be held as trust funds solely for the benefit 
                of holders of the remaining obligations, money or 
                direct noncallable obligations of the United States or 
                any agency thereof for which payment the full faith and 
                credit of the United States is pledged, maturing as to 
                principal and interest in such amounts and at such 
                times as are determined by the Secretary of the 
                Treasury to be sufficient, without consideration of any 
                significant reinvestment of such interest, to pay the 
                principal of, and interest on, the remaining 
                obligations in accordance with their terms.
                    ``(B) Use of trust assets.--All money, obligations, 
                or financial assets deposited into the trust pursuant 
                to this subsection shall be applied by the trustee to 
                the payment of the remaining obligations assumed by the 
                trust. Upon the fulfillment of the trustee's duties 
                under the trust, any remaining assets of the trust 
                shall be transferred to the persons who, at the time of 
                the dissolution, were the shareholders of the 
                Association, or to the legal successors or assigns of 
                such persons.
                    ``(C) Obligations not transferred to the trust.--
                The Association shall make proper provision for all 
                other obligations of the Association, including the 
                repurchase or redemption, or the making of proper 
                provision for the repurchase or redemption, of any 
                preferred stock of the Association outstanding.
                    ``(D) Transfer of remaining assets.--After 
                compliance with subparagraphs (A) and (C), the 
                Association shall transfer to the shareholders of the 
                Association any remaining assets of the Association.
            ``(4) Restrictions relating to winding up.--
                    ``(A) Restrictions on new business activity or 
                acquisition of assets by the association.--
                            ``(i) In general.--Beginning on July 1, 
                        2009, the Association shall not engage in any 
                        new business activities or acquire any 
                        additional program assets (including acquiring 
                        assets pursuant to contractual commitments) 
                        described in subsection (d) other than in 
                        connection with the Association--
                                    ``(I) serving as a lender of last 
                                resort pursuant to subsection (q); and
                                    ``(II) purchasing loans insured 
                                under this part, if the Secretary, with 
                                the approval of the Secretary of the 
                                Treasury, enters into an agreement with 
                                the Association for the continuation or 
                                resumption of the Association's 
                                secondary market purchase program 
                                because the Secretary determines there 
                                is inadequate liquidity for loans made 
                                under this part.
                            ``(ii) Agreement.--The Secretary is 
                        authorized to enter into an agreement described 
                        in subclause (II) of clause (i) with the 
                        Association covering such secondary market 
                        activities. Any agreement entered into under 
                        such subclause shall cover a period of 12 
                        months, but may be renewed if the Secretary 
                        determines that liquidity remains inadequate. 
                        The fee provided under subsection (h)(7) shall 
                        not apply to loans acquired under any such 
                        agreement with the Secretary.
                    ``(B) Issuance of debt obligations during the wind 
                up period; attributes of debt obligations.--The 
                Association shall not issue debt obligations which 
                mature later than July 1, 2013, except in connection 
                with serving as a lender of last resort pursuant to 
                subsection (q) or with purchasing loans under an 
                agreement with the Secretary as described in 
                subparagraph (A). Nothing in this subsection shall 
                modify the attributes accorded the debt obligations of 
                the Association by this section, regardless of whether 
                such debt obligations are transferred to a trust in 
                accordance with paragraph (3).
                    ``(C) Use of association name.--The Association may 
                not transfer or permit the use of the name `Student 
                Loan Marketing Association', `Sallie Mae', or any 
                variation thereof, to or by any entity other than a 
                subsidiary of the Association.''.
    (d) Repeals.--
            (1) In general.--Sections 439 of the Higher Education Act 
        of 1965 (20 U.S.C. 1087-2) and 440 of such Act (as added by 
        subsection (a) of this section) are repealed.
            (2) Effective date.--The repeals made by paragraph (1) 
        shall be effective one year after--
                    (A) the date on which all of the obligations of the 
                trust established under section 440(d)(1) of the Higher 
                Education Act of 1965 (as added by subsection (a)) have 
                been extinguished, if a reorganization occurs in 
                accordance with section 440 of such Act; or
                    (B) the date on which all of the obligations of the 
                trust established under subsection 439(s)(3)(A) of such 
                Act (as added by subsection (c)) have been 
                extinguished, if a reorganization does not occur in 
                accordance with section 440 of such Act.
    (e) Association Names.--Upon dissolution in accordance with section 
439(s) of the Higher Education Act of 1965 (20 U.S.C. 1087-2), the 
names ``Student Loan Marketing Association'', ``Sallie Mae'', and any 
variations thereof may not be used by any entity engaged in any 
business similar to the business conducted pursuant to section 439 of 
such Act (as such section was in effect on the date of enactment of 
this Act) without the approval of the Secretary of the Treasury.
    (f) Right to Enforce.--The Secretary of Education or the Secretary 
of the Treasury, as appropriate, may request that the Attorney General 
bring an action in the United States District Court for the District of 
Columbia for the enforcement of any provision of subsection (e), or 
may, under the direction or control of the Attorney General, bring such 
an action. Such court shall have jurisdiction and power to order and 
require compliance with subsection (e).

SEC. 603. CONNIE LEE PRIVATIZATION.

    (a) Status of the Corporation and Corporate Powers; Obligations Not 
Federally Guaranteed.--
            (1) Status of the corporation.--The Corporation shall not 
        be an agency, instrumentality, or establishment of the United 
        States Government, nor a Government corporation, nor a 
        Government controlled corporation, as such terms are defined in 
        section 103 of title 5, United States Code. No action under 
        section 1491 of title 28, United States Code (commonly known as 
        the Tucker Act) shall be allowable against the United States 
        based on the actions of the Corporation.
            (2) Corporate powers.--The Corporation shall be subject to 
        the provisions of this section, and, to the extent not 
        inconsistent with this section, to the District of Columbia 
        Business Corporation Act (or the comparable law of another 
        State, if applicable). The Corporation shall have the powers 
        conferred upon a corporation by the District of Columbia 
        Business Corporation Act (or such other applicable State law) 
        as from time to time in effect in order to conduct the 
        Corporation's affairs as a private, for-profit corporation and 
        to carry out the Corporation's purposes and activities 
        incidental thereto. The Corporation shall have the power to 
        enter into contracts, to execute instruments, to incur 
        liabilities, to provide products and services, and to do all 
        things as are necessary or incidental to the proper management 
        of the Corporation's affairs and the efficient operation of a 
        private, for-profit business.
            (3) Limitation on ownership of stock.--
                    (A) Student loan marketing association.--The 
                Student Loan Marketing Association shall not increase 
                its share of the ownership of the Corporation in excess 
                of 42 percent of the shares of stock of the Corporation 
                outstanding on the date of enactment of this Act. The 
                Student Loan Marketing Association shall not control 
                the operation of the Corporation, except that the 
                Student Loan Marketing Association may participate in 
                the election of directors as a shareholder, and may 
                continue to exercise the Student Loan Marketing 
                Association's right to appoint directors under section 
                754 of the Higher Education Act of 1965 (20 U.S.C. 
                1132f-3) as long as that section is in effect.
                    (B) Prohibition.--Until such time as the Secretary 
                of the Treasury sells the stock of the Corporation 
                owned by the Secretary of Education pursuant to 
                subsection (c), the Student Loan Marketing Association 
                shall not provide financial support or guarantees to 
                the Corporation.
                    (C) Financial support or guarantees.--After the 
                Secretary of the Treasury sells the stock of the 
                Corporation owned by the Secretary of Education 
                pursuant to subsection (c), the Student Loan Marketing 
                Association may provide financial support or guarantees 
                to the Corporation, if such support or guarantees are 
                subject to terms and conditions that are no more 
                advantageous to the Corporation than the terms and 
                conditions the Student Loan Marketing Association 
                provides to other entities, including, where 
                applicable, other monoline financial guaranty 
                corporations in which the Student Loan Marketing 
                Association has no ownership interest.
            (4) No federal guarantee.--
                    (A) Obligations insured by the corporation.--
                            (i) Full faith and credit of the united 
                        states.--No obligation that is insured, 
                        guaranteed, or otherwise backed by the 
                        Corporation shall be deemed to be an obligation 
                        that is guaranteed by the full faith and credit 
                        of the United States.
                            (ii) Student loan marketing association.--
                        No obligation that is insured, guaranteed, or 
                        otherwise backed by the Corporation shall be 
                        deemed to be an obligation that is guaranteed 
                        by the Student Loan Marketing Association.
                            (iii) Special rule.--This paragraph shall 
                        not affect the determination of whether such 
                        obligation is guaranteed for purposes of 
                        Federal income taxes.
                    (B) Securities offered by the corporation.--No debt 
                or equity securities of the Corporation shall be deemed 
                to be guaranteed by the full faith and credit of the 
                United States.
            (5) Definition.--The term ``Corporation'' as used in this 
        section means the College Construction Loan Insurance 
        Association as in existence on the day before the date of 
        enactment of this Act, and any successor corporation.
    (b) Related Privatization Requirements.--
            (1) Notice requirements.--
                    (A) In general.--During the six-year period 
                following the date of enactment of this Act, the 
                Corporation shall include, in each of the Corporation's 
                contracts for the insurance, guarantee, or reinsurance 
                of obligations, and in each document offering debt or 
                equity securities of the Corporation, a prominent 
                statement providing notice that--
                            (i) such obligations or such securities, as 
                        the case may be, are not obligations of the 
                        United States, nor are such obligations or such 
                        securities, as the case may be, guaranteed in 
                        any way by the full faith and credit of the 
                        United States; and
                            (ii) the Corporation is not an 
                        instrumentality of the United States.
                    (B) Additional notice.--During the five-year period 
                following the sale of stock pursuant to subsection 
                (c)(1), in addition to the notice requirements in 
                subparagraph (A), the Corporation shall include, in 
                each of the contracts and documents referred to in such 
                subparagraph, a prominent statement providing notice 
                that the United States is not an investor in the 
                Corporation.
            (2) Corporate charter.--The Corporation's charter shall be 
        amended as necessary and without delay to conform to the 
        requirements of this section.
            (3) Corporate name.--The name of the Corporation, or of any 
        direct or indirect subsidiary thereof, may not contain the term 
        ``College Construction Loan Insurance Association'', or any 
        substantially similar variation thereof.
            (4) Articles of incorporation.--The Corporation shall amend 
        the Corporation's articles of incorporation without delay to 
        reflect that one of the purposes of the Corporation shall be to 
        guarantee, insure, and reinsure bonds, leases, and other 
        evidences of debt of educational institutions, including 
        Historically Black Colleges and Universities and other academic 
        institutions which are ranked in the lower investment grade 
        category using a nationally recognized credit rating system.
            (5) Requirements until stock sale.--Notwithstanding 
        subsection (d), the requirements of sections 754 and 760 of the 
        Higher Education Act of 1965 (20 U.S.C. 1132f-3 and 1132f-9), 
        as such sections were in effect on the day before the date of 
        enactment of this Act, shall continue to be effective until the 
        day immediately following the date of closing of the purchase 
        of the Secretary of Education's stock (or the date of closing 
        of the final purchase, in the case of multiple transactions) 
        pursuant to subsection (c)(1) of this Act.
    (c) Sale of Federally Owned Stock.--
            (1) Purchase by the corporation.--The Secretary of the 
        Treasury shall sell and the Corporation shall purchase, within 
        90 days after the date of enactment of this Act, the stock of 
        the Corporation held by the Secretary of Education at a price 
        determined by the binding, independent appraisal of a 
        nationally recognized financial firm, except that the 90-day 
        period may be extended by mutual agreement of the Secretary of 
        the Treasury and the Corporation to not more than 150 days 
        after the date of enactment of this Act. The appraiser shall be 
        jointly selected by the Secretary of the Treasury and the 
        Corporation. In the event that the Secretary of the Treasury 
        and the Corporation cannot agree on the appraiser, then the 
        Secretary of the Treasury and the Corporation shall name an 
        independent third party to select the appraiser.
            (2) Reimbursement of costs and expenses of sale.--The 
        Secretary of the Treasury shall be reimbursed from the proceeds 
        of the sale of the stock under this subsection for all 
        reasonable costs and expenses related to such sale, except that 
        one-half of all reasonable costs and expenses relating to the 
        independent appraisal under paragraph (1) shall be borne by the 
        Corporation.
            (3) Deposit into account.--Amounts collected from the sale 
        of stock pursuant to this subsection that are not used to 
        reimburse the Secretary of the Treasury pursuant to paragraph 
        (2) shall be deposited into the account established under 
        subsection (e).
            (4) Assistance by the corporation.--The Corporation shall 
        provide such assistance as the Secretary of the Treasury and 
        the Secretary of Education may require to facilitate the sale 
        of the stock under this subsection.
            (5) Report to congress.--Not later than 6 months after the 
        date of enactment of this Act, the Secretary of the Treasury 
        shall report to the appropriate committees of Congress on the 
        completion and terms of the sale of stock of the Corporation 
        pursuant to this subsection.
          (d) Repeal of Statutory Restrictions and Related 
Provisions.--Part D of title VII of the Higher Education Act of 1965 
(20 U.S.C. 1132f et seq.) is repealed.
          (e) Establishment of Account.--
            (1) In general.--Notwithstanding any other provision of 
        law, the District of Columbia Financial Responsibility and 
        Management Assistance Authority shall establish an account to 
        receive--
                    (A) amounts collected from the sale and proceeds 
                resulting from the exercise of stock warrants pursuant 
                to section 440(c)(9) of the Higher Education Act of 
                1965;
                    (B) amounts and proceeds remitted as compensation 
                for the right to assign the ``Sallie Mae'' name as a 
                trademark or service mark pursuant to section 440(e)(3) 
                of the Higher Education Act of 1965; and
                    (C) amounts and proceeds collected from the sale of 
                the stock of the Corporation and deposited pursuant to 
                subsection (c)(3).
            (2) Amounts and Proceeds.--
                    (A) Amounts and proceeds relating to sallie mae.--
                The amounts and proceeds described in subparagraphs (A) 
                and (B) of paragraph (1) shall be used to finance 
                public elementary and secondary school facility 
                construction and repair within the District of Columbia 
                or to carry out the District of Columbia School Reform 
                Act of 1995.
                    (B) Amounts and proceeds relating to connie lee.--
                The amounts and proceeds described in subparagraph (C) 
                of paragraph (1) shall be used to finance public 
                elementary and secondary school facility construction 
                and repair within the District of Columbia.

SEC. 604. DISCRIMINATION IN SECONDARY MARKETS PROHIBITED.

          Part B of title IV of the Higher Education Act of 1965 (20 
U.S.C. 1071 et seq.) is amended by adding after section 440 (as added 
by section 602) the following new section:

``SEC. 440A. DISCRIMINATION IN SECONDARY MARKETS PROHIBITED.

          ``The Student Loan Marketing Association (and, if the 
Association is privatized under section 440, any successor entity 
functioning as a secondary market for loans under this part, including 
the Holding Company described in such section) shall not engage 
directly or indirectly in any pattern or practice that results in a 
denial of a borrower's access to loans under this part because of the 
borrower's race, sex, color, religion, national origin, age, disability 
status, income, attendance at a particular eligible institution, length 
of the borrower's educational program, or the borrower's academic year 
at an eligible institution.''.

           TITLE VII--MUSEUM AND LIBRARY SERVICES ACT OF 1996

SECTION 701. SHORT TITLE.

          This title may be cited as the ``Museum and Library Services 
Act of 1996''.

SEC. 702. MUSEUM AND LIBRARY SERVICES.

          The Museum Services Act (20 U.S.C. 961 et seq.) is amended to 
read as follows:

                ``TITLE II--MUSEUM AND LIBRARY SERVICES

                    ``Subtitle A--General Provisions

``SEC. 201. SHORT TITLE.

          ``This title may be cited as the `Museum and Library Services 
Act'.

``SEC. 202. GENERAL DEFINITIONS.

          ``As used in this title:
            ``(1) Commission.--The term `Commission' means the National 
        Commission on Libraries and Information Science established 
        under section 3 of the National Commission on Libraries and 
        Information Sciences Act (20 U.S.C. 1502).
            ``(2) Director.--The term `Director' means the Director of 
        the Institute appointed under section 204.
            ``(3) Institute.--The term `Institute' means the Institute 
        of Museum and Library Services established under section 203.
            ``(4) Museum board.--The term `Museum Board' means the 
        National Museum Services Board established under section 275.

``SEC. 203. INSTITUTE OF MUSEUM AND LIBRARY SERVICES.

          ``(a) Establishment.--There is established, within the 
National Foundation on the Arts and the Humanities, an Institute of 
Museum and Library Services.
          ``(b) Offices.--The Institute shall consist of an Office of 
Museum Services and an Office of Library Services. There shall be a 
National Museum Services Board in the Office of Museum Services.

``SEC. 204. DIRECTOR OF THE INSTITUTE.

          ``(a) Appointment.--
            ``(1) In general.--The Institute shall be headed by a 
        Director, appointed by the President, by and with the advice 
        and consent of the Senate.
            ``(2) Term.--The Director shall serve for a term of 4 
        years.
            ``(3) Qualifications.--Beginning with the first individual 
        appointed to the position of Director after the date of 
        enactment of the Museum and Library Services Act of 1996, every 
        second individual so appointed shall be appointed from among 
        individuals who have special competence with regard to library 
        and information services. Beginning with the second individual 
        appointed to the position of Director after the date of 
        enactment of the Museum and Library Services Act of 1996, every 
        second individual so appointed shall be appointed from among 
        individuals who have special competence with regard to museum 
        services.
          ``(b) Compensation.--The Director may be compensated at the 
rate provided for level III of the Executive Schedule under section 
5314 of title 5, United States Code.
          ``(c) Duties and Powers.--The Director shall perform such 
duties and exercise such powers as may be prescribed by law, including 
awarding financial assistance for activities described in this title.
          ``(d) Nondelegation.--The Director shall not delegate any of 
the functions of the Director to any person who is not an officer or 
employee of the Institute.
          ``(e) Coordination.--The Director shall ensure coordination 
of the policies and activities of the Institute with the policies and 
activities of other agencies and offices of the Federal Government 
having interest in and responsibilities for the improvement of museums 
and libraries and information services.

``SEC. 205. DEPUTY DIRECTORS.

          ``The Office of Library Services shall be headed by a Deputy 
Director, who shall be appointed by the Director from among individuals 
who have a graduate degree in library science and expertise in library 
and information services. The Office of Museum Services shall be headed 
by a Deputy Director, who shall be appointed by the Director from among 
individuals who have expertise in museum services.

``SEC. 206. PERSONNEL.

          ``(a) In General.--The Director may, in accordance with 
applicable provisions of title 5, United States Code, appoint and 
determine the compensation of such employees as the Director determines 
to be necessary to carry out the duties of the Institute.
          ``(b) Voluntary Services.--The Director may accept and 
utilize the voluntary services of individuals and reimburse the 
individuals for travel expenses, including per diem in lieu of 
subsistence, in the same amounts and to the same extent as authorized 
under section 5703 of title 5, United States Code, for persons employed 
intermittently in Federal Government service.

``SEC. 207. CONTRIBUTIONS.

          ``The Institute is authorized to solicit, accept, receive, 
and invest in the name of the United States, gifts, bequests, or 
devises of money and other property or services and to use such 
property of services in furtherance of the functions of the Institute. 
Any proceeds from such gifts, bequests, or devises, after acceptance by 
the Institute, shall be paid by the donor or the representative of the 
donor to the Director. The Director shall enter the proceeds in a 
special-interest bearing account to the credit of the Institute for the 
purposes specified in each case.

             ``Subtitle B--Library Services and Technology

``SEC. 211. SHORT TITLE.

          ``This subtitle may be cited as the `Library Services and 
Technology Act'.

``SEC. 212. PURPOSE.

          ``It is the purpose of this subtitle--
            ``(1) to consolidate Federal library service programs;
            ``(2) to stimulate excellence and promote access to 
        learning and information resources in all types of libraries 
        for individuals of all ages;
            ``(3) to promote library services that provide all users 
        access to information through State, regional, national and 
        international electronic networks;
                    ``(4) to provide linkages among and between 
                libraries; and
            ``(5) to promote targeted library services to people of 
        diverse geographic, cultural, and socioeconomic backgrounds, to 
        individuals with disabilities, and to people with limited 
        functional literacy or information skills.

SEC. 213. DEFINITIONS.

          ``As used in this subtitle:
            ``(1) Indian tribe.--The term `Indian tribe' means any 
        tribe, band, nation, or other organized group or community, 
        including any Alaska native village, regional corporation, or 
        village corporation, as defined in or established pursuant to 
        the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
        seq.), which is recognized by the Secretary of the Interior as 
        eligible for the special programs and services provided by the 
        United States to Indians because of their status as Indians.
            ``(2) Library.--The term `library' includes--
                    ``(A) a public library;
                    ``(B) a public elementary school or secondary 
                school library;
                    ``(C) an academic library;
                    ``(D) a research library, which for the purposes of 
                this subtitle means a library that--
                            ``(i) makes publicly available library 
                        services and materials suitable for scholarly 
                        research and not otherwise available to the 
                        public; and
                            ``(ii) is not an integral part of an 
                        institution of higher education; and
                    ``(E) a private library, but only if the State in 
                which such private library is located determines that 
                the library should be considered a library for purposes 
                of this subtitle.
            ``(3) Library consortium.--The term `library consortium' 
        means any local, statewide, regional, interstate, or 
        international cooperative association of library entities which 
        provides for the systematic and effective coordination of the 
        resources of school, public, academic, and special libraries 
        and information centers, for improved services for the 
        clientele of such library entities.
            ``(4) State.--The term `State', unless otherwise specified, 
        includes each of the 50 States of the United States, the 
        District of Columbia, the Commonwealth of Puerto Rico, the 
        United States Virgin Islands, Guam, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, the Republic of 
        the Marshall Islands, the Federated States of Micronesia, and 
        the Republic of Palau.
            ``(5) State library administrative agency.--The term `State 
        library administrative agency' means the official agency of a 
        State charged by the law of the State with the extension and 
        development of public library services throughout the State.
            ``(6) State plan.--The term `State plan' means the document 
        which gives assurances that the officially designated State 
        library administrative agency has the fiscal and legal 
        authority and capability to administer all aspects of this 
        subtitle, provides assurances for establishing the State's 
        policies, priorities, criteria, and procedures necessary to the 
        implementation of all programs under this subtitle, submits 
        copies for approval as required by regulations promulgated by 
        the Director, identifies a State's library needs, and sets 
        forth the activities to be taken toward meeting the identified 
        needs supported with the assistance of Federal funds made 
        available under this subtitle.

``SEC. 214. AUTHORIZATION OF APPROPRIATIONS.

          ``(a) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        $150,000,000 for fiscal year 1997 and such sums as may be 
        necessary for each of the fiscal years 1998 through 2002 to 
        carry out this subtitle.
            ``(2) Transfer.--The Secretary of Education shall--
                    ``(A) transfer promptly to the Director any funds 
                appropriated under the authority of paragraph (1), to 
                enable the Director to carry out this subtitle; and
                    ``(B) not exercise any authority concerning the 
                administration of this title other than the transfer 
                described in subparagraph (A).
          ``(b) Forward Funding.--
            ``(1) In general.--To the end of affording the responsible 
        Federal, State, and local officers adequate notice of available 
        Federal financial assistance for carrying out ongoing library 
        activities and projects, appropriations for grants contracts, 
        or other payments under any program under this subtitle are 
        authorized to be included in the appropriations Act for the 
        fiscal year preceding the fiscal year during which such 
        activities and projects shall be carried out.
            ``(2) Additional authorization of appropriations.--In order 
        to effect a transition to the timing of appropriation action 
        authorized by subsection (a), the application of this section 
        may result in the enactment, in a fiscal year, of separate 
        appropriations for a program under this subtitle (whether in 
        the same appropriations Act or otherwise) for two consecutive 
        fiscal years.
          ``(c) Administration.--Not more than 3 percent of the funds 
appropriated under this section for a fiscal year may be used to pay 
for the Federal administrative costs of carrying out this subtitle.

                ``CHAPTER 1--BASIC PROGRAM REQUIREMENTS

``SEC. 221. RESERVATIONS AND ALLOTMENTS.

          ``(a) Reservations.--
            ``(1) In general.--From the amount appropriated under the 
        authority of section 214 for any fiscal year, the Director--
                    ``(A) shall reserve 1\1/2\ percent to award grants 
                in accordance with section 261; and
                    ``(B) shall reserve 4 percent to award national 
                leadership grants or contracts in accordance with 
                section 262.
            ``(2) Special rule.--If the funds reserved pursuant to 
        paragraph (1)(B) for a fiscal year have not been obligated by 
        the end of such fiscal year, then such funds shall be allotted 
        in accordance with subsection (b) for the fiscal year 
        succeeding the fiscal year for which the funds were so 
        reserved.
          ``(b) Allotments.--
            ``(1) In general.--From the sums appropriated under the 
        authority of section 214 and not reserved under subsection (a) 
        for any fiscal year, the Director shall award grants from 
        minimum allotments, as determined under paragraph (3), to each 
        State. Any sums remaining after minimum allotments are made for 
        such year shall be allotted in the manner set forth in 
        paragraph (2).
            ``(2) Remainder.--From the remainder of any sums 
        appropriated under the authority of section 214 that are not 
        reserved under subsection (a) and not allotted under paragraph 
        (1) for any fiscal year, the Director shall award grants to 
        each State in an amount that bears the same relation to such 
        remainder as the population of the State bears to the 
        population of all States.
            ``(3) Minimum allotment.--
                    ``(A) In general.--For the purposes of this 
                subsection, the minimum allotment for each State shall 
                be $340,000, except that the minimum allotment shall be 
                $40,000 in the case of the United States Virgin 
                Islands, Guam, American Samoa, the Commonwealth of the 
                Northern Mariana Islands, the Republic of the Marshall 
                Islands, the Federated States of Micronesia, and the 
                Republic of Palau.
                    ``(B) Ratable reductions.--If the sum appropriated 
                under the authority of section 214 and not reserved 
                under subsection (a) for any fiscal year is 
                insufficient to fully satisfy the aggregate of the 
                minimum allotments for all States for that purpose for 
                such year, each of such minimum allotments shall be 
                reduced ratably.
                    ``(C) Special rule.--
                            ``(i) In general.--Notwithstanding any 
                        other provision of this subsection and using 
                        funds allotted for the Republic of the Marshall 
                        Islands, the Republic of the Marshall Islands, 
                        the Federated States of Micronesia, and the 
                        Republic of Palau under this subsection, the 
                        Director shall award grants to Guam, American 
                        Samoa, the Commonwealth of the Northern Mariana 
                        Islands, the Republic of the Marshall Islands, 
                        the Federated States of Micronesia, or the 
                        Republic of Palau to carry out activities 
                        described in this subtitle in accordance with 
                        the provisions of this subtitle that the 
                        Director determines are not inconsistent with 
                        this subparagraph.
                            ``(ii) Award basis.--The Director shall 
                        award grants pursuant to clause (i) on a 
                        competitive basis and pursuant to 
                        recommendations from the Pacific Region 
                        Educational Laboratory in Honolulu, Hawaii.
                            ``(iii) Termination of eligibility.--
                        Notwithstanding any other provision of law, the 
                        Republic of the Marshall Islands, the Federated 
                        States of Micronesia, and the Republic of Palau 
                        shall not receive any funds under this subtitle 
                        for any fiscal year that begins after September 
                        30, 2001.
                            ``(iv) Administrative costs.--The Director 
                        may provide not more than 5 percent of the 
                        funds made available for grants under this 
                        subparagraph to pay the administrative costs of 
                        the Pacific Region Educational Laboratory 
                        regarding activities assisted under this 
                        subparagraph.
            ``(4) Data.--The population of each State and of all the 
        States shall be determined by the Director on the basis of the 
        most recent data available from the Bureau of the Census.

``SEC. 222. ADMINISTRATION.

          ``(a) In General.--Not more than 4 percent of the total 
amount of funds received under this subtitle for any fiscal year by a 
State may be used for administrative costs.
          ``(b) Construction.--Nothing in this section shall be 
construed to limit spending for evaluation costs under section 224(c) 
from sources other than this subtitle.

``SEC. 223. PAYMENTS; FEDERAL SHARE; AND MAINTENANCE OF EFFORT 
              REQUIREMENTS.

          ``(a) Payments.--Subject to appropriations provided pursuant 
to section 214, the Director shall pay to each State library 
administrative agency having a State plan approved under section 224 
the Federal share of the cost of the activities described in the State 
plan.
          ``(b) Federal Share.--
            ``(1) In general.--The Federal share shall be 66 percent.
            ``(2) Non-federal share.--The non-Federal share of payments 
        shall be provided from non-Federal, State, or local sources.
          ``(c) Maintenance of Effort.--
            ``(1) State expenditures.--
                    ``(A) Requirement.--
                            ``(i) In general.--The amount otherwise 
                        payable to a State for a fiscal year pursuant 
                        to an allotment under this chapter shall be 
                        reduced if the level of State expenditures, as 
                        described in paragraph (2), for the previous 
                        fiscal year is less than the average of the 
                        total of such expenditures for the 3 fiscal 
                        years preceding that previous fiscal year. The 
                        amount of the reduction in allotment for any 
                        fiscal year shall be equal to the amount by 
                        which the level of such State expenditures for 
                        the fiscal year for which the determination is 
                        made is less than the average of the total of 
                        such expenditures for the 3 fiscal years 
                        preceding the fiscal year for which the 
                        determination is made.
                            ``(ii) Calculation.--Any decrease in State 
                        expenditures resulting from the application of 
                        subparagraph (B) shall be excluded from the 
                        calculation of the average level of State 
                        expenditures for any 3-year period described in 
                        clause (i).
                    ``(B) Decrease in federal support.--If the amount 
                made available under this subtitle for a fiscal year is 
                less than the amount made available under this subtitle 
                for the preceding fiscal year, then the expenditures 
                required by subparagraph (A) for such preceding fiscal 
                year shall be decreased by the same percentage as the 
                percentage decrease in the amount so made available.
            ``(2) Level of state expenditures.--The level of State 
        expenditures for the purposes of paragraph (1) shall include 
        all State dollars expended by the State library administrative 
        agency for library programs that are consistent with the 
        purposes of this subtitle. All funds included in the 
        maintenance of effort calculation under this subsection shall 
        be expended during the fiscal year for which the determination 
        is made, and shall not include capital expenditures, special 
        one-time project costs, or similar windfalls.
            ``(3) Waiver.--The Director may waive the requirements of 
        paragraph (1) if the Director determines that such a waiver 
        would be equitable due to exceptional or uncontrollable 
        circumstances such as a natural disaster or a precipitous and 
        unforeseen decline in the financial resources of the State.

``SEC. 224. STATE PLANS.

          ``(a) State Plan Required.--
            ``(1) In general.--In order to be eligible to receive a 
        grant under this subtitle, a State library administrative 
        agency shall submit a State plan to the Director not later than 
        April 1, 1997.
            ``(2) Duration.--The State plan shall cover a period of 5 
        fiscal years.
            ``(3) Revisions.--If a State library administrative agency 
        makes a substantive revision to its State plan, then the State 
        library administrative agency shall submit to the Director an 
        amendment to the State plan containing such revision not later 
        than April 1 of the fiscal year preceding the fiscal year for 
        which the amendment will be effective.
          ``(b) Contents.--The State plan shall--
            ``(1) establish goals, and specify priorities, for the 
        State consistent with the purposes of this subtitle;
            ``(2) describe activities that are consistent with the 
        goals and priorities established under paragraph (1), the 
        purposes of this subtitle, and section 231, that the State 
        library administrative agency will carry out during such year 
        using such grant;
            ``(3) describe the procedures that such agency will use to 
        carry out the activities described in paragraph (2);
            ``(4) describe the methodology that such agency will use to 
        evaluate the success of the activities established under 
        paragraph (2) in achieving the goals and meeting the priorities 
        described in paragraph (1);
            ``(5) describe the procedures that such agency will use to 
        involve libraries and library users throughout the State in 
        policy decisions regarding implementation of this subtitle; and
            ``(6) provide assurances satisfactory to the Director that 
        such agency will make such reports, in such form and containing 
        such information, as the Director may reasonably require to 
        carry out this subtitle and to determine the extent to which 
        funds provided under this subtitle have been effective in 
        carrying out the purposes of this subtitle.
          ``(c) Evaluation and Report.--Each State library 
administrative agency receiving a grant under this subtitle shall 
independently evaluate, and report to the Director regarding, the 
activities assisted under this subtitle, prior to the end of the 5-year 
plan.
          ``(d) Information.--Each library receiving assistance under 
this subtitle shall submit to the State library administrative agency 
such information as such agency may require to meet the requirements of 
subsection (c).
          ``(e) Approval.--
            ``(1) In general.--The Director shall approve any State 
        plan under this subtitle that meets the requirements of this 
        subtitle and provides satisfactory assurances that the 
        provisions of such plan will be carried out.
            ``(2) Public availability.--Each State library 
        administrative agency receiving a grant under this subtitle 
        shall make the State plan available to the public
            ``(3) Administration.--If the Director determines that the 
        State plan does not meet the requirements of this section, the 
        Director shall--
                    ``(A) immediately notify the State library 
                administrative agency of such determination and the 
                reasons for such determination;
                    ``(B) offer the State library administrative agency 
                the opportunity to revise its State plan;
                    ``(C) provide technical assistance in order to 
                assist the State library administrative agency in 
                meeting the requirements of this section; and
                    ``(D) provide the State library administrative 
                agency the opportunity for a hearing.

                     ``CHAPTER 2--LIBRARY PROGRAMS

``SEC. 231. GRANTS TO STATES.

          ``(a) In General.--Of the funds provided to a State library 
administrative agency under section 214, such agency shall expend, 
either directly or through subgrants of cooperative agreements, at 
least 96 percent of such funds for--
            ``(1)(A) establishing or enhancing electronic linkages 
        among or between libraries;
            ``(B) electronically linking libraries with educational, 
        social, or information services;
            ``(C) assisting libraries in accessing information through 
        electronic networks;
            ``(D) encouraging libraries in different areas, and 
        encouraging different types of libraries, to establish 
        consortia and share resources; or
            ``(E) paying costs for libraries to acquire or share 
        computer systems and telecommunications technologies; and
            ``(2) targeting library and information services to persons 
        having difficulty using a library and to underserved urban and 
        rural communities, including children (from birth through age 
        17) from families with incomes below the poverty line (as 
        defined by the Office of Management and Budget and revised 
        annually in accordance with section 673(2) of the Community 
        Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a 
        family of the size involved.
          ``(b) Special Rule.--Each State library administrative agency 
receiving funds under this chapter may apportion the funds available 
for the purposes described in subsection (a) between the two purposes 
described in paragraphs (1) and (2) of such subsection, as appropriate, 
to meet the needs of the individual State.

                 ``CHAPTER 3--ADMINISTRATIVE PROVISIONS

                   ``Subchapter A--State Requirements

``SEC. 251. STATE ADVISORY COUNCILS.

          ``Each State desiring assistance under this subtitle may 
establish a State advisory council which is broadly representative of 
the library entities in the State, including public, school, academic, 
special, and institutional libraries, and libraries serving individuals 
with disabilities.

                  ``Subchapter B--Federal Requirements

``SEC. 261. SERVICES FOR INDIAN TRIBES.

          ``From amounts reserved under section 221(a)(1)(A) for any 
fiscal year the Director shall award grants to organizations primarily 
serving and representing Indian tribes to enable such organizations to 
carry out the activities described in section 231.

``SEC. 262. NATIONAL LEADERSHIP GRANTS OR CONTRACTS.

          ``(a) In General.--From the amounts reserved under section 
221(a)(1)(B) for any fiscal year the Director shall establish and carry 
out a program awarding national leadership grants or contracts to 
enhance the quality of library services nationwide and to provide 
coordination between libraries and museums. Such grants or contracts 
shall be used for activities that may include--
            ``(1) education and training of persons in library and 
        information science, particularly in areas of new technology 
        and other critical needs, including graduate fellowships, 
        traineeships, institutes, or other programs;
            ``(2) research and demonstration projects related to the 
        improvement of libraries, education in library and information 
        science, enhancement of library services through effective and 
        efficient use of new technologies, and dissemination of 
        information derived from such projects;
            ``(3) preservation of digitization of library materials and 
        resources, giving priority to projects emphasizing 
        coordination, avoidance of duplication, and access by 
        researchers beyond the institution or library entity 
        undertaking the project; and
            ``(4) model programs demonstrating cooperative efforts 
        between libraries and museums.
          ``(b) Grants or Contracts.--
            ``(1) In general.--The Director may carry out the 
        activities described in subsection (a) by awarding grants to, 
        or entering into contracts with, libraries, agencies, 
        institutions of higher education, or museums, where 
        appropriate.
            ``(2) Competitive basis.--Grants and contracts under this 
        section shall be awarded on a competitive basis.
            ``(c) Special Rule.--The Director shall make every effort 
to ensure that activities assisted under this section are administered 
by appropriate library and museum professionals or experts.

``SEC. 263. STATE AND LOCAL INITIATIVES.

          ``Nothing in this subtitle shall be construed to interfere 
with State and local initiatives and responsibility in the conduct of 
library services. The administration of libraries, the selection of 
personnel and library books and materials, and insofar as consistent 
with the purposes of this subtitle, the determination of the best uses 
of the funds provided under this subtitle, shall be reserved for the 
States and their local subdivisions.

                     ``Subtitle C--Museum Services

``SEC. 271. PURPOSE.

          ``It is the purpose of this subtitle--
            ``(1) to encourage and assist museums in their educational 
        role, in conjunction with formal systems of elementary, 
        secondary, and postsecondary education and with programs of 
        nonformal education for all age groups;
            ``(2) to assist museums in modernizing their methods and 
        facilities so that the museums are better able to conserve the 
        cultural, historic, and scientific heritage of the United 
        States; and
            ``(3) to ease the financial burden borne by museums as a 
        result of their increasing use by the public.

``SEC. 272. DEFINITIONS.

          ``As used in this subtitle:
            ``(1) Museum.--The term `museum' means a public or private 
        nonprofit agency or institution organized on a permanent basis 
        for essentially educational or aesthetic purposes, that 
        utilizes a professional staff, owns or utilizes tangible 
        objects, cares for the tangible objects, and exhibits the 
        tangible objects to the public on a regular basis.
            ``(2) State.--The term `State' means each of the 50 States 
        of the United States, the District of Columbia, the 
        Commomwealth of Puerto Rico, the United States Virgin Islands, 
        Guam, American Samoa, the Commonwealth of the Northern Mariana 
        Islands, the Republic of the Marshall Islands, the Federated 
        States of Micronesia, and the Republic of Palau.

``SEC. 273. MUSEUM SERVICES ACTIVITIES.

            ``(a) Grants.--The Director, subject to the policy 
direction of the Museum Board, may make grants to museums to pay for 
the Federal share of the cost of increasing and improving museum 
services, through such activities as--
            ``(1) programs that enable museums to construct or install 
        displays, interpretations, and exhibitions in order to improve 
        museum services provided to the public;
            ``(2) assisting museums in developing and maintaining 
        professionally trained or otherwise experienced staff to meet 
        the needs of the museums;
            ``(3) assisting museums in meeting the administrative costs 
        of preserving and maintaining the collections of the museums, 
        exhibiting the collections to the public, and providing 
        educational programs to the public through the use of the 
        collections;
            ``(4) assisting museums in cooperating with each other in 
        developing traveling exhibitions, meeting transportation costs, 
        and identifying and locating collections available for loan;
            ``(5) assisting museums in the conservation of their 
        collections;
            ``(6) developing and carrying out specialized programs for 
        specific segments of the public, such as programs for urban 
        neighborhoods, rural areas, Indian reservations, and penal and 
        other State institutions; and
            ``(7) model programs demonstrating cooperative efforts 
        between libraries and museums.
            ``(b) Contracts and Cooperative Agreements.--
            ``(1) Projects to strengthen museum services.--The 
        Director, subject to the policy direction of the Museum Board, 
        is authorized to enter into contracts and cooperative 
        agreements with appropriate entities, as determined by the 
        Director, to pay for the Federal share of enabling the entities 
        to undertake projects designed to strengthen museum services, 
        except that any contracts or cooperative agreements entered 
        into pursuant to this subsection shall be effective only to 
        such extent or in such amounts as are provided in 
        appropriations Acts.
            ``(2) Limitation on amount.--The aggregate amount of 
        financial assistance made available under this subsection for a 
        fiscal year shall not exceed 15 percent of the amount 
        appropriated under this subtitle for such fiscal year.
            ``(3) Operational expenses.--No financial assistance may be 
        provided under this subsection to pay for operational expenses.
            ``(c) Federal Share.--
            ``(1) 50 Percent.--Except as provided in paragraph (2), the 
        Federal share described in subsection (a) and (b) shall be not 
        more than 50 percent.
            ``(2) Greater than 50 percent.--The Director may use not 
        more than 20 percent of the funds made available under this 
        subtitle for a fiscal year to make grants under subsection (a), 
        or enter into contracts or agreements under subsection (b), for 
        which the Federal share may be greater than 50 percent.
            ``(d) Review and Evaluation.--The Director shall establish 
        procedures for reviewing and evaluating grants, contracts, and 
        cooperative agreements made or entered into under this 
        subtitle. Procedures for reviewing grant applications or 
        contracts and cooperative agreements for financial assistance 
        under this subtitle shall not be subject to any review outside 
        of the Institute.

``SEC. 274. AWARD.

          ``The Director, with the advice of the Museum Board, may 
annually award a National Award for Museum Service to outstanding 
museums that have made significant contributions in service to their 
communities.

``SEC. 275. NATIONAL MUSEUM SERVICES BOARD.

          ``(a) Establishment.--There is established in the Institute a 
National Museum Services Board.
          ``(b) Composition and Qualifications.--
            ``(1) Composition.--The Museum Board shall consist of the 
        Director and 14 members appointed by the President, by and with 
        the advice and consent of the Senate.
            ``(2) Qualifications.--The appointive members of the Museum 
        Board shall be selected from among citizens of the United 
        States--
                    ``(A) who are members of the general public;
                            ``(B) who are or have been affiliated 
                        with--
                            ``(i) resources that, collectively, are 
                        broadly representative of the curatorial, 
                        conservation, educational, and cultural 
                        resources of the United States; or
                            ``(ii) museums that, collectively, are 
                        broadly representative of various types of 
                        museums, including museums relating to science, 
                        history, technology, art, zoos, and botanical 
                        gardens; and
                    ``(C) who are recognized for their broad knowledge, 
                expertise, or experience in museums or commitment to 
                museums.
            ``(3) Geographic and other representation.--Members of the 
        Museum Board shall be appointed to reflect persons from various 
        geographic regions of the United States. The Museum Board may 
        not include, at any time, more than 3 members from a single 
        State. In making such appointments, the President shall give 
        due regard to equitable representation of women, minorities, 
        and persons with disabilities who are involved with museums.
          ``(c) Terms.--
            ``(1) In general.--Each appointive member of the Museum 
        Board shall serve for a term of 5 years, except that--
                    ``(A) of the members first appointed, 3 shall serve 
                for terms of 5 years, 3 shall serve for terms of 4 
                years, 3 shall serve for terms of 3 years, 3 shall 
                serve for terms of 2 years, and 2 shall serve for terms 
                of 1 year, as designated by the President at the time 
                of nomination for appointment; and
                    ``(B) any member appointed to fill a vacancy shall 
                serve for the remainder of the term for which the 
                predecessor of the member was appointed.
            ``(2) Reappointement.--No member of the Museum Board who 
        has been a member for more than 7 consecutive years shall be 
        eligible for reappointment.
            ``(3) Service until successor takes office.--
        Notwithstanding any other provision of this subsection, a 
        member of the Museum Board shall serve after the expiration of 
        the term of the member until the successor to the member takes 
        office.
          ``(d) Duties and Powers.--The Museum Board shall have the 
responsibility to advise the Director on general policies with respect 
to the duties, powers, and authority of the Institute relating to 
museum services, including general policies with respect to--
            ``(1) financial assistance awarded under this subtitle for 
        museum services; and
            ``(2) projects described in section 262(a)(4).
          ``(e) Chairperson.--The President shall designate 1 of the 
appointive members of the Museum Board as Chairperson of the Museum 
Board.
          ``(f) Meetings.--
            ``(1) In general.--The Museum Board shall meet--
                    ``(A) not less than 3 times each year, including--
                            ``(i) not less than 2 times each year 
                        separately; and
                            ``(ii) not less than 1 time each year in a 
                        joint meeting with the Commission, convened for 
                        purposes of making general policies with 
                        respect to financial assistance for projects 
                        described in section 262(a)(4); and
                    ``(B) at the call of the Director.
            ``(2) Vote.--All decisions by the Museum Board with respect 
        to the exercise of the duties and powers of the Museum Board 
        shall be made by a majority vote of the members of the Museum 
        Board who are present. All decisions by the Commission and the 
        Museum Board with respect to the policies described in 
        paragraph (1)(A)(ii) shall be made by a \2/3\ majority vote of 
        the total number of the members of the Commission and the 
        Museum Board who are present.
          ``(g) Quorum.--A majority of the members of the Museum Board 
shall constitute a quorum for the conduct of business at official 
meetings of the Museum Board, but a lesser number of members may hold 
hearings. A majority of the members of the Commission and a majority of 
the members of the Museum Board shall constitute a quorum for the 
conduct of business at official joint meetings of the Commission and 
the Museum Board.
          ``(h) Compensation and Travel Expenses.--
            ``(1) Compensation.--Each member of the Museum Board who is 
        not an officer or employee of the Federal Government may be 
        compensated at a rate to be fixed by the President, but not to 
        exceed the daily equivalent of the maximum rate authorized for 
        a position above grade GS-15 of the General Schedule under 
        section 5108 of title 5, United States Code, for each day 
        (including travel time) during which such member is engaged in 
        the performance of the duties of the Museum Board. All members 
        of the Museum Board who are officers or employees of the 
        Federal Government shall serve without compensation in addition 
        to compensation received for their services as officers or 
        employees of the Federal Government.
            ``(2) Travel expenses.--The members of the Museum Board may 
        be allowed travel expenses, including per diem in lieu of 
        subsistence, in the same amounts and to the same extent, as 
        authorized under section 5703 of title 5, United States Code, 
        for persons employed intermittently in Federal Government 
        service.
          ``(i) Coordination.--The Museum Board, with the advice of the 
Director, shall take steps to ensure that the policies and activities 
of the Institute are coordinated with other activities of the Federal 
Government.

``SEC. 276. AUTHORIZATION OF APPROPRIATIONS.

          ``(a) Grants.--For the purpose of carrying out this subtitle, 
there are authorized to be appropriated to the Director $28,700,000 for 
the fiscal year 1997, and such sums as may be necessary for each of the 
fiscal years 1998 through 2002.
          ``(b) Administration.--Not more than 10 percent of the funds 
appropriated under this section for a fiscal year may be used to pay 
for the administrative costs of carrying out this subtitle.
          ``(c) Sums Remaining Available.--Sums appropriated pursuant 
to subsection (a) for any fiscal year shall remain available for 
obligation until expended.''.

SEC. 703. NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE.

          (a) Functions.--Section 5 of the National Commission on 
Libraries and Information Science Act (20 U.S.C. 1504) is amended--
            (1) by redesignating subsections (b) through (d) as 
        subsections (d) through (f), respectively; and
            (2) by inserting after subsection (a) the following:
          ``(b) The Commission shall have the responsibility to advise 
the Director of the Institute of Museum and Library Services on general 
policies with respect to the duties, powers, and authority of the 
Institute of Museum and Library Services relating to library services, 
including--
            ``(1) general policies with respect to--
                    ``(A) financial assistance awarded under the Museum 
                and Library Services Act for library services; and
                    ``(B) projects described in section 262(a)(4) of 
                such Act; and
            ``(2) measures to ensure that the policies and activities 
        of the Institute of Museum and Library Services are coordinated 
        with other activities of the Federal Government.
          ``(c)(1) The Commission shall meet not less than 1 time each 
year in a joint meeting with the National Museum Services Board, 
convened for purposes of providing advice on general policy with 
respect to financial assistance for projects described in section 
262(a)(4) of such Act.
          ``(2) All decisions by the Commission and the National Museum 
Services Board with respect to the advice on general policy described 
in paragraph (1) shall be made by a \2/3\ majority vote of the total 
number of the members of the Commission and the National Museum 
Services Board who are present.
          ``(3) A majority of the members of the Commission and a 
majority of the members of the National Museum Services Board shall 
constitute a quorum for the conduct of business at official joint 
meetings of the Commission and the National Museum Services Board.''.
          (b) Membership.--Section 6 of the National Commission on 
Libraries and Information Science Act (20 U.S.C. 1505) is amended--
            (1) in subsection (a)--
                    (A) in the first sentence, by striking ``Librarian 
                of Congress'' and inserting ``Librarian of Congress, 
                the Director of the Institute of Museum and Library 
                Services (who shall serve as an ex officio, nonvoting 
                member),'';
                    (B) in the second sentence--
                            (i) by striking ``special competence or 
                        interest in'' and inserting ``special 
                        competence in or knowledge of; and
                            (ii) by inserting before the period the 
                        following: ``and at least one other of whom 
                        shall be knowledgeable with respect to the 
                        library and information service and science 
                        needs of the elderly'';
                    (C) in the third sentence, by inserting 
                ``appointive'' before ``members''; and
                    (D) in the last sentence, by striking ``term and at 
                least'' and all that follows and inserting ``term.''; 
                and
            (2) in subsection (b), by striking ``the rate specified'' 
        and all that follows through ``and while'' and inserting ``the 
        daily equivalent of the maximum rate authorized for a position 
        above grade GS-15 of the General Schedule under section 5108 of 
        title 5, United States Code, for each day (including travel-
        time) during which the members are engaged in the business of 
        the Commission. While''.

SEC. 704. TRANSFER OF FUNCTIONS FROM INSTITUTE OF MUSEUM SERVICES.

          (a) Definitions.--For purposes of this section, unless 
otherwise provided or indicated by the context--
            (1) the term ``Federal agency'' has the meaning given to 
        the term ``agency'' by section 551(1) of title 5, United States 
        Code;
            (2) the term ``function'' means any duty, obligation, 
        power, authority, responsibility, right, privilege, activity, 
        or program; and
            (3) the term ``office'' includes any office, 
        administration, agency, institute, unit, organizational entity, 
        or component thereof.
          (b) Transfer of Functions From the Institute of Museum 
Services and the Library Program Office.--There are transferred to the 
Director of the Institute of Museum and Library Services established 
under section 203 of the Museum and Library Services Act--
            (1) all functions that the Director of the Institute of 
        Museum Services exercised before the date of enactment of this 
        section (including all related functions of any officer or 
        employee of the Institute of Museum Services); and
            (2) all functions that the Director of Library Programs in 
        the Office of Educational Research and Improvement in the 
        Department of Education exercised before the date of enactment 
        of this section and any related function of any officer or 
        employee of the Department of Education.
          (c) Determinations of Certain Functions by the Office of 
Management and Budget.--If necessary, the Office of Management and 
Budget shall make any determination of the functions that are 
transferred under subsection (b).
          (d) Delegation and Assignment.--Except where otherwise 
expressly prohibited by law or otherwise provided by this section, the 
Director of the Institute of Museum and Library Services may delegate 
any of the functions transferred to the Director of the Institute of 
Museum and Library Services by this section and any function 
transferred or granted to such Director of the Institute of Museum and 
Library Services after the effective date of this section to such 
officers and employees of the Institute of Museum and Library Services 
as the Director of the Institute of Museum and Library Services may 
designate, and may authorize successive redelegations of such functions 
as may be necessary or appropriate, except that any delegation of any 
such functions with respect to libraries shall be made to the Deputy 
Director of the Office of Library Services and with respect to museums 
shall be made to the Deputy Director of the Office of Museum Services. 
No delegation of functions by the Director of the Institute of Museum 
and Library Services under this section or under any other provision of 
this section shall relieve such Director of the Institute of Museum and 
Library Services of responsibility for the administration of such 
functions.
          (e) Reorganization.--The Director of the Institute of Museum 
and Library Services may allocate or reallocate any function 
transferred under subsection (b) among the officers of the Institute of 
Museum and Library Services, and may establish, consolidate, alter, or 
discontinue such organizational entities in the Institute of Museum and 
Library Services as may be necessary or appropriate.
          (f) Rules.--The Director of the Institute of Museum and 
Library Services may prescribe, in accordance with chapters 5 and 6 of 
title 5, United States Code, such rules and regulations as the Director 
of the Institute of Museum and Library Services determines to be 
necessary or appropriate to administer and manage the functions of the 
Institute of Museum and Library Services.
          (g) Transfer and Allocations of Appropriations and 
Personnel.--Except as otherwise provided in this section, the personnel 
employed in connection with, and the assets, liabilities, contracts, 
property, records, and unexpended balances of appropriations, 
authorizations, allocations, and other funds employed, used, held, 
arising from, available to, or to be made available in connection with 
the functions transferred by this section, subject to section 1531 of 
title 31, United States Code, shall be transferred to the Institute of 
Museum and Library Services. Unexpended funds transferred pursuant to 
this subsection shall be used only for the purposes for which the funds 
were originally authorized and appropriated.
          (h) Incidental Transfers.--The Director of the Office of 
Management and Budget, at such time or times as the Director shall 
provide, may make such determinations as may be necessary with regard 
to the functions transferred by this section, and make such additional 
incidental dispositions of personnel, assets, liabilities, grants, 
contracts, property, records, and unexpended balances of 
appropriations, authorizations, allocations, and other funds held, 
used, arising from, available to, or to be made available in connection 
with such functions, as may be necessary to carry out this section. The 
Director of the Office of Management and Budget shall provide for the 
termination of the affairs of all entities terminated by this section 
and for such further measures and dispositions as may be necessary to 
effectuate the purposes of this section.
          (i) Effect on Personnel.--
            (1) In general.--Except as otherwise provided by this 
        section, the transfer pursuant to this section of full-time 
        personnel (except special Government employees) and part-time 
        personnel holding permanent positions shall not cause any such 
        employee to be separated or reduced in grade or compensation 
        for 1 year after the date of transfer of such employee under 
        this section.
            (2) Executive schedule positions.--Except as otherwise 
        provided in this section, any person who, on the day preceding 
        the effective date of this section, held a position compensated 
        in accordance with the Executive Schedule prescribed in chapter 
        53 of title 5, United States Code, and who, without a break in 
        service, is appointed in the Institute of Museum and Library 
        Services to a position having duties comparable to the duties 
        performed immediately preceding such appointment shall continue 
        to be compensated in such new position at not less than the 
        rate provided for such previous position, for the duration of 
        the service of such person in such new position.
          (j) Savings Provisions.--
            (1) Continuing effect of legal documents.--All orders, 
        determinations, rules, regulations, permits, agreements, 
        grants, contracts, certificates, licenses, registrations, 
        privileges, and other administrative actions--
                    (A) that have been issued, made, granted, or 
                allowed to become effective by the President, any 
                Federal agency or official of a Federal agency, or by a 
                court of competent jurisdiction, in the performance of 
                functions that are transferred under this section; and
                    (B) that were in effect before the effective date 
                of this section, or were final before the effective 
                date of this section and are to become effective on or 
                after the effective date of this section;
shall continue in effect according to their terms until modified, 
terminated, superseded, set aside, or revoked in accordance with law by 
the President, the Director of the Institute of Museum and Library 
Services or other authorized official, a court of competent 
jurisdiction, or by operation of law.
          (2) Proceedings not affected.--This section shall not affect 
any proceedings, including notices of proposed rulemaking, or any 
application for any license, permit, certificate, or financial 
assistance pending before the Institute of Museum Services on the 
effective date of this section, with respect to functions transferred 
by this section. Such proceedings and applications shall be continued. 
Orders shall be issued in such proceedings, appeals shall be taken from 
the orders, and payments shall be made pursuant to the orders, as if 
this section had not been enacted, and orders issued in any such 
proceedings shall continue in effect until modified, terminated, 
superseded, or revoked by a duly authorized official, by a court of 
competent jurisdiction, or by operation of law. Nothing in this 
paragraph shall be construed to prohibit the discontinuance or 
modification of any such proceeding under the same terms and conditions 
and to the same extent that such proceeding could have been 
discontinued or modified if this section had not been enacted.
            (3) Suits not affected.--This section shall not affect 
        suits commenced before the effective date of this section, and 
        in all such suits, proceedings shall be had, appeals taken, and 
        judgments rendered in the same manner and with the same effect 
        as if this section had not been enacted.
            (4) Nonabatement of actions.--No suit, action, or other 
        proceeding commenced by or against the Institute of Museum 
        Services, or by or against any individual in the official 
        capacity of such individual as an officer of the Institute of 
        Museum Services, shall abate by reason of the enactment of this 
        section.
            (5) Administrative actions relating to promulgation of 
        regulations.--Any administrative action relating to the 
        preparation or promulgation of a regulation by the Institute of 
        Museum Services relating to a function transferred under this 
        section may be continued by the Institute of Museum and Library 
        Services with the same effect as if this section had not been 
        enacted.
          (k) Transition.--The Director of the Institute of Museum and 
Library Services may utilize--
            (1) the services of such officers, employees, and other 
        personnel of the Institute of Museum Services with respect to 
        functions transferred to the Institute of Museum and Library 
        Services by this section; and
            (2) funds appropriated to such functions for such period of 
        time as may reasonably be needed to facilitate the orderly 
        implementation of this section.
          (l) References.--A reference in any other Federal law, 
Executive order, rule, regulation, or delegation of authority, or any 
document of or relating to--
            (1) the Director of the Institute of Museum Services with 
        regard to functions transferred under subsection (b), shall be 
        deemed to refer to the Director of the Institute of Museum and 
        Library Services; and
            (2) the Institute of Museum Services with regard to 
        functions transferred under subsection (b), shall be deemed to 
        refer to the Institute of Museum and Library Services.
          (m) Additional Conforming Amendments.--
            (1) Recommended legislation.--After consultation with the 
        appropriate committees of Congress and the director of the 
        Office of Management and Budget, the Director of the Institute 
        of Museum and Library Services shall prepare and submit to the 
        appropriate committees of Congress recommended legislation 
        containing technical and conforming amendments to reflect the 
        changes made by this section.
            (2) Submission to congress.--Not later than 6 months after 
        the effective date of this section, the Director of the 
        Institute of Museum and Library Services shall submit to the 
        appropriate committees of Congress the recommended legislation 
        referred to under paragraph (1).

SEC. 705. SERVICE OF INDIVIDUALS SERVING ON DATE OF ENACTMENT.

          Notwithstanding section 204 of the Museum and Library 
Services Act, the individual who was appointed to the position of 
Director of the Institute of Museum Services under section 205 of the 
Museum Services Act (as such section was in effect on the day before 
the date of enactment of this Act) and who is serving in such position 
on the day before the date of enactment of this Act shall serve as the 
first Director of the Institute of Museum and Library Services under 
section 204 of the Museum and Library Services Act (as added by section 
2 of this Act), and shall serve at the pleasure of the President.

SEC. 706. CONSIDERATION.

          Consistent with title 5, United States Code, in appointing 
employees of the Office of Library Services, the Director of the 
Institute of Museum and Library Services shall give strong 
consideration to individuals with experience in administering State-
based and national library and information services programs.

SEC. 707. TRANSITION AND TRANSFER OF FUNDS.

          (a) Transition.--The Director of the Office of Management and 
Budget shall take appropriate measures to ensure an orderly transition 
from the activities previously administered by the Director of Library 
Programs in the Office of Educational Research and Improvement in the 
Department of Education to the activities administered by the Institute 
for Museum and Library Services under this Act. Such measures may 
include the transfer of appropriated funds.
          (b) Transfer.--From any amounts available to the Secretary of 
Education for salaries and expenses at the Department of Education, the 
Secretary of Education shall transfer to the Director the amount of 
funds necessary to ensure the orderly transition from activities 
previously administered by the Director of the Office of Library 
Programs in the Office of Educational Research and Improvement in the 
Department of Education to the activities administered by the Institute 
for Museum and Library Services. In no event shall the amount of funds 
transferred pursuant to the preceding sentence be less than $200,000.

SEC. 708. REPEALS.

          (a) Library Services and Construction Act.--The Library 
Services and Construction Act (20 U.S.C. 351 et seq.) is repealed.
          (b) Title II of the Higher Education Act of 1965.--Title II 
of the Higher Education Act of 1965 (20 U.S.C. 1021 et seq.), relating 
to academic libraries and information services, is repealed.
          (c) Part D of Title XIII of the Higher Education Amendments 
of 1986.--Part D of title XIII of the Higher Education Amendments of 
1986 (20 U.S.C. 1029 note), relating to library resources, is repealed.
          (d) Section 519 of the Education Amendments of 1974.--Section 
519 of the Education Amendments of 1974 (20 U.S.C. 1221i) is repealed.
          (e) Part F of the Technology for Education Act of 1994.--Part 
F of the Technology for Education Act of 1994 (20 U.S.C. 7001 et seq.), 
contained in title III of the Elementary and Secondary Education Act of 
1965, is repealed.

SEC. 709. CONFORMING AMENDMENTS.

          (a) References to Library Services and Construction Act.--
            (1) Technology for education act of 1994.--Section 3113(10) 
        of the Technology for Education Act of 1994 (20 U.S.C. 
        6813(10)) is amended by striking ``section 3 of the Library 
        Services and Construction Act;'' and inserting ``section 213 of 
        the Library Services and Technology Act;''
            (2) Omnibus education reconciliation act of 1981.--Section 
        528 of the Omnibus Education Reconciliation Act of 1981 (20 
        U.S.C. 3489) is amended--
                    (A) by striking paragraph (12); and
                    (B) by redesignating paragraphs (13) through (15) 
                as paragraphs (12) through (14), respectively.
            (3) Elementary and secondary education act of 1965.--
        Section 3113(10) of the Elementary and Secondary Education Act 
        of 1965 (20 U.S.C. 6813(10)) is amended by striking ``section 3 
        of the Library Services and Construction Act'' and inserting 
        ``section 213 of the Library Services and Technology Act''.
            (4) Community improvement volunteer act of 1994.--Section 
        7305 of the Community Improvement Volunteer Act of 1994 (40 
        U.S.C. 276d-3) is amended--
                    (A) by striking paragraph (1); and
                    (A) by redesignating paragraphs (2) through (6) as 
                paragraphs (1) through (5), respectively.
            (5) Appalachian regional development act of 1965.--Section 
        214(c) of the Appalachian Regional Development Act of 1965 (40 
        U.S.C. App. 214(c)) is amended by striking ``Library Services 
        and Construction Act;''
            (6) Demonstration cities and metropolitan development act 
        of 1966.--Section 208(2) of the Demonstration Cities and 
        Metropolitan Development Act of 1966 (42 U.S.C. 3338(2)) is 
        amended by striking ``title II of the Library Services and 
        Construction Act;''.
            (7) Public law 87-688.--Subsection (c) of the first section 
        of the Act entitled ``An Act to extend the application of 
        certain laws to American Samoa'', approved September 25, 1962 
        (48 U.S.C. 1666(c)) is amended by striking ``the Library 
        Services Act (70 Stat. 293; 20 U.S.C. 351 et seq.),''.
            (8) Communications act of 1934.--Paragraph (4) of section 
        254(h) of the Communications Act of 1934 (47 U.S.C. 254(h)(4) 
        is amended by striking ``library not eligible for participation 
        in State-based plans for funds under title III of the Library 
        Services and Construction Act (20 U.S.C. 335c et seq.)'' and 
        inserting ``library or library consortium not eligible for 
        assistance from a State library administrative agency under the 
        Library Services and Technology Act''.
          (b) References to Institute of Museum Services.--
            (1) Title 5, united states code.--Section 5315 of title 5 
        United States Code, is amended by striking the following:
            ``Director of the Institute of Museum Services,'' and 
        inserting the following:
            ``Director of the Institute of Museum and Library 
        Services.''.
            (2) Department of education organization act.--Section 301 
        of the Department of Education Organization Act (20 U.S.C. 
        3441) is amended--
                    (A) in subsection (a)--
                            (i) by striking paragraph (5); and
                            (ii) by redesignating paragraphs (6) and 
                        (7) as paragraphs (5) and (6), respectively; 
                        and
                    (B) in subsection (b)--
                            (i) by striking paragraph (4); and
                            (ii) by redesignating paragraphs (5) 
                        through (7) as paragraphs (4) through (6), 
                        respectively.
            (3) Elementary and secondary education act of 1965.--
                    (A) Sections 2101(b), 2205(c)(1)(D), 
                2208(d)(1)(H)(v), and 2209(b)(1)(C)(iv), and subsection 
                (d)(6) and (e)(2) of section 10401 of the Elementary 
                and Secondary Education Act of 1965 (20 U.S.C. 6621(b), 
                6645(c)(1)(D), 6648(d)(1)(H)(v), 6649(b)(1)(C)(vi), and 
                8091 (d)(6) and (e)(2)) are amended by striking ``the 
                Institute of Museum Services'' and inserting ``the 
                Institute of Museum and Library Services''.
                    (B) Section 10412(b) of such Act (20 U.S.C. 8102(b) 
                is amended--
                            (i) in paragraph (2), by striking ``the 
                        Director of the Institute Museum Services,'' 
                        and inserting ``the Director of the Institute 
                        of Museum and Library Services,''; and
                            (ii) in paragraph (7), by striking ``the 
                        Director of the Institute of Museum Services,'' 
                        and inserting ``the director of the Institute 
                        of Museum and Library Services,''.
                    (C) Section 10414(a)(2)(B) of such Act (20 U.S.C. 
                8104(a)(2)(B)) is amended by striking clause (iii) and 
                inserting the following new clause:
                            ``(iii) the Institute of Museum and Library 
                        Services.''.
            (c) References to Office of Libraries and Learning 
Resources.--Section 413(b)(1) of the Department of Education 
Organization Act (20 U.S.C. 3473(b)(1)) is amended--
            (1) by striking subparagraph (H); and
            (2) by redesignating subparagraphs (I) through (M) as 
        subparagraphs (H) through (L), respectively.
            (d) Reference to State Postsecondary Review Entity 
Programs.--Section 356(b)(2) of the Higher Education Act of 1965 (20 
U.S.C. 10696(b)) is amended by striking ``II,''.
          This Act may be cited as the ``Departments of Labor, Health 
and Human Services, and Education, and Related Agencies Appropriations 
Act, 1997''.
          (f) For programs, projects or activities in the Treasury, 
Postal Service, and General Appropriations Act, 1997, provided as 
follows, to be effective as if it had been enacted into law as the 
regular appropriations Act:

                                 AN ACT

          Making appropriations for the Treasury Department, the United 
States Postal Service, the Executive Office of the President, and 
certain Independent Agencies, for the fiscal year ending September 30, 
1997, and for other purposes.

                  TITLE I--DEPARTMENT OF THE TREASURY

                          Departmental Offices

                         salaries and expenses

    For necessary expenses of the Departmental Offices including 
operation and maintenance of the Treasury Building and Annex; hire of 
passenger motor vehicles; maintenance, repairs, and improvements of, 
and purchase of commercial insurance policies for, real properties 
leased or owned overseas, when necessary for the performance of 
official business; not to exceed $2,900,000 for official travel 
expenses; not to exceed $150,000 for official reception and 
representation expenses; not to exceed $258,000 for unforeseen 
emergencies of a confidential nature, to be allocated and expended 
under the direction of the Secretary of the Treasury and to be 
accounted for solely on his certificate; $111,760,000.

                         Automation Enhancement

                      including transfer of funds

    For the development and acquisition of automatic data processing 
equipment, software, and services for the Department of the Treasury, 
$27,100,000, of which $15,000,000 shall be available to the United 
States Customs Service for the Automated Commercial Environment 
project, and of which $5,600,000 shall be available to the United 
States Customs Service for the International Trade Data System: 
Provided, That these funds shall remain available until September 30, 
1999: Provided further, That these funds shall be transferred to 
accounts and in amounts as necessary to satisfy the requirements of the 
Department's offices, bureaus, and other organizations: Provided 
further, That this transfer authority shall be in addition to any other 
transfer authority provided in this Act: Provided further, That none of 
the funds shall be used to support or supplement Internal Revenue 
Service appropriations for Information Systems and Tax Systems 
Modernization: Provided further, That of the funds appropriated for the 
Automated Commercial Environment, $3,475,000 may not be obligated until 
the Commissioner of Customs consults with the Committees on 
Appropriations regarding deficiencies identified by the General 
Accounting Office.

                      Office of Inspector General

                         salaries and expenses

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, not to exceed $2,000,000 for official travel expenses; 
including hire of passenger motor vehicles; and not to exceed $100,000 
for unforeseen emergencies of a confidential nature, to be allocated 
and expended under the direction of the Inspector General of the 
Treasury; $29,736,000.

                 Office of Professional Responsibility

                         salaries and expenses

    For necessary expenses of the Office of Professional 
Responsibility, including purchase and hire of passenger motor 
vehicles, $1,500,000.

          Treasury Buildings and Annex Repair and Restoration

                      including transfer of funds

    For the repair, alteration, and improvement of the Treasury 
Building and Annex, $28,213,000, to remain available until expended: 
Provided, That funds previously made available under this title for the 
Secret Service Headquarter's building shall be transferred to the 
Secret Service Acquisition, Construction, Improvement and Related 
Expenses appropriation.

                  Financial Crimes Enforcement Network

                         salaries and expenses

    For necessary expenses of the Financial Crimes Enforcement Network, 
including hire of passenger motor vehicles; travel expenses of non-
Federal law enforcement personnel to attend meetings concerned with 
financial intelligence activities, law enforcement, and financial 
regulation; not to exceed $14,000 for official reception and 
representation expenses; and for assistance to Federal law enforcement 
agencies, with or without reimbursement; $22,387,000: Provided, That 
notwithstanding any other provision of law, the Director of the 
Financial Crimes Enforcement Network may procure up to $500,000 in 
specialized, unique, or novel automatic data processing equipment, 
ancillary equipment, software, services, and related resources from 
commercial vendors without regard to otherwise applicable procurement 
laws and regulations and without full and open competition, utilizing 
procedures best suited under the circumstances of the procurement to 
efficiently fulfill the agency's requirements: Provided further, That 
funds appropriated in this account may be used to procure personal 
services contracts.

               Department of the Treasury Forfeiture Fund

    For necessary expenses of the Treasury Forfeiture Fund, as 
authorized by Public Law 102-393, not to exceed $10,000,000, to be 
derived from deposits in the fund: Provided, That notwithstanding any 
other provision of law, not to exceed $7,500,000 shall be made 
available for the development of a Federal wireless communication 
system: Provided further, That the Secretary of the Treasury is 
authorized to receive all unavailable collections transferred from the 
Special Forfeiture Fund established by section 6073 of the Anti-Drug 
Abuse Act of 1988 (21 U.S.C. 1509) by the Director of the Office of 
Drug Control Policy as a deposit into the Treasury Forfeiture Fund (31 
U.S.C. 9703(a)).

                    Violent Crime Reduction Programs

                      including transfer of funds

    For activities authorized by Public Law 103-322, to remain 
available until expended, which shall be derived from the Violent Crime 
Reduction Trust Fund, as follows:
    (a) As authorized by section 190001(e), $89,000,000, of which 
$36,595,000 shall be available to the Bureau of Alcohol, Tobacco and 
Firearms, of which $3,000,000 shall be available for administering the 
Gang Resistance Education and Training program, of which $3,662,000 
shall be available for ballistics technologies, including the purchase, 
maintenance and upgrading of equipment and of which $29,133,000 shall 
be available to enhance training and purchase equipment and services, 
and of which $800,000 shall be available for project LEAD; of which 
$18,300,000 shall be available to the Secretary as authorized by 
section 732 of Public Law 104-132, as amended by Section 113 of the 
Fiscal Year 1997 Department of Commerce, Justice and State, and the 
Judiciary, and Related Agencies Appropriations Act; of which $1,000,000 
shall be available to the Financial Crimes Enforcement Network; of 
which $20,000,000 shall be available to the United States Secret 
Service, of which no less than $1,400,000 shall be available for a 
grant for activities related to the investigations of missing and 
exploited children; and of which $13,105,000 shall be available to the 
Federal Drug Control Programs, High Intensity Drug Trafficking Areas 
program;
    (b) As authorized by section 32401, $8,000,000, for disbursement 
through grants, cooperative agreements or contracts, to local 
governments for Gang Resistance Education and Training: Provided, That 
notwithstanding sections 32401 and 310001, such funds shall be 
allocated only to the affected State and local law enforcement and 
prevention organizations participating in such projects.

                        Treasury Franchise Fund

    There is hereby established in the Treasury a franchise fund pilot, 
as authorized by section 403 of Public Law 103-356, to be available as 
provided in such section for expenses and equipment necessary for the 
maintenance and operation of such financial and administrative support 
services as the Secretary determines may be performed more 
advantageously as central services: Provided, That any inventories, 
equipment, and other assets pertaining to the services to be provided 
by such fund, either on hand or on order, less the related liabilities 
or unpaid obligations, and any appropriations made for the purpose of 
providing capital, shall be used to capitalize such fund: Provided 
further, That such fund shall be reimbursed or credited with the 
payments, including advanced payments, from applicable appropriations 
and funds available to the Department and other Federal agencies for 
which such administrative and financial services are performed, at 
rates which will recover all expenses of operation, including accrued 
leave, depreciation of fund plant and equipment, amortization of 
Automatic Data Processing (ADP) software and systems, and an amount 
necessary to maintain a reasonable operating reserve, as determined by 
the Secretary: Provided further, That such fund shall provide services 
on a competitive basis: Provided further, That an amount not to exceed 
4 percent of the total annual income to such fund may be retained in 
the fund for fiscal year 1997 and each fiscal year thereafter, to 
remain available until expended, to be used for the acquisition of 
capital equipment and for the improvement and implementation of 
Treasury financial management, ADP, and other support systems: Provided 
further, That no later than 30 days after the end of each fiscal year, 
amounts in excess of this reserve limitation shall be deposited as 
miscellaneous receipts in the Treasury: Provided further, That such 
franchise fund pilot shall terminate pursuant to section 403(f) of 
Public Law 103-356.

                Federal Law Enforcement Training Center

                         salaries and expenses

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

     acquisition, construction, improvements, and related expenses

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

                      Financial Management Service

                         salaries and expenses

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

                Bureau of Alcohol, Tobacco and Firearms

                         salaries and expenses

    For necessary expenses of the Bureau of Alcohol, Tobacco and 
Firearms, including purchase of not to exceed 650 vehicles for police-
type use for replacement only and hire of passenger motor vehicles; 
hire of aircraft; and services of expert witnesses at such rates as may 
be determined by the Director; for payment of per diem and/or 
subsistence allowances to employees where an assignment to the National 
Response Team during the investigation of a bombing or arson incident 
requires an employee to work 16 hours or more per day or to remain 
overnight at his or her post of duty; not to exceed $12,500 for 
official reception and representation expenses; for training of State 
and local law enforcement agencies with or without reimbursement, 
including training in connection with the training and acquisition of 
canines for explosives and fire accelerants detection; provision of 
laboratory assistance to State and local agencies, with or without 
reimbursement; $393,971,000, of which $12,011,000, to remain available 
until expended, shall be available for arson investigations, with 
priority assigned to any arson, explosion or violence against religious 
institutions; which not to exceed $1,000,000 shall be available for the 
payment of attorneys' fees as provided by 18 U.S.C. 924(d)(2); and of 
which $1,000,000 shall be available for the equipping of any vessel, 
vehicle, equipment, or aircraft available for official use by a State 
or local law enforcement agency if the conveyance will be used in drug-
related joint law enforcement operations with the Bureau of Alcohol, 
Tobacco and Firearms and for the payment of overtime salaries, travel, 
fuel, training, equipment, and other similar costs of State and local 
law enforcement officers that are incurred in joint operations with the 
Bureau of Alcohol, Tobacco and Firearms: Provided, That no funds made 
available by this or any other Act may be used to transfer the 
functions, missions, or activities of the Bureau of Alcohol, Tobacco 
and Firearms to other agencies or Departments in the fiscal year ending 
on September 30, 1997: Provided further, That no funds appropriated 
herein shall be available for salaries or administrative expenses in 
connection with consolidating or centralizing, within the Department of 
the Treasury, the records, or any portion thereof, of acquisition and 
disposition of firearms maintained by Federal firearms licensees: 
Provided further, That no funds appropriated herein shall be used to 
pay administrative expenses or the compensation of any officer or 
employee of the United States to implement an amendment or amendments 
to 27 CFR 178.118 or to change the definition of ``Curios or relics'' 
in 27 CFR 178.11 or remove any item from ATF Publication 5300.11 as it 
existed on January 1, 1994: Provided further, That none of the funds 
appropriated herein shall be available to investigate or act upon 
applications for relief from Federal firearms disabilities under 18 
U.S.C. 925(c): Provided further, That such funds shall be available to 
investigate and act upon applications filed by corporations for relief 
from Federal firearms disabilities under 18 U.S.C. 925(c): Provided 
further, That no funds in this Act may be used to provide ballistics 
imaging equipment to any State or local authority who has obtained 
similar equipment through a Federal grant or subsidy unless the State 
or local authority agrees to return that equipment or to repay that 
grant or subsidy to the Federal Government: Provided further, That no 
funds available for separation incentive payments as authorized by 
section 663 of this Act may be obligated without the advance approval 
of the House and Senate Committees on Appropriations: Provided further, 
That no funds under this Act may be used to electronically 
retrieve information gathered pursuant to 18 U.S.C. 923(g)(4) by name 
or any personal identification code.

                         laboratory facilities

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

                     United States Customs Service

                         salaries and expenses

    For necessary expenses of the United States Customs Service, 
including purchase of up to 1,000 motor vehicles of which 960 are for 
replacement only, including 990 for police-type use and commercial 
operations; hire of motor vehicles; contracting with individuals for 
personal services abroad; not to exceed $30,000 for official reception 
and representation expenses; and awards of compensation to informers, 
as authorized by any Act enforced by the United States Customs Service; 
$1,487,250,000; of which $65,000,000 shall be available until expended 
for Operation Hardline; of which $28,000,000 shall remain available 
until expended for acquisition of aircraft and related operations and 
maintenance associated with Operation Gateway; and of which such sums 
as become available in the Customs User Fee Account, except sums 
subject to section 13031(f)(3) of the Consolidated Omnibus 
Reconciliation Act of 1985, as amended (19 U.S.C. 58c(f)(3)), shall be 
derived from that Account; of the total, not to exceed $150,000 shall 
be available for payment for rental space in connection with 
preclearance operations, and not to exceed $4,000,000 shall be 
available until expended for research and not to exceed $1,000,000 
shall be available until expended for conducting special operations 
pursuant to 19 U.S.C. 2081 and up to $6,000,000 shall be available 
until expended for the procurement of automation infrastructure items, 
including hardware, software, and installation: Provided, That uniforms 
may be purchased without regard to the general purchase price 
limitation for the current fiscal year: Provided further, That the 
United States Custom Service shall implement the General Aviation 
Telephonic Entry program within 30 days of enactment of this Act: 
Provided further, That no funds available for separation incentive 
payments as authorized by section 663 of this Act may be obligated 
without the advance approval of the House and Senate Committees on 
Appropriations: Provided further, That the Spirit of St. Louis Airport 
in St. Louis County, Missouri, shall be designated a port of entry: 
Provided further, That no funds under this Act may be used to provide 
less than 30 days public notice for any change in apparel regulations: 
Provided further, That $750,000 shall be available for additional part-
time and temporary positions in the Honolulu Customs District: Provided 
further, That of the funds appropriated $2,500,000 may be made 
available for the Western Hemisphere Trade Center authorized by Public 
Law 103-182.

    operation and maintenance, air and marine interdiction programs

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

                   customs services at small airports

                  (to be derived from fees collected)

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

                   harbor maintenance fee collection

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

                       Bureau of the Public Debt

                     administering the public debt

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

                        Internal Revenue Service

                 processing, assistance, and management

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

                          tax law enforcement

    For necessary expenses of the Internal Revenue Service for 
determining and establishing tax liabilities; tax and enforcement 
litigation; technical rulings; examining employee plans and exempt 
organizations; investigation and enforcement activities; securing 
unfiled tax returns; collecting unpaid accounts; statistics of income 
and compliance research; the purchase (for police-type use, not to 
exceed 850), and hire of passenger motor vehicles (31 U.S.C. 1343(b)); 
and services as authorized by 5 U.S.C. 3109, at such rates as may be 
determined by the Commissioner $4,104,211,000, of which not to exceed 
$1,000,000 shall remain available until September 30, 1999, for 
research.

                          information systems

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

                          information systems

                              (rescission)

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

          administrative provisions--internal revenue service

    Section 101. Not to exceed 5 percent of any appropriation made 
available in this Act to the Internal Revenue Service may be 
transferred to any other Internal Revenue Service appropriation upon 
the advance approval of the House and Senate Committees on 
Appropriations.
    Sec. 102. The Internal Revenue Service shall maintain a training 
program to insure that Internal Revenue Service employees are trained 
in taxpayers' rights, in dealing courteously with the taxpayers, and in 
cross-cultural relations.
    Sec. 103. The funds provided in this Act for the Internal Revenue 
Service shall be used to provide as a minimum, the fiscal year 1995 
level of service, staffing, and funding for Taxpayer Services.
    Sec. 104. No funds available in this Act to the Internal Revenue 
Service for separation incentive payments as authorized by section 663 
of this Act may be obligated without the advance approval of the House 
and Senate Committees on Appropriations.
          Sec. 105. The Internal Revenue Service (IRS) may proceed with 
its field support reorganization in fiscal year 1997 after it submits 
its report, no earlier than March 1, 1997, to the Committees on 
Appropriations of the House and Senate only if the IRS maintains, in 
fiscal year 1997, the current level of taxpayer service employees that 
work on cases generated through walk in visits and telephone calls to 
IRS offices.
    Sec. 106. Funds made available by this or any other Act to the 
Internal Revenue Service shall be available for improved facilities and 
increased manpower to provide sufficient and effective 1-800 help line 
for taxpayers. The Commissioner shall make the improvement of the IRS 
1-800 help line service a priority and allocate resources necessary to 
increase phone lines and staff to improve the IRS 1-800 help line 
service.
    Sec. 107. No funds made available by this Act, or any other Act, to 
the Internal Revenue Service may be used to pay for the design and 
printing of more than two ink colors on the covers of income tax 
packages, and such ink colors must be the same colors as used to print 
the balance of the material in each package.
          Sec. 108. Notwithstanding any other provision of law, no 
field support reorganization of the Internal Revenue Service shall be 
undertaken in Aberdeen, South Dakota until the Internal Revenue Service 
toll-free help phone line assistance program reaches at least an 80 
percent service level. The Commissioner shall submit to Congress a 
report and the GAO shall certify to Congress that the 80 percent 
service level has been met.

                      United States Secret Service

                         salaries and expenses

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

                         salaries and expenses

                              (rescission)

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

      acquisition, construction, improvement, and related expenses

                     (including transfer of funds)

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

             General Provisions--Department of the Treasury

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

                        TITLE II--POSTAL SERVICE

                     Payments to the Postal Service

                   payment to the postal service fund

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

      payment to the postal service fund for nonfunded liabilities

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

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

        Compensation of the President and the White House Office

                     compensation of the president

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

                         salaries and expenses

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

                 Executive Residence at the White House

                           operating expenses

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

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

                         salaries and expenses

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

                           operating expenses

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

                      Council of Economic Advisers

                         salaries and expenses

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

                      Office of Policy Development

                         salaries and expenses

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

                       National Security Council

                         salaries and expenses

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

                        Office of Administration

                         salaries and expenses

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

                    Office of Management and Budget

                         salaries and expenses

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

                 Office of National Drug Control Policy

                         salaries and expenses

                     (including transfer of funds)

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

                     Federal Drug Control Programs

             high intensity drug trafficking areas program

                     (including transfer of funds)

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

                     TITLE IV--INDEPENDENT AGENCIES

 Committee for Purchase From People Who Are Blind or Severely Disabled

                         salaries and expenses

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

                      Federal Election Commission

                         salaries and expenses

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

                   Federal Labor Relations Authority

                         salaries and expenses

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

                    General Services Administration

                         federal buildings fund

                 limitations on availability of revenue

                     (including transfer of funds)

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

                         policy and operations

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

                      office of inspector general

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

           allowances and office staff for former presidents

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

                   expenses, presidential transition

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

          general provisions--general services administration

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

           John F. Kennedy Assassination Records Review Board

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

                     Merit Systems Protection Board

                         salaries and expenses

                     (including transfer of funds)

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

              National Archives and Records Administration

                           operating expenses

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

             archives facilities and presidential libraries

                        repairs and restoration

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

        national historical publications and records commission

                             grants program

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

                      Office of Government Ethics

                         salaries and expenses

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

                     Office of Personnel Management

                         salaries and expenses

                  (including transfer of trust funds)

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

           general provisions--office of personnel management

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

                      office of inspector general

                         salaries and expenses

                  (including transfer of trust funds)

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

      government payment for annuitants, employees health benefits

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

       government payment for annuitants, employee life insurance

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

        payment to civil service retirement and disability fund

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

                       Office of Special Counsel

                         salaries and expenses

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

                        United States Tax Court

                         salaries and expenses

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

                      TITLE V--GENERAL PROVISIONS

                                This Act

    Section 501. No part of any appropriation contained in this Act 
shall remain available for obligation beyond the current fiscal year 
unless expressly so provided herein.
    Sec. 502. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, pursuant to 5 
U.S.C. 3109, shall be limited to those contracts where such 
expenditures are a matter of public record and available for public 
inspection, except where otherwise provided under existing law, or 
under existing Executive order issued pursuant to existing law.
    Sec. 503. Section 5131 of title 31, United States Code, is 
amended--
            (1) by striking subsection (c); and
            (2) by redesignating subsection (d) as subsection (c).
    Sec. 504. None of the funds made available by this Act shall be 
available for any activity or for paying the salary of any Government 
employee where funding an activity or paying a salary to a Government 
employee would result in a decision, determination, rule, regulation, 
or policy that would prohibit the enforcement of section 307 of the 
Tariff Act of 1930.
    Sec. 505. None of the funds made available by this Act shall be 
available for the purpose of transferring control over the Federal Law 
Enforcement Training Center located at Glynco, Georgia, and Artesia, 
New Mexico, out of the Treasury Department.
    Sec. 506. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes within the United States 
not heretofore authorized by the Congress.
    Sec. 507. No part of any appropriation contained in this Act shall 
be available for the payment of the salary of any officer or employee 
of the United States Postal Service, who--
            (1) prohibits or prevents, or attempts or threatens to 
        prohibit or prevent, any officer or employee of the United 
        States Postal Service from having any direct oral or written 
        communication or contact with any Member or committee of 
        Congress in connection with any matter pertaining to the 
        employment of such officer or employee or pertaining to the 
        United States Postal Service in any way, irrespective of 
        whether such communication or contact is at the initiative of 
        such officer or employee or in response to the request or 
        inquiry of such Member or committee; or
            (2) removes, suspends from duty without pay, demotes, 
        reduces in rank, seniority, status, pay, or performance of 
        efficiency rating, denies promotion to, relocates, reassigns, 
        transfers, disciplines, or discriminates in regard to any 
        employment right, entitlement, or benefit, or any term or 
        condition of employment of, any officer or employee of the 
        United States Postal Service, or attempts or threatens to 
        commit any of the foregoing actions with respect to such 
        officer or employee, by reason of any communication or contact 
        of such officer or employee with any Member or committee of 
        Congress as described in paragraph (1).
    Sec. 508. The Office of Personnel Management may, during the fiscal 
year ending September 30, 1997, accept donations of supplies, services, 
land, and equipment for the Federal Executive Institute and Management 
Development Centers to assist in enhancing the quality of Federal 
management.
    Sec. 509. The United States Secret Service may, during the fiscal 
year ending September 30, 1997, and hereafter, accept donations of 
money to offset costs incurred while protecting former Presidents and 
spouses of former Presidents when the former President or spouse 
travels for the purpose of making an appearance or speech for a payment 
of money or any thing of value.
    Sec. 510. No part of any appropriation contained in this Act shall 
be available to pay the salary for any person filling a position, other 
than a temporary position, formerly held by an employee who has left to 
enter the Armed Forces of the United States and has satisfactorily 
completed his period of active military or naval service and has within 
90 days after his release from such service or from hospitalization 
continuing after discharge for a period of not more than 1 year made 
application for restoration to his former position and has been 
certified by the Office of Personnel Management as still qualified to 
perform the duties of his former position and has not been restored 
thereto.
    Sec. 511. None of the funds made available in this Act may be used 
to provide any non-public information such as mailing or telephone 
lists to any person or any organization outside of the Federal 
Government without the approval of the House and Senate Committees on 
Appropriations.
    Sec. 512. No funds appropriated pursuant to this Act may be 
expended by an entity unless the entity agrees that in expending the 
assistance the entity will comply with sections 2 through 4 of the Act 
of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy 
American Act'').
    Sec. 513. (a) Purchase of American-Made Equipment and Products.--In 
the case of any equipment or products that may be authorized to be 
purchased with financial assistance provided under this Act, it is the 
sense of the Congress that entities receiving such assistance should, 
in expending the assistance, purchase only American-made equipment and 
products.
    (b) Notice to Recipients of Assistance.--In providing financial 
assistance under this Act, the Secretary of the Treasury shall provide 
to each recipient of the assistance a notice describing the statement 
made in subsection (a) by the Congress.
    Sec. 514. If it has been finally determined by a court or Federal 
agency that any person intentionally affixed a label bearing a ``Made 
in America'' inscription, or any inscription with the same meaning, to 
any product sold in or shipped to the United States that is not made in 
the United States, such person shall be ineligible to receive any 
contract or subcontract made with funds provided pursuant to this Act, 
pursuant to the debarment, suspension, and ineligibility procedures 
described in sections 9.400 through 9.409 of title 48, Code of Federal 
Regulations.
    Sec. 515. Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the 
end of fiscal year 1997 from appropriations made available for salaries 
and expenses for fiscal year 1997 in this Act, shall remain available 
through September 30, 1998, for each such account for the purposes 
authorized: Provided, That a request shall be submitted to the House 
and Senate Committees on Appropriations for approval prior to the 
expenditure of such funds.
    Sec. 516. Where appropriations in this Act are expendable for 
travel expenses of employees and no specific limitation has been placed 
thereon, the expenditures for such travel expenses may not exceed the 
amount set forth in the budget estimates submitted for appropriations 
without the advance approval of the House and Senate Committees on 
Appropriations: Provided, That this section shall not apply to travel 
performed by uncompensated officials of local boards and appeal boards 
in the Selective Service System; to travel performed directly in 
connection with care and treatment of medical beneficiaries of the 
Department of Veterans Affairs; to travel of the Office of Personnel 
Management in carrying out its observation responsibilities of the 
Voting Rights Act; or to payments to interagency motor pools separately 
set forth in the budget schedules: Provided further, That this 
provision does not apply to accounts that do not contain an object 
identification for travel.
    Sec. 517. Notwithstanding any other provision of law or regulation 
during the fiscal year ending September 30, 1997, and thereafter:
            (1) The authority of the special police officers of the 
        Bureau of Engraving and Printing, in the Washington, DC 
        Metropolitan area, extends to buildings and land under the 
        custody and control of the Bureau; to buildings and land 
        acquired by or for the Bureau through lease, unless otherwise 
        provided by the acquisition agency; to the streets, sidewalks 
        and open areas immediately adjacent to the Bureau along 
        Wallenberg Place (15th Street) and 14th Street between 
        Independence and Maine Avenues and C and D Streets between 12th 
        and 14th Streets; to areas which include surrounding parking 
        facilities used by Bureau employees, including the lots at 12th 
        and C Streets, SW, Maine Avenue and Water Streets, SW, Maiden 
        Lane, the Tidal Basin and East Potomac Park; to the protection 
        in transit of United States securities, plates and dies used in 
        the production of United States securities, or other products 
        or implements of the Bureau of Engraving and Printing which the 
        Director of that agency so designates.
            (2) The authority of the special police officers of the 
        United States Mint extends to the buildings and land under the 
        custody and control of the Mint; to the streets, sidewalks and 
        open areas in the vicinity to such facilities; to surrounding 
        parking facilities used by Mint employees; and to the 
        protection in transit of bullion, coins, dies, and other 
        property and assets of, or in the custody of, the Mint.
            (3) The exercise of police authority by Bureau or Mint 
        officers, with the exception of the exercise of authority upon 
        property under the custody and control of the Bureau or the 
        Mint, respectively, shall be deemed supplementary to the 
        Federal police force with primary jurisdictional 
        responsibility. This authority shall be in addition to any 
        other law enforcement authority which has been provided to 
        these officers under other provisions of law or regulations.
    Sec. 518. No funds appropriated by this Act shall be available to 
pay for an abortion, or the administrative expenses in connection with 
any health plan under the Federal employees health benefit program 
which provides any benefits or coverage for abortions.
    Sec. 519. The provision of section 518 shall not apply where the 
life of the mother would be endangered if the fetus were carried to 
term, or the pregnancy is the result of an act of rape or incest.
    Sec. 520. No part of any appropriation made available in this Act 
shall be used to implement Bureau of Alcohol, Tobacco and Firearms 
Ruling TD ATF-360; Re: Notice Nos. 782, 780, 91F009P.
    Sec. 521. Notwithstanding title 5, United States Code, Personal 
Service Contractors (PSC) employed by the Department of the Treasury 
shall be considered as Federal Government employees for purposes of 
making available Federal employee health and life insurance.
          Sec. 522. Section 5131 of title 31, United States Code, is 
amended by striking subsection (c); and by redesignating subsection (d) 
as subsection (c).
    Sec. 523. Section 5112(i)(4) of title 31, United States Code, is 
amended by adding at the end the following new subparagraph:
    ``(C) The Secretary may continue to mint and issue coins in 
accordance with the specifications contained in paragraphs (7), (8), 
(9), and (10) of subsection (a) and paragraph (1)(A) of this subsection 
at the same time the Secretary in minting and issuing other bullion and 
proof gold coins under this subsection in accordance with such program 
procedures and coin specifications, designs, varieties, quantities, 
denominations, and inscriptions as the Secretary, in the Secretary's 
discretion, may prescribe from time to time.'': Provided, That profits 
generated from the sale of gold to the United States Mint for this 
program shall be considered as a receipt to be deposited into the 
General Fund of the Treasury.
    Sec. 524. Section 5112 of title 31, United States Code, is amended 
by adding at the end the following new subsection:
    ``(k) The Secretary may mint and issue bullion and proof platinum 
coins in accordance with such specifications, designs, varieties, 
quantities, denominations, and inscriptions as the Secretary, in the 
Secretary's discretion, may prescribe from time to time.'': Provided, 
That the Secretary is authorized to use Government platinum reserves 
stockpiled at the United States Mint as working inventory and shall 
ensure that reserves utilized are replaced by the Mint.
    Sec. 526. (a) Reimbursement of Certain Attorney Fees and Costs.--
            (1) In general.--The Secretary of the Treasury shall pay 
        from amounts appropriated in title I of this Act under the 
        heading, ``Departmental Offices, Salaries and Expenses'', up to 
        $500,000 to reimburse former employees of the White House 
        Travel Office whose employment in that Office was terminated on 
        May 19, 1993, for any attorney fees and costs they incurred 
        with respect to that termination.
            (2) Verification required.--The Secretary shall pay an 
        individual in full under paragraph (1) upon submission by the 
        individual of documentation verifying the attorney fees and 
        costs.
            (3) No inference of liability.--Liability of the United 
        States shall not be inferred from enactment of or payment under 
        this subsection.
    (b) Limitation on Filing of Claims.--The Secretary of the Treasury 
shall not pay any claim filed under this section that is filed later 
than 120 days after the date of the enactment of this Act.
    (c) Limitation.--Payments under subsection (a) shall not include 
attorney fees or costs incurred with respect to any Congressional 
hearing or investigation into the termination of employment of the 
former employees of the White House Travel Office.
    (d) Reduction.--The amount paid pursuant to this section to an 
individual for attorney fees and costs described in subsection (a) 
shall be reduced by any amount received before the date of the 
enactment of this Act, without obligation for repayment by the 
individual, for payment of such attorney fees and costs (including any 
amount received from the funds appropriated for the individual in the 
matter relating to the ``Office of the General Counsel'' under the 
heading ``Office of the Secretary'' in title I of the Department of 
Transportation and Related Agencies Appropriations Act, 1994).
    (e) Payment in Full Settlement of Claims Against the United 
States.--Payment under this section, when accepted by an individual 
described in subsection (a), shall be in full satisfaction of all 
claims of, or on behalf of, the individual against the United States 
that arose out of the termination of the White House Travel Office 
employment of that individual on May 19, 1993.
    Sec. 527. None of the funds made available in this Act may be used 
by the Executive Office of the President to request from the Federal 
Bureau of Investigation any official background investigation report on 
any individual, except when it is made known to the Federal official 
having authority to obligate or expend such funds that--
            (1) such individual has given his or her express written 
        consent for such request not more than 6 months prior to the 
        date of such request and during the same presidential 
        administration; or
            (2) such request is required due to extraordinary 
        circumstances involving national security.
    Sec. 528. (a) Closing of Alley.--The alley bisecting the property 
on which a facility is being constructed for use by the United States 
Government at 930 H Street, N.W., Washington, District of Columbia, is 
closed to the public, without regard to any contingencies.
    (b) Jurisdiction.--The Administrator of General Services shall have 
administrative jurisdiction over, and shall hold title on behalf of the 
United States in, the alley, property, and facility referred to in 
subsection (a).
    Sec. 529. (a) Commemorative Coin Program Restrictions.--Section 
5112 of title 31, United States Code, as amended by sections 524 and 
530 of this Act, is amended by adding at the end the following new 
subsection:
    ``(m) Commemorative Coin Program Restrictions.--
            ``(1) Maximum number.--Beginning January 1, 1999, the 
        Secretary may mint and issue commemorative coins under this 
        section during any calendar year with respect to not more than 
        2 commemorative coin programs.
            ``(2) Mintage levels.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), in carrying out any commemorative 
                coin program, the Secretary shall mint--
                            ``(i) not more than 750,000 clad half-
                        dollar coins;
                            ``(ii) not more than 500,000 silver one-
                        dollar coins; and
                            ``(iii) not more than 100,000 gold five-
                        dollar or ten-dollar coins.
                    ``(B) Exception.--If the Secretary determines, 
                based on independent, market-based research conducted 
                by a designated recipient organization of a 
                commemorative coin program, that the mintage levels 
                described in subparagraph (A) are not adequate to meet 
                public demand for that commemorative coin, the 
                Secretary may waive one or more of the requirements of 
                subparagraph (A) with respect to that commemorative 
                coin program.
                    ``(C) Designated recipient organization defined.--
                For purposes of this paragraph, the term `designated 
                recipient organization' means any organization 
                designated, under any provision of law, as the 
                recipient of any surcharge imposed on the sale of any 
                numismatic item.''.
    (b) Recovery of Mint Expenses Required Before Payment of Surcharges 
to any Recipient Organization.--
            (1) Clarification of law relating to deposit of surcharges 
        in the numismatic public enterprise fund.--Section 5134(c)(2) 
        of title 31, United States Code, is amended by inserting ``, 
        including amounts attributable to any surcharge imposed with 
        respect to the sale of any numismatic item'' before the period.
            (2) Conditions on payment of surcharges to recipient 
        organizations.--Section 5134 of title 31, United States Code, 
        is amended by adding at the end the following new subsection:
    ``(f) Conditions on Payment of Surcharges to Recipient 
Organizations.--
            ``(1) Payment of surcharges.--Notwithstanding any other 
        provision of law, no amount derived from the proceeds of any 
        surcharge imposed on the sale of any numismatic item shall be 
        paid from the fund to any designated recipient organization 
        unless--
                    ``(A) all numismatic operation and program costs 
                allocable to the program under which such numismatic 
                item is produced and sold have been recovered; and
                    ``(B) the designated recipient organization submits 
                an audited financial statement that demonstrates to the 
                satisfaction of the Secretary of the Treasury that, 
                with respect to all projects or purposes for which the 
                proceeds of such surcharge may be used, the 
                organization has raised funds from private sources for 
                such projects and purposes in an amount that is equal 
                to or greater than the maximum amount the organization 
                may receive from the proceeds of such surcharge.
            ``(2) Annual audits.--
                    ``(A) Annual audits of recipients required.--Each 
                designated recipient organization that receives any 
                payment from the fund of any amount derived from the 
                proceeds of any surcharge imposed on the sale of any 
                numismatic item shall provide, as a condition for 
                receiving any such amount, for an annual audit, in 
                accordance with generally accepted government auditing 
                standards by an independent public accountant selected 
                by the organization, of all such payments to the 
                organization beginning in the first fiscal year of the 
                organization in which any such amount is received and 
                continuing until all amounts received by such 
                organization from the fund with respect to such 
                surcharges are fully expended or placed in trust.
                    ``(B) Minimum requirements for annual audits.--At a 
                minimum, each audit of a designated recipient 
                organization pursuant to subparagraph (A) shall 
                report--
                            ``(i) the amount of payments received by 
                        the designated recipient organization from the 
                        fund during the fiscal year of the organization 
                        for which the audit is conducted that are 
                        derived from the proceeds of any surcharge 
                        imposed on the sale of any numismatic item;
                            ``(ii) the amount expended by the 
                        designated recipient organization from the 
                        proceeds of such surcharges during the fiscal 
                        year of the organization for which the audit is 
                        conducted; and
                            ``(iii) whether all expenditures by the 
                        designated recipient organization during the 
                        fiscal year of the organization for which the 
                        audit is conducted from the proceeds of such 
                        surcharges were for authorized purposes.
                    ``(C) Responsibility of organization to account for 
                expenditures of surcharges.--Each designated recipient 
                organization that receives any payment from the fund of 
                any amount derived from the proceeds of any surcharge 
                imposed on the sale of any numismatic item shall take 
                appropriate steps, as a condition for receiving any 
                such payment, to ensure that the receipt of the payment 
                and the expenditure of the proceeds of such surcharge 
                by the organization in each fiscal year of the 
                organization can be accounted for separately from all 
                other revenues and expenditures of the organization.
                    ``(D) Submission of audit report.--Not later than 
                90 days after the end of any fiscal year of a 
                designated recipient organization for which an audit is 
                required under subparagraph (A), the organization 
                shall--
                            ``(i) submit a copy of the report to the 
                        Secretary of the Treasury; and
                            ``(ii) make a copy of the report available 
                        to the public.
                    ``(E) Use of surcharges for audits.--Any designated 
                recipient organization that receives any payment from 
                the fund of any amount derived from the proceeds of any 
                surcharge imposed on the sale of any numismatic item 
                may use the amount received to pay the cost of an audit 
                required under subparagraph (A).
                    ``(F) Waiver of paragraph.--The Secretary of the 
                Treasury may waive the application of any subparagraph 
                of this paragraph to any designated recipient 
                organization for any fiscal year after taking into 
                account the amount of surcharges that such organization 
                received or expended during such year.
                    ``(G) Nonapplicability to federal entities.--This 
                paragraph shall not apply to any Federal agency or 
                department or any independent establishment in the 
                executive branch that receives any payment from the 
                fund of any amount derived from the proceeds of any 
                surcharge imposed on the sale of any numismatic item.
                    ``(H) Availability of books and records.--An 
                organization that receives any payment from the fund of 
                any amount derived from the proceeds of any surcharge 
                imposed on the sale of any numismatic item shall 
                provide, as a condition for receiving any such payment, 
                to the Inspector General of the Department of the 
                Treasury or the Comptroller General of the United 
                States, upon the request of such Inspector General or 
                the Comptroller General, all books, records, and work 
                papers belonging to or used by the organization, or by 
                any independent public accountant who audited the 
                organization in accordance with subparagraph (A), which 
                may relate to the receipt or expenditure of any such 
                amount by the organization.
            ``(3) Use of agents or attorneys to influence commemorative 
        coin legislation.--No portion of any payment from the fund to 
        any designated recipient organization of any amount derived 
        from the proceeds of any surcharge imposed on the sale of any 
        numismatic item may be used, directly or indirectly, by the 
        organization to compensate any agent or attorney for services 
        rendered to support or influence in any way legislative action 
        of the Congress relating to such numismatic item.
            ``(4) Designated recipient organization defined.--For 
        purposes of this subsection, the term `designated recipient 
        organization' means any organization designated, under any 
        provision of law, as the recipient of any surcharge imposed on 
        the sale of any numismatic item.''.
            (3) Scope of application.--The amendments made by this 
        section shall apply with respect to the proceeds of any 
        surcharge imposed on the sale of any numismatic item that are 
        deposited in the Numismatic Public Enterprise Fund after the 
        date of the enactment of this Act.
            (4) Repeal of existing recipient report requirement.--
        Section 303 of Public Law 103-186 (31 U.S.C. 5112 note) is 
        repealed.
    (c) Quarterly Financial Reports.--Section 5134 of title 31, United 
States Code, is amended by adding at the end the following new 
subsection:
    ``(g) Quarterly Financial Reports.--
            ``(1) In general.--Not later than the 30th day of each 
        month following each calendar quarter through and including the 
        final period of sales with respect to any commemorative coin 
        program authorized on or after the date of enactment of the 
        Treasury, Postal Service, and General Government Appropriations 
        Act, 1997, the Mint shall submit to the Congress a quarterly 
        financial report in accordance with this subsection.
            ``(2) Requirements.--Each report submitted under paragraph 
        (1) shall include, with respect to the calendar quarter at 
        issue--
                    ``(A) a detailed financial statement, prepared in 
                accordance with generally accepted accounting 
                principles, that includes financial information 
                specific to that quarter, as well as cumulative 
                financial information relating to the entire program;
                    ``(B) a detailed accounting of--
                            ``(i) all costs relating to marketing 
                        efforts;
                            ``(ii) all funds projected for marketing 
                        use;
                            ``(iii) all costs for employee travel 
                        relating to the promotion of commemorative coin 
                        programs;
                            ``(iv) all numismatic items minted, sold, 
                        not sold, and rejected during the production 
                        process; and
                            ``(v) the costs of melting down all 
                        rejected and unsold products;
                    ``(C) adequate market-based research for all 
                commemorative coin programs; and
                    ``(D) a description of the efforts of the Mint in 
                keeping the sale price of numismatic items as low as 
                practicable.''.
    (d) Citizens Commemorative Coin Advisory Committee.--
            (1) Fixed terms for members.--Section 5135(a)(4) of title 
        31, United States Code, is amended to read as follows:
            ``(4) Terms.--Each member appointed under clause (i) or 
        (iii) of paragraph (3)(A) shall be appointed for a term of 4 
        years.''.
            (2) Chairperson.--Section 5135(a) of title 31, United 
        States Code, is amended by adding at the end the following new 
        paragraph:
            ``(7) Chairperson.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                Chairperson of the Advisory Committee shall be elected 
                by the members of the Advisory Committee from among 
                such members.
                    ``(B) Exception.--The member appointed pursuant to 
                paragraph (3)(A)(ii) (or the alternate to that member) 
                may not serve as the Chairperson of the Advisory 
                Committee, beginning on June 1, 1999.''.
    (e) Effective Date.--This section and the amendments made by this 
section shall take effect on the date of enactment of this Act.

                      TITLE VI--GENERAL PROVISIONS

                Departments, Agencies, and Corporations

    Section  601. Funds appropriated in this or any other Act may be 
used to pay travel to the United States for the immediate family of 
employees serving abroad in cases of death or life threatening illness 
of said employee.
    Sec. 602. No department, agency, or instrumentality of the United 
States receiving appropriated funds under this or any other Act for 
fiscal year 1997 shall obligate or expend any such funds, unless such 
department, agency, or instrumentality has in place, and will continue 
to administer in good faith, a written policy designed to ensure that 
all of its workplaces are free from the illegal use, possession, or 
distribution of controlled substances (as defined in the Controlled 
Substances Act) by the officers and employees of such department, 
agency, or instrumentality.
    Sec. 603. Notwithstanding 31 U.S.C. 1345, any agency, department or 
instrumentality of the United States which provides or proposes to 
provide child care services for Federal employees may reimburse any 
Federal employee or any person employed to provide such services for 
travel, transportation, and subsistence expenses incurred for training 
classes, conferences or other meetings in connection with the provision 
of such services: Provided, That any per diem allowance made pursuant 
to this section shall not exceed the rate specified in regulations 
prescribed pursuant to section 5707 of title 5, United States Code.
    Sec. 604. Unless otherwise specifically provided, the maximum 
amount allowable during the current fiscal year in accordance with 
section 16 of the Act of August 2, 1946 (60 Stat. 810), for the 
purchase of any passenger motor vehicle (exclusive of buses, 
ambulances, law enforcement, and undercover surveillance vehicles), is 
hereby fixed at $8,100 except station wagons for which the maximum 
shall be $9,100: Provided, That these limits may be exceeded by not to 
exceed $3,700 for police-type vehicles, and by not to exceed $4,000 for 
special heavy-duty vehicles: Provided further, That the limits set 
forth in this section may not be exceeded by more than 5 percent for 
electric or hybrid vehicles purchased for demonstration under the 
provisions of the Electric and Hybrid Vehicle Research, Development, 
and Demonstration Act of 1976: Provided further, That the limits set 
forth in this section may be exceeded by the incremental cost of clean 
alternative fuels vehicles acquired pursuant to Public Law 101-549 over 
the cost of comparable conventionally fueled vehicles.
    Sec. 605. Appropriations of the executive departments and 
independent establishments for the current fiscal year available for 
expenses of travel or for the expenses of the activity concerned, are 
hereby made available for quarters allowances and cost-of-living 
allowances, in accordance with 5 U.S.C. 5922-24.
    Sec. 606. Unless otherwise specified during the current fiscal 
year, no part of any appropriation contained in this or any other Act 
shall be used to pay the compensation of any officer or employee of the 
Government of the United States (including any agency the majority of 
the stock of which is owned by the Government of the United States) 
whose post of duty is in the continental United States unless such 
person (1) is a citizen of the United States, (2) is a person in the 
service of the United States on the date of enactment of this Act who, 
being eligible for citizenship, has filed a declaration of intention to 
become a citizen of the United States prior to such date and is 
actually residing in the United States, (3) is a person who owes 
allegiance to the United States, (4) is an alien from Cuba, Poland, 
South Vietnam, the countries of the former Soviet Union, or the Baltic 
countries lawfully admitted to the United States for permanent 
residence, (5) is a South Vietnamese, Cambodian, or Laotian refugee 
paroled in the United States after January 1, 1975, or (6) is a 
national of the People's Republic of China who qualifys for adjustment 
of status pursuant to the Chinese Student Protection Act of 1992: 
Provided, That for the purpose of this section, an affidavit signed by 
any such person shall be considered prima facie evidence that the 
requirements of this section with respect to his or her status have 
been complied with: Provided further, That any person making a false 
affidavit shall be guilty of a felony, and, upon conviction, shall be 
fined no more than $4,000 or imprisoned for not more than 1 year, or 
both: Provided further, That the above penal clause shall be in 
addition to, and not in substitution for, any other provisions of 
existing law: Provided further, That any payment made to any officer or 
employee contrary to the provisions of this section shall be 
recoverable in action by the Federal Government. This section shall not 
apply to citizens of Ireland, Israel, or the Republic of the 
Philippines, or to nationals of those countries allied with the United 
States in the current defense effort, or to international broadcasters 
employed by the United States Information Agency, or to temporary 
employment of translators, or to temporary employment in the field 
service (not to exceed 60 days) as a result of emergencies.
    Sec. 607. Appropriations available to any department or agency 
during the current fiscal year for necessary expenses, including 
maintenance or operating expenses, shall also be available for payment 
to the General Services Administration for charges for space and 
services and those expenses of renovation and alteration of buildings 
and facilities which constitute public improvements performed in 
accordance with the Public Buildings Act of 1959 (73 Stat. 749), the 
Public Buildings Amendments of 1972 (87 Stat. 216), or other applicable 
law.
    Sec. 608. In addition to funds provided in this or any other Act, 
all Federal agencies are authorized to receive and use funds resulting 
from the sale of materials, including Federal records disposed of 
pursuant to a records schedule recovered through recycling or waste 
prevention programs. Such funds shall be available until expended for 
the following purposes:
            (1) Acquisition, waste reduction and prevention, and 
        recycling programs as described in Executive Order 12873 
        (October 20, 1993), including any such programs adopted prior 
        to the effective date of the Executive Order.
            (2) Other Federal agency environmental management programs, 
        including, but not limited to, the development and 
        implementation of hazardous waste management and pollution 
        prevention programs.
            (3) Other employee programs as authorized by law or as 
        deemed appropriate by the head of the Federal agency.
    Sec. 609. Funds made available by this or any other Act for 
administrative expenses in the current fiscal year of the corporations 
and agencies subject to chapter 91 of title 31, United States Code, 
shall be available, in addition to objects for which such funds are 
otherwise available, for rent in the District of Columbia; services in 
accordance with 5 U.S.C. 3109; and the objects specified under this 
head, all the provisions of which shall be applicable to the 
expenditure of such funds unless otherwise specified in the Act by 
which they are made available: Provided, That in the event any 
functions budgeted as administrative expenses are subsequently 
transferred to or paid from other funds, the limitations on 
administrative expenses shall be correspondingly reduced.
    Sec. 610. No part of any appropriation for the current fiscal year 
contained in this or any other Act shall be paid to any person for the 
filling of any position for which he or she has been nominated after 
the Senate has voted not to approve the nomination of said person.
    Sec. 611. For the fiscal year ending September 30, 1997, and 
thereafter, any department or agency to which the Administrator of 
General Services has delegated the authority to operate, maintain or 
repair any building or facility pursuant to section 205(d) of the 
Federal Property and Administrative Services Act of 1949, as amended, 
shall retain that portion of the GSA rental payment available for 
operation, maintenance or repair of the building or facility, as 
determined by the Administrator, and expend such funds directly for the 
operation, maintenance or repair of the building or facility. Any funds 
retained under this section shall remain available until expended for 
such purposes.
    Sec. 612. (a) In General.--Section 1306 of title 31, United States 
Code, is amended to read as follows:
``Sec. 1306. Use of foreign credits
    ``(a) In General.--Foreign credits (including currencies) owed to 
or owned by the United States may be used by any agency for any purpose 
for which appropriations are made for the agency for the current fiscal 
year (including the carrying out of Acts requiring or authorizing the 
use of such credits), but only when reimbursement therefor is made to 
the Treasury from applicable appropriations of the agency.
    ``(b) Exception to Reimbursement Requirement.--Credits described in 
subsection (a) that are received as exchanged allowances, or as the 
proceeds of the sale of personal property, may be used in whole or 
partial payment for the acquisition of similar items, to the extent and 
in the manner authorized by law, without reimbursement to the 
Treasury.''.
    (b) Applicability.--The amendment made by this section shall take 
effect on the date of the enactment of this Act and shall apply 
thereafter.
    Sec. 613. No part of any appropriation contained in this or any 
other Act shall be available for interagency financing of boards 
(except Federal Executive Boards), commissions, councils, committees, 
or similar groups (whether or not they are interagency entities) which 
do not have a prior and specific statutory approval to receive 
financial support from more than one agency or instrumentality.
    Sec. 614. Funds made available by this or any other Act to the 
``Postal Service Fund'' (39 U.S.C. 2003) shall be available for 
employment of guards for all buildings and areas owned or occupied by 
the Postal Service and under the charge and control of the Postal 
Service, and such guards shall have, with respect to such property, the 
powers of special policemen provided by the first section of the Act of 
June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318), and, as to 
property owned or occupied by the Postal Service, the Postmaster 
General may take the same actions as the Administrator of General 
Services may take under the provisions of sections 2 and 3 of the Act 
of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318a, 318b), 
attaching thereto penal consequences under the authority and within the 
limits provided in section 4 of the Act of June 1, 1948, as amended (62 
Stat. 281; 40 U.S.C. 318c).
    Sec. 615. None of the funds made available pursuant to the 
provisions of this Act shall be used to implement, administer, or 
enforce any regulation which has been disapproved pursuant to a 
resolution of disapproval duly adopted in accordance with the 
applicable law of the United States.
    Sec. 616. (a) Notwithstanding any other provision of law, and 
except as otherwise provided in this section, no part of any of the 
funds appropriated for the fiscal year ending on September 30, 1997, by 
this or any other Act, may be used to pay any prevailing rate employee 
described in section 5342(a)(2)(A) of title 5, United States Code--
            (1) during the period from the date of expiration of the 
        limitation imposed by section 616 of the Treasury, Postal 
        Service and General Government Appropriations Act, 1996, until 
        the normal effective date of the applicable wage survey 
        adjustment that is to take effect in fiscal year 1997, in an 
        amount that exceeds the rate payable for the applicable grade 
        and step of the applicable wage schedule in accordance with 
        such section 616; and
            (2) during the period consisting of the remainder of fiscal 
        year 1997, in an amount that exceeds, as a result of a wage 
        survey adjustment, the rate payable under paragraph (1) by more 
        than the sum of--
                    (A) the percentage adjustment taking effect in 
                fiscal year 1997 under section 5303 of title 5, United 
                States Code, in the rates of pay under the General 
                Schedule; and
                    (B) the difference between the overall average 
                percentage of the locality-based comparability payments 
                taking effect in fiscal year 1997 under section 5304 of 
                such title (whether by adjustment or otherwise), and 
                the overall average percentage of such payments which 
                was effective in fiscal year 1996 under such section.
    (b) Notwithstanding any other provision of law, no prevailing rate 
employee described in subparagraph (B) or (C) of section 5342(a)(2) of 
title 5, United States Code, and no employee covered by section 5348 of 
such title, may be paid during the periods for which subsection (a) is 
in effect at a rate that exceeds the rates that would be payable under 
subsection (a) were subsection (a) applicable to such employee.
    (c) For the purposes of this section, the rates payable to an 
employee who is covered by this section and who is paid from a schedule 
not in existence on September 30, 1996, shall be determined under 
regulations prescribed by the Office of Personnel Management.
    (d) Notwithstanding any other provision of law, rates of premium 
pay for employees subject to this section may not be changed from the 
rates in effect on September 30, 1996, except to the extent determined 
by the Office of Personnel Management to be consistent with the purpose 
of this section.
    (e) This section shall apply with respect to pay for service 
performed after September 30, 1996.
    (f) For the purpose of administering any provision of law 
(including section 8431 of title 5, United States Code, and any rule or 
regulation that provides premium pay, retirement, life insurance, or 
any other employee benefit) that requires any deduction or 
contribution, or that imposes any requirement or limitation on the 
basis of a rate of salary or basic pay, the rate of salary or basic pay 
payable after the application of this section shall be treated as the 
rate of salary or basic pay.
    (g) Nothing in this section shall be considered to permit or 
require the payment to any employee covered by this section at a rate 
in excess of the rate that would be payable were this section not in 
effect.
    (h) The Office of Personnel Management may provide for exceptions 
to the limitations imposed by this section if the Office determines 
that such exceptions are necessary to ensure the recruitment or 
retention of qualified employees.
    Sec. 617. During the period in which the head of any department or 
agency, or any other officer or civilian employee of the Government 
appointed by the President of the United States, holds office, no funds 
may be obligated or expended in excess of $5,000 to furnish or 
redecorate the office of such department head, agency head, officer or 
employee, or to purchase furniture or make improvements for any such 
office, unless advance notice of such furnishing or redecoration is 
expressly approved by the Committees on Appropriations of the House and 
Senate. For the purposes of this section, the word ``office'' shall 
include the entire suite of offices assigned to the individual, as well 
as any other space used primarily by the individual or the use of which 
is directly controlled by the individual.
    Sec. 618. Notwithstanding any other provision of law, no executive 
branch agency shall purchase, construct, and/or lease any additional 
facilities, except within or contiguous to existing locations, to be 
used for the purpose of conducting Federal law enforcement training 
without the advance approval of the House and Senate Committees on 
Appropriations.
    Sec. 619. Notwithstanding section 1346 of title 31, United States 
Code, or section 613 of this Act, funds made available for fiscal year 
1997 by this or any other Act shall be available for the interagency 
funding of national security and emergency preparedness 
telecommunications initiatives which benefit multiple Federal 
departments, agencies, or entities, as provided by Executive Order 
Numbered 12472 (April 3, 1984).
    Sec. 620. (a) None of the funds appropriated by this or any other 
Act may be obligated or expended by any Federal department, agency, or 
other instrumentality for the salaries or expenses of any employee 
appointed to a position of a confidential or policy-determining 
character excepted from the competitive service pursuant to section 
3302 of title 5, United States Code, without a certification to the 
Office of Personnel Management from the head of the Federal department, 
agency, or other instrumentality employing the Schedule C appointee 
that the Schedule C position was not created solely or primarily in 
order to detail the employee to the White House.
    (b) The provisions of this section shall not apply to Federal 
employees or members of the armed services detailed to or from--
            (1) the Central Intelligence Agency;
            (2) the National Security Agency;
            (3) the Defense Intelligence Agency;
            (4) the offices within the Department of Defense for the 
        collection of specialized national foreign intelligence through 
        reconnaissance programs;
            (5) the Bureau of Intelligence and Research of the 
        Department of State;
            (6) any agency, office, or unit of the Army, Navy, Air 
        Force, and Marine Corps, the Federal Bureau of Investigation 
        and the Drug Enforcement Administration of the Department of 
        Justice, the Department of Transportation, the Department of 
        the Treasury, and the Department of Energy performing 
        intelligence functions; and
            (7) the Director of Central Intelligence.
    Sec. 621. No department, agency, or instrumentality of the United 
States receiving appropriated funds under this or any other Act for 
fiscal year 1997 shall obligate or expend any such funds, unless such 
department, agency or instrumentality has in place, and will continue 
to administer in good faith, a written policy designed to ensure that 
all of its workplaces are free from discrimination and sexual 
harassment and that all of its workplaces are not in violation of title 
VII of the Civil Rights Act of 1964, as amended, the Age Discrimination 
in Employment Act of 1967, and the Rehabilitation Act of 1973.
    Sec. 622. No part of any appropriation contained in this Act may be 
used to pay for the expenses of travel of employees, including 
employees of the Executive Office of the President, not directly 
responsible for the discharge of official governmental tasks and 
duties: Provided, That this restriction shall not apply to the family 
of the President, Members of Congress or their spouses, Heads of State 
of a foreign country or their designees, persons providing assistance 
to the President for official purposes, or other individuals so 
designated by the President.
    Sec. 623. Notwithstanding any provision of law, the President, or 
his designee, must certify to Congress, annually, that no person or 
persons with direct or indirect responsibility for administering the 
Executive Office of the President's Drug-Free Workplace Plan are 
themselves subject to a program of individual random drug testing.
    Sec. 624. (a) None of the funds made available in this Act or any 
other Act may be obligated or expended for any employee training when 
it is made known to the Federal official having authority to obligate 
or expend such funds that such employee training--
            (1) does not meet identified needs for knowledge, skills, 
        and abilities bearing directly upon the performance of official 
        duties;
            (2) contains elements likely to induce high levels of 
        emotional response or psychological stress in some 
        participants;
            (3) does not require prior employee notification of the 
        content and methods to be used in the training and written end 
        of course evaluation;
            (4) contains any methods or content associated with 
        religious or quasi-religious belief systems or ``new age'' 
        belief systems as defined in Equal Employment Opportunity 
        Commission Notice N-915.022, dated September 2, 1988;
            (5) is offensive to, or designed to change, participants' 
        personal values or lifestyle outside the workplace; or
            (6) includes content related to human immunodeficiency 
        virus/acquired immune deficiency syndrome (HIV/AIDS) other than 
        that necessary to make employees more aware of the medical 
        ramifications of HIV/AIDS and the workplace rights of HIV-
        positive employees.
     (b) Nothing in this section shall prohibit, restrict, or otherwise 
preclude an agency from conducting training bearing directly upon the 
performance of official duties.
    Sec. 625. No funds appropriated in this or any other Act for fiscal 
year 1997 may be used to implement or enforce the agreements in 
Standard Forms 312 and 4355 of the Government or any other 
nondisclosure policy, form, or agreement if such policy, form, or 
agreement does not contain the following provisions: ``These 
restrictions are consistent with and do not supersede, conflict with, 
or otherwise alter the employee obligations, rights, or liabilities 
created by Executive Order 12356; section 7211 of title 5, United 
States Code (governing disclosures to Congress); section 1034 of title 
10, United States Code, as amended by the Military Whistleblower 
Protection Act (governing disclosure to Congress by members of the 
military); section 2302(b)(8) of title 5, United States Code, as 
amended by the Whistleblower Protection Act (governing disclosures of 
illegality, waste, fraud, abuse or public health or safety threats); 
the Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 et 
seq.) (governing disclosures that could expose confidential Government 
agents); and the statutes which protect against disclosure that may 
compromise the national security, including sections 641, 793, 794, 
798, and 952 of title 18, United States Code, and section 4(b) of the 
Subversive Activities Act of 1950 (50 U.S.C. section 783(b)). The 
definitions, requirements, obligations, rights, sanctions, and 
liabilities created by said Executive Order and listed statutes are 
incorporated into this agreement and are controlling.'': Provided, That 
notwithstanding the preceding paragraph, a nondisclosure policy form or 
agreement that is to be executed by a person connected with the conduct 
of an intelligence or intelligence-related activity, other than an 
employee or officer of the United States Government, may contain 
provisions appropriate to the particular activity for which such 
document is to be used. Such form or agreement shall, at a minimum, 
require that the person will not disclose any classified information 
received in the course of such activity unless specifically authorized 
to do so by the United States Government. Such nondisclosure forms 
shall also make it clear that they do not bar disclosures to Congress 
or to an authorized official of an executive agency or the Department 
of Justice that are essential to reporting a substantial violation of 
law.
    Sec. 626. (a) None of the funds appropriated by this or any other 
Act may be expended by any Federal Agency to procure any product or 
service subject to section 5124 of Public Law 104-106 and that will be 
available under the procurement by the Administrator of General 
Services known as ``FTS2000'' unless--
            (1) such product or service is procured by the 
        Administrator of General Services as part of the procurement 
        known as ``FTS2000''; or
            (2) that agency establishes to the satisfaction of the 
        Administrator of General Services that--
                    (A) that agency's requirements for such procurement 
                are unique and cannot be satisfied by property and 
                service procured by the Administrator of General 
                Services as part of the procurement known as 
                ``FTS2000''; and
                    (B) the agency procurement, pursuant to such 
                delegation, would be cost-effective and would not 
                adversely affect the cost-effectiveness of the FTS2000 
                procurement.
    (b) After December 31, 1998, subsection (a) shall apply only if the 
Administrator of General Services has reported that the FTS2000 
procurement is producing prices that allow the Government to satisfy 
its requirements for such procurement in the most cost-effective 
manner.
    Sec. 627. Subsection (f) of section 403 of Public Law 103-356 is 
amended by deleting ``October 1, 1999'' and inserting ``October 1, 
2001''.
    Sec. 628. (a) In General.--Notwithstanding any other provision of 
law, none of the funds made available by this Act for the Department of 
the Treasury shall be available for any activity or for paying the 
salary of any Government employee where funding an activity or paying a 
salary to a Government employee would result in a decision, 
determination, rule, regulation, or policy that would permit the 
Secretary of the Treasury to make any loan or extension of credit under 
section 5302 of title 31, United States Code, with respect to a single 
foreign entity or government of a foreign country (including agencies 
or other entities of that government)--
            (1) with respect to a loan or extension of credit for more 
        than 60 days, unless the President certifies to the Committee 
        on Banking, Housing, and Urban Affairs of the Senate and the 
        Committee on Banking and Financial Services of the House of 
        Representatives that--
                    (A) there is no projected cost (as that term is 
                defined in section 502 of the Federal Credit Reform Act 
                of 1990) to the United States from the proposed loan or 
                extension of credit; and
                    (B) any proposed obligation or expenditure of 
                United States funds to or on behalf of the foreign 
                government is adequately backed by an assured source of 
                repayment to ensure that all United States funds will 
                be repaid; and
            (2) other than as provided by an Act of Congress, if that 
        loan or extension of credit would result in expenditures and 
        obligations, including contingent obligations, aggregating more 
        than $1,000,000,000 with respect to that foreign country for 
        more than 180 days during the 12-month period beginning on the 
        date on which the first such action is taken.
    (b) Waiver of Limitations.--The President may exceed the dollar and 
time limitations in subsection (a)(2) if he certifies in writing to the 
Congress that a financial crisis in that foreign country poses a threat 
to vital United States economic interests or to the stability of the 
international financial system.
    (c) Expedited Procedures for a Resolution of Disapproval.--A 
presidential certification pursuant to subsection (b) shall not take 
effect, if the Congress, within 30 calendar days after receiving such 
certification, enacts a joint resolution of disapproval, as described 
in paragraph (5) of this subsection.
            (1) Reference to committees.--All joint resolutions 
        introduced in the Senate to disapprove the certification shall 
        be referred to the Committee on Banking, Housing, and Urban 
        Affairs, and in the House of Representatives, to the 
        appropriate committees.
            (2) Discharge of committees.--(A) If the committee of 
        either House to which a resolution has been referred has not 
        reported it at the end of 15 days after its introduction, it is 
        in order to move either to discharge the committee from further 
        consideration of the joint resolution or to discharge the 
        committee from further consideration of any other resolution 
        introduced with respect to the same matter, except no motion to 
        discharge shall be in order after the committee has reported a 
        joint resolution with respect to the same matter.
            (B) A motion to discharge may be made only by an individual 
        favoring the resolution, and is privileged in the Senate; and 
        debate thereon shall be limited to not more than 1 hour, the 
        time to be divided in the Senate equally between, and 
        controlled by, the majority leader and the minority leader or 
        their designees.
            (3) Floor consideration in the senate.--(A) A motion in the 
        Senate to proceed to the consideration of a resolution shall be 
        privileged.
            (B) Debate in the Senate on a resolution, and all debatable 
        motions and appeals in connection therewith, shall be limited 
        to not more than 4 hours, to be equally divided between, and 
        controlled by, the majority leader and the minority leader or 
        their designees.
            (C) Debate in the Senate on any debatable motion or appeal 
        in connection with a resolution shall be limited to not more 
        than 20 minutes, to be equally divided between, and controlled 
        by, the mover and the manager of the resolution, except that in 
        the event the manager of the resolution is in favor of any such 
        motion or appeal, the time in opposition thereto, shall be 
        controlled by the minority leader or his designee. Such 
        leaders, or either of them, may, from time under their control 
        on the passage of a resolution, allot additional time to any 
        Senator during the consideration of any debatable motion or 
        appeal.
            (D) A motion in the Senate to further limit debate on a 
        resolution, debatable motion, or appeal is not debatable. No 
        amendment to, or motion to recommit, a resolution is in order 
        in the Senate.
            (4) In the case of a resolution, if prior to the passage by 
        one House of a resolution of that House, that House receives a 
        resolution with respect to the same matter from the other 
        House, then--
                    (A) the procedure in that House shall be the same 
                as if no resolution had been received from the other 
                House; but
                    (B) the vote on final passage shall be on the 
                resolution of the other House.
            (5) For purposes of this subsection, the term ``joint 
        resolution'' means only a joint resolution of the 2 Houses of 
        Congress, the matter after the resolving clause of which is as 
        follows: ``That the Congress disapproves the action of the 
        President under section 628(c) of the Treasury, Postal Service, 
        and General Government Appropriations Act, 1997, notice of 
        which was submitted to the Congress on ______________.'', with 
        the blank space being filled with the appropriate date.
    (d) Applicability.--This section--
            (1) shall not apply to any action taken as part of the 
        program of assistance to Mexico announced by the President on 
        January 31, 1995; and
            (2) shall remain in effect through fiscal year 1997.
    Sec. 629. (a) Technical Amendment.--Section 640 of Public Law 104-
52 (109 Stat. 513) is amended by striking ``Service performed'' and 
inserting ``Hereafter, service performed''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect as if included in Public Law 104-52 on the date of its 
enactment.
    Sec. 630. Notwithstanding any other provision of law, no part of 
any appropriation contained in this Act for any fiscal year shall be 
available for paying Sunday premium or differential pay to any employee 
unless such employee actually performed work during the time 
corresponding to such premium or differential pay.
    Sec. 631. No part of any funds appropriated in this or any other 
Act shall be used by an agency of the executive branch, other than for 
normal and recognized executive-legislative relationships, for 
publicity or propaganda purposes, and for the preparation, distribution 
or use of any kit, pamphlet, booklet, publication, radio, television or 
film presentation designed to support or defeat legislation pending 
before the Congress, except in presentation to the Congress itself.
    Sec. 632. (a) The United States Courthouse under construction at 
1030 Southwest 3d Avenue in Portland, Oregon, shall be known and 
designated as the ``Mark O. Hatfield United States Courthouse''.
    (b) Any reference in a law, map, regulation, document, paper, or 
other record of the United States to the courthouse referred to in 
section 901 shall be deemed to be a reference to the ``Mark O. Hatfield 
United States Courthouse''.
    (c) This section shall take effect on January 2, 1997.
    Sec. 633. Survivor Annuity Resumption Upon Termination of 
Marriage.--(a) Amendments.--
            (1) Civil service retirement system.--Section 8341(e) of 
        title 5, United States Code, is amended by adding at the end 
        the following:
    ``(4) If the annuity of a child under this subchapter terminates 
under paragraph (3)(E) because of marriage, then, if such marriage 
ends, such annuity shall resume on the first day of the month in which 
it ends, but only if--
            ``(A) any lump sum paid is returned to the Fund; and
            ``(B) that individual is not otherwise ineligible for such 
        annuity.''.
            (2) Federal employees' retirement system.--Section 8443(b) 
        of such title is amended by adding at the end the following: 
        ``If the annuity of a child under this subchapter terminates 
        under subparagraph (E) because of marriage, then, if such 
        marriage ends, such annuity shall resume on the first day of 
        the month in which it ends, but only if any lump sum paid is 
        returned to the Fund, and that individual is not otherwise 
        ineligible for such annuity.''.
            (3) Federal employees health benefits.--Section 8908 of 
        title 5, United States Code, is amended by adding at the end of 
        the following new subsection:
    ``(d) A surviving child whose survivor annuity under section 
8341(e) or 8443(b) was terminated and is later restored under paragraph 
(4) of section 8341(e) or the last sentence of section 8443(b) may, 
under regulations prescribed by the Office, enroll in a health benefits 
plan described by section 8903 or 8903a if such surviving child was 
covered by any such plan immediately before such annuity was 
terminated.''.
    (b) Applicability.--The amendments made by subsection (a) shall 
apply with respect to any termination of marriage taking effect before, 
on, or after the date of enactment of this Act, except that benefits 
shall be payable only with respect to amounts accruing for periods 
beginning on the first day of the month beginning after the later of 
such termination of marriage or such date of enactment.
    Sec. 634. Availability of Annual Leave For Employees Affected by 
Reduction in Force.--Section 6302 of title 5, United States Code, is 
amended by adding at the end of the following new subsection:
    ``(g) An employee who is being involuntarily separated from an 
agency due to a reduction in force or transfer of function under 
subchapter I of chapter 35 may elect to use annual leave to the 
employee's credit to remain on the agency's rolls after the date the 
employee would otherwise have been separated if, and only to the extent 
that, such additional time in a pay status will enable the employee to 
qualify for an immediate annuity under section 8336, 8412, 8414, or to 
qualify to carry health benefits coverage into retirement under section 
8905(b).''.
    Sec. 635. Section 207(e)(6)(B) of title 18, United States Code, is 
amended by striking ``level V of the Executive Schedule'' and inserting 
``level 5 of the Senior Executive Service''.
    Sec. 636. Reimbursements Relating to Professional Liability 
Insurance.--(a) Authority.--Notwithstanding any other provision of law, 
amounts appropriated by this Act (or any other Act for fiscal year 1997 
or any fiscal year thereafter) for salaries and expenses may be used to 
reimburse any qualified employee for not to exceed one-half the costs 
incurred by such employee for professional liability insurance. A 
payment under this section shall be contingent upon the submission of 
such information or documentation as the employing agency may require.
    (b) Qualified Employee.--For purposes of this section, the term 
``qualified employee'' means an agency employee whose position is that 
of--
            (1) a law enforcement officer; or
            (2) a supervisor or management official.
    (c) Definitions.--For purposes of this section--
            (1) the term ``agency'' means an Executive agency, as 
        defined by section 105 of title 5, United States Code, and any 
        agency of the Legislative Branch of Government including any 
        office or committee of the Senate or the House of 
        Representatives;
            (2) the term ``law enforcement officer'' means an employee, 
        the duties of whose position are primarily the investigation, 
        apprehension, prosecution, or detention of individuals 
        suspected or convicted of offenses against the criminal laws of 
        the United States, including any law enforcement officer under 
        section 8331(20) or 8401(17) of such title 5, or under section 
        4823 of title 22, United States Code;
            (3) the terms ``supervisor'' and ``management official'' 
        have the respective meanings given them by section 7103(a) of 
        such title 5, and
            (4) the term ``professional liability insurance'' means 
        insurance which provides coverage for--
                    (A) legal liability for damages due to injuries to 
                other persons, damage to their property, or other 
                damage or loss to such other persons (including the 
                expenses of litigation and settlement) resulting from 
                or arising out of any tortious act, error, or omission 
                of the covered individual (whether common law, 
                statutory, or constitutional) while in the performance 
                of such individual's official duties as a qualified 
                employee; and
                    (B) the cost of legal representation for the 
                covered individual in connection with any 
                administrative or judicial proceeding (including any 
                investigation or disciplinary proceeding) relating to 
                any act, error, or omission of the covered individual 
                while in the performance of such individual's official 
                duties as a qualified employee, and other legal costs 
                and fees relating to any such administrative or 
                judicial proceeding.
    (d) Applicability.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply 
thereafter.
    Sec. 637. For purposes of each provision of law amended by section 
704(a)(2) of the Ethics Reform Act of 1989 (5 U.S.C. 5318 note), no 
adjustment under section 5303 of title 5, United States Code, shall be 
considered to have taken effect in fiscal year 1997 in the rates of 
basic pay for the statutory pay systems.
          Sec. 638. For FY 1997, the Secretary of the Treasury is 
authorized to use funds made available to the FSLIC Resolution Fund 
under P.L. 103-327, not to exceed $26,100,000, to reimburse the 
Department of Justice for the reasonable expenses of litigation that 
are incurred in the defense of claims against the U.S. arising from 
FIRREA and its implementation.
    Sec. 639. Section 608 of Public Law 104-52 is amended in the first 
sentence by inserting before the period, ``, including Federal records 
disposed of pursuant to a records schedule''.
    Sec. 640. In reviewing and analyzing the contracting out, 
outsourcing or privatization of business and administrative functions, 
and in implementing 40 U.S.C. sections 1413 and 1423, and other 
provisions, in title LI of the National Defense Authorization Act for 
fiscal year 1996 (the Information Technology Management Reform Act)--
            (1) the Director of the Office of Management and Budget and 
        the heads of the executive agencies may have studies, analyses, 
        reviews and other management assistance performed by the 
        private sector;
            (2) the reviews, analyses, and studies called for by 40 
        U.S.C. section 1413(b)(2) (B) and (C) shall be completed and 
        reported to the Agency Head within 180 days, or less measured 
        from when a study analysis or review is initiated unless the 
        Agency Head determines additional time is needed;
            (3) in accordance with principles and rules governing 
        organizational conflicts of interest, persons involved in a 
        particular study may not compete for any work that is to be or 
        is outsourced as a result of that study; and
            (4) this section will apply with respect to studies 
        occurring on or after the date of enactment of this subsection 
        and completed before September 1, 1999 and the Comptroller 
        General of the United States shall review and provide an 
        assessment of this program by January 1, 1999.
    Sec. 641. (a) Section 1--Authorization of Appropriations.--Section 
8(a)(1) of the Whistleblower Protection Act of 1989 (5 U.S.C. 5509 
note, Public Law 101-12, April 10, 1989, 103 Stat. 34, as amended 
Public Law 103-424, Section 1, October 29, 1994, 108 Stat. 4361), is 
amended by striking the words: ``1993, 1994, 1995, 1996, and 1997,'' 
and inserting in lieu thereof ``1998, 1999, 2000, 2001, and 2002''.
    (b) Section 2--Effective Date.--This Act shall take effect on 
October 1, 1998.
    Sec. 642. (a) Section 1.--Authorization of Appropriations.--Section 
8(a)(1) of the Whistleblower Protection Act of 1989 (5 U.S.C. 5509 
note; Public Law 103-424; 103 Stat. 34) is amended by striking out: 
``1993, 1994, 1995, 1996, and 1997,'' and inserting in lieu thereof 
``1998, 1999, 2000, 2001, and 2002''.
    (b) Section 2--Effective Date.--This Act shall take effect on 
October 1, 1998.
    Sec. 643. Modifications of National Commission on Restructuring the 
Internal Revenue Service.--(a) Quorum.--Paragraph (4) of section 637(b) 
of the Treasury, Postal Service, and General Government Appropriations 
Act, 1996 (Public Law 104-52, 109 Stat. 510) is amended by striking 
``Seven'' and inserting ``Nine''.
    (b) Co-Chairs.--
            (1) In general.--Paragraph (3) of section 637(b) of such 
        Act is amended--
                    (A) by striking ``a Chairman'' and inserting ``Co-
                Chairs'', and
                    (B) by striking ``Chairman'' in the heading and 
                inserting ``Co-Chairs''.
            (2) Conforming amendments.--(A) Paragraph (5)(B) of section 
        637(b) of such Act is amended by striking ``a Chairman'' and 
        inserting ``Co-Chairs''.
            (B) Subsections (b)(4), (d)(1)(B), (d)(3), and (e)(1) of 
        section 637 of such Act are each amended by striking 
        ``Chairman'' each place it appears and inserting ``Co-Chairs''.
    (c) Gifts.--Section 637(d) of such Act is amended by adding at the 
end the following new paragraph:
            ``(6) Gifts.--The Commission may accept, use, and dispose 
        of gifts or donations of services or property in carrying out 
        its duties under this section.''
    (d) Travel Expenses.--Section 637(f)(2) of such Act is amended by 
striking ``shall'' and inserting ``may''.
    (e) Time for Filing Report.--
    (1) In general.--Paragraph (1) of section 637(g) of such Act is 
amended by striking ``one year'' and inserting ``15 months''.
    (2) Conforming amendment.--Subparagraph (A) of section 637(c)(1) of 
such Act is amended by striking ``one year'' and inserting ``15 
months''.
    (f) Effective Date.--The amendments made by this section shall take 
effect as if included in the provisions of the Treasury, Postal 
Service, and General Government Appropriations Act, 1996.
    Sec. 644. (a) In General.--Section 202(a) of title 39, United 
States Code, is amended by striking ``$10,000 a year'' and inserting 
``$30,000 a year''.
    (b) Effective Date.--Subsection (a) shall take effect at the 
beginning of the next applicable pay period beginning after the date of 
the enactment of this Act.
    Sec. 645. (a) In General.--No later than September 30, 1997, the 
Director of the Office of Management and Budget shall submit to the 
Congress a report that provides--
            (1) estimates of the total annual costs and benefits of 
        Federal regulatory programs, including quantitative and 
        nonquantitative measures of regulatory costs and benefits;
            (2) estimates of the costs and benefits (including 
        quantitative and nonquantitative measures) of each rule that is 
        likely to have a gross annual effect on the economy of 
        $100,000,000 or more in increased costs;
            (3) an assessment of the direct and indirect impacts of 
        Federal rules on the private sector, State and local 
        government, and the Federal Government; and
            (4) recommendations from the Director and a description of 
        significant public comments to reform or eliminate any Federal 
        regulatory program or program element that is inefficient, 
        ineffective, or is not a sound use of the Nation's resources.
    (b) Notice.--The Director shall provide public notice and an 
opportunity to comment on the report under subsection (a) before the 
report is issued in final form.
    Sec. 646. Subsection (b) of section 404 of Public Law 103-356 is 
amended by deleting ``September 30, 1997'' and inserting ``December 31, 
1999''.
    Sec. 647. (a) Notwithstanding any other provision of law, the 
Secretary shall, on behalf of the United States, transfer to the 
University of Miami, without charge, title to the real property and 
improvements that as of the date of the enactment of this Act 
constitute the Federal facility known as the Perrine Primate Center, 
subject to the condition that, during the 10-year period beginning on 
the date of the transfer--
            (1) the University will provide for the continued use of 
        the real property and improvements as an animal research 
        facility, including primates, and such use will be the 
        exclusive use of the property (with such incidental exceptions 
        as the Secretary may approve); or
            (2) the real property and improvements will be used for 
        research-related purposes other than the purpose specified in 
        paragraph (1) (or for both of such purposes), if the Secretary 
        and the University enter into an agreement accordingly.
    (b) The conveyance under subsection (a) shall not become effective 
unless the conveyance specifies that, if the University of Miami 
engages in a material breach of the conditions specified in such 
subsection, title to the real property and improvements involved 
reverts to the United States at the election of the Secretary.
    (c) The real property referred to in subsections (a) and (b) is 
located in the county of Dade in the State of Florida, and is a parcel 
consisting of the northernmost 30 acre-parcel of the area. The exact 
acreage and legal description used for purposes of the transfer under 
subsection (a) shall be in accordance with a survey that is 
satisfactory to the Secretary.
    (d) For the purposes of this section--
            (1) the term ``Secretary'' means the Secretary of Health 
        and Human Services; and
            (2) the term ``University of Miami'' means the University 
        of Miami located in the State of Florida.
    Sec. 648. (a) Increased Penalties for Counterfeiting Violations.--
Sections 474 and 474A of title 18, United States Code, are amended by 
striking ``class C felony'' each place that term appears and inserting 
``class B felony''.
    (b) Criminal Penalty for Production, Sale, Transportation, 
Possession of Fictitious Financial Instruments Purporting To Be Those 
of the States, of Political Subdivisions, and of Private 
Organizations.--
            (1) In general.--Chapter 25 of title 18, United States 
        Code, is amended by inserting after section 513, the following 
        new section:
``Sec. 514. Fictitious obligations
    ``(a) Whoever, with the intent to defraud--
            ``(1) draws, prints, processes, produces, publishes, or 
        otherwise makes, or attempts or causes the same, within the 
        United States;
            ``(2) passes, utters, presents, offers, brokers, issues, 
        sells, or attempts or causes the same, or with like intent 
        possesses, within the United States; or
            ``(3) utilizes interstate or foreign commerce, including 
        the use of the mails or wire, radio, or other electronic 
        communication, to transmit, transport, ship, move, transfer, or 
        attempts or causes the same, to, from, or through the United 
        States,
any false or fictitious instrument, document, or other item appearing, 
representing, purporting, or contriving through scheme or artifice, to 
be an actual security or other financial instrument issued under the 
authority of the United States, a foreign government, a State or other 
political subdivision of the United States, or an organization, shall 
be guilty of a class B felony.
    ``(b) For purposes of this section, any term used in this section 
that is defined in section 513(c) has the same meaning given such term 
in section 513(c).
    ``(c) The United States Secret Service, in addition to any other 
agency having such authority, shall have authority to investigate 
offenses under this section.''.
            (2) Technical amendment.--The analysis for chapter 25 of 
        title 18, United States Code, is amended by inserting after the 
        item relating to section 513 the following:

``514. Fictitious obligations.''.

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

SEC. 658. GUN BAN FOR INDIVIDUALS CONVICTED OF A MISDEMEANOR CRIME OF 
              DOMESTIC VIOLENCE.

          (a) Definition.--Section 921(a) of title 18, United States 
Code, is amended by adding at the end the following:
            ``(33)(A) Except as provided in subparagraph (C), the term 
        `misdemeanor crime of domestic violence' means an offense 
        that--
                    ``(i) is a misdemeanor under Federal or State law; 
                and
                    ``(ii) has, as an element, the use or attempted use 
                of physical force, or the threatened use of a deadly 
                weapon, committed by a current or former spouse, 
                parent, or guardian of the victim, by a person with 
                whom the victim shares a child in common, by a person 
                who is cohabiting with or has cohabited with the victim 
                as a spouse, parent, or guardian, or by a person 
                similarly situated to a spouse, parent, or guardian of 
                the victim.
            ``(B)(i) A person shall not be considered to have been 
        convicted of such an offense for purposes of this chapter, 
        unless--
                    ``(I) the person was represented by counsel in the 
                case, or knowingly and intelligently waived the right 
                to counsel in the case; and
                    (II) in the case of a prosecution for an offense 
                described in this paragraph for which a person was 
                entitled to a jury trial in the jurisdiction in which 
                the case was tried, either
                            (aa) the case was tried by a jury, or
                            (bb) the person knowingly and intelligently 
                        waived the right to have the case tried by a 
                        jury, by guilty plea or otherwise.
            ``(ii) A person shall not be considered to have been 
        convicted of such an offense for purposes of this chapter if 
        the conviction has been expunged or set aside, or is an offense 
        for which the person has been pardoned or has had civil rights 
        restored (if the law of the applicable jurisdiction provides 
        for the loss of civil rights under such an offense) unless the 
        pardon, expungement, or restoration of civil rights expressly 
        provides that the person may not ship, transport, possess, or 
        receive firearms.''.
            (b)Prohibitions.--
            (1) Section 922(d) of such title is amended--
                    (A) by striking ``or'' at the end of paragraph (7);
                    (B) by striking the period at the end of paragraph 
                (8) and inserting ``; or''; and
                    (C) by inserting after paragraph (8) the following:
            ``(9) has been convicted in any court of a misdemeanor 
        crime of domestic violence.''.
            (2) Section 922(g) of such title is amended--
                    (A) by striking ``or'' at the end of paragrph (7);
                    (B) by striking the comma at the end of paragraph 
                (8) and inserting ``; or''; and
                    (C) by inserting after paragraph (8) the following:
            ``(9) who has been convicted in any court of a misdemeanor 
        crime of domestic violence,''.
            (3) Section 922(s)(3)(B)(i) of such title is amended by 
        inserting ``, and has not been convicted in any court of a 
        misdemeanor crime of domestic violence'' before this semicolon.
          (c) Government Entities Not Excepted.--Section 925(a)(1) of 
such title is amended by inserting ``sections 922(d)(9) and 922(g)(9) 
and'' after ``except for''.

SEC. 659. THRIFT SAVINGS PLAN.

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

SEC. 101. SHORT TITLE.

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

SEC. 102. ADDITIONAL INVESTMENT FUNDS FOR THE THRIFT SAVINGS PLAN.

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

SEC. 103. ACKNOWLEDGEMENT OF INVESTMENT RISK.

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

SEC. 104. EFFECTIVE DATE.

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

              Title II--Thrift Savings Accounts Liquidity

SEC. 201. SHORT TITLE.

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

SEC. 202. NOTICE TO SPOUSES FOR IN-SERVICE WITHDRAWALS; DE MINIMUS 
              ACCOUNTS; CIVIL SERVICE RETIREMENT SYSTEM PARTICIPANTS.

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

SEC. 203. IN-SERVICE WITHDRAWALS; WITHDRAWAL ELECTIONS, FEDERAL 
              EMPLOYEES RETIREMENT SYSTEM PARTICIPANTS.

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

SEC. 204. SURVIVOR ANNUITIES FOR FORMER SPOUSES; NOTICE TO FEDERAL 
              EMPLOYEES RETIREMENT SYSTEM SPOUSES FOR IN-SERVICE 
              WITHDRAWALS.

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

SEC. 205. DE MINIMUS ACCOUNTS RELATING TO THE JUDICIARY.

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

SEC. 206. DEFINITION OF BASIC PAY.

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

SEC. 207. EFFECTIVE DATE.

          This title shall take effect on the date of the enactment of 
this Act and withdrawals and elections as provided under the amendments 
made by this title shall be made at the earliest practicable date as 
determined by the Executive Director in regulations.
          Sec. 660. Notwithstanding Section 613, interagency financing 
is authorized to carry out the purposes of the National Bioethics 
Advisory Commission.
          Sec. 661. (a) Designation.--The United States courthouse to 
be constructed at 111 South 18th Plaza, Omaha, Nebraska, shall be known 
and designated as the ``Roman L. Hruska United States Courthouse''.
          (b) References.--Any reference in a law, map, regulation, 
document, paper, or other record of the United States to the United 
States courthouse referred to in section 1 shall be deemed to be a 
reference to the ``Roman L. Hruska United States Courthouse''.
          Sec. 662. (a) Provisions Relating to Title 39, United States 
Code.--
            ``(1) Appointment and removal of inspector general.--
        Section 202 of title 39, United States Code, is amended by 
        adding at the end the following:
          ``(e)(1) The Governors shall appoint and shall have the power 
to remove the Inspector General.
          ``(2) The Inspector General shall be appointed--
            ``(A) for a term of 7 years;
            ``(B) without regard to political affiliation; and
            ``(C) solely on the basis of integrity and demonstrated 
        ability in accounting, auditing, financial analysis, law, 
        management analysis, public administration, or investigations.
          ``(3) The Inspector General may at any time be removed upon 
the written concurrence of at least 7 Governors, but only for cause. 
Nothing in this subsection shall be considered to exempt the Governors 
from the requirements of section 8G(e) of the Inspector General Act of 
1978.''.
            (2) Definition.--Section 102 of title 39, United States 
        Code, is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (2);
                    (B) by striking the period at the end of paragraph 
                (3) and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(4) `Inspector General' means the Inspector General 
        appointed under section 202(e) of this title.''.
            (3) Separate item in annual budget.--For purposes of the 
        fifth sentence of section 2009 of title 39, United States Code, 
        the operations of the Office of Inspector General of the United 
        States Postal Service shall be considered a major type of 
        activity.
          (b) Amendments to the Inspector General Act of 1978.--
            (1) Governors as head of the postal service.--Section 
        8G(a)(4) of the Inspector General Act of 1978 (5 U.S.C. App.) 
        is amended by striking ``except that'' and all that follows 
        through the semicolon and inserting ``except that--
                    ``(A) with respect to the National Science 
                Foundation, such term means the National Science Board; 
                and
                    ``(B) with respect to the United States Postal 
                Service, such term means the Governors (within the 
                meaning of section 102(3) of title 39, United States 
                Code);''.
            (2) Special rules relating to the united states postal 
        service.--Subsection (f) of section 8G of such Act is amended 
        to read as follows:
          ``(f)(1) For purposes of carrying out subsection (c) with 
respect to the United States Postal Service, the appointment provisions 
of section 202(e) of title 39, United States Code, shall be applied.
          ``(2) In carrying out the duties and responsibilities 
specified in this Act, the Inspector General of the United States 
Postal Service (hereinafter in this subsection referred to as the 
`Inspector General') shall have oversight responsibility for all 
activities of the Postal Inspection Service, including any internal 
investigation performed by the Postal Inspection Service. The Chief 
Postal Inspector shall promptly report the significant activities being 
carried out by the Postal Inspection Service to such Inspector General.
          ``(3)(A)(i) Notwithstanding subsection (d), the Inspector 
General shall be under the authority, direction, and control of the 
Governors with respect to audits or investigations, or the issuance of 
subpoenas, which require access to sensitive information concerning--
            ``(I) ongoing civil or criminal investigations or 
        proceedings;
            ``(II) undercover operations;
            ``(III) the identity of confidential sources, including 
        protected witnesses;
            ``(IV) intelligence or counterintelligence matters; or
            ``(V) other matters the disclosure of which would 
        constitute a serious threat to national security.
          ``(ii) With respect to the information described under clause 
(i), the Governors may prohibit the Inspector General from carrying out 
or completing any audit or investigation, or from issuing any subpoena, 
after such Inspector General has decided to initiate, carry out, or 
complete such audit or investigation or to issue such subpoena, if the 
Governors determine that such prohibition is necessary to prevent the 
disclosure of any information described under clause (i) or to prevent 
the significant impairment to the national interests of the United 
States.
          ``(iii) If the Governors exercise any power under clause (i) 
or (ii), the Governors shall notify the Inspector General in writing 
stating the reasons for such exercise. Within 30 days after receipt of 
any such notice, the Inspector General shall transmit a copy of such 
notice to the Committee on Governmental Affairs of the Senate and the 
Committee on Government Reform and Oversight of the House of 
Representatives, and to other appropriate committees or subcommittees 
of the Congress.
          ``(B) In carrying out the duties and responsibilities 
specified in this Act, the Inspector General--
            ``(i) may initiate, conduct and supervise such audits and 
        investigations in the United States Postal Service as the 
        Inspector General considers appropriate; and
            ``(ii) shall give particular regard to the activities of 
        the Postal Inspection Service with a view toward avoiding 
        duplication and insuring effective coordination and 
        cooperation.
          ``(C) Any report required to be transmitted by the Governors 
to the appropriate committees or subcommittees of the Congress under 
section 5(d) shall also be transmitted, within the seven-day period 
specified under such section, to the Committee on Governmental Affairs 
of the Senate and the Committee on Government Reform and Oversight of 
the House of Representatives.
          ``(3) Nothing in this Act shall restrict, eliminate, or 
otherwise adversely affect any of the rights, privileges, or benefits 
of either employees of the United States Postal Service, or labor 
organizations representing employees of the United States Postal 
Service, under chapter 12 of title 39, United States Code, the National 
Labor Relations Act, any handbook or manual affecting employee labor 
relations with the United States Postal Service, or any collective 
bargaining agreement.
          ``(4) As used in this subsection, the term `Governors' has 
the meaning given such term by section 102(3) of title 39, United 
States Code.''.
            (3) Technical correction.--The Inspector General Act of 
        1978 is amended by redesignating the second section which is 
        designated as section 8G as section 8H.
          (c) Provisions Relating to Compensation.--
            (1) Inspector general.--Section 5315 of title 5, United 
        States Code, is amended by adding at the end the following:
            ``Inspector General, United States Postal Service.''.
The amendment made by the preceding sentence shall apply 
notwithstanding section 410 or any other provision of title 39, United 
States Code.
            (2) Officers and employees of the office of inspector 
        general of the united states postal service; postal 
        inspectors.--
                    (A) In general.--Sectin 1003 of title 39, United 
                States Code, is amended--
                            (i) by redesignating subsection (b) as 
                        subsection (d); and
                            (ii) by inserting after subsection (a) the 
                        following:
          ``(b) Compensation and benefits for all officers and 
employees serving in or under the Office of Inspector General of the 
United States Postal Service shall be maintained on a standard of 
comparability to the compensation and benefits paid for comparable 
levels of work in the respective Offices of Inspector General of the 
various establishments named in section 11(2) of the Inspector General 
Act of 1978.
          ``(c) Compensation and benefits for all Postal Inspectors 
shall be maintained on a standard of comparability to the compensation 
and benefits paid for comparable levels of work in the executive branch 
of the Government outside of the Postal Service. As used in this 
subsection, the term `Postal Inspector' included any agent to whom any 
investigative powers are granted under section 3061 of title 18.''.
                    (B) Conforming amendment.--The first sentence of 
                section 1003(a) of title 39, United States Code, is 
                amended by striking ``chapters 2 and 12 of this title'' 
                and inserting ``chapters 2 and 12 of this title, 
                section 8G of the Inspector General Act of 1978,''.
          (d) Strategic Plans.--
            (1) Office of inspector general of the united states postal 
        service.--
                    (A) In general.--Strategic plans shall be prepared 
                under this paragraph addressing staffing requirements, 
                general goals and objectives for major functions and 
                operations of the Office of Inspector General of the 
                United States Postal Service, and how goals and 
                objectives of the Office are to be achieved, including 
                a description of operational processes, skills and 
                technology, and the human, capital, information, and 
                other resources required to meet those goals and 
                objectives.
                    (B) Specific requirements.--Plans under this 
                paragraph--
                            (i) shall be prepared by the Inspector 
                        General of the United States Postal Service;
                            (ii) shall each cover a 5-year period (the 
                        beginning and ending dates of which shall be 
                        specified in each such plan); and
                            (iii) shall be included, as part of the 
                        annual budget required under section 2009 of 
                        title 39, United States Code, at least every 3 
                        years.
                    (C) First submission.--The first plan under this 
                paragraph shall be prepared in time to be included with 
                the annual budget under section 2009 of title 39, 
                United States Code, next due to be submitted after the 
                end of the 6-month period beginning on the date of the 
                appointment of the first Inspector General to be 
                appointed pursuant to the amendments made by this 
                section.
            (2) Postal inspection service.--The Chief Postal Inspector 
        shall, with respect to the Postal Inspection Service, prepare a 
        strategic plan similar in content to that required under 
        paragraph (1)(A) with respect to the Office of Inspector 
        General of the United States Postal Service. Such plan shall be 
        prepared in time to be included with the annual budget under 
        section 2009 of such title 39 next due to be submitted after 
        the end of the 30-day period beginning on the date of the 
        enactment of this Act.
          (e) First Appointment; Transfers; Transition Provision.--
            (1) First appointment.--The first Inspector General of the 
        United States Postal Service appointed pursuant to the 
        amendments made by this section shall be appointed before the 
        end of the 90-day period beginning on the date of the enactment 
        of this Act.
            (2) Transfers.--
                    (A) In general.--All measures described in section 
                8G(b) of the Inspector General Act of 1978 necessary to 
                establish an Office of Inspector General within the 
                United States Postal Service pursuant to this section, 
                including all appropriate transfers, shall occur--
          (i) no earlier than the date the appointment under paragraph 
(1) is made; and
          (ii) no later than 60 days after the date the appointment 
under paragraph (1) is made.
                    (B) Provisions relating to personnel.--
          (i) Consultation.--Decisions concerning which personnel are 
to be transferred pursuant to subparagraph (A) shall be made by the 
Governors (within the meaning of section 102(3) of title 39, United 
States Code) in consultation with the Inspector General appointed under 
paragraph (1).
          (ii) Transferred personnel.--Personnel transferred pursuant 
to subparagraph (A) shall, to the extent not inconsistent with other 
provisions of this subsection, be transferred in accordance with 
applicable laws and regulations relating to the transfer of functions 
within the United States Postal Service, except that, notwithstanding 
any provision of section 1003(b) of title 39, United States Code, as 
amended by this section, the classification and compensation of such 
personnel shall not be reduced, by reason of having been transferred, 
for 1 year after being so transferred.
            (3) Transition provision.--The Chief Postal Inspector may 
        continue to serve as Inspector General of the United States 
        Postal Service until the date on which an Inspector General is 
        appointed under paragraph (1) or, if earlier, the end of the 
        period referred to in such paragraph. Compensation for any 
        service under this paragraph shall be determined as if this 
        section had not been enacted.
          (f) Technical and Conforming Amendments.--
            (1) Section 410(b) of title 39, United States Code, is 
        amended--
                    (A) by striking ``and'' at the end of paragraph 
                (9); and
                    (B) by amending paragraph (10) to read as follows:
                ``(10) the Inspector General Act of 1978; and''
            (2)(A) Section 204 of such title 39 is amended--
          (i) by amending the section heading to read as follows:
``Sec. 204. General Counsel; Judicial Officer; Chief Postal 
              Inspector'';
          (ii) in the first sentence by striking ``and a Judicial 
Officer.'' and inserting ``a Judicial Officer, and a Chief Postal 
Inspector.'';
          (iii) in the second sentence by striking ``and the Judicial 
Officer'' and inserting ``the Judicial Officer, and the Chief Postal 
Inspector''; and
          (iv) by adding at the end the following: ``The Chief Postal 
Inspector shall report to, and be under the general supervision of, the 
Postmaster General. The Postmaster General shall promptly notify the 
Governors and both Houses of Congress in writing if he or she removes 
the Chief Postal Inspector or transfers the Chief Postal Inspector to 
another position or location within the Postal Service, and shall 
include in any such notification the reasons for the removal or 
transfer.''.
            (B) The table of sections for chapter 2 of such title 39 is 
        amended by striking the item relating to section 204 and 
        inserting the following:

``204. General Counsel; Judicial Officer; Chief Postal Inspector.''.

          Sec. 663. Voluntary Separation Incentives for Employees of 
Certain Federal Agencies.--(a) Definitions.--For the purposes of this 
section--
            (1) the term ``agency'' means any Executive agency (as 
        defined in section 105 of title 5, United States Code), other 
        than an Executive agency (except an agency receiving such 
        authority in the Department of Transportation Appropriations 
        Act, 1997) that is authorized by any other provision of this 
        Act or any other Act to provide voluntary separation incentive 
        payments during all, or any part of, fiscal year 1997; and
            (2) the term ``employee'' means an employee (as defined by 
        section 2105 of title 5, United States Code) who is employed by 
        an agency, is serving under an appointment without time 
        limitation, and has been currently employed for a continuous 
        period of at least 3 years, but does not include--
                    (A) a reemployed annuitant under subchapter III of 
                chapter 83 or chapter 84 of title 5, United States 
                Code, or another retirement system for employees of the 
                agency;
                    (B) an employee having a disability on the basis of 
                which such employee is or would be eligible for 
                disability retirement under subchapter III of chapter 
                83 or chapter 84 of title 5, United States Code, or 
                another retirement system for employees of the agency;
                    (C) an employee who is in receipt of a specific 
                notice of involuntary separation for misconduct or 
                unacceptable performance;
                    (D) an employee who, upon completing an additional 
                period of service as referred to in section 
                3(b)(2)(B)(ii) of the Federal Workforce Restructuring 
                Act of 1994 (5 U.S.C. 5597 note), would qualify for a 
                voluntary separation incentive payment under section 3 
                of such Act;
                    (E) an employee who has previously received any 
                voluntary separation incentive payment by the Federal 
                Government under this section or any other authority 
                and has not repaid such payment;
                    (F) an employee covered by statutory reemployment 
                rights who is on transfer to another organization; or
                    (G) any employee who, during the twenty four month 
                period preceding the date of separation, has received a 
                recruitment or relocation bonus under section 5753 of 
                title 5, United States Code, or who, within the twelve 
                month period preceding the date of separation, received 
                a retention allowance under section 5754 of title 5, 
                United States Code.
          (b) Agency Strategic Plan.--
            (1) In general.--The head of each agency, prior to 
        obligating any resources for voluntary separation incentive 
        payments, shall submit to the House and Senate Committees on 
        Appropriations and the Committee on Governmental Affairs of the 
        Senate and the Committee on Government Reform and Oversight of 
        the House of Representatives a strategic plan outlining the 
        intended use of such incentive payments and a proposed 
        organizational chart for the agency once such incentive 
        payments have been completed.
            (2) Contents.--The agency's plan shall include--
                    (A) the positions and functions to be reduced or 
                eliminated, identified by organizational unit, 
                geographic location, occupational category and grade 
                level;
                    (B) the number and amounts of voluntary separation 
                incentive payments to be offered; and
                    (C) a description of how the agency will operate 
                without the eliminated positions and functions.
          (c) Authority To Provide Voluntary Separation Incentive 
Payments.--
            (1) In general.--A voluntary separation incentive payment 
        under this section may be paid by an agency to any employee 
        only to the extent necessary to eliminate the positions and 
        functions identified by the strategic plan.
            (2) Amount and treatment of payments.--A voluntary 
        separation incentive payment--
                    (A) shall be paid in a lump sum after the 
                employee's separation;
                    (B) shall be paid from appropriations or funds 
                available for the payment of the basic pay of the 
                employees;
                    (C) shall be equal to the lesser of--
                            (i) an amount equal to the amount the 
                        employee would be entitled to receive under 
                        section 5595(c) of title 5, United States Code; 
                        or
                            (ii) an amount determined by the agency 
                        head not to exceed $25,000;
                    (D) may not be made except in the case of any 
                qualifying employee who voluntarily separates (whether 
                by retirement or resignation) before December 31, 1997;
                    (E) shall not be a basis for payment, and shall not 
                be included in the computation, of any other type of 
                Government benefit; and
                    (F) shall not be taken into account in determining 
                the amount of any severance pay to which the employee 
                may be entitled under section 5595 of title 5, United 
                States Code, based on any other separation.
          (d) Additional Agency Contributions to the Retirement Fund.--
            (1) In general.--In addition to any other payments which it 
        is required to make under subchapter III of chapter 83 of title 
        5, United States Code, an agency shall remit to the Office of 
        Personnel Management for deposit in the Treasury of the United 
        States to the credit of the Civil Service Retirement and 
        Disability Fund an amount equal to 15 percent of the final 
        basic pay of each employee of the agency who is covered under 
        subchapter III of chapter 83 or chapter 84 of title 5, United 
        States Code, to whom a voluntary separation incentive has been 
        paid under this section.
            (2) Definition.--For the purpose of paragraph (1), the term 
        ``final basic pay'', with respect to an employee, means the 
        total amount of basic pay which would be payable for a year of 
        service by such employee, computed using the employee's final 
        rate of basic pay, and, if last serving on other than a full-
        time basis, with appropriate adjustment therefor.
          (e) Effect of Subsequent Employment With the Government.--An 
individual who has received a voluntary separation incentive payment 
under this section and accepts any employment for compensation with the 
Government of the United States, or who works for any agency of the 
United States Government through a personal services contract, within 5 
years after the date of the separation on which the payment is based 
shall be required to pay, prior to the individual's first day of 
employment, the entire amount of the incentive payment to the agency 
that paid the incentive payment.
          (f) Reduction of Agency Employment Levels.--
            (1) In general.--The total number of funded employee 
        positions in the agency shall be reduced by one position for 
        each vacancy created by the separation of any employee who has 
        received, or is due to receive, a voluntary separation 
        incentive payment under this section. For the purposes of this 
        subsection, positions shall be counted on a full-time 
        equivalent basis.
            (2) Enforcement.--The President, through the Office of 
        Management and Budget, shall monitor the agency and take any 
        action necessary to ensure that the requirements of this 
        subsection are met.
          (g) Effective Date.--This section shall take effect October 
1, 1996.

SEC. 664. ELECTRONIC BENEFIT TRANSFER PILOT.

          Title 31, United States Code, is amended by inserting after 
section 3335 the following new section:
``Sec. 3336. Electronic benefit transfer pilot
          ``(a) The Congress finds that:
            ``(1) Electronic benefit transfer (EBT) is a safe, 
        reliable, and economical way to provide benefit payments to 
        individuals who do not have an account at a financial 
        institution.
            ``(2) The designation of financial institutions as 
        financial agents of the Federal Government for EBT is an 
        appropriate and reasonable use of the Secretary's authority to 
        designate financial agents.
            ``(3) A joint federal-state EBT system offers convenience 
        and economies of scale for those states (and their citizens) 
        that wish to deliver state-administered benefits on a single 
        card by entering into a partnership with the federal 
        government.
            ``(4) The Secretary's designation of a financial agent to 
        deliver EBT is a specialized service not available through 
        ordinary business channels and may be offered to the states 
        pursuant to section 6501 et seq. of this title.
          ``(b) The Secretary shall continue to carry out the existing 
EBT pilot to disburse benefit payments electronically to recipients who 
do not have an account at a financial institution, which shall include 
the designation of one or more financial institutions as a financial 
agent of the Government, and the offering to the participating states 
of the opportunity to contract with the financial agent selected by the 
Secretary, as described in the Invitation for Expressions of Interest 
to Acquire EBT Services for the Southern Alliance of States dated March 
9, 1995, as amended as of June 30, 1995, July 7, 1995, and August 1, 
1995.
          ``(c) The selection and designation of financial agents, the 
design of the pilot program, and any other matter associated with or 
related to the EBT pilot described in subsection (b) shall not be 
subject to judicial review.''

SEC. 665. DESIGNATION OF FINANCIAL AGENTS.

          1. 12 U.S.C. 90 is amended by adding at the end thereof the 
following:

``Notwithstanding the Federal Property and Administrative Services Act 
of 1949, as amended, the Secretary may select associations as financial 
agents in accordance with any process the Secretary deems appropriate 
and their reasonable duties may include the provision of electronic 
benefit transfer services (including State-administered benefits with 
the consent of the States), as defined by the Secretary.''.
          2. Make conforming amendments to 12 U.S.C. 265, 266, 391, 
1452(d), 1767, 1789a, 2013, 2122 and to 31 U.S.C. 3122 and 3303.

         TITLE VII--COUNTER-TERRORISM AND DRUG LAW ENFORCEMENT

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices

                         salaries and expenses

          For an additional amount for the necessary expenses of the 
Office of Foreign Assets Control, $288,000: Provided, That of the 
amount provided, $288,000 is designated by Congress as an emergency 
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended.

                      Office of Inspector General

                         salaries and expenses

          For an additional amount for the necessary expenses of the 
Office of Inspector General, $34,000, to remain available until 
expended: Provided, That of the amount provided, $34,000 is designated 
by Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended.

                         counter-terrorism fund

          For necessary expenses, as determined by the Secretary, 
$15,000,000, to remain available until expended, to reimburse any 
Department of the Treasury organization for the costs of providing 
support to counter, investigate, or prosecute terrorism, including 
payment of rewards in connection with these activities: Provided, That 
the entire amount of this appropriation shall be available only to the 
extent that an official budget request for a specific dollar amount, 
that includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and Emergency 
Deficit Control Act of 1985, is transmitted by the President to 
Congress: Provided further, That the entire amount is designated by 
Congress as an emergency appropriation pursuant to section 
251(b)(2)(D)(i) of such Act.

                Federal Law Enforcement Training Center

                         salaries and expenses

          For an additional amount for the necessary expenses of the 
Federal Law Enforcement Training Center, $1,354,000, to remain 
available until expended: Provided, That of the amount provided, 
$1,354,000 is designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended.

      acquisition, construction, improvement, and related expenses

          For an additional amount for the necessary expenses for the 
acquisition, construction, improvement, and related expenses, 
$2,700,000, to remain available until expended: Provided, That of the 
amount provided, $2,700,00 is designated by Congress as an emergency 
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended.

                      Financial Management Service

                         salaries and expenses

          For an additional amount for the necessary expenses of the 
Financial Management Service, $449,000, to remain available until 
expended: Provided, That of the amount provided, $449,000 is designated 
by Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended.

                Bureau of Alcohol, Tobacco and Firearms

                         salaries and expenses

          For an additional amount for the necessary expenses of the 
Bureau of Alcohol, Tobacco and Firearms, $66,423,000; of which 
$3,500,000 shall be available for the construction and expansion of a 
canine training facility, to remain available until expended, of which 
$3,000,000 shall be available for conducting a study of car bomb 
explosives, to remain available until expended; and of which 
$6,700,000, to remain available until expended, for relocation of the 
Bureau's headquarters building and laboratory facilities: Provided, 
That of the amount provided, $66,423,000 is designated by Congress as 
an emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                     United States Customs Service

                         salaries and expenses

          For an additional amount for the necessary expense of the 
United States Customs Service, $62,335,000; of which not to exceed 
$26,400,000 shall be available until expended for funding non-
competitive cooperative agreements with air carriers, airports, or 
other cargo authorities, which provide for the Customs Service to 
purchase and assist in installing advanced air cargo inspection 
equipment for the joint use of such entities and the United States 
Customs Service: Provided, That of the amount provided, $62,335,000 is 
designated by Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended.

                        Internal Revenue Service

                 processing, assistance and management

          For an additional amount for the necessary expenses for the 
processing, assistance and management, $10,488,000, to remain available 
until expended: Provided, That of the amount provided, $10,488,000 is 
designated by Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended.

                     United States Secret Service,

                         salaries and expenses

          For an additional amount for the necessary expenses of the 
United States Secret Service $3,026,000, to remain available until 
expended: Provided, That of the amount provided, $3,026,000 is 
designated by Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended.

                          INDEPENDENT AGENCIES

                     Office of Personnel Management

                         salaries and expenses

          For an additional amount for the necessary expenses of the 
Office of Personnel Management $210,000, to remain available until 
expended: Provided, That of the amount provided, $210,000 is designated 
by Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended.

                  FUNDS APPROPRIATED TO THE PRESIDENT

                     Federal Drug Control Programs

                        special forfeiture fund

                     (including transfer of funds)

          For activities authorized by Public Law 100-690, as amended, 
$112,900,000, of which $42,000,000 shall be transferred to the United 
States Customs Service for the conversion of one P-3AEW aircraft for 
the air interdiction program; of which $10,000,000 shall be available 
for transfer to other Federal agencies for methamphetamine reduction 
efforts; and of which $60,900,000 shall be available to the Director of 
the Office of National Drug Control Policy for enhancing other drug 
control activities, including transfer to other Federal agencies: 
Provided, That of the amount provided, $112,900,000 is designated by 
Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended to become available only upon receipt by the 
Congress of a supplemental request from the President requesting such 
designation.

          TITLE VIII--FEDERAL FINANCIAL MANAGEMENT IMPROVEMENT

SEC. 801. SHORT TITLE.

          This title may be cited as the ``Federal Financial Management 
Improvement Act of 1996.''

SEC. 802. FINDINGS AND PURPOSES.

          (a) Findings.--The Congress finds the following:
            (1) Much effort has been devoted to strengthening Federal 
        internal accounting controls in the past. Although progress has 
        been made in recent years, Federal accounting standards have 
        not been uniformly implemented in financial management systems 
        for agencies.
            (2) Federal financial management continues to be seriously 
        deficient, and Federal financial management and fiscal 
        practices have failed to--
                    (A) identify costs fully;
                    (B) reflect the total liabilities of congressional 
                actions; and
                    (C) accurately report the financial condition of 
                the Federal Government.
            (3) Current Federal accounting practices do not accurately 
        report financial results of the Federal Government or the full 
        costs of programs and activities. The continued use of these 
        practices undermines the Government's ability to provide 
        credible and reliable financial data and encourages already 
        widespread Government waste, and will not assist in achieving 
a balanced budget.
            (4) Waste and inefficiency in the Federal Government 
        undermine the confidence of the American people in the 
        government and reduce the federal Government's ability to 
        address vital public needs adequately.
            (5) To rebuild the accountability and credibility of the 
        Federal Government, and restore public confidence in the 
        Federal Government, agencies must incorporate accounting 
        standards and reporting objectives established for the Federal 
        Government into their financial management systems so that all 
        the assets and liabilities, revenues, and expenditures or 
        expenses, and the full costs of programs and activities of the 
        Federal Government can be consistently and accurately recorded, 
        monitored, and uniformly reported throughout the Federal 
        Government.
            (6) Since its establishment in October 1990, the Federal 
        Accounting Standards Advisory Board (hereinafter referred to as 
        the ``FASAB'') has made substantial progress toward developing 
        and recommending a comprehensive set of accounting concepts and 
        standards for the Federal Government. When the accounting 
        concepts and standards developed by FASB are incorporated into 
        Federal financial management systems, agencies will be able to 
        provide cost and financial information that will assist the 
        Congress and financial managers to evaluate the cost and 
        performance of Federal programs and activities, and will 
        therefore provide important information that has been lacking, 
        but is needed for improved decision making by financial 
        managers and the Congress.
            (7) The development of financial management systems with 
        the capacity to support these standards and concepts will, over 
        the long term, improve Federal financial management.
          (b) Purpose.--The purposes of this Act are to--
            (1) provide for consistency of accounting by an agency from 
        one fiscal year to the next, and uniform accounting standards 
        throughout the Federal Government;
            (2) require Federal financial management systems to support 
        full disclosure of Federal financial data, including the full 
        costs of Federal programs and activities, to the citizens, the 
        Congress, the President, and agency management, so that 
        programs and activities can be considered based on their full 
        costs and merits;
            (3) increase the accountability and credibility of federal 
        financial management;
            (4) improve performance, productivity and efficiency of 
        Federal Government financial management;
            (5) establish financial management systems to support 
        controlling the cost of Federal Government;
            (6) build upon and complement the Chief Financial Officers 
        Act of 1990 (Public Law 101-576; 104 Stat. 2838), the 
        Government Performance and Results Act of 1993 (Public Law 103-
        62; 107 Stat. 285) and the Government Management Reform Act of 
        1994 (Public Law 103-356; 108 Stat. 3410); and
            (7) increase the capability of agencies to monitor 
        execution of the budget by more readily permitting reports that 
        compare spending of resources to results of activities.

SEC. 803 IMPLEMENTATION OF FEDERAL FINANCIAL MANAGEMENT IMPROVEMENTS.

          (a) In General.--Each agency shall implement and maintain 
financial management systems that comply substantially with Federal 
financial management systems requirements, applicable Federal 
accounting standards, and the United States Government Standard General 
Ledger at the transaction level.
          (b) Audit Compliance Finding.--
            (1) In general.--Each audit required by section 3521(e) of 
        title 31, United States Code, shall report whether the agency 
        financial management systems comply with the requirements of 
        subsection (a).
            (2) Content of Reports.--When the person performing the 
        audit required by section 3521(e) of title 31, United States 
        Code, reports that the agency financial management systems do 
        not comply with the requirements of subsection (a), the person 
        performing the audit shall include in the report on the audit--
                    (A) the entity or organization responsible for the 
                financial management systems that have been found not 
                to comply with the requirements of subsection (a);
                    (B) all facts pertaining to the failure to comply 
                with the requirements of subsection (a), including--
                            (i) the nature and extent of the 
                        noncompliance including areas in which there is 
                        substantial but not full compliance;
                            (ii) the primary reason or cause of the 
                        noncompliance;
                            (iii) the entity or organization 
                        responsible for the non-compliance; and
                            (iv) any relevant comments from any 
                        responsible officer or employee; and
                    (C) a statement with respect to the recommended 
                remedial actions and the time frames to implement such 
                actions.
          (c) Compliance Implementation.--
            (1) Determination.--No later than the date described under 
        paragraph (2), the Head of an agency shall determine whether 
        the financial management systems of the agency comply with the 
        requirements of subsection (a). Such determination shall be 
        based on--
                    (A) a review of the report on the applicable 
                agency-wide audited financial statement;
                    (B) any other information the Head of the agency 
                considers relevant and appropriate.
            (2) Date of determination.--The determination under 
        paragraph (1) shall be made no later than 120 days after the 
        earlier of--
                    (A) the date of the receipt of an agency-wide 
                audited financial statement; or
                    (B) the last day of the fiscal year following the 
                year covered by such statement.
            (3) Remediation plan.--
                    (A) If the Head of an agency determines that the 
                agency's financial management systems do not comply 
                with the requirements of subsection (a), the head of 
                the agency, in consultation with the Director, shall 
                establish a remediation plan that shall include 
                resources, remedies, and intermediate target dates 
                necessary to bring the agency's financial management 
                systems into substantial compliance.
                    (B) If the determination of the head of the agency 
                differs from the audit compliance findings required in 
                subsection (b), the Director shall review such 
                determinations and provide a report on the findings to 
                the appropriate committees of the Congress.
            (4) Time period for compliance.--A remediation plan shall 
        bring the agency's financial management systems into 
        substantial compliance no later than 3 years after the date a 
        determination is made under paragraph (1), unless the agency, 
        with concurrence of the Director--
                    (A) determines that the agency's financial 
                management systems cannot comply with the requirements 
                of subsection (a) within 3 years;
                    (B) specifies the most feasible date for bringing 
                the agency's financial management systems into 
                compliance with the requirements of subsection (a); and
                    (C) designates an official of the agency who shall 
                be responsible for bringing the agency's financial 
                management systems into compliance with the 
                requirements of subsection (a) by the date specified 
                under subparagraph (B).

SEC. 804. REPORTING REQUIREMENTS.

          (a) Reports by the Director.--No later than March 31 of each 
year, the Director shall submit a report to the Congress regarding 
implementation of this Act. The Director may include the report in the 
financial management status report and the 5-year financial management 
plan submitted under section 3512(a)(1) of title 31, United States 
Code.
          (b) Reports by the Inspector General.--Each Inspector General 
who prepares a report under section 5(a) of the Inspector General Act 
of 1978 (5 U.S.C. App.) shall report to Congress instances and reasons 
when an agency has not met the intermediate target dates established in 
the remediation plan required under section 3(c). Specifically the 
report shall include--
            (1) the entity or organization responsible for the non-
        compliance;
            (2) the facts pertaining to the failure to comply with the 
        requirements of subsection (a), including the nature and extent 
        of the non-compliance, the primary reason or cause for the 
        failure to comply, and any extenuating circumstances; and
            (3) a statement of the remedial actions needed to comply.
          (c) Reports by the Comptroller General.--No later than 
October 1, 1997, and October 1, of each year thereafter, the 
Comptroller General of the United States shall report to the 
appropriate committees of the Congress concerning--
            (1) compliance with the requirements of section 3(a) of 
        this Act, including whether the financial statements of the 
        Federal Government have been prepared in accordance with 
        applicable accounting standards; and
            (2) the adequacy of applicable accounting standards for the 
        Federal Government.

SEC. 805. CONFORMING AMENDMENTS.

          (a) Audits by Agencies.--Section 3521(f)(1) of title 31, 
United States Code, is amended in the first sentence by inserting ``and 
the Controller of the Office of Federal Financial Management'' before 
the period.
          (b) Financial Management Status Report.--Section 3512(a)(2) 
of title 31, United States Code, is amended by--
            (1) in subparagraph (D) by striking ``and' after the 
        semicolon;
            (2) by redesignating subparagraph (E) as subparagraph (F); 
        and
            (3) by inserting after subparagraph (D) the following:
                    ``(E) a listing of agencies whose financial 
                management systems do not comply substantially with the 
                requirements of Section 3(a) the Federal Financial 
                Management Improvement Act of 1996, and a summary 
                statement of the efforts underway to remedy the 
                noncompliance; and''
          (c) Inspector General Act of 1978.--Section 5(a) of the 
Inspector General Act of 1978 is amended--
            (1) in paragraph (11) by striking ``and'' after the 
        semicolon;
            (2) in paragraph (12) by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(13) the information described under section   05(b) of 
        the Federal Financial Management Improvement Act of 1996.''

SEC. 806. DEFINITIONS.

          For purposes of this title:
            (1) Agency.--The term ``agency'' means a department or 
        agency of the United States Government as defined in section 
        901(b) of title 31, United States Code.
            (2) Director.--The term ``Director'' means the Director of 
        the Office of Management and Budget.
            (3) Federal Accounting Standards.--The term ``Federal 
        accounting standards'' means applicable accounting principles, 
        standards, and requirements consistent with section 
        902(a)(3)(A) of title 31, United States Code.
            (4) Financial management systems.--The term ``financial 
        management systems'' includes the financial systems and the 
        financial portions of mixed systems necessary to support 
        financial management, including automated and manual processes, 
        procedures, controls, data, hardware, software, and support 
        personnel dedicated to the operation and maintenance of system 
        functions.
            (5) Financial system.--The term ``financial system'' 
        includes an information system, comprised of one or more 
        applications, that is used for--
                    (A) collecting, processing, maintaining, 
                transmitting, or reporting data about financial events;
                    (B) supporting financial planning or budgeting 
                activities;
                    (C) accumulating and reporting costs information; 
                or
                    (D) supporting the preparation of financial 
                statements.
                    (6) Mixed system.--The term ``mixed system'' means 
                an information system that supports both financial and 
                nonfinancial functions of the Federal Government or 
                components thereof.

SEC. 807. EFFECTIVE DATE.

          This title shall take effect for the fiscal year ending 
September 30, 1997.

SEC. 808. REVISION OF SHORT TITLES.

          (a) Section 4001 of Public Law 104-106 (110 Stat. 642; 41 
U.S.C. 251 note) is amended to read as follows:

``SEC. 4001. SHORT TITLE.

          ``This division and division E may be cited as the `Clinger-
Cohen Act of 1996'.''.
          (b) Section 5001 of Public Law 104-106 (110 Stat. 679; 40 
U.S.C. 1401 note) is amended to read as follows:

``SEC. 5001. SHORT TITLE.

          ``This division and division D may be cited as the `Clinger-
Cohen Act of 1996'.''
          (c) Any reference in any law, regulation, document, record, 
or other paper of the United States to the Federal Acquisition Reform 
Act of 1996 or to the Information Technology Management Reform Act of 
1996 shall be considered to be a reference to the Clinger-Cohen Act of 
1996.
          This Act may be cited as the ``Treasury, Postal Service, and 
General Government Appropriations Act, 1997''.

      TITLE II--ECONOMIC GROWTH AND REGULATORY PAPERWORK REDUCTION

SEC. 2001. SHORT TITLE; TABLE OF CONTENTS; DEFINITIONS.

    (a) Short Title.--This title may be cited as the ``Economic Growth 
and Regulatory Paperwork Reduction Act of 1996''.
    (b) Table of Contents.--The table of contents for 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.
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.
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.
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.
    (c) Definitions.--Except as otherwise specified in this title, the 
following definitions shall apply for purposes of this title:
            (1) Appraisal subcommittee.--The term ``Appraisal 
        Subcommittee'' means the Appraisal Subcommittee established 
        under section 1011 of the Federal Financial Institutions 
        Examination Council Act of 1978 (as in existence on the day 
        before the date of enactment of this Act).
            (2) Appropriate Federal banking agency.--The term 
        ``appropriate Federal banking agency'' has the same meaning as 
        in section 3 of the Federal Deposit Insurance Act.
            (3) Board.--The term ``Board'' means the Board of Governors 
        of the Federal Reserve System.
            (4) Corporation.--The term ``Corporation'' means the 
        Federal Deposit Insurance Corporation.
            (5) Council.--The term ``Council'' means the Financial 
        Institutions Examination Council established under section 1004 
        of the Federal Financial Institutions Examination Council Act 
        of 1978.
            (6) Insured credit union.--The term ``insured credit 
        union'' has the same meaning as in section 101 of the Federal 
        Credit Union Act.
            (7) Insured depository institution.--The term ``insured 
        depository institution'' has the same meaning as in section 3 
        of the Federal Deposit Insurance Act.

       Subtitle A--Streamlining the Home Mortgage Lending Process

SEC. 2101. SIMPLIFICATION AND UNIFICATION OF DISCLOSURES REQUIRED UNDER 
              RESPA AND TILA FOR MORTGAGE TRANSACTIONS.

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

SEC. 2102. GENERAL EXEMPTION AUTHORITY FOR LOANS.

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

SEC. 2103. REDUCTIONS IN REAL ESTATE SETTLEMENT PROCEDURES ACT OF 1974 
              REGULATORY BURDENS.

    (a) Unnecessary Disclosure.--Section 6(a) of the Real Estate 
Settlement Procedures Act of 1974 (12 U.S.C. 2605(a)) is amended to 
read as follows:
    ``(a) Disclosure to Applicant Relating to Assignment, Sale, or 
Transfer of Loan Servicing.--Each person who makes a federally related 
mortgage loan shall disclose to each person who applies for the loan, 
at the time of application for the loan, whether the servicing of the 
loan may be assigned, sold, or transferred to any other person at any 
time while the loan is outstanding.''.
    (b) Consistency of Real Estate Settlement Procedures Act and Truth 
in Lending Act Exemption of Business Loans.--Section 7 of the Real 
Estate Settlement Procedures Act of 1974 (12 U.S.C. 2606) is amended--
            (1) by striking ``This Act'' and inserting the following:
    ``(a) In General.--This Act''; and
            (2) by adding at the end the following new subsection:
    ``(b) Interpretation.--In prescribing regulations under section 
19(a), the Secretary shall ensure that, with respect to subsection (a) 
of this section, the exemption for credit transactions involving 
extensions of credit primarily for business, commercial, or 
agricultural purposes, as provided in section 7(1) of the Real Estate 
Settlement Procedures Act of 1974 shall be the same as the exemption 
for such credit transactions under section 104(1) of the Truth in 
Lending Act.''.
    (c) Redesignation of Controlled Business Arrangements as Affiliated 
Business Arrangements.--The Real Estate Settlement Procedures Act of 
1974 (12 U.S.C. 2601 et seq.) is amended--
            (1) in section 3(7), by striking ``controlled business 
        arrangement'' and inserting ``affiliated business 
        arrangement''; and
            (2) in subsections (c)(4) and (d)(6) of section 8, by 
        striking ``controlled business arrangements'' and inserting 
        ``affiliated business arrangements''.
    (d) Disclosures by Telephone or Electronic Media.--Section 8(c)(4) 
of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 
2607(c)(4)(A)) is amended by striking subparagraph (A) and inserting 
the following ``(A) a disclosure is made of the existence of such an 
arrangement to the person being referred and, in connection with such 
referral, such person is provided a written estimate of the charge or 
range of charges generally made by the provider to which the person is 
referred (i) in the case of a face-to-face referral or a referral made 
in writing or by electronic media, at or before the time of the 
referral (and compliance with this requirement in such case may be 
evidenced by a notation in a written, electronic, or similar system of 
records maintained in the regular course of business); (ii) in the case 
of a referral made by telephone, within 3 business days after the 
referral by telephone, (and in such case an abbreviated verbal 
disclosure of the existence of the arrangement and the fact that a 
written disclosure will be provided within 3 business days shall be 
made to the person being referred during the telephone referral); or 
(iii) in the case of a referral by a lender (including a referral by a 
lender to an affiliated lender), at the time the estimates required 
under section 5(c) are provided (notwithstanding clause (i) or (ii)); 
and any required written receipt of such disclosure (without regard to 
the manner of the disclosure under clause (i), (ii), or (iii)) may be 
obtained at the closing or settlement (except that a person making a 
face-to-face referral who provides the written disclosure at or before 
the time of the referral shall attempt to obtain any required written 
receipt of such disclosure at such time and if the person being 
referred chooses not to acknowledge the receipt of the disclosure at 
that time, that fact shall be noted in the written, electronic, or 
similar system of records maintained in the regular course of business 
by the person making the referral),''.
    (e) Limitation on Claims Arising From Violations of Requirements 
for Servicing Mortgages and Administering Escrow Accounts.--Section 16 
of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2614) 
is amended--
            (1) by striking ``section 8 or 9'' and inserting ``section 
        6, 8, or 9''; and
            (2) by striking ``within one year'' and inserting ``within 
        3 years in the case of a violation of section 6 and 1 year in 
        the case of a violation of section 8 or 9''.
    (f) Delay of Effectiveness of Recent Final Regulation Relating to 
Payments to Employees.--Section 19 of the Real Estate Settlement 
Procedures Act of 1974 (12 U.S.C. 2617) is amended by adding at the end 
the following new subsection:
    ``(d) Delay of Effectiveness of Recent Final Regulation Relating to 
Payments to Employees.--
            ``(1) In general.--The amendment to part 3500 of title 24 
        of the Code of Federal Regulations contained in the final 
        regulation prescribed by the Secretary and published in the 
        Federal Register on June 7, 1996, which will, as of the 
        effective date of such amendment--
                    ``(A) eliminate the exemption for payments by an 
                employer to employees of such employer for referral 
                activities which is currently codified as section 
                3500.14(g)(1)(vii) of such title 24; and
                    ``(B) replace such exemption with a more limited 
                exemption in new clauses (vii), (viii), and (ix) of 
                section 3500.14 of such title 24,

        shall not take effect before July 31, 1997.
            ``(2) Continuation of prior rule.--The regulation codified 
        as section 3500.14(g)(1)(vii) of title 24 of the Code of 
        Federal Regulations, relating to employer-employee payments, as 
        in effect on May 1, 1996, shall remain in effect until the date 
        the amendment referred to in paragraph (1) takes effect in 
        accordance with such paragraph.
            ``(3) Public notice of effective date.--The Secretary shall 
        provide public notice of the date on which the amendment 
        referred to in paragraph (1) will take effect in accordance 
        with such paragraph not less than 90 days and not more than 180 
        days before such effective date.''.
    (g) Technical and Conforming Amendments.--
            (1) Section 4(a) of the Real Estate Settlement Procedures 
        Act of 1974 (12 U.S.C. 2603(a)) is amended by striking 
        ``Federal Home Loan Bank Board'' and inserting ``Director of 
        the Office of Thrift Supervision''.
            (2) Section 10(c)(1)(C) of the Real Estate Settlement 
        Procedures Act of 1974 (12 U.S.C. 2609(c)(1)(C)) is amended by 
        striking ``Not later than the expiration of the 90-day period 
        beginning on the date of the enactment of the Cranston-Gonzalez 
        National Affordable Housing Act, the'' and inserting ``The''.
    (h) Repeal of Obsolete Provisions.--The Real Estate Settlement 
Procedures Act of 1974 (12 U.S.C. 2601 et seq.) is amended by striking 
sections 13, 14 and 15.

SEC. 2104. WAIVER FOR CERTAIN BORROWERS.

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

SEC. 2105. ALTERNATIVE DISCLOSURES FOR ADJUSTABLE RATE MORTGAGES.

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

SEC. 2106. RESTITUTION FOR VIOLATIONS OF THE TRUTH IN LENDING ACT.

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

SEC. 2107. LIMITATION ON LIABILITY UNDER THE TRUTH IN LENDING ACT.

    (a) In General.--Section 139(a) of the Truth in Lending Act (15 
U.S.C. 1649(a)) is amended by striking ``For any consumer credit 
transaction subject to this title'' and inserting ``For any closed end 
consumer credit transaction that is secured by real property or a 
dwelling, that is subject to this title, and''.
          (b) Effective Date.--The amendment made by subsection (a) 
shall be effective as of September 30, 1995.

             Subtitle B--Streamlining Government Regulation

    CHAPTER 1--ELIMINATING UNNECESSARY REGULATORY REQUIREMENTS AND 
                               PROCEDURES

SEC. 2201. ELIMINATION OF REDUNDANT APPROVAL REQUIREMENT FOR OAKAR 
              TRANSACTIONS.

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

SEC. 2203. ELIMINATION OF DUPLICATIVE REQUIREMENTS IMPOSED UPON BANK 
              HOLDING COMPANIES.

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

SEC. 2204. ELIMINATION OF THE PER BRANCH CAPITAL REQUIREMENT FOR 
              NATIONAL BANKS AND STATE MEMBER BANKS.

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

SEC. 2205. ELIMINATION OF BRANCH APPLICATION REQUIREMENTS FOR AUTOMATIC 
              TELLER MACHINES.

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

SEC. 2206. ELIMINATION OF REQUIREMENT FOR APPROVAL OF INVESTMENTS IN 
              BANK PREMISES FOR WELL CAPITALIZED AND WELL MANAGED 
              BANKS.

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

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

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

SEC. 2207. ELIMINATION OF APPROVAL REQUIREMENT FOR DIVESTITURES.

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

SEC. 2208. STREAMLINED NONBANKING ACQUISITIONS BY WELL CAPITALIZED AND 
              WELL MANAGED BANKING ORGANIZATIONS.

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

SEC. 2209. ELIMINATION OF UNNECESSARY FILING FOR OFFICER AND DIRECTOR 
              APPOINTMENTS.

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

SEC. 2210. AMENDMENTS TO THE DEPOSITORY INSTITUTION MANAGEMENT 
              INTERLOCKS ACT.

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

SEC. 2211. ELIMINATION OF RECORDKEEPING AND REPORTING REQUIREMENTS FOR 
              OFFICERS.

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

SEC. 2212. REPAYMENT OF TREASURY LOAN.

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

SEC. 2213. BRANCH CLOSURES.

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

SEC. 2214. FOREIGN BANKS.

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

SEC. 2215. DISPOSITION OF FORECLOSED ASSETS.

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

SEC. 2216. EXEMPTION AUTHORITY FOR ANTITYING PROVISION.

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

SEC. 2217. FDIC APPROVAL OF NEW STATE BANK POWERS.

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

         CHAPTER 2--ELIMINATING UNNECESSARY REGULATORY BURDENS

SEC. 2221. SMALL BANK EXAMINATION CYCLE.

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

SEC. 2222. REQUIRED REVIEW OF REGULATIONS.

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

SEC. 2223. REPEAL OF IDENTIFICATION OF NONBANK FINANCIAL INSTITUTION 
              CUSTOMERS.

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

SEC. 2224. REPEAL OF CERTAIN REPORTING REQUIREMENTS.

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

SEC. 2225. INCREASE IN HOME MORTGAGE DISCLOSURE EXEMPTION THRESHOLD.

    (a) In General.--Section 309 of the Home Mortgage Disclosure Act of 
1975 (12 U.S.C. 2808) is amended--
            (1) by striking ``This title'' and inserting ``(a) In 
        General.--This title'';
            (2) in the 3d sentence, by inserting ``(as determined 
        without regard to the adjustment made by subsection (b))'' 
        before the period; and
            (2) by adding at the end the following new subsection:
    ``(b) CPI Adjustments.--
            ``(1) In general.--Subject to paragraph (2), the dollar 
        amount applicable with respect to institutions described in 
        section 303(2)(A) under the 2d sentence of subsection (a) shall 
        be adjusted annually after December 31, 1996, by the annual 
        percentage increase in the Consumer Price Index for Urban Wage 
        Earners and Clerical Workers published by the Bureau of Labor 
        Statistics.
            ``(2) 1-time adjustment for prior inflation.--The first 
        adjustment made under paragraph (1) after the date of the 
        enactment of the Economic Growth and Regulatory Paperwork 
        Reduction Act of 1996 shall be the percentage by which--
                    ``(A) the Consumer Price Index described in such 
                paragraph for the calendar year 1996, exceeds
                    ``(B) such Consumer Price Index for the calendar 
                year 1975.
            ``(3) Rounding.--The dollar amount applicable under 
        paragraph (1) for any calendar year shall be the amount 
        determined in accordance with subparagraphs (A) and (B) of 
        paragraph (2) and rounded to the nearest multiple of 
        $1,000,000.''.
    (b) Opportunity To Reduce Compliance Burden.--Section 304 of the 
Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2803) is amended by 
adding at the end the following new subsection:
    ``(m) Opportunity To Reduce Compliance Burden.--
            ``(1) In general.--
                    ``(A) Satisfaction of public availability 
                requirements.--A depository institution shall be deemed 
                to have satisfied the public availability requirements 
                of subsection (a) if the institution compiles the 
                information required under that subsection at the home 
                office of the institution and provides notice at the 
                branch locations specified in subsection (a) that such 
                information is available from the home office of the 
                institution upon written request.
                    ``(B) Provision of information upon request.--Not 
                later than 15 days after the receipt of a written 
                request for any information required to be compiled 
                under subsection (a), the home office of the depository 
                institution receiving the request shall provide the 
                information pertinent to the location of the branch in 
                question to the person requesting the information.
            ``(2) Form of information.--In complying with paragraph 
        (1), a depository institution shall, in the sole discretion of 
        the institution, provide the person requesting the information 
        with--
                    ``(A) a paper copy of the information requested; or
                    ``(B) if acceptable to the person, the information 
                through a form of electronic medium, such as a computer 
                disk.''.

SEC. 2226. ELIMINATION OF STOCK LOAN REPORTING REQUIREMENT.

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

SEC. 2227. CREDIT AVAILABILITY ASSESSMENT.

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

              CHAPTER 3--REGULATORY MICROMANAGEMENT RELIEF

SEC. 2241. NATIONAL BANK DIRECTORS.

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

SEC. 2242. PAPERWORK REDUCTION REVIEW.

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

SEC. 2243. STATE BANK REPRESENTATION ON BOARD OF DIRECTORS OF THE FDIC.

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

SEC. 2244. CONSULTATION AMONG EXAMINERS.

    (a) In General.--Section 10 of the Federal Deposit Insurance Act 
(12 U.S.C. 1820) is amended by adding at the end the following new 
subsection:
    ``(j) Consultation Among Examiners.--
            ``(1) In general.--Each appropriate Federal banking agency 
        shall take such action as may be necessary to ensure that 
        examiners employed by the agency--
                    ``(A) consult on examination activities with 
                respect to any depository institution; and
                    ``(B) achieve an agreement and resolve any 
                inconsistencies in the recommendations to be given to 
                such institution as a consequence of any examinations.
            ``(2) Examiner-in-charge.--Each appropriate Federal banking 
        agency shall consider appointing an examiner-in-charge with 
        respect to a depository institution to ensure consultation on 
        examination activities among all of the examiners of that 
        agency involved in examinations of the institution.''.
    (b) Coordinated and Unified Examination Flexibility.--Section 
10(d)(6)(B) of the Federal Deposit Insurance Act (12 U.S.C. 
1820(d)(6)(B)) is amended by inserting ``or State bank supervisors'' 
after ``one of the Federal agencies''.

Subtitle C--Regulatory Impact on Cost of Credit and Credit Availability

SEC. 2301. AUDIT COSTS.

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

SEC. 2302. INCENTIVES FOR SELF-TESTING.

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

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

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

``704A. Incentives for self-testing and self-correction.''.

    (b) Fair Housing.--
            (1) In general.--The Fair Housing Act (42 U.S.C. 3601 et 
        seq.) is amended by inserting after section 814 the following 
        new section:

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

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

SEC. 2303. QUALIFIED THRIFT INVESTMENT AMENDMENTS.

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

SEC. 2304. LIMITED PURPOSE BANKS.

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

SEC. 2305. AMENDMENT TO FAIR DEBT COLLECTION PRACTICES ACT.

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

SEC. 2306. INCREASE IN CERTAIN CREDIT UNION LOAN CEILINGS.

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

SEC. 2307. BANK INVESTMENTS IN EDGE ACT AND AGREEMENT CORPORATIONS.

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

                      Subtitle D--Consumer Credit

                   CHAPTER 1--CREDIT REPORTING REFORM

SEC. 2401. SHORT TITLE.

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

SEC. 2402. DEFINITIONS.

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

SEC. 2403. FURNISHING CONSUMER REPORTS; USE FOR EMPLOYMENT PURPOSES.

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

SEC. 2404. USE OF CONSUMER REPORTS FOR PRESCREENING; PROHIBITION ON 
              UNAUTHORIZED OR UNCERTIFIED USE OF INFORMATION.

    (a) In General.--Section 604 of the Fair Credit Reporting Act (15 
U.S.C. 1681b) (as amended by section 2403 of this chapter) is amended--
            (1) in subsection (a), by striking ``A consumer reporting 
        agency'' and inserting ``Subject to subsection (c), any 
        consumer reporting agency''; and
            (2) by adding at the end the following new subsections:
    ``(c) Furnishing Reports in Connection With Credit or Insurance 
Transactions That Are Not Initiated by the Consumer.--
            ``(1) In general.--A consumer reporting agency may furnish 
        a consumer report relating to any consumer pursuant to 
        subparagraph (A) or (C) of subsection (a)(3) in connection with 
        any credit or insurance transaction that is not initiated by 
        the consumer only if--
                    ``(A) the consumer authorizes the agency to provide 
                such report to such person; or
                    ``(B)(i) the transaction consists of a firm offer 
                of credit or insurance;
                    ``(ii) the consumer reporting agency has complied 
                with subsection (e); and
                    ``(iii) there is not in effect an election by the 
                consumer, made in accordance with subsection (e), to 
                have the consumer's name and address excluded from 
                lists of names provided by the agency pursuant to this 
                paragraph.
            ``(2) Limits on information received under paragraph 
        (1)(b).--A person may receive pursuant to paragraph (1)(B) 
        only--
                    ``(A) the name and address of a consumer;
                    ``(B) an identifier that is not unique to the 
                consumer and that is used by the person solely for the 
                purpose of verifying the identity of the consumer; and
                    ``(C) other information pertaining to a consumer 
                that does not identify the relationship or experience 
                of the consumer with respect to a particular creditor 
                or other entity.
            ``(3) Information regarding inquiries.--Except as provided 
        in section 609(a)(5), a consumer reporting agency shall not 
        furnish to any person a record of inquiries in connection with 
        a credit or insurance transaction that is not initiated by a 
        consumer.
    ``(d) Reserved.
    ``(e) Election of Consumer To Be Excluded From Lists.--
            ``(1) In general.--A consumer may elect to have the 
        consumer's name and address excluded from any list provided by 
        a consumer reporting agency under subsection (c)(1)(B) in 
        connection with a credit or insurance transaction that is not 
        initiated by the consumer by notifying the agency in accordance 
        with paragraph (2) that the consumer does not consent to any 
        use of a consumer report relating to the consumer in connection 
        with any credit or insurance transaction that is not initiated 
        by the consumer.
            ``(2) Manner of notification.--A consumer shall notify a 
        consumer reporting agency under paragraph (1)--
                    ``(A) through the notification system maintained by 
                the agency under paragraph (5); or
                    ``(B) by submitting to the agency a signed notice 
                of election form issued by the agency for purposes of 
                this subparagraph.
            ``(3) Response of agency after notification through 
        system.--Upon receipt of notification of the election of a 
        consumer under paragraph (1) through the notification system 
        maintained by the agency under paragraph (5), a consumer 
        reporting agency shall--
                    ``(A) inform the consumer that the election is 
                effective only for the 2-year period following the 
                election if the consumer does not submit to the agency 
                a signed notice of election form issued by the agency 
                for purposes of paragraph (2)(B); and
                    ``(B) provide to the consumer a notice of election 
                form, if requested by the consumer, not later than 5 
                business days after receipt of the notification of the 
                election through the system established under paragraph 
                (5), in the case of a request made at the time the 
                consumer provides notification through the system.
            ``(4) Effectiveness of election.--An election of a consumer 
        under paragraph (1)--
                    ``(A) shall be effective with respect to a consumer 
                reporting agency beginning 5 business days after the 
                date on which the consumer notifies the agency in 
                accordance with paragraph (2);
                    ``(B) shall be effective with respect to a consumer 
                reporting agency--
                            ``(i) subject to subparagraph (C), during 
                        the 2-year period beginning 5 business days 
                        after the date on which the consumer notifies 
                        the agency of the election, in the case of an 
                        election for which a consumer notifies the 
                        agency only in accordance with paragraph 
                        (2)(A); or
                            ``(ii) until the consumer notifies the 
                        agency under subparagraph (C), in the case of 
                        an election for which a consumer notifies the 
                        agency in accordance with paragraph (2)(B);
                    ``(C) shall not be effective after the date on 
                which the consumer notifies the agency, through the 
                notification system established by the agency under 
                paragraph (5), that the election is no longer 
                effective; and
                    ``(D) shall be effective with respect to each 
                affiliate of the agency.
            ``(5) Notification system.--
                    ``(A) In general.--Each consumer reporting agency 
                that, under subsection (c)(1)(B), furnishes a consumer 
                report in connection with a credit or insurance 
                transaction that is not initiated by a consumer shall--
                            ``(i) establish and maintain a notification 
                        system, including a toll-free telephone number, 
                        which permits any consumer whose consumer 
                        report is maintained by the agency to notify 
                        the agency, with appropriate identification, of 
                        the consumer's election to have the consumer's 
                        name and address excluded from any such list of 
                        names and addresses provided by the agency for 
                        such a transaction; and
                            ``(ii) publish by not later than 365 days 
                        after the date of enactment of the Consumer 
                        Credit Reporting Reform Act of 1996, and not 
                        less than annually thereafter, in a publication 
                        of general circulation in the area served by 
                        the agency--
                                    ``(I) a notification that 
                                information in consumer files 
                                maintained by the agency may be used in 
                                connection with such transactions; and
                                    ``(II) the address and toll-free 
                                telephone number for consumers to use 
                                to notify the agency of the consumer's 
                                election under clause (i).
                    ``(B) Establishment and maintenance as 
                compliance.--Establishment and maintenance of a 
                notification system (including a toll-free telephone 
                number) and publication by a consumer reporting agency 
                on the agency's own behalf and on behalf of any of its 
                affiliates in accordance with this paragraph is deemed 
                to be compliance with this paragraph by each of those 
                affiliates.
            ``(6) Notification system by agencies that operate 
        nationwide.--Each consumer reporting agency that compiles and 
        maintains files on consumers on a nationwide basis shall 
        establish and maintain a notification system for purposes of 
        paragraph (5) jointly with other such consumer reporting 
        agencies.''.
    (b) Use of Information Obtained From Reports.--Section 604 of the 
Fair Credit Reporting Act (15 U.S.C. 1681b) (as amended by subsection 
(a) of this section) is amended by adding at the end the following new 
subsection:
    ``(f) Certain Use or Obtaining of Information Prohibited.--A person 
shall not use or obtain a consumer report for any purpose unless--
            ``(1) the consumer report is obtained for a purpose for 
        which the consumer report is authorized to be furnished under 
        this section; and
            ``(2) the purpose is certified in accordance with section 
        607 by a prospective user of the report through a general or 
        specific certification.''.
    (c) FTC Guidelines Regarding Prescreening for Insurance 
Transactions.--The Federal Trade Commission may issue such guidelines 
as it deems necessary with respect to the use of consumer reports in 
connection with insurance transactions that are not initiated by the 
consumer pursuant to section 604(c) of the Fair Credit Reporting Act, 
as added by subsection (a) of this section.

SEC. 2405. CONSUMER CONSENT REQUIRED TO FURNISH CONSUMER REPORT 
              CONTAINING MEDICAL INFORMATION.

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

SEC. 2406. OBSOLETE INFORMATION AND INFORMATION CONTAINED IN CONSUMER 
              REPORTS.

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

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

SEC. 2407. COMPLIANCE PROCEDURES.

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

SEC. 2408. CONSUMER DISCLOSURES.

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

SEC. 2409. PROCEDURES IN CASE OF THE DISPUTED ACCURACY OF ANY 
              INFORMATION IN A CONSUMER'S FILE.

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

SEC. 2410. CHARGES FOR CERTAIN DISCLOSURES.

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

``SEC. 612. CHARGES FOR CERTAIN DISCLOSURES.

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

SEC. 2411. DUTIES OF USERS OF CONSUMER REPORTS.

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

SEC. 2412. CIVIL LIABILITY.

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

SEC. 2413. RESPONSIBILITIES OF PERSONS WHO FURNISH INFORMATION TO 
              CONSUMER REPORTING AGENCIES.

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

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

    ``(a) Duty of Furnishers of Information To Provide Accurate 
Information.--
            ``(1) Prohibition.--
                    ``(A) Reporting information with actual knowledge 
                of errors.--A person shall not furnish any information 
                relating to a consumer to any consumer reporting agency 
                if the person knows or consciously avoids knowing that 
                the information is inaccurate.
                    ``(B) Reporting information after notice and 
                confirmation of errors.--A person shall not furnish 
                information relating to a consumer to any consumer 
                reporting agency if--
                            ``(i) the person has been notified by the 
                        consumer, at the address specified by the 
                        person for such notices, that specific 
                        information is inaccurate; and
                            ``(ii) the information is, in fact, 
                        inaccurate.
                    ``(C) No address requirement.--A person who clearly 
                and conspicuously specifies to the consumer an address 
                for notices referred to in subparagraph (B) shall not 
                be subject to subparagraph (A); however, nothing in 
                subparagraph (B) shall require a person to specify such 
                an address.
            ``(2) Duty to correct and update information.--A person 
        who--
                    ``(A) regularly and in the ordinary course of 
                business furnishes information to one or more consumer 
                reporting agencies about the person's transactions or 
                experiences with any consumer; and
                    ``(B) has furnished to a consumer reporting agency 
                information that the person determines is not complete 
                or accurate,

        shall promptly notify the consumer reporting agency of that 
        determination and provide to the agency any corrections to that 
        information, or any additional information, that is necessary 
        to make the information provided by the person to the agency 
        complete and accurate, and shall not thereafter furnish to the 
        agency any of the information that remains not complete or 
        accurate.
            ``(3) Duty to provide notice of dispute.--If the 
        completeness or accuracy of any information furnished by any 
        person to any consumer reporting agency is disputed to such 
        person by a consumer, the person may not furnish the 
        information to any consumer reporting agency without notice 
        that such information is disputed by the consumer.
            ``(4) Duty to provide notice of closed accounts.--A person 
        who regularly and in the ordinary course of business furnishes 
        information to a consumer reporting agency regarding a consumer 
        who has a credit account with that person shall notify the 
        agency of the voluntary closure of the account by the consumer, 
        in information regularly furnished for the period in which the 
        account is closed.
            ``(5) Duty to provide notice of delinquency of accounts.--A 
        person who furnishes information to a consumer reporting agency 
        regarding a delinquent account being placed for collection, 
        charged to profit or loss, or subjected to any similar action 
        shall, not later than 90 days after furnishing the information, 
        notify the agency of the month and year of the commencement of 
        the delinquency that immediately preceded the action.
    ``(b) Duties of Furnishers of Information Upon Notice of Dispute.--
            ``(1) In general.--After receiving notice pursuant to 
        section 611(a)(2) of a dispute with regard to the completeness 
        or accuracy of any information provided by a person to a 
        consumer reporting agency, the person shall--
                    ``(A) conduct an investigation with respect to the 
                disputed information;
                    ``(B) review all relevant information provided by 
                the consumer reporting agency pursuant to section 
                611(a)(2);
                    ``(C) report the results of the investigation to 
                the consumer reporting agency; and
                    ``(D) if the investigation finds that the 
                information is incomplete or inaccurate, report those 
                results to all other consumer reporting agencies to 
                which the person furnished the information and that 
                compile and maintain files on consumers on a nationwide 
                basis.
            ``(2) Deadline.--A person shall complete all 
        investigations, reviews, and reports required under paragraph 
        (1) regarding information provided by the person to a consumer 
        reporting agency, before the expiration of the period under 
        section 611(a)(1) within which the consumer reporting agency is 
        required to complete actions required by that section regarding 
        that information.
    ``(c) Limitation on Liability.--Sections 616 and 617 do not apply 
to any failure to comply with subsection (a), except as provided in 
section 621(c)(1)(B).
    ``(d) Limitation on Enforcement.--Subsection (a) shall be enforced 
exclusively under section 621 by the Federal agencies and officials and 
the State officials identified in that section.''.
    (b) Conforming Amendment.--The table of sections at the beginning 
of the Fair Credit Reporting Act (15 U.S.C. 1681a et seq.) is amended 
by striking the item relating to section 623 and inserting the 
following:

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

SEC. 2414. INVESTIGATIVE CONSUMER REPORTS.

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

SEC. 2415. INCREASED CRIMINAL PENALTIES FOR OBTAINING INFORMATION UNDER 
              FALSE PRETENSES.

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

SEC. 2416. ADMINISTRATIVE ENFORCEMENT.

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

SEC. 2417. STATE ENFORCEMENT OF FAIR CREDIT REPORTING ACT.

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

SEC. 2418. FEDERAL RESERVE BOARD AUTHORITY.

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

SEC. 2419. PREEMPTION OF STATE LAW.

    Section 624 of the Fair Credit Reporting Act (as redesignated by 
section 2413(a) of this chapter) is amended--
            (1) by striking ``This title'' and inserting ``(a) In 
        General.--Except as provided in subsections (b) and (c), this 
        title''; and
            (2) by adding at the end the following new subsection:
    ``(b) General Exceptions.--No requirement or prohibition may be 
imposed under the laws of any State--
            ``(1) with respect to any subject matter regulated under--
                    ``(A) subsection (c) or (e) of section 604, 
                relating to the prescreening of consumer reports;
                    ``(B) section 611, relating to the time by which a 
                consumer reporting agency must take any action, 
                including the provision of notification to a consumer 
                or other person, in any procedure related to the 
                disputed accuracy of information in a consumer's file, 
                except that this subparagraph shall not apply to any 
                State law in effect on the date of enactment of the 
                Consumer Credit Reporting Reform Act of 1996;
                    ``(C) subsections (a) and (b) of section 615, 
                relating to the duties of a person who takes any 
                adverse action with respect to a consumer;
                    ``(D) section 615(d), relating to the duties of 
                persons who use a consumer report of a consumer in 
                connection with any credit or insurance transaction 
                that is not initiated by the consumer and that consists 
                of a firm offer of credit or insurance;
                    ``(E) section 605, relating to information 
                contained in consumer reports, except that this 
                subparagraph shall not apply to any State law in effect 
                on the date of enactment of the Consumer Credit 
                Reporting Reform Act of 1996; or
                    ``(F) section 623, relating to the responsibilities 
                of persons who furnish information to consumer 
                reporting agencies, except that this paragraph shall 
                not apply--
                            ``(i) with respect to section 54A(a) of 
                        chapter 93 of the Massachusetts Annotated Laws 
                        (as in effect on the date of enactment of the 
                        Consumer Credit Reporting Reform Act of 1996); 
                        or
                            ``(ii) with respect to section 1785.25(a) 
                        of the California Civil Code (as in effect on 
                        the date of enactment of the Consumer Credit 
                        Reporting Reform Act of 1996);
            ``(2) with respect to the exchange of information among 
        persons affiliated by common ownership or common corporate 
        control, except that this paragraph shall not apply with 
        respect to subsection (a) or (c)(1) of section 2480e of title 
        9, Vermont Statutes Annotated (as in effect on the date of 
        enactment of the Consumer Credit Reporting Reform Act of 1996); 
        or
            ``(3) with respect to the form and content of any 
        disclosure required to be made under section 609(c).
    ``(c) Definition of Firm Offer of Credit or Insurance.--
Notwithstanding any definition of the term `firm offer of credit or 
insurance' (or any equivalent term) under the laws of any State, the 
definition of that term contained in section 603(l) shall be construed 
to apply in the enforcement and interpretation of the laws of any State 
governing consumer reports.
    ``(d) Limitations.--Subsections (b) and (c)--
            ``(1) do not affect any settlement, agreement, or consent 
        judgment between any State Attorney General and any consumer 
        reporting agency in effect on the date of enactment of the 
        Consumer Credit Reporting Reform Act of 1996; and
            ``(2) do not apply to any provision of State law (including 
        any provision of a State constitution) that--
                    ``(A) is enacted after January 1, 2004;
                    ``(B) states explicitly that the provision is 
                intended to supplement this title; and
                    ``(C) gives greater protection to consumers than is 
                provided under this title.''.

SEC. 2420. EFFECTIVE DATE.

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

SEC. 2421. RELATIONSHIP TO OTHER LAW.

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

SEC. 2422. FEDERAL RESERVE BOARD STUDY.

    (a) Study Required.--The Board of Governors of the Federal Reserve 
System, in consultation with the other Federal banking agencies (as 
defined in section 3 of the Federal Deposit Insurance Act) and the 
Federal Trade Commission, shall conduct a study of whether 
organizations which, as of the date of the enactment of this Act, are 
not subject to the Fair Credit Reporting Act as consumer reporting 
agencies (as defined in section 603 of such Act) are engaged in the 
business of making sensitive consumer identification information, 
including social security numbers, mothers' maiden names, prior 
addresses, and dates of birth, available to the general public.
    (b) Determination of Potential for Fraud.--If the Board of 
Governors of the Federal Reserve System determines that organizations 
referred to in subsection (a) are engaged in the business of making 
sensitive consumer identification information available to the general 
public, the Board shall determine--
            (1) whether such activities create undue potential for 
        fraud and risk of loss to insured depository institutions (as 
        defined in section 3 of the Federal Deposit Insurance Act); and
            (2) if so, whether changes in Federal law are necessary to 
        address such risks of fraud and loss.
    (c) Report to Congress.--Before the end of the 6-month period 
beginning on the date of the enactment of this Act, the Board of 
Governors of the Federal Reserve System shall submit a report to the 
Congress containing--
            (1) the findings and conclusion of the Board in connection 
        with the study required under subsections (a) and (b); and
            (2) recommendations for such legislative or administrative 
        action as the Board determines to be appropriate.

                 CHAPTER 2--CREDIT REPAIR ORGANIZATIONS

SEC. 2451. REGULATION OF CREDIT REPAIR ORGANIZATIONS.

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

                ``TITLE IV--CREDIT REPAIR ORGANIZATIONS

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

``SEC. 401. SHORT TITLE.

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

``SEC. 402. FINDINGS AND PURPOSES.

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

``SEC. 403. DEFINITIONS.

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

``SEC. 404. PROHIBITED PRACTICES.

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

``SEC. 405. DISCLOSURES.

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

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

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

                     ```The Public Reference Branch

                      ```Federal Trade Commission

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

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

``SEC. 406. CREDIT REPAIR ORGANIZATIONS CONTRACTS.

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

``SEC. 407. RIGHT TO CANCEL CONTRACT.

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

``SEC. 408. NONCOMPLIANCE WITH THIS TITLE.

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

``SEC. 409. CIVIL LIABILITY.

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

``SEC. 410. ADMINISTRATIVE ENFORCEMENT.

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

``SEC. 411. STATUTE OF LIMITATIONS.

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

``SEC. 412. RELATION TO STATE LAW.

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

``SEC. 413. EFFECTIVE DATE.

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

SEC. 2452. CREDIT WORTHINESS.

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

Subtitle E--Asset Conservation, Lender Liability, and Deposit Insurance 
                               Protection

SEC. 2501. SHORT TITLE.

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

SEC. 2502. CERCLA LENDER AND FIDUCIARY LIABILITY LIMITATIONS 
              AMENDMENTS.

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

SEC. 2503. CONFORMING AMENDMENT.

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

SEC. 2504. LENDER LIABILITY RULE.

    (a) In General.--Effective on the date of enactment of this Act, 
the portion of the final rule issued by the Administrator of the 
Environmental Protection Agency on April 29, 1992 (57 Fed. Reg. 
18,344), prescribing section 300.1105 of title 40, Code of Federal 
Regulations, shall be deemed to have been validly issued under 
authority of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and to have been 
effective according to the terms of the final rule. No additional 
judicial proceedings shall be necessary or may be held with respect to 
such portion of the final rule. Any reference in that portion of the 
final rule to section 300.1100 of title 40, Code of Federal 
Regulations, shall be deemed to be a reference to the amendments made 
by this subtitle.
    (b) Judicial Review.--Notwithstanding section 113(a) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9613(a)), no court shall have jurisdiction to review 
the portion of the final rule issued by the Administrator of the 
Environmental Protection Agency on April 29, 1992 (57 Fed. Reg. 18,344) 
that prescribed section 300.1105 of title 40, Code of Federal 
Regulations.
    (c) Amendment.--No provision of this section shall be construed as 
limiting the authority of the President or a delegee of the President 
to amend the portion of the final rule issued by the Administrator of 
the Environmental Protection Agency on April 29, 1992 (57 Fed. Reg. 
18,344), prescribing section 300.1105 of title 40, Code of Federal 
Regulations, consistent with the amendments made by this subtitle and 
other applicable law.
    (d) Judicial Review.--No provision of this section shall be 
construed as precluding judicial review of any amendment of section 
300.1105 of title 40, Code of Federal Regulations, made after the date 
of enactment of this Act.

SEC. 2505. EFFECTIVE DATE.

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

                       Subtitle F--Miscellaneous

SEC. 2601. FEDERAL RESERVE BOARD STUDY.

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

SEC. 2602. TREATMENT OF CLAIMS ARISING FROM BREACH OF CONTRACTS 
              EXECUTED BY THE RECEIVER OR CONSERVATOR.

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

SEC. 2603. CRIMINAL SANCTIONS FOR FICTITIOUS FINANCIAL INSTRUMENTS AND 
              COUNTERFEITING.

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

``514. Fictitious obligations.''.

SEC. 2604. AMENDMENTS TO THE TRUTH IN SAVINGS ACT.

    (a) Repeal.--Effective as of the end of the 5-year period beginning 
on the date of the enactment of this Act, section 271 of the Truth in 
Savings Act (12 U.S.C. 4310) is repealed.
    (b) On-Premises Displays.--Section 263(c) of the Truth in Savings 
Act (12 U.S.C. 4302(c)) is amended--
            (1) by striking paragraph (2);
            (2) by striking ``(1) In general.--''; and
            (3) by redesignating subparagraphs (A) and (B) as 
        paragraphs (1) and (2), respectively, and indenting 
        appropriately.
    (c) Depository Institution Definition.--Section 274(6) of the Truth 
in Savings Act (12 U.S.C. 4313(6)) is amended by inserting before the 
period ``, but does not include any nonautomated credit union that was 
not required to comply with the requirements of this title as of the 
date of enactment of the Economic Growth and Regulatory Paperwork 
Reduction Act of 1996, pursuant to the determination of the National 
Credit Union Administration Board''.
    (d) Time Deposits.--Section 266(a)(3) of the Truth in Savings Act 
(12 U.S.C. 4305(a)(3)) is amended by inserting ``has a maturity of more 
than 30 days'' after ``deposit which''.

SEC. 2605. CONSUMER LEASING ACT AMENDMENTS.

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

``SEC. 187. REGULATIONS.

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

``187. Regulations.''.

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

SEC. 2606. STUDY OF CORPORATE CREDIT UNIONS.

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

SEC. 2607. REPORT ON THE RECONCILIATION OF DIFFERENCES BETWEEN 
              REGULATORY ACCOUNTING PRINCIPLES AND GENERALLY ACCEPTED 
              ACCOUNTING PRINCIPLES.

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

SEC. 2608. STATE-BY-STATE AND METROPOLITAN AREA-BY-METROPOLITAN AREA 
              STUDY OF BANK FEES.

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

SEC. 2609. PROSPECTIVE APPLICATION OF GOLD CLAUSES IN CONTRACTS.

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

SEC. 2610. QUALIFIED FAMILY PARTNERSHIPS.

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

SEC. 2611. COOPERATIVE EFFORTS BETWEEN DEPOSITORY INSTITUTIONS AND 
              FARMERS AND RANCHERS IN DROUGHT-STRICKEN AREAS.

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

SEC. 2612. STREAMLINING PROCESS FOR DETERMINING NEW NONBANKING 
              ACTIVITIES.

    Section 4(c)(8) of the Bank Holding Company Act of 1956 (12 U.S.C. 
1843(c)(8)) is amended by striking ``and opportunity for hearing'' and 
inserting the following: ``(and opportunity for hearing in the case of 
an acquisition of a savings association)''.

SEC. 2613. AUTHORIZING BANK SERVICE COMPANIES TO ORGANIZE AS LIMITED 
              LIABILITY COMPANIES.

    (a) Amendment to Short Title.--Section 1 of the Bank Service 
Corporation Act (12 U.S.C. 1861(a)) is amended by striking subsection 
(a) and inserting the following new subsection:
    ``(a) Short Title.--This Act may be cited as the `Bank Service 
Company Act'.'';
    (b) Amendments to Definitions.--Section 1(b) of the Bank Service 
Corporation Act (12 U.S.C. 1861(b)) is amended--
            (1) by striking paragraph (2) and inserting the following 
        new paragraph:
            ``(2) the term `bank service company' means--
                    ``(A) any corporation--
                            ``(i) which is organized to perform 
                        services authorized by this Act; and
                            ``(ii) all of the capital stock of which is 
                        owned by 1 or more insured banks; and
                    ``(B) any limited liability company--
                            ``(i) which is organized to perform 
                        services authorized by this Act; and
                            ``(ii) all of the members of which are 1 or 
                        more insured banks.'';
            (2) in paragraph (6)--
                    (A) by striking ``corporation'' and inserting 
                ``company''; and
                    (B) by striking ``and'' after the semicolon;
            (3) by redesignating paragraph (7) as paragraph (8) and 
        inserting after paragraph (6) the following new paragraph:
            ``(7) the term `limited liability company' means any 
        company, partnership, trust, or similar business entity 
        organized under the law of a State (as defined in section 3 of 
        the Federal Deposit Insurance Act) which provides that a member 
        or manager of such company is not personally liable for a debt, 
        obligation, or liability of the company solely by reason of 
        being, or acting as, a member or manager of such company; 
        and''; and
            (4) in paragraph (8) (as so redesignated)--
                    (A) by striking ``corporation'' each place such 
                term appears and inserting ``company''; and
                    (B) by striking ``capital stock'' and inserting 
                ``equity''.
    (c) Amendments to Section 2.--Section 2 of the Bank Service 
Corporation Act (12 U.S.C. 1862) is amended--
            (1) by striking ``corporation'' and inserting ``company'';
            (2) by striking ``corporations'' and inserting 
        ``companies''; and
            (3) in the heading for such section, by striking 
        ``corporation'' and inserting ``company''.
    (d) Amendments to Section 3.--Section 3 of the Bank Service 
Corporation Act (12 U.S.C. 1863) is amended--
            (1) by striking ``corporation'' each place such term 
        appears and inserting ``company''; and
            (2) in the heading for such section, by striking 
        ``corporation'' and inserting ``company''.
    (e) Amendments to Section 4.--Section 4 of the Bank Service 
Corporation Act (12 U.S.C. 1864) is amended--
            (1) by striking ``corporation'' each place such term 
        appears and inserting ``company'';
            (2) in subsection (b), by inserting ``or members'' after 
        ``shareholders'' each place such term appears;
            (3) in subsections (c) and (d), by inserting ``or member'' 
        after ``shareholder'' each place such term appears;
            (4) in subsection (e)--
                    (A) by inserting ``or members'' after ``national 
                bank and State bank shareholders'';
                    (B) by striking ``its national bank shareholder or 
                shareholders'' and inserting ``any shareholder or 
                member of the company which is a national bank'';
                    (C) by striking ``its State bank shareholder or 
                shareholders'' and inserting ``any shareholder or 
                member of the company which is a State bank'';
                    (D) by striking ``such State bank or banks'' and 
                inserting ``any such State bank''; and
                    (E) by inserting ``or members'' after ``State bank 
                and national bank shareholders''; and
            (5) in the heading for such section, by striking 
        ``corporation'' and inserting ``company''.
    (f) Amendments to Section 5.--Section 5 of the Bank Service 
Corporation Act (12 U.S.C. 1865) is amended--
            (1) by striking ``corporation'' each place such term 
        appears and inserting ``company''; and
            (2) in the heading for such section, by striking 
        ``corporations'' and inserting ``companies''.
    (g) Amendments to Section 6.--Section 6 of the Bank Service 
Corporation Act (12 U.S.C. 1866) is amended--
            (1) by striking ``corporation'' each place such term 
        appears and inserting ``company'';
            (2) by inserting ``or is not a member of'' after ``does not 
        own stock in'';
            (3) by striking ``the nonstockholding institution'' and 
        inserting ``such depository institution'';
            (4) by inserting ``or is a member of'' after ``that owns 
        stock in'';
            (5) in paragraphs (1) and (2), by inserting ``or 
        nonmember'' after ``nonstockholding''; and
            (6) in the heading for such section by inserting ``or 
        nonmembers'' after ``nonstockholders''.
    (h) Amendments to Section 7.--Section 7 of the Bank Service 
Corporation Act (12 U.S.C. 1867) is amended--
            (1) by striking ``corporation'' each place such term 
        appears and inserting ``company'';
            (2) in subsection (a)--
                    (A) by inserting ``or principal member'' after 
                ``principal shareholder''; and
                    (B) by inserting ``or member'' after ``other 
                shareholder''; and
            (3) in the heading for such section, by striking 
        ``corporations'' and inserting ``companies''.

SEC. 2614. RETIREMENT CERTIFICATES OF DEPOSITS.

    (a) In General.--Section 3(l)(5) of the Federal Deposit Insurance 
Act (12 U.S.C. 1813(l)(5) is amended--
            (1) in subparagraph (A), by striking ``and'' at the end;
            (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(C) any liability of an insured depository 
                institution that arises under an annuity contract, the 
                income of which is tax deferred under section 72 of the 
                Internal Revenue Code of 1986.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to any liability of an insured depository that arises under an 
annuity contract issued on or after the date of enactment of this Act.

SEC. 2615. PROHIBITIONS ON CERTAIN DEPOSITORY INSTITUTION ASSOCIATIONS 
              WITH GOVERNMENT-SPONSORED ENTERPRISES.

    (a) Credit Unions.--Section 201 of the Federal Credit Union Act (12 
U.S.C. 1781) is amended by adding at the end the following new 
subsection:
    ``(e) Prohibition on Certain Associations.--
            ``(1) In general.--No insured credit union may be sponsored 
        by or accept financial support, directly or indirectly, from 
        any Government-sponsored enterprise, if the credit union 
        includes the customers of the Government-sponsored enterprise 
        in the field of membership of the credit union.
            ``(2) Routine business financing.--Paragraph (1) shall not 
        apply with respect to advances or other forms of financial 
        assistance generally provided by a Government-sponsored 
        enterprise in the ordinary course of business of the 
        enterprise.
            ``(3) Government-sponsored enterprise defined.--For 
        purposes of this subsection, the term `Government-sponsored 
        enterprise' has the meaning given to such term in section 
        1404(e)(1)(A) of the Financial Institutions Reform, Recovery, 
        and Enforcement Act of 1989.
            ``(4) Employee credit union.--No provision of this 
        subsection shall be construed as prohibiting any employee of a 
        Government-sponsored enterprise from becoming a member of a 
        credit union whose field of membership is the employees of such 
        enterprise.''.
    (b) Banks and Savings Associations.--Section 18 of the Federal 
Deposit Insurance Act (12 U.S.C. 1828) is amended by adding at the end 
the following new subsection:
    ``(s) Prohibition on Certain Affiliations.--
            ``(1) In general.--No depository institution may be an 
        affiliate of, be sponsored by, or accept financial support, 
        directly or indirectly, from any Government-sponsored 
        enterprise.
            ``(2) Exception for members of a federal home loan bank.--
        Paragraph (1) shall not apply with respect to the membership of 
        a depository institution in a Federal home loan bank.
            ``(3) Routine business financing.--Paragraph (1) shall not 
        apply with respect to advances or other forms of financial 
        assistance provided by a Government-sponsored enterprise 
        pursuant to the statutes governing such enterprise.
            ``(4) Government-sponsored enterprise defined.--For 
        purposes of this subsection, the term `Government-sponsored 
        enterprise' has the meaning given to such term in section 
        1404(e)(1)(A) of the Financial Institutions Reform, Recovery, 
        and Enforcement Act of 1989.''.
    (c) Effective Date.--The amendments made by this section shall 
apply on and after January 1, 1996.

                  Subtitle G--Deposit Insurance Funds

SEC. 2701. SHORT TITLE.

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

SEC. 2702. SPECIAL ASSESSMENT TO CAPITALIZE SAIF.

    (a) In General.--Except as provided in subsection (f), the Board of 
Directors of the Federal Deposit Insurance Corporation shall impose a 
special assessment on the SAIF-assessable deposits of each insured 
depository institution in accordance with assessment regulations of the 
Corporation at a rate applicable to all such institutions that the 
Board of Directors, in its sole discretion, determines (after taking 
into account the adjustments described in subsections (g), (h), and 
(j)) will cause the Savings Association Insurance Fund to achieve the 
designated reserve ratio on the first business day of the 1st month 
beginning after the date of the enactment of this Act.
    (b) Factors To Be Considered.--In carrying out subsection (a), the 
Board of Directors shall base its determination on--
            (1) the monthly Savings Association Insurance Fund balance 
        most recently calculated;
            (2) data on insured deposits reported in the most recent 
        reports of condition filed not later than 70 days before the 
        date of enactment of this Act by insured depository 
        institutions; and
            (3) any other factors that the Board of Directors deems 
        appropriate.
    (c) Date of Determination.--For purposes of subsection (a), the 
amount of the SAIF-assessable deposits of an insured depository 
institution shall be determined as of March 31, 1995.
    (d) Date Payment Due.--Except as provided in subsection (g), the 
special assessment imposed under this section shall be--
            (1) due on the first business day of the 1st month 
        beginning after the date of the enactment of this Act; and
            (2) paid to the Corporation on the later of--
                    (A) the first business day of the 1st month 
                beginning after such date of enactment; or
                    (B) such other date as the Corporation shall 
                prescribe, but not later than 60 days after the date of 
                enactment of this Act.
    (e) Assessment Deposited in SAIF.--Notwithstanding any other 
provision of law, the proceeds of the special assessment imposed under 
this section shall be deposited in the Savings Association Insurance 
Fund.
    (f) Exemptions for Certain Institutions.--
            (1) Exemption for weak institutions.--The Board of 
        Directors may, by order, in its sole discretion, exempt any 
        insured depository institution that the Board of Directors 
        determines to be weak, from paying the special assessment 
        imposed under this section if the Board of Directors determines 
        that the exemption would reduce risk to the Savings Association 
        Insurance Fund.
            (2) Guidelines required.--Not later than 30 days after the 
        date of enactment of this Act, the Board of Directors shall 
        prescribe guidelines setting forth the criteria that the Board 
        of Directors will use in exempting institutions under paragraph 
        (1). Such guidelines shall be published in the Federal 
        Register.
            (3) Exemption for certain newly chartered and other defined 
        institutions.--
                    (A) In general.--In addition to the institutions 
                exempted from paying the special assessment under 
                paragraph (1), the Board of Directors shall exempt any 
                insured depository institution from payment of the 
                special assessment if the institution--
                            (i) was in existence on October 1, 1995, 
                        and held no SAIF-assessable deposits before 
                        January 1, 1993;
                            (ii) is a Federal savings bank which--
                                    (I) was established de novo in 
                                April 1994 in order to acquire the 
                                deposits of a savings association which 
                                was in default or in danger of default; 
                                and
                                    (II) received minority interim 
                                capital assistance from the Resolution 
                                Trust Corporation under section 21A(w) 
                                of the Federal Home Loan Bank Act in 
                                connection with the acquisition of any 
                                such savings association; or
                            (iii) is a savings association, the 
                        deposits of which are insured by the Savings 
                        Association Insurance Fund, which--
                                    (I) before January 1, 1987, was 
                                chartered as a Federal savings bank 
                                insured by the Federal Savings and Loan 
                                Insurance Corporation for the purpose 
                                of acquiring all or substantially all 
                                of the assets and assuming all or 
                                substantially all of the deposit 
                                liabilities of a national bank in a 
                                transaction consummated after July 1, 
                                1986; and
                                    (II) as of the date of that 
                                transaction, had assets of less than 
                                $150,000,000.
                    (B) Definition.--For purposes of this paragraph, an 
                institution shall be deemed to have held SAIF-
                assessable deposits before January 1, 1993, if--
                            (i) it directly held SAIF-assessable 
                        deposits before that date; or
                            (ii) it succeeded to, acquired, purchased, 
                        or otherwise holds any SAIF-assessable deposits 
                        as of the date of enactment of this Act that 
                        were SAIF-assessable deposits before January 1, 
                        1993.
            (4) Exempt institutions required to pay assessments at 
        former rates.--
                    (A) Payments to saif and dif.--Any insured 
                depository institution that the Board of Directors 
                exempts under this subsection from paying the special 
                assessment imposed under this section shall pay 
                semiannual assessments--
                            (i) during calendar years 1996, 1997, and 
                        1998, into the Savings Association Insurance 
                        Fund, based on SAIF-assessable deposits of that 
                        institution, at assessment rates calculated 
                        under the schedule in effect for Savings 
                        Association Insurance Fund members on June 30, 
                        1995; and
                            (ii) during calendar year 1999--
                                    (I) into the Deposit Insurance 
                                Fund, based on SAIF-assessable deposits 
                                of that institution as of December 31, 
                                1998, at assessment rates calculated 
                                under the schedule in effect for 
                                Savings Association Insurance Fund 
                                members on June 30, 1995; or
                                    (II) in accordance with clause (i), 
                                if the Bank Insurance Fund and the 
                                Savings Association Insurance Fund are 
                                not merged into the Deposit Insurance 
                                Fund.
                    (B) Optional pro rata payment of special 
                assessment.--This paragraph shall not apply with 
                respect to any insured depository institution (or 
                successor insured depository institution) that has 
                paid, during any calendar year from 1997 through 1999, 
                upon such terms as the Corporation may announce, an 
                amount equal to the product of--
                            (i) 16.7 percent of the special assessment 
                        that the institution would have been required 
                        to pay under subsection (a), if the Board of 
                        Directors had not exempted the institution; and
                            (ii) the number of full semiannual periods 
                        remaining between the date of the payment and 
                        December 31, 1999.
    (g) Special Election for Certain Institutions Facing Hardship as a 
Result of the Special Assessment.--
            (1) Election authorized.--If--
                    (A) an insured depository institution, or any 
                depository institution holding company which, directly 
                or indirectly, controls such institution, is subject to 
                terms or covenants in any debt obligation or preferred 
                stock outstanding on September 13, 1995; and
                    (B) the payment of the special assessment under 
                subsection (a) would pose a significant risk of causing 
                such depository institution or holding company to 
                default or violate any such term or covenant,
        the depository institution may elect, with the approval of the 
        Corporation, to pay such special assessment in accordance with 
        paragraphs (2) and (3) in lieu of paying such assessment in the 
        manner required under subsection (a).
            (2) 1st assessment.--An insured depository institution 
        which makes an election under paragraph (1) shall pay an 
        assessment in an amount equal to 50 percent of the amount of 
        the special assessment that would otherwise apply under 
        subsection (a), by the date on which such special assessment is 
        payable under subsection (d).
            (3) 2d assessment.--An insured depository institution which 
        makes an election under paragraph (1) shall pay a 2d 
        assessment, by the date established by the Board of Directors 
        in accordance with paragraph (4), in an amount equal to the 
        product of 51 percent of the rate determined by the Board of 
        Directors under subsection (a) for determining the amount of 
        the special assessment and the SAIF-assessable deposits of the 
        institution on March 31, 1996, or such other date in calendar 
        year 1996 as the Board of Directors determines to be 
        appropriate.
            (4) Due date of 2d assessment.--The date established by the 
        Board of Directors for the payment of the assessment under 
        paragraph (3) by a depository institution shall be the earliest 
        practicable date which the Board of Directors determines to be 
        appropriate, which is at least 15 days after the date used by 
        the Board of Directors under paragraph (3).
            (5) Supplemental special assessment.--An insured depository 
        institution which makes an election under paragraph (1) shall 
        pay a supplemental special assessment, at the same time the 
        payment under paragraph (3) is made, in an amount equal to the 
        product of--
                    (A) 50 percent of the rate determined by the Board 
                of Directors under subsection (a) for determining the 
                amount of the special assessment; and
                    (B) 95 percent of the amount by which the SAIF-
                assessable deposits used by the Board of Directors for 
                determining the amount of the 1st assessment under 
                paragraph (2) exceeds, if any, the SAIF-assessable 
                deposits used by the Board for determining the amount 
                of the 2d assessment under paragraph (3).
    (h) Adjustment of Special Assessment for Certain Bank Insurance 
Fund Member Banks.--
            (1) In general.--For purposes of computing the special 
        assessment imposed under this section with respect to a Bank 
        Insurance Fund member bank, the amount of any deposits of any 
        insured depository institution which section 5(d)(3) of the 
        Federal Deposit Insurance Act treats as insured by the Savings 
        Association Insurance Fund shall be reduced by 20 percent--
                    (A) if the adjusted attributable deposit amount of 
                the Bank Insurance Fund member bank is less than 50 
                percent of the total domestic deposits of that member 
                bank as of June 30, 1995; or
                    (B) if, as of June 30, 1995, the Bank Insurance 
                Fund member--
                            (i) had an adjusted attributable deposit 
                        amount equal to less than 75 percent of the 
                        total assessable deposits of that member bank;
                            (ii) had total assessable deposits greater 
                        than $5,000,000,000; and
                            (iii) was owned or controlled by a bank 
                        holding company that owned or controlled 
                        insured depository institutions having an 
                        aggregate amount of deposits insured or treated 
                        as insured by the Bank Insurance Fund greater 
                        than the aggregate amount of deposits insured 
                        or treated as insured by the Savings 
                        Association Insurance Fund.
            (2) Adjusted attributable deposit amount.--For purposes of 
        this subsection, the ``adjusted attributable deposit amount'' 
        shall be determined in accordance with section 5(d)(3)(C) of 
        the Federal Deposit Insurance Act.
    (i) Adjustment to the Adjusted Attributable Deposit Amount for 
Certain Bank Insurance Fund Member Banks.--Section 5(d)(3) of the 
Federal Deposit Insurance Act (12 U.S.C. 1815(d)(3)) is amended--
            (1) in subparagraph (C), by striking ``The adjusted 
        attributable deposit amount'' and inserting ``Except as 
        provided in subparagraph (K), the adjusted attributable deposit 
        amount''; and
            (2) by adding at the end the following new subparagraph:
                    ``(K) Adjustment of adjusted attributable deposit 
                amount.--The amount determined under subparagraph 
                (C)(i) for deposits acquired by March 31, 1995, shall 
                be reduced by 20 percent for purposes of computing the 
                adjusted attributable deposit amount for the payment of 
                any assessment for any semiannual period that begins 
                after the date of the enactment of the Deposit 
                Insurance Funds Act of 1996 (other than the special 
                assessment imposed under section 2702(a) of such Act), 
                for a Bank Insurance Fund member bank that, as of June 
                30, 1995--
                            ``(i) had an adjusted attributable deposit 
                        amount that was less than 50 percent of the 
                        total deposits of that member bank; or
                            ``(ii)(I) had an adjusted attributable 
                        deposit amount equal to less than 75 percent of 
                        the total assessable deposits of that member 
                        bank;
                            ``(II) had total assessable deposits 
                        greater than $5,000,000,000; and
                            ``(III) was owned or controlled by a bank 
                        holding company that owned or controlled 
                        insured depository institutions having an 
                        aggregate amount of deposits insured or treated 
                        as insured by the Bank Insurance Fund greater 
                        than the aggregate amount of deposits insured 
                        or treated as insured by the Savings 
                        Association Insurance Fund.''.
    (j) Adjustment of Special Assessment for Certain Savings 
Associations.--
            (1) Special assessment reduction.--For purposes of 
        computing the special assessment imposed under this section, in 
        the case of any converted association, the amount of any 
        deposits of such association which were insured by the Savings 
        Association Insurance Fund as of March 31, 1995, shall be 
        reduced by 20 percent.
            (2) Converted association.--For purposes of this 
        subsection, the term ``converted association'' means--
                    (A) any Federal savings association--
                            (i) that is a member of the Savings 
                        Association Insurance Fund and that has 
                        deposits subject to assessment by that fund 
                        which did not exceed $4,000,000,000, as of 
                        March 31, 1995; and
                            (ii) that had been, or is a successor by 
                        merger, acquisition, or otherwise to an 
                        institution that had been, a State savings 
                        bank, the deposits of which were insured by the 
                        Federal Deposit Insurance Corporation before 
                        August 9, 1989, that converted to a Federal 
                        savings association pursuant to section 5(i) of 
                        the Home Owners' Loan Act before January 1, 
                        1985;
                    (B) a State depository institution that is a member 
                of the Savings Association Insurance Fund that had been 
                a State savings bank before October 15, 1982, and was a 
                Federal savings association on August 9, 1989;
                    (C) an insured bank that--
                            (i) was established de novo in order to 
                        acquire the deposits of a savings association 
                        in default or in danger of default;
                            (ii) did not open for business before 
                        acquiring the deposits of such savings 
                        association; and
                            (iii) was a Savings Association Insurance 
                        Fund member before the date of enactment of 
                        this Act; and
                    (D) an insured bank that--
                            (i) resulted from a savings association 
                        before December 19, 1991, in accordance with 
                        section 5(d)(2)(G) of the Federal Deposit 
                        Insurance Act; and
                            (ii) had an increase in its capital in 
                        conjunction with the conversion in an amount 
                        equal to more than 75 percent of the capital of 
                        the institution on the day before the date of 
                        the conversion.

SEC. 2703. FINANCING CORPORATION FUNDING.

    (a) In General.--Section 21 of the Federal Home Loan Bank Act (12 
U.S.C. 1441) is amended--
            (1) in subsection (f)(2)--
                    (A) in the matter immediately preceding 
                subparagraph (A)--
                            (i) by striking ``To the extent the amounts 
                        available pursuant to paragraph (1) are 
                        insufficient to cover the amount of interest 
                        payments, issuance costs, and custodial fees,'' 
                        and inserting ``In addition to the amounts 
                        obtained pursuant to paragraph (1),'';
                            (ii) by striking ``Savings Association 
                        Insurance Fund member'' and inserting ``insured 
                        depository institution''; and
                            (iii) by striking ``members'' and inserting 
                        ``institutions''; and
                    (B) by striking ``, except that--'' and all that 
                follows through the end of the paragraph and inserting 
                ``, except that--
                    ``(A) the assessments imposed on insured depository 
                institutions with respect to any BIF-assessable deposit 
                shall be assessed at a rate equal to \1/5\ of the rate 
                of the assessments imposed on insured depository 
                institutions with respect to any SAIF-assessable 
                deposit; and
                    ``(B) no limitation under clause (i) or (iii) of 
                section 7(b)(2)(A) of the Federal Deposit Insurance Act 
                shall apply for purposes of this paragraph.''; and
            (2) in subsection (k)--
                    (A) by striking ``section--'' and inserting 
                ``section, the following definitions shall apply:'';
                    (B) by striking paragraph (1);
                    (C) by redesignating paragraphs (2) and (3) as 
                paragraphs (1) and (2), respectively; and
                    (D) by adding at the end the following new 
                paragraphs:
            ``(3) Insured depository institution.--The term `insured 
        depository institution' has the same meaning as in section 3 of 
        the Federal Deposit Insurance Act
            ``(4) Deposit terms.--
                    ``(A) BIF-assessable deposits.--The term `BIF-
                assessable deposit' means a deposit that is subject to 
                assessment for purposes of the Bank Insurance Fund 
                under the Federal Deposit Insurance Act (including a 
                deposit that is treated as a deposit insured by the 
                Bank Insurance Fund under section 5(d)(3) of the 
                Federal Deposit Insurance Act).
                    ``(B) SAIF-assessable deposit.--The term `SAIF-
                assessable deposit' has the meaning given to such term 
                in section 2710 of the Deposit Insurance Funds Act of 
                1996.''.
    (b) Conforming Amendment.--Section 7(b)(2) of the Federal Deposit 
Insurance Act (12 U.S.C. 1817(b)(2)) is amended by striking 
subparagraph (D).
    (c) Effective Date.--
            (1) In general.--Subsections (a) and (c) and the amendments 
        made by such subsections shall apply with respect to semiannual 
        periods which begin after December 31, 1996.
            (2) Termination of certain assessment rates.--Subparagraph 
        (A) of section 21(f)(2) of the Federal Home Loan Bank Act (as 
        amended by subsection (a)) shall not apply after the earlier 
        of--
                    (A) December 31, 1999; or
                    (B) the date as of which the last savings 
                association ceases to exist.
    (d) Prohibition on Deposit Shifting.--
            (1) In general.--Effective as of the date of the enactment 
        of this Act and ending on the date provided in subsection 
        (c)(2) of this section, the Comptroller of the Currency, the 
        Board of Directors of the Federal Deposit Insurance 
        Corporation, the Board of Governors of the Federal Reserve 
        System, and the Director of the Office of Thrift Supervision 
        shall take appropriate actions, including enforcement actions, 
        denial of applications, or imposition of entrance and exit fees 
        as if such transactions qualified as conversion transactions 
        pursuant to section 5(d) of the Federal Deposit Insurance Act, 
        to prevent insured depository institutions and depository 
        institution holding companies from facilitating or encouraging 
        the shifting of deposits from SAIF-assessable deposits to BIF-
        assessable deposits (as defined in section 21(k) of the Federal 
        Home Loan Bank Act) for the purpose of evading the assessments 
        imposed on insured depository institutions with respect to 
        SAIF-assessable deposits under section 7(b) of the Federal 
        Deposit Insurance Act and section 21(f)(2) of the Federal Home 
        Loan Bank Act.
            (2) Regulations.--The Board of Directors of the Federal 
        Deposit Insurance Corporation may issue regulations, including 
        regulations defining terms used in paragraph (1), to prevent 
        the shifting of deposits described in such paragraph.
            (3) Rule of construction.--No provision of this subsection 
        shall be construed as prohibiting conduct or activity of any 
        insured depository institution which--
                    (A) is undertaken in the ordinary course of 
                business of such depository institution; and
                    (B) is not directed towards the depositors of an 
                insured depository institution affiliate (as defined in 
                section 2(k) of the Bank Holding Company Act of 1956) 
                of such depository institution.

SEC. 2704. MERGER OF BIF AND SAIF.

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

SEC. 2705. CREATION OF SAIF SPECIAL RESERVE.

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

SEC. 2706. REFUND OF AMOUNTS IN DEPOSIT INSURANCE FUND IN EXCESS OF 
              DESIGNATED RESERVE AMOUNT.

    Subsection (e) of section 7 of the Federal Deposit Insurance Act 
(12 U.S.C. 1817(e)) is amended to read as follows:
    ``(e) Refunds.--
            ``(1) Overpayments.--In the case of any payment of an 
        assessment by an insured depository institution in excess of 
        the amount due to the Corporation, the Corporation may--
                    ``(A) refund the amount of the excess payment to 
                the insured depository institution; or
                    ``(B) credit such excess amount toward the payment 
                of subsequent semiannual assessments until such credit 
                is exhausted.
            ``(2) Balance in insurance fund in excess of designated 
        reserve.--
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C), if, as of the end of any semiannual assessment 
                period beginning after the date of the enactment of the 
                Deposit Insurance Funds Act of 1996, the amount of the 
                actual reserves in--
                            ``(i) the Bank Insurance Fund (until the 
                        merger of such fund into the Deposit Insurance 
                        Fund pursuant to section 2704 of the Deposit 
                        Insurance Funds Act of 1996); or
                            ``(ii) the Deposit Insurance Fund (after 
                        the establishment of such fund),

                exceeds the balance required to meet the designated 
                reserve ratio applicable with respect to such fund, 
                such excess amount shall be refunded to insured 
                depository institutions by the Corporation on such 
                basis as the Board of Directors determines to be 
                appropriate, taking into account the factors considered 
                under the risk-based assessment system.
                    ``(B) Refund not to exceed previous semiannual 
                assessment.--The amount of any refund under this 
                paragraph to any member of a deposit insurance fund for 
                any semiannual assessment period may not exceed the 
                total amount of assessments paid by such member to the 
                insurance fund with respect to such period.
                    ``(C) Refund limitation for certain institutions.--
                No refund may be made under this paragraph with respect 
                to the amount of any assessment paid for any semiannual 
                assessment period by any insured depository institution 
                described in clause (v) of subsection (b)(2)(A).''.

SEC. 2707. ASSESSMENT RATES FOR SAIF MEMBERS MAY NOT BE LESS THAN 
              ASSESSMENT RATES FOR BIF MEMBERS.

    Section 7(b)(2)(C) of the Federal Deposit Insurance Act (12 U.S.C. 
1817(b)(2)(E), as redesignated by section 2704(d)(6) of this subtitle) 
is amended--
            (1) by striking ``and'' at the end of clause (i);
            (2) by striking the period at the end of clause (ii) and 
        inserting ``; and''; and
            (3) by adding at the end the following new clause:
                            ``(iii) notwithstanding any other provision 
                        of this subsection, during the period beginning 
                        on the date of enactment of the Deposit 
                        Insurance Funds Act of 1996, and ending on 
                        December 31, 1998, the assessment rate for a 
                        Savings Association Insurance Fund member may 
                        not be less than the assessment rate for a Bank 
                        Insurance Fund member that poses a comparable 
                        risk to the deposit insurance fund.''.

SEC. 2708. ASSESSMENTS AUTHORIZED ONLY IF NEEDED TO MAINTAIN THE 
              RESERVE RATIO OF A DEPOSIT INSURANCE FUND.

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

SEC. 2709. TREASURY STUDY OF COMMON DEPOSITORY INSTITUTION CHARTER.

    (a) Study Required.--The Secretary of the Treasury shall conduct a 
study of all issues which the Secretary considers to be relevant with 
respect to the development of a common charter for all insured 
depository institutions (as defined in section 3 of the Federal Deposit 
Insurance Act) and the abolition of separate and distinct charters 
between banks and savings associations.
    (b) Report to the Congress.--
            (1) In general.--The Secretary of the Treasury shall submit 
        a report to the Congress on or before March 31, 1997, 
        containing the findings and conclusions of the Secretary in 
        connection with the study conducted pursuant to subsection (a).
            (2) Detailed analysis and recommendations.--The report 
        under paragraph (1) shall include--
                    (A) a detailed analysis of each issue the Secretary 
                considered relevant to the subject of the study;
                    (B) recommendations of the Secretary with regard to 
                the establishment of a common charter for insured 
                depository institutions (as defined in section 3 of the 
                Federal Deposit Insurance Act); and
                    (C) such recommendations for legislative and 
                administrative action as the Secretary determines to be 
                appropriate to implement the recommendations of the 
                Secretary under subparagraph (B).

SEC. 2710. DEFINITIONS.

    For purposes of this subtitle, the following definitions shall 
apply:
            (1) Bank insurance fund.--The term ``Bank Insurance Fund'' 
        means the fund established pursuant to section (11)(a)(5)(A) of 
        the Federal Deposit Insurance Act, as that section existed on 
        the day before the date of enactment of this Act.
            (2) BIF member, saif member.--The terms ``Bank Insurance 
        Fund member'' and ``Savings Association Insurance Fund member'' 
        have the same meanings as in section 7(l) of the Federal 
        Deposit Insurance Act.
            (3) Various banking terms.--The terms ``bank'', ``Board of 
        Directors'', ``Corporation'', ``deposit'', ``insured depository 
        institution'', ``Federal savings association'', ``savings 
        association'', ``State savings bank'', and ``State depository 
        institution'' have the same meanings as in section 3 of the 
        Federal Deposit Insurance Act.
            (4) Deposit insurance fund.--The term ``Deposit Insurance 
        Fund'' means the fund established under section 11(a)(4) of the 
        Federal Deposit Insurance Act (as amended by section 2704(d) of 
        this subtitle).
            (5) Depository institution holding company.--The term 
        ``depository institution holding company'' has the same meaning 
        as in section 3 of the Federal Deposit Insurance Act.
            (6) Designated reserve ratio.--The term ``designated 
        reserve ratio'' has the same meaning as in section 
        7(b)(2)(A)(iv) of the Federal Deposit Insurance Act.
            (7) SAIF.--The term ``Savings Association Insurance Fund'' 
        means the fund established pursuant to section 11(a)(6)(A) of 
        the Federal Deposit Insurance Act, as that section existed on 
        the day before the date of enactment of this Act.
            (8) SAIF-assessable deposit.--The term ``SAIF-assessable 
        deposit''--
                    (A) means a deposit that is subject to assessment 
                for purposes of the Savings Association Insurance Fund 
                under the Federal Deposit Insurance Act (including a 
                deposit that is treated as insured by the Savings 
                Association Insurance Fund under section 5(d)(3) of the 
                Federal Deposit Insurance Act); and
                    (B) includes any deposit described in subparagraph 
                (A) which is assumed after March 31, 1995, if the 
                insured depository institution, the deposits of which 
                are assumed, is not an insured depository institution 
                when the special assessment is imposed under section 
                2702(a).

SEC. 2711. DEDUCTION FOR SPECIAL ASSESSMENTS.

    For purposes of subtitle A of the Internal Revenue Code of 1986--
            (1) the amount allowed as a deduction under section 162 of 
        such Code for a taxable year shall include any amount paid 
        during such year by reason of an assessment under section 2702 
        of this subtitle, and
            (2) section 172(f) of such Code shall not apply to any 
        deduction described in paragraph (1).

               TITLE III--SPECTRUM ALLOCATION PROVISIONS

SEC. 3001. COMPETITIVE BIDDING FOR SPECTRUM.

          (a) Commission Obligation To Make Additional Spectrum 
Available.--The Federal Communications Commission shall--
            (1) reallocate the use of frequencies at 2305-2320 
        megahertz and 2345-2360 megahertz to wireless services that are 
        consistent with international agreements concerning spectrum 
        allocations; and
            (2) assign the use of such frequencies by competitive 
        bidding pursuant to section 309(j) of the Communications Act of 
        1934 (47 U.S.C. 309(j)).
          (b) Additional Requirements.--In making the bands of 
frequencies described in subsection (a) available for competitive 
bidding, the Commission shall--
            (1) seek to promote the most efficient use of the spectrum; 
        and
            (2) take into account the needs of public safety radio 
        services.
          (c) Expedited Procedures.--The Commission shall commence the 
competitive bidding for the assignment of the frequencies described in 
subsection (a)(1) no later than April 15, 1997. The rules governing 
such frequencies shall be effective immediately upon publication in the 
Federal Register notwithstanding section 553(d), 801(a)(3), and 806(a) 
of title 5, United States Code. Chapter 6 of such title, and sections 
3507 and 3512 of title 44, United States Code, shall not apply to the 
rules and competitive bidding procedures governing such frequencies. 
Notwithstanding section 309(b) of the Communications Act of 1934 (47 
U.S.C. 309(b)), no application for an instrument of authorization for 
such frequencies shall be granted by the Commission earlier than 7 days 
following issuance of public notice by the Commission of the acceptance 
for filing of such application or of any substantial amendment thereto. 
Notwithstanding section 309(d)(1) of such Act (47 U.S.C. 309(d)(1)), 
the Commission may specify a period (no less than 5 days following 
issuance of such public notice) for the filing of petitions to deny any 
application for an instrument of authorization for such frequencies.
          (d) Deadline for Collection.--The Commission shall conduct 
the competitive bidding under subsection (a)(2) in a manner that 
ensures that all proceeds of the bidding are deposited in accordance 
with section 309(j)(8) of the Communications Act of 1934 not later 
September 30, 1997.

                 TITLE IV--ADJUSTMENT OF PAYGO BALANCES

SEC. 4001. ADJUSTMENT OF PAYGO BALANCES.

          For purposes of section 252 of the Balanced Budget and 
Emergency Deficit Control Act of 1985, on the calendar day after the 
Director of the Office of Management and Budget issues the final 
sequestration report for fiscal year 1997, the Director and the 
Director of the Congressional Budget Office shall change the balances 
(as computed pursuant to section 252(b) of that Act) of direct spending 
and receipts legislation--
            (1) for fiscal year 1997 to zero if such balance for the 
        fiscal year is not an increase in the deficit.

                   TITLE V--ADDITIONAL APPROPRIATIONS

                               CHAPTER 1

      DEPARTMENT OF AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG 
                  ADMINISTRATION, AND RELATED AGENCIES

                       Department of Agriculture

      cooperative state research, education, and extension service

                          extension activities

          For an additional amount for payments for cooperative 
extension work by the colleges receiving the benefits of the second 
Morrill Act (7 U.S.C. 321-326, 328) and Tuskegee University, $753,000.

                 natural resources conservation service

               watershed and flood prevention operations

          For an additional amount to repair damages to the waterways 
and watersheds resulting from the effects of Hurricanes Fran and 
Hortense and other natural disasters, $63,000,000, to remain available 
until expended: Provided, That the entire amount is designated by 
Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended.

                          farm service agency

                     emergency conservation program

          For an additional amount for emergency expenses resulting 
from the effects of Hurricanes Fran and Hortense and other natural 
disasters, $25,000,000, to remain available until expended: Provided, 
That the entire amount is designated by Congress as an emergency 
requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, as amended.

                               CHAPTER 2

                          DISTRICT OF COLUMBIA

      education facilities improvement in the district of columbia

                             (by transfer)

          Sec. 5201. The District of Columbia Financial Responsibility 
and Management Assistance Authority (referred to in this section as the 
``Authority'') shall have the authority to contract with a private 
entity (or entities) to carry out a program of school facility repair 
of public schools and public charter schools located in public school 
facilities in the District of Columbia, in consultation with the 
General Services Administration: Provided, That an amount estimated to 
be $40,700,000 is hereby transferred and otherwise made available to 
the Authority until expended for contracting as provided under this 
section, to be derived from transfers and reallocations as follows: (1) 
funds made available under the heading ``PUBLIC EDUCATION SYSTEM'' in 
Public Law 104-194 for school repairs in a restricted line item; (2) 
all capital financing authority made available from public school 
capital improvements in Public Law 104-194; and (3) all capital 
financing authority made available for public school capital 
improvements which are or remain available from Public Law 104-134 or 
any previous appropriations Act for the District of Columbia: Provided 
further, That the General Services Administration, in consultation with 
the District of Columbia Public Schools and the District of Columbia 
Council and subject to the approval of the Authority and the Committees 
on Appropriations of the Senate and the House of Representatives, shall 
provide program management services to assist in the short-term 
management of the repairs and capital improvements: Provided further, 
That contracting authorized under this section shall be conducted in 
accordance with Federal procurement rules and regulations and 
guidelines or such guidelines as prescribed by the Authority.

          special rules regarding general obligation bond act

          Sec. 5202. Waiver of Congressional Review.--Notwithstanding 
section 602(c)(1) of the District of Columbia Self-Government and 
Governmental Reorganization Act (sec. 1-233(c)(1), D.C. Code), the 
General Obligation Bond Act of 1996 (D.C. Bill 11-840), if enacted by 
the Council of the District of Columbia, shall take effect on the date 
of the enactment of such Act or the date of the enactment of this Act, 
whichever is later.

  amendments to financial responsibility and management assistance act

          Sec. 5203. (a) Caluculation of 7-Day Review Period for 
Council Acts.--Section 203(a)(5) of the District of Columbia Financial 
Responsibility and Management Assistance Act of 1995 (sec. 47-
392.3(a)(5), D.C. Code) is amended--
            (1) by inserting ``(excluding Saturdays, Sundays, and legal 
        holidays)'' after ``7-day period'' the first place it appears; 
        and
            (2) by striking ``the date the Council submits the Act to 
        the Authority'' and inserting ``the first day (excluding 
        Saturdays, Sundays, and legal holidays) after the Authority 
        receives the Act from the Council''.
          (b) Specification of Penalty for Prohibited Acts.--Section 
103(i)(1) of such Act (sec. 47-391.3(i)(1), D.C. Code) is amended by 
striking the period at the end and inserting the following: ``, and 
shall be fined not more than $1,000, imprisoned for not more than 1 
year, or both.''.
          (c) Waiver of Privacy Act Requirements for Obtaining Official 
Data.--Section 103(c)(1) of such Act (sec. 47-391.3(c)(1), D.C. Code) 
is amended by striking ``Act) and 552b'' and inserting ``Act), 552a 
(the Privacy Act of 1974), and 552b''.
          (d) Permitting Authority review of Rulemaking.--Section 
203(b) of such Act (sec. 47-392.3(b), D.C. Code) is amended by adding 
at the end the following new paragraph:
            ``(5) Application to rules and regulations.--The provisions 
        of this subsection shall apply with respect to a rule or 
        regulation issued or proposed to be issued by the Mayor (or the 
        head of any department or agency of the District government) in 
        the same manner as such provisions apply to a contract or 
        lease.''.
          (e) Deposit of All District Borrowing With Authority.--
            (1) In general.--Section 204 of such Act (sec. 47-392.4, 
        D.C. Code) is amended--
                    (A) by redesignating subsections (d) and (e) as 
                subsections (e) and (f); and
                    (B) by inserting after subsection (c) the following 
                new subsection:
          ``(d) Deposit of Borrowed Funds With Authority.--If the 
District government borrows funds during a control year, the funds 
shall be deposited into an escrow account held by the Authority, to be 
allocated by the Authority to the Mayor at such intervals and in 
accordance with such terms and conditions as it considers appropriate, 
consistent with the financial plan and budget for the year and with any 
other withholding of funds by the Authority pursuant to this Act.''.
            (2) Conforming amendments.--(A) Section 204(e) of such Act, 
        as redesignated by paragraph (1)(A), is amended by inserting 
        after ``(b)(1)'' the following: ``or the escrow account 
        described in subsection (d)''.
            (B) Section 206(d)(1) of such Act is amended by striking 
        ``204(b)'' and inserting ``204(b), section 204(d),''.
          (f) Granting Authority Power to Issue General Orders.--
Section 207 of such Act (sec. 47-392.7, D.C. Code) is amended by adding 
at the end the following new subsection:
          ``(d) Additional Power to Issue Orders, Rules, and 
Regulations.--
            ``(1) In general.--In addition to the authority described 
        in subsection (c), the Authority may at any time issue such 
        orders, rules, or regulations as it considers appropriate to 
        carry out the purposes of this Act and the amendments made by 
        this Act, to the extent that the issuance of such an order, 
        rule, or regulation is within the authority of the Mayor or the 
        head of any department or agency of the District government, 
        and any such order, rule, or regulation shall be legally 
        binding to the same extent as if issued by the Mayor or the 
        head of any such department or agency.
            ``(2) Notification.--Upon issuing an order, rule, or 
        regulation pursuant to this subsection, the Authority shall 
        notify the Mayor, the Council, the President, and Congress.
            ``(3) No judicial review of decision to issue order.--The 
        decision by the Authority to issue an order, rule, or 
        regulation pursuant to this subsection shall be final and shall 
        not be subject to judicial review.''.

      prohibiting funding for terminated employees or contractors

          Sec. 5204. (a) In General.--Except as provided in subsection 
(b), none of the funds made available to the District of Columbia 
during any fiscal year (beginning with fiscal year 1996) may be used to 
pay the salary or wages of any individual whose employment by the 
District government is no longer required as determined by the District 
of Columbia Financial Responsibility and Management Assistance 
Authority, or to pay any expenses associated with a contractor or 
consultant of the District government whose contract or arrangement 
with the District government is no longer required as determined by the 
Authority.
          (b) Exception for Payments for Services Already Provided.--
Funds made available to the District of Columbia may be used to pay an 
individual for employment already performed at the time of the 
Authority's determination, or to pay a contractor or consultant for 
services already provided at the time of the Authority's determination, 
to the extent permitted by the District of Columbia Financial 
Responsibility and Management Assistance Authority.
          (c) District Government Defined.--In this section, the term 
``District government'' has the meaning given such term in section 
305(5) of the District of Columbia Financial Responsibility and 
Management Assistance Act of 1995.

      amendments to district of columbia school reform act of 1995

          Sec. 5205. (a) Process for Filing Charter Petitions.--Section 
2201 of the District of Columbia School Reform Act of 1995 (Public Law 
104-134; 110 Stat. 1321-115) is amended by adding at the end the 
following:
          ``(d) Limitations on Filing.--
            ``(1) Multiple chartering authorities.--An eligible 
        applicant may not file the same petition to establish a public 
        charter school with more than 1 eligible chartering authority 
        during a calendar year.
            ``(2) Multiple petitions.--An eligible applicant may not 
        file more than 1 petition to establish a public charter school 
        during a calendar year.''.
          (b) Contents of Petition.--Section 2202(6)(B) of the District 
of Columbia School Reform Act of 1995 (110 Stat. 1321-116) is amended 
to read as follows:
                    ``(B) either--
                            ``(i)(I) an identification of a facility 
                        for the school, including a description of the 
                        site where the school will be located, any 
                        buildings on the site, and any buildings 
                        proposed to be constructed on the site, and 
                        (II) information demonstrating that the 
                        eligible applicant has acquired title to, or 
                        otherwise secured the use of, the facility; or
                            ``(ii) a timetable by which an 
                        identification described in clause (i)(I) will 
                        be made, and the information described in 
                        clause (i)(II) will be submitted, to the 
                        eligible chartering authority;''.
          (c) Process for Approving or Denying Public Charter School 
Petitions.--Section 2203 of the District of Columbia School Reform Act 
of 1995 (110 Stat. 1321-118) is amended--
            (1) by amending subsection (d) to read as follows:
          ``(d) Approval.--
            ``(1) In general.--Subject to subsection (i) and paragraph 
        (2), an eligible chartering authority shall approve a petition 
        to establish a public charter school, if--
                    ``(A) the eligible chartering authority determines 
                that the petition satisfies the requirements of this 
                subtitle;
                    ``(B) the eligible applicant who filed the petition 
                agrees to satisfy any condition or requirement, 
                consistent with this subtitle and other applicable law, 
                that is set forth in writing by the eligible chartering 
                authority as an amendment to the petition;
                    ``(C) the eligible chartering authority determines 
                that the public charter school has the ability to meet 
                the educational objectives out-lined in the petition; 
                and
                    ``(D) the approval will not cause the eligible 
                chartering authority to exceed a limit under subsection 
                (i).
            ``(2) Conditional approval.--
                    ``(A) In general.--In the case of a petition that 
                does not contain the identification and information 
                required under section 2202(6)(B)(i), but does contain 
                the timetable required under section 2202(6)(B)(ii), an 
                eligible chartering authority may only approve the 
                petition on a conditional basis, subject to the 
                eligible applicant's submitting the identification and 
                information described in section 2202(6)(B)(i) in 
                accordance with such timetable, or any other timetable 
                specified in writing by the eligible chartering 
                authority in an amendment to the petition.
                    ``(B) Effect of conditional approval.--For purposes 
                of subsections (e), (h), (i), and (j), a petition 
                conditionally approved under this paragraph shall be 
                treated the same as a petition approved under paragraph 
                (1), except that on the date that such a conditionally 
                approved petition ceases to be conditionally approved 
                because the eligible applicant has not timely submitted 
                the identification and information described in section 
                2202(6)(B)(i), the approval of the petition shall cease 
                to be counted for purposes of subsection (i).'';
            (2) in subsection (h), by striking ``(d)(2),'' each place 
        such term appears and inserting ``(d),'';
            (3) by amending subsection (i) to read as follows:
          ``(i) Number of Petitions.--
            ``(1) First year.--During calendar year 1996, not more than 
        10 petitions to establish public charter schools may be 
        approved under this subtitle.
            ``(2) Subsequent years.--
                    ``(A) In general.--Subject to subparagraph (B), 
                during calendar year 1997, and during each subsequent 
                calendar year, each eligible chartering authority shall 
                not approve more than 10 petitions to establish a 
                public charter school under this subtitle. Any such 
                petition shall be approved during the period that 
                begins on January 1 and ends on April 1.
                    ``(B) Exception.--If, by April 1 of any calendar 
                year after 1996, an eligible chartering authority has 
                approved fewer than 10 petitions during such calendar 
                year, any other eligible chartering authority may 
                approve more than 10 petitions during such calendar 
                year, but only if--
                            ``(i) the eligible chartering authority 
                        completes the approval of any such additional 
                        petition before June 1 of the year; and
                            ``(ii) the approval of any such additional 
                        petition will not cause the total number of 
                        petitions approved by all eligible chartering 
                        authorities during the calendar year to exceed 
                        20.''; and
            (4) by amending subsection (j) to read as follows:
          ``(j) Authority of Eligible Chartering Authority.--
            ``(1) In general.--Except as provided in paragraph (2), and 
        except for officers or employees of the eligible chartering 
        authority with which a petition to establish a public charter 
        school is filed, no governmental entity, elected official, or 
        employee of the District of Columbia shall make, participate in 
        making, or intervene in the making of, the decision to approve 
        or deny such a petition.
            ``(2) Availability of review.--A decision by an eligible 
        chartering authority to deny a petition to establish a public 
        charter school shall be subject to judicial review by an 
        appropriate court of the District of Columbia.''.
          (d) District of Columbia Public School Services to Public 
Charter Schools.--Section 2209 of the District of Columbia School 
Reform Act of 1995 (110 Stat. 1321-125) is amended--
            (1) by inserting ``(a) In General.--'' before ``The 
        Superintendent''; and
            (2) by adding at the end the following:
          ``(b) Preference in Leasing or Purchasing Public School 
Facilities.--
            ``(1) Former public school property.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law relating to the disposition of a 
                facility or property described in subparagraph (B), the 
                Mayor and the District of Columbia Government shall 
                give preference to an eligible applicant whose petition 
                to establish a public charter school has been 
                conditionally approved under section 2203(d)(2), or a 
                Board of Trustees, with respect to the purchase or 
                lease of a facility or property described in 
                subparagraph (B), provided that doing so will not 
                result in a significant loss of revenue that might be 
                obtained from other dispositions or uses of the 
                facility or property.
                    ``(B) Property described.--A facility or property 
                referred to in subparagraph (A) is a facility, or real 
                property--
                            ``(i) that formerly was under the 
                        jurisdiction of the Board of Education;
                            ``(ii) that the Board of Education has 
                        determined is no longer needed for purposes of 
                        operating a District of Columbia public school; 
                        and
                            ``(iii) with respect to which the Board of 
                        Education has transferred jurisdiction to the 
                        Mayor.
            ``(2) Current public school property.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law relating to the disposition of a 
                facility or property described in subparagraph (B), the 
                Mayor and the District of Columbia Government shall 
                give preference to an eligible applicant whose petition 
                to establish a public charter school has been 
                conditionally approved under section 2203(d)(2), or a 
                Board of Trustees, in leasing, or otherwise contracting 
                for the use of, a facility or property described in 
                subparagraph (B).
                    ``(B) Property described.--A facility or property 
                referred to in subparagraph (A) is a facility, real 
                property, or a designated area of a facility or real 
                property, that--
                            ``(i) is under the jurisdiction of the 
                        Board of Education; and
                            ``(ii) is available for use because the 
                        Board of Education is not using, for 
                        educational, administrative, or other purposes, 
                        the facility, real property, or designated 
                        area.''.
          (e) Charter Renewal.--Section 2212 of the District of 
Columbia School Reform Act of 1995 (110 Stat. 1321-129) is amended--
            (1) by amending subsection (a) to read as follows:
          ``(a) Terms.--
            ``(1) Initial term.--A charter granted to a public charter 
        school shall remain in force for a 15-year period.
            ``(2) Renewals.--A charter may be renewed for an unlimited 
        number of times, each time for a 15-year period.
            ``(3) Review.--An eligible chartering authority that grants 
        or renews a charter pursuant to paragraph (1) or (2) shall 
        review the charter--
                    ``(A) at least once every 5 years to determine 
                whether the charter should be revoked for the reasons 
                described in subsection (a)(1)(A) or (b) of section 
                2213 in accordance with the procedures for such 
                revocation established under section 2213(c); and
                    ``(B) once every 5 years, beginning on the date 
                that is 5 years after the date on which the charter is 
                granted or renewed, to determine whether the charter 
                should be revoked for the reasons described in section 
                2213(a)(1)(B) in accordance with the procedures for 
                such revocation established under section 2213(c).''; 
                and
            (2) by amending subsection (d)(6) to read as follows:
            ``(6) Judicial review.--A decision by an eligible 
        chartering authority to deny an application to renew a charter 
        shall be subject to judicial review by an appropriate court of 
        the District of Columbia.''.
          (f) Charter Revocation.--Section 2213(a) of the District of 
Columbia School Reform Act of 1995 (110 Stat. 1321-130) is amended to 
read as follows:
          ``(a) Charter or Law Violations; Failure to Meet Goals.--
            ``(1) In general.--Subject to paragraph (2), an eligible 
        chartering authority that has granted a charter to a public 
        charter school may revoke the charter if the eligible 
        chartering authority determines that the school--
                    ``(A) committed a violation of applicable laws or a 
                material violation of the conditions, terms, standards, 
                or procedures set forth in the charter, including 
                violations relating to the education of children with 
                disabilities; or
                    ``(B) failed to meet the goals and student academic 
                achievement expectations set forth in the charter.
            ``(2) Speical rule.--An eligible chartering authority may 
        not revoke a charter under paragraph (1)(B), except pursuant to 
        a determination made through a review conducted under section 
        2212(a)(3)(B).''.
          (g) Public Charter School Board.--Paragraphs (3) and (4) of 
section 2214(a) of the District of Columbia School Reform Act of 1995 
(110 Stat. 1321-132) are amended to read as follows:
            ``(3) Vacancies.--
                    ``(A) Other than from expiration of term.--Where a 
                vacancy occurs in the membership of the Board for 
                reasons other than the expiration of the term of a 
                member of the Board, the Secretary of Education, not 
                later than 30 days after the vacancy occurs, shall 
                present to the Mayor a list of 3 people the Secretary 
                determines are qualified to serve on the Board. The 
                Mayor, in consultation with the District of Columbia 
                Council, shall appoint 1 person from the list to serve 
                on the Board. The Secretary shall recommend, and the 
                Mayor shall appoint, such member of the Board taking 
                into consideration the criteria described in paragraph 
                (2). Any member appointed to fill a vacancy occurring 
                prior to the expiration of the term of a predecessor 
                shall be appointed only for the remainder of the term.
                    ``(B) Expiration of term.--Not later than the date 
                that is 60 days before the expiration of the term of a 
                member of the Board, the Secretary of Education shall 
                present to the Mayor, with respect to each such 
                impending vacancy, a list of 3 people the Secretary 
                determines are qualified to serve on the Board. The 
                Mayor, in consultation with the District of Columbia 
                Council, shall appoint 1 person from each such list to 
                serve on the Board. The Secretary shall recommend, and 
                the Mayor shall appoint, any member of the Board taking 
                into consideration the criteria described in paragraph 
                (2).
            ``(4) Time limit for appointments.--If, at any time, the 
        Mayor does not appoint members to the Board sufficient to bring 
        the Board's membership to 7 within 30 days after receiving a 
        recommendation from the Secretary of Education under paragraph 
        (2) or (3), the Secretary, not later than 10 days after the 
        final date for such mayoral appointment, shall make such 
        appointments as are necessary to bring the membership of the 
        Board to 7.''.
          (h) Technical Amendment.--Section 2561(b) of the District of 
Columbia School Reform Act of 1995 (Public Law 104-134), as amended by 
section 148 of the District of Columbia Appropriations Act, 1997 
(Public Law 104-194), is amended to read as follows:
          ``(b) Limitation.--A waiver under subsection (a) shall not 
apply to the Davis-Bacon Act (40 U.S.C. 276a et seq.) or Executive 
Order 11246 or other civil rights standards.''.

          disposition of certain school property by authority

          Sec. 5206. (a) In General.--Subtitle C of title II of the 
District of Columbia Financial Responsibility and Management Assistance 
Act of 1995 is amended by adding at the end the following new section:

``SEC. 225. DISPOSITION OF CERTAIN SCHOOL PROPERTY.

          ``(a) Power to Dispose.--Notwithstanding any other provision 
of law relating to the disposition of a facility or property described 
in subsection (d), the Authority may dispose (by sale, lease, or 
otherwise) of any facility or property described in subsection (d).
          ``(b) Preference for Public Charter School.--In disposing of 
a facility or property under this section, the Authority shall give 
preference to an eligible applicant (as defined in section 2002 of the 
District of Columbia School Reform Act of 1995) whose petition to 
establish a public charter school has been conditionally approved under 
section 2203(d)(2) of such Act, or a Board of Trustees (as defined in 
section 2002 of such Act) of such a public charter school, if doing so 
will not result in a significant loss of revenue that might be obtained 
from other dispositions or uses of the facility or property.
          ``(c) Use of Proceeds From Disposition for School Repair and 
Maintenance.--
            ``(1) In general.--The Authority shall deposit any proceeds 
        of the disposition of a facility or property under this section 
        in the Board of Education Real Property Maintenance and 
        Improvement Fund (as established by the Real Property Disposal 
        Act of 1990), to be used for the construction, maintenance, 
        improvement, rehabilitation, or repair of buildings and grounds 
        which are used for educational purposes for public and public 
        charter school students in the District of Columbia.
            ``(2) Consultation.--In disposing of a facility or property 
        under this section, the Authority shall consult with the 
        Superintendent of Schools of the District of Columbia, the 
        Mayor, the Council, the Administrator of General Services, and 
        education and community leaders involved in planning for an 
        agency or authority that will design and administer a 
        comprehensive long-term program for repair and improvement of 
        District of Columbia public school facilities (as described in 
        section 2552(a) of the District of Columbia School Reform Act 
        of 1995).
            ``(3) Legal effect of sale.--The Authority may dispose of a 
        facility or property under this section by executing a proper 
        deed and any other legal instrument for conveyance of title to 
        the facility or property, and such deed shall convey good and 
        valid title to the purchaser of the facility or property.
          ``(d) Facility or Property Described.--A facility or property 
described in this subsection is a facility or property which is 
described in section 2209(b)(1)(B) of the District of Columbia School 
Reform Act of 1995 and with respect to which the Authority has made the 
following determinations:
            ``(1) The property is no longer needed for purposes of 
        operating a District of Columbia public school (as defined in 
        section 2002 of the District of Columbia School Reform Act of 
        1995).
            ``(2) The disposition of the property is in the best 
        interests of education in the District of Columbia.
            ``(3) The Mayor (or any other department or agency of the 
        District government) has failed to make substantial progress 
        toward disposing the property during the 90-day period which 
        begins on the date the Board of Education transfers 
        jurisdiction over the property to the Mayor (or, in the case of 
        property which is described in section 2209(b)(1)(B) of such 
        Act as of the date of the enactment of this section, during the 
        90-day period which begins on the date of the enactment of this 
        section).''.
          (b) Control Over Board of Education Real Property Maintenance 
and Improvement Fund.--
            (1) In general.--Section 2(b) of the Board of Education 
        Real Property Disposal Act of 1990 (sec. 9-402(b), D.C. Code) 
        is amended--
                    (A) by amending the second sentence to read as 
                follows: ``Subject to paragraph (6), the District of 
                Columbia Financial Responsibility and Management 
                Assistance Authority shall administer the Fund and 
                receive all payments into the Fund that are required by 
                law.''; and
                    (B) by adding at the end the following new 
                paragraph:
          ``(6) Upon the establishment of an agency or authority within 
the District of Columbia government to administer a public schools 
facilities revitalization plan pursuant to section 2552(a)(2) of the 
District of Columbia School Reform Act of 1995, such agency or 
authority shall administer the Fund and receive all payments into the 
Fund that are required by law.''.
            (2) Conforming amendments.--Section 2(b) of the Board of 
        Education Real Property Disposal Act of 1990 (sec. 9-402(b), 
        D.C. Code) is amended--
                    (A) in the third sentence of paragraph (1), by 
                striking ``; provided that the Board'' and all that 
                follows and inserting a period; and
                    (B) by striking paragraph (5).
          (c) Clerical Amendment.--The table of contents of subtitle C 
of title II of the District of Columbia Financial Responsibility and 
Management Assistance Act of 1995 is amended by adding at the end the 
following new item:

``Sec. 225. Disposition of certain school property.''.

                               CHAPTER 3

                      ENERGY AND WATER DEVELOPMENT

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

                   operation and maintenance, general

          For an additional amount for ``Operation and Maintenance, 
General'' for emergency expenses resulting from Hurricane Fran and 
other natural disasters of 1996, $19,000,000, to remain available until 
expended: Provided, That such amount is designated by Congress as an 
emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                           GENERAL PROVISION

          Sec. 5301. None of the funds appropriated in the Energy and 
Water Department Appropriations Act, 1997 may be made available to the 
Tennessee Valley Authority if the Tennessee Valley Authority is 
imposing a performance deposit in connection with residential shoreline 
alteration permits.

                               CHAPTER 4

                           LEGISLATIVE BRANCH

                        HOUSE OF REPRESENTATIVES

                         Salaries and Expenses

                              (rescission)

          Immediately upon enactment of this Act, of the funds 
appropriated in the Legislative Branch Appropriations Act, 1996, for 
the House of Representatives under the heading ``SALARIES AND 
EXPENSES'', there is rescinded $500,000, specified for the following 
heading and account:
            (1) ``ALLOWANCES AND EXPENSES'', $500,000, as follows: (A) 
        ``Government contributions to employees' life insurance fund, 
        retirement funds, Social Security fund, Medicare fund, health 
        benefits fund, and worker's and unemployment compensation.''

                              JOINT ITEMS

                          Capitol Police Board

                             Capitol Police

                                salaries

                              (rescission)

          Immediately upon enactment of this Act, of the funds 
appropriated under this heading in Public Law 104-53, $3,000,000 are 
rescinded.

                            general expenses

          For an additional amount for the Capitol Police Board for 
necessary expenses for the design and installation of security systems 
for the Capitol buildings and grounds, $3,250,000, which shall remain 
available until expended.

                        ARCHITECT OF THE CAPITOL

                     Capitol Buildings and Grounds

                           capitol buildings

          For an additional amount for ``Capitol Buildings and Grounds, 
Capitol Buildings'', $250,000, to remain available until expended, for 
architectural and engineering services related to the design and 
installation of security systems for Capitol buildings and grounds.

                        senate office buildings

          Of the funds appropriated under the heading, ``ARCHITECT OF 
THE CAPITOL, Capitol Buildings and Grounds, Senate office buildings'' 
in Public Law 104-53, $650,000 shall remain available until September 
30, 1997 for furniture, furnishings, and equipment for the Senate 
employees' child care center.

                           GENERAL PROVISIONS

               congressional award act amendments of 1996

          Sec. 5401. (a) Extension of Requirements Regarding Financial 
Operations of Congressional Award Program; Noncompliance With 
Requirements.--Section 5(c)(2)(A) of the Congressional Award Act (2 
U.S.C. 804(c)(2)(A)) is amended by striking ``and 1994'' and inserting 
``1994, 1995, 1996, 1997, and 1998''.
          (b) Termination.--Section 9 of the Congressional Award Act (2 
U.S.C. 808) is amended by striking ``October 1, 1995'' and inserting 
``October 1, 1999''.
          (c) Savings Provisions.--During the period of October 1, 
1995, through the date of the enactment of this section, all actions 
and functions of the Congressional Award Board under the Congressional 
Award Act shall have the same effect as though no lapse or termination 
of the Congressional Award Board ever occurred.

     bill emerson hall in the house of representatives page school

          Sec. 5402. The Founders Hall instructional area in the House 
of Representatives Page School, located in the Thomas Jefferson 
Building of the Library of Congress, shall be known and designated as 
``Bill Emerson Hall''.

                               CHAPTER 5

                      DEPARTMENT OF TRANSPORTATION

                    Federal Aviation Administration

                               operations

                    (airport and airway trust fund)

          For additional operating expenses of the Federal Aviation 
Administration for airport security activities, $57,900,000, to be 
derived from the Airport and Airway Trust Fund and to remain available 
until September 30, 1998: Provided, That of the funds provided, 
$8,900,000 shall be for establishment of additional explosive detection 
K-9 teams at airports; $5,500,000 shall be for airport vulnerability 
assessments; $18,000,000 shall be for the hire of additional aviation 
security personnel: and $25,500,000 shall be for the hire of additional 
aviation safety inspectors and contract weather observers, air traffic 
controller training, and implementation of recommendations of the 
Federal Aviation Administration's ``Ninety Day Safety Review'', dated 
September 16, 1996: Provided further, That such amount is designated by 
Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended.

                        facilities and equipment

                    (airport and airway trust fund)

          For additional necessary expenses for ``Facilities and 
Equipment'', $147,700,000, to be derived from the Airport and Airway 
Trust Fund and to remain available until September 30, 1999: Provided, 
That of the funds provided, $144,200,000 shall only be for non-
competitive contracts or cooperative agreements with air carriers and 
airport authorities, which provide for the Federal Aviation 
Administration to purchase and assist in installation of advanced 
security equipment for the use of such entities and $3,500,000 shall be 
for accelerated development and deployment of the Online Aviation 
Safety Information System: Provided further, That such amount is 
designated by Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended.

                 research, engineering, and development

                    (airport and airway trust fund)

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

                       grants-in-aid for airports

                    (airport and airway trust fund)

                 (rescission of contract authorization)

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

                     Federal Highway Administration

                     highway-related safety grants

                          (highway trust fund)

                 (rescission of contract authorization)

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

                          federal-aid highways

                          (highway trust fund)

          For an additional amount for ``Emergency Relief Program'' for 
emergency expenses resulting from Hurricanes Fran and Hortense and for 
other disasters, as authorized by 23 U.S.C. 125, $82,000,000, to be 
derived from the Highway Trust Fund and to remain available until 
expended: Provided, That the entire amount is designated by Congress as 
an emergency requirement pursuant to section 251(b)(2)(D)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                      motor carrier safety grants

                          (highway trust fund)

                 (rescission of contract authorization)

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

             National Highway Traffic Safety Administration

                     highway traffic safety grants

                          (highway trust fund)

                 (rescission of contract authorization)

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

                    Federal Railroad Administration

                 northeast corridor improvement program

          For additional necessary expenses related to Northeast 
Corridor improvements authorized by title VII of the Railroad 
Revitalization and Regulatory Reform Act of 1976, as amended (45 U.S.C. 
851 et seq.) and 49 U.S.C. 24909, $60,000,000, to remain available 
until September 30, 1999.

                     direct loan financing program

          Notwithstanding any other provision of law, $58,680,000, for 
direct loans not to exceed $400,000,000 consistent with the purposes of 
section 505 of the Railroad Revitalization and Regulatory Reform Act of 
1976 (45 U.S.C. 825) as in effect on September 30, 1988, to the Alameda 
Corridor Transportation Authority to continue the Alameda Corridor 
Project, including replacement of at-grade rail lines with a below-
grade corridor and widening of the adjacent major highway: Provided, 
That loans not to exceed the following amounts shall be made on or 
after the first day of the fiscal year indicated:

Fiscal year 1997.....................................      $140,000,000
Fiscal year 1998.....................................      $140,000,000
Fiscal year 1999.....................................      $120,000,000

Provided further, That any loan authorized under this section shall be 
structured with a maximum 30-year repayment after completion of 
construction at an annual interest rate of not to exceed the 30-year 
United States Treasury rate and on such terms and conditions as deemed 
appropriate by the Secretary of Transportation: Provided further, That 
specific provisions of section 505 (a), (b) and (d) through (h) shall 
not apply: Provided further, That the Alameda Corridor Transportation 
Authority shall be deemed to be a financially responsible person for 
purposes of section 505 of the Act.

         grants to the national railroad passenger corporation

          For additional expenses necessary for ``Grants to the 
National Railroad Passenger Corporation'', $22,500,000 for operating 
losses, to remain available until September 30, 1997: Provided, That 
amounts made available shall only be used to continue service on routes 
the National Railroad Passenger Corporation currently plans to 
terminate.

              Research and Special Programs Administration

                     research and special programs

          For additional expenses necessary for ``Research and Special 
Programs'' to conduct vulnerability and threat assessments of the 
nation's transportation system, $3,000,000, to remain available until 
September 30, 1999; Provided, That the entire amount is designated by 
Congress as an emergency requirement pursuant to section 
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended.

                  National Transportation Safety Board

                         salaries and expenses

          For an additional amount for ``Salaries and Expenses'', 
$6,000,000, to reimburse other federal agencies for previously incurred 
costs of recovering wreckage from TWA flight 800, and for other costs 
related to the TWA 800 accident investigation: Provided, That the 
entire amount is designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended.

                             emergency fund

          For necessary expenses of the National Transportation Safety 
Board for accident investigations, including hire of passenger motor 
vehicles and aircraft; services as authorized by 5 U.S.C. 3109, but at 
rates for individuals not to exceed the per diem rate equivalent to the 
rate for a GS-18; uniforms, or allowances therefor, as authorized by 
law (5 U.S.C. 5901-5902), $1,000,000: Provided, That the entire amount 
is designated by Congress as an emergency requirement pursuant to 
section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.

                           GENERAL PROVISIONS

          Sec. 5501. In fiscal year 1997, the Administrator of the 
Federal Aviation Administration may establish at individual airports 
such consortia of government and aviation industry representatives as 
the Administrator may designate to provide advice on matters related to 
aviation security and safety: Provided, That such consortia shall not 
be considered Federal advisory committees.
          Sec. 5502. In cases where an emergency ocean condition causes 
erosion of a bank protecting a scenic highway or byway, fiscal year 
1996 or fiscal year 1997 Federal Highway Administration Emergency 
Relief funds can be used to halt the erosion and stabilize the bank if 
such action is necessary to protect the highway from imminent failure 
and is less expensive than highway relocation.
          Sec. 5503. Of the funds deducted under 23 U.S.C. subsection 
104(a) for fiscal year 1997, $30,000,000 shall be available for 
allocation to States authorized by section 1069(y) of Public Law 102-
240.
          Sec. 5504. Conveyance of Property in Traverse City, Michigan. 
(a) Authority To Convey.--The Secretary of Transportation (or any other 
official having control over the property described in subsection (b)) 
shall expeditiously convey to the Traverse City Area Public School 
District in Traverse City, Michigan, without consideration, all right, 
title, and interest of the United States in and to the property 
identified, described, and determined by the Secretary under subsection 
(b), subject to all easements and other interests in the property held 
by any other person.
          (b) Identification of Property.--The Secretary shall 
identify, describe, and determine the property to be conveyed pursuant 
to this section.
          (c) Reversionary Interest.--In addition to any term or 
condition established pursuant to subsection (a) or (d), any conveyance 
of property described in subsection (b) shall be subject to the 
condition that all right, title, and interest in and to the property so 
conveyed shall immediately revert to the United States if the property, 
or any part thereof, ceases to be used by the Traverse City Area Public 
School District.
          (d) Terms of Conveyance.--The conveyance of property under 
this section shall be subject to such conditions as the Secretary 
considers to be necessary to assure that--
            (1) the pump room located on the property shall continue to 
        be operated and maintained by the United States for as long as 
        it is needed for this purpose;
            (2) the United States shall have an easement of access to 
        the property for the purpose of operating and maintaining the 
        pump room; and
            (3) the United States shall have the right, at any time, to 
        enter the property without notice for the purpose of operating 
        and maintaining the pump room.
          Sec. 5505. Authority To Convey Whitefish Point Light Station 
Land. (a) Authority To Convey.--
            (1) In general.--Except as otherwise provided in this 
        section, the Secretary of the Interior (in this section 
        referred to as the ``Secretary'') may convey, by an appropriate 
        means of conveyance, all right, title, and interest of the 
        United States in 1 of the 3 parcels comprising the land on 
        which the United States Coast Guard Whitefish Point Light 
        Station is situated (in this section referred to as the 
        ``Property''), to each of the Great Lakes Shipwreck Historical 
        Society, located in Sault Ste. Marie, Michigan, the United 
        States Fish and Wildlife Service, and the Michigan Audubon 
        Society (each of which is referred to in this section as a 
        ``recipient''), subject to all easements, conditions, 
        reservations, exceptions, and restrictions contained in prior 
        conveyances of record.
            (2) Limitation.--Notwithstanding paragraph (1), the 
        Secretary shall retain for the United States all right, title, 
        and interest in--
                    (A) any historical artifact, including any lens or 
                lantern, and
                    (B) the light, antennas, sound signal, towers, 
                associated lighthouse equipment, and any electronic 
                navigation equipment, which are active aids to 
                navigation,
        which is located on the Property, or which relates to the 
        Property.
            (3) Identification of the property.--The Secretary may 
        identify, describe, and determine the parcels to be conveyed 
        pursuant to this section.
            (4) Rights of access.--If necessary to ensure access to a 
        public roadway for a parcel conveyed under this section, the 
        Secretary shall convey with the parcel an appropriate 
        appurtenant easement over another parcel conveyed under this 
        section.
            (5) Easement for public along shoreline.--In each 
        conveyance under this section of property located on the 
        shoreline of Lake Superior, the Secretary shall retain for the 
        public, for public walkway purposes, a right-of-way along the 
        shoreline that extends 30 feet inland from the mean high water 
        line.
          (b) Terms and Conditions.--
            (1) In general.--Any conveyance pursuant to subsection (a) 
        shall be made--
                    (A) without payment of consideration; and
                    (B) subject to such terms and conditions as the 
                Secretary considers appropriate.
            (2) Maintenance of navigation functions.--The Secretary 
        shall ensure that any conveyance pursuant to this section is 
        subject to such conditions as the Secretary considers to be 
        necessary to assure that--
                    (A) the light, antennas, sound signal, towers, and 
                associated lighthouse equipment, and any electronic 
                navigation equipment, which are located on the Property 
                and which are active aids to navigation shall continue 
                to be operated and maintained by the United States for 
                as long as they are needed for this purpose;
                    (B) the recipients may not interfere or allow 
                interference in any manner with such aids to navigation 
                without express written permission from the United 
                States;
                    (C) there is reserved to the United States the 
                right to relocate, replace, or add any aids to 
                navigation, or make any changes on any portion of the 
                Property as may be necessary for navigation purposes;
                    (D) the United States shall have the right, at any 
                time, to enter the Property without notice for the 
                purpose of maintaining aids to navigation;
                    (E) the United States shall have--
                            (i) an easement of access to and across the 
                        Property for the purpose of maintaining the 
                        aids to navigation and associated equipment in 
                        use on the Property; and
                            (ii) an easement for an arc of visibility; 
                        and
                    (F) the United States shall not be responsible for 
                the cost and expense of maintenance, repair, and upkeep 
                of the Property.
            (3) Maintenance obligation.--The recipients shall not have 
        any obligation to maintain any active aid to navigation 
        equipment on any parcel conveyed pursuant to this section.
          (c) Property To Be Maintained in Accordance With Certain 
Laws.--Each recipient shall maintain the parcel conveyed to the 
recipient pursuant to subsection (a) in accordance with the provisions 
of the National Historic Preservation Act (16 U.S.C. 470 et seq.), and 
other applicable laws.
          (d) Maintenance Standard.--Each recipient shall maintain the 
parcel conveyed to the recipient pursuant to subsection (a), at its own 
cost and expense, in a proper, substantial, and workmanlike manner, 
including the easements of access, the easement for an arc of 
visibility, the nuisance easement, and the underground easement.
          (e) Shared Use and Occupancy Agreement.--The Secretary shall 
require, as a condition of each conveyance of property under this 
section, that all of the recipients have entered into the same 
agreement governing the shared use and occupancy of the existing 
Whitefish Point Light Station facilities. The agreement shall be 
drafted by the recipients and shall include--
            (1) terms governing building occupancy and access of 
        recipient staff and public visitors to public restrooms, the 
        auditorium, and the parking lot; and
            (2) terms requiring that each recipient shall be 
        responsible for paying a pro rata share of the costs of 
        operating and maintaining the existing Whitefish Point Light 
        Station facilities, that is based on the level of use and 
        occupancy of the facilities by the recipient.
          (f) Limitations on Developing and Impairing Uses.--It shall 
be a term of each conveyance under this section that--
            (1) no development of new facilities or expansion of 
        existing facilities or infrastructure on property conveyed 
        under this section may occur, except for purposes of 
        implementing the Whitefish Point Comprehensive Plan of October 
        1992 or for a gift shop, unless--
                    (A) each of the recipients consents to the 
                development or expansion in writing;
                    (B) there has been a reasonable opportunity for 
                public comment on the development or expansion, and 
                full consideration has been given to such public 
                comment as is provided; and
                    (C) the development or expansion is consistent with 
                preservation of the Property in its predominantly 
                natural, scenic, historic, and forested condition; and
            (2) any use of the Property or any structure located on the 
        property which may impair or interfere with the conservation 
        values of the Property is expressly prohibited.
          (g) Reversionary Interest.--
            (1) In general.--All right, title, and interests in and to 
        property and interests conveyed under this section shall revert 
        to the United States and thereafter be administered by the 
        Secretary of Interior acting through the Director of the United 
        States Fish and Wildlife Service, if--
                    (A) in the case of such property and interests 
                conveyed to the Great Lakes Shipwreck Historical 
                Society, the property or interests cease to be used for 
                the purpose of historical interpretation;
                    (B) in the case of such property and interests 
                conveyed to the Michigan Audubon Society, the property 
                or interests cease to be used for the purpose of 
                environmental protection, research, and interpretation; 
                or
                    (C) in the case any property and interest conveyed 
                to a recipient referred to in subparagraph (A) or (B)--
                            (i) there is any violation of any term or 
                        condition of the conveyance to that recipient; 
                        or
                            (ii) the recipient has ceased to exist.
            (2) Authority to enforce reversionary interest.--The 
        Secretary of the Interior, acting through the Director of the 
        United States Fish and Wildlife Service, shall have the 
        authority--
                    (A) to determine for the United States Government 
                whether any act or omission of a recipient results in a 
                reversion of property and interests under paragraph 
                (1); and
                    (B) to initiate a civil action to enforce that 
                reversion, after notifying the recipient of the intent 
                of the Secretary of the Interior to initiate that 
                action.
            (3) Maintenance of navigation functions.--In the event of a 
        revision of property under this subsection, the Secretary of 
        the Interior shall administer the property subject to any 
        conditions the Secretary of Transportation considers to be 
        necessary to maintain the navigation functions.
          Sec. 5506. Conveyance of Lighthouses. (a) Authority To 
Convey.--
            (1) In general.--The Secretary of Transportation or the 
        Secretary of the Interior, as appropriate, shall convey, by an 
        appropriate means of conveyance, all right, title, and interest 
        of the United States in and to each of the following 
        properties:
                    (A) Saint Helena Island Light Station, located in 
                MacKinac County, Moran Township, Michigan, to the Great 
                Lakes Lighthouse Keepers Association.
                    (B) Presque Isle Light Station, located in Presque 
                Isle Township, Michigan, to Presque Isle Township, 
                Presque Isle County, Michigan.
            (2) Identification of property.--The Secretary may 
        identify, describe, and determine the property to be conveyed 
        under this subsection.
            (3) Exception.--The Secretary may not convey any historical 
        artifact, including any lens or lantern, located on the 
        property at or before the time of the conveyance.
          (b) Terms of Conveyance.--
            (1) In general.--The conveyance of property under this 
        section shall be made--
                    (A) without payment of consideration; and
                    (B) subject to the conditions required by this 
                section and other terms and conditions the Secretary 
                may consider appropriate.
            (2) Reversionary interest.--In addition to any term or 
        condition established under this section, the conveyance of 
        property under this subsection shall be subject to the 
        condition that all right, title, and interest in the property 
        shall immediately revert to the United States if--
                    (A) the property, or any part of the property--
                            (i) ceases to be used as a nonprofit center 
                        for the interpretation and preservation of 
                        maritime history;
                            (ii) ceases to be maintained in a manner 
                        that ensures its present or future use as a 
                        Coast Guard aid to navigation; or
                            (iii) ceases to be maintained in a manner 
                        consistent with the provisions of the National 
                        Historic Preservation Act of 1966 (16 U.S.C. 
                        470 et seq.); or
                    (B) at least 30 days before that reversion, the 
                Secretary of Transportation provides written notice to 
                the owner that the property is needed for national 
                security purposes.
            (3) Maintenance of navigation functions.--A conveyance of 
        property under this section shall be made subject to the 
        conditions that the Secretary of Transportation considers to be 
        necessary to assure that--
                    (A) the lights, antennas, sound signal, electronic 
                navigation equipment, and associated lighthouse 
                equipment located on the property conveyed, which are 
                active aids to navigation, shall continue to be 
                operated and maintained by the United States for as 
                long as they are needed for this purpose;
                    (B) the owner of the property may not interfere or 
                allow interference in any manner with aids to 
                navigation without express written permission from the 
                Secretary of Transportation;
                    (C) there is reserved to the United States the 
                right to relocate, replace or add any aid to navigation 
                or make any changes to the property as may be necessary 
                for navigational purposes;
                    (D) the United States shall have the right, at any 
                time, to enter the property without notice for the 
                purpose of maintaining aids to navigation; and
                    (E) the United States shall have an easement of 
                access to and across the property for the purpose of 
                maintaining the aids to navigation in use on the 
                property.
            (4) Obligation limitation.--The owner of property conveyed 
        under this section is not required to maintain any active aid 
        to navigation equipment on the property.
            (5) Property to be maintained in accordance with certain 
        laws.--The owner of property conveyed under this section shall 
        maintain the property in accordance with the National Historic 
        Preservation Act of 1966 (16 U.S.C. 470 et seq.) and other 
        applicable laws.
          (c) Maintenance Standard.--The owner of any property conveyed 
under this section, at its own cost and expense, shall maintain the 
property in a proper, substantial, and workmanlike manner.
          (d) Definitions.--For purposes of this section:
            (1) the term ``owner'' means the person identified in 
        subsection a(1)(A) and (B), and includes any successor of 
        assign of that person.
            (2) The term ``Presque Isle Light Station'' includes the 
        light tower, attached dwelling, detached dwelling, 3-car 
        garage, and any other improvements on that parcel of land.

                               CHAPTER 6

                       DEPARTMENT OF THE TREASURY

              Community Development Financial Institutions

   community development financial institutions fund program account

          For an additional amount for ``Community Development 
Financial Institutions Fund Program Account'' for grants, loans, and 
technical assistance to qualifying community development lenders, 
$5,000,000, to remain available until September 30, 1998, of which 
$850,000 may be used for the cost of direct loans: Provided, That the 
cost of direct loans, including the cost of modifying such loans, shall 
be as defined in section 502 of the Congressional Budget Act of 1974.

                    Environmental Protection Agency

                         science and technology

          For an additional amount for ``Science and Technology'', 
$10,000,000, to remain available until September 30, 1998, to conduct 
health effects research to carry out the purposes of the Safe Drinking 
Water Act Amendments of 1996, Public Law 104-182.

                 environmental programs and management

          For an additional amount for ``Environmental Programs and 
Management'', $42,221,000, to remain available until September 30, 
1998, of which $30,000,000 is to carry out the purposes of the Safe 
Drinking Water Act Amendments of 1996, Public Law 104-182, and the 
purposes of the Food Quality Protection Act of 1996, Public Law 104-
170, and of which $10,221,000 is for pesticide residue data collection 
for use in risk assessment activities.

                   state and tribal assistance grants

          For an additional amount for ``State and Tribal Assistance 
Grants'', $35,000,000, to remain available until expended, for a grant 
to the City of Boston, Massachusetts, subject to an appropriate cost 
share as determined by the Administrator, for the construction of 
wastewater treatment facilities.

                  Federal Emergency Management Agency

                         salaries and expenses

          For an additional amount for ``Salaries and Expenses'' to 
increase Federal, State, and local preparedness for mitigating and 
responding to the consequences of terrorism, $3,000,000.

              emergency management planning and assistance

          For an additional amount for ``Emergency Management Planning 
and Assistance'' to increase Federal, State, and local preparedness for 
mitigating and responding to the consequences of terrorism, 
$12,000,000.

                     national flood insurance fund

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

                Department of Health and Human Services

                       office of consumer affairs

          For necessary expenses of the Office of Consumer Affairs, 
including services authorized by 5 U.S.C. 3109, but at rates for 
individuals not to exceed the per diem rate equivalent to the rate for 
GS-18, $1,500,000: Provided, That none of the funds provided under this 
heading may be made available for any other activities within the 
Department of Health and Human Services.

             National Aeronautics and Space Administration

                  science, aeronautics and technology

          For an additional amount for ``Science, Aeronautics and 
Technology'', $5,000,000, to remain available until September 30, 1998.

                               CHAPTER 7

                   INTERNATIONAL SECURITY ASSISTANCE

    nonproliferation, anti-terrorism, demining and related programs

          For an additional amount for nonproliferation, anti-terrorism 
and related programs and activities, $18,000,000, to carry out the 
provisions of chapter 8 of part II of the Foreign Assistance Act of 
1961 for anti-terrorism assistance.

                   foreign military financing program

          For an additional amount for grants to enable the President 
to carry out the provisions of section 23 of the Arms Export Control 
Act, $60,000,000.

                        peacekeeping operations

          For necessary expenses to carry out the provisions of section 
551 of the Foreign Assistance Act of 1961, $65,000,000: Provided, That 
none of the funds appropriated under this paragraph shall be obligated 
or expended except as provided through the regular notification 
procedures of the Committees on Appropriations.

                               CHAPTER 8

                           GENERAL PROVISIONS

          Sec. 5801. Of the amounts made available in Title IV of the 
Department of Defense Appropriations Act, 1997, under the heading 
``Research, Development, Test and Evaluation, Defense-Wide'', 
$56,232,000 shall be made available only for the Corps Surface-to-Air 
Missile (CORPS SAM) program.
          Sec. 5802. There is hereby established on the books of the 
Treasury an account, ``Support for International Sporting Competitions, 
Defense'' (hereinafter referred to in this section as the ``Account'') 
to be available until expended for logistical and security support for 
international sporting competitions (other than pay and non-travel-
related allowances of members of the Armed Forces of the United States, 
except for members of the reserve components thereof called or ordered 
to active duty in connection with providing such support): Provided, 
That there shall be credited to the Account: (a) unobligated balances 
of the funds appropriated in Public Laws 103-335 and 104-61 under the 
headings ``Summer Olympics''; (b) any reimbursements received by the 
Department of Defense in connection with support to the 1993 World 
University Games; the 1994 World Cup Games; and the 1996 Games of the 
XXVI Olympiad held in Atlanta, Georgia; (c) any reimbursements received 
by the Department of Defense after the date of enactment of this Act 
for logistical and security support provided to international sporting 
competitions; and (d) amounts specifically appropriated to the Account, 
all to remain available until expended: Provided further, That none of 
the funds made available to the Account may be obligated until 45 days 
after the congressional defense committees have been notified in 
writing by the Secretary of Defense as to the purpose for which these 
funds will be obligated.
          Sec. 5803. In addition to the amounts made available in Title 
IV of the Department of Defense Appropriations Act, 1997, under the 
heading ``Research, Development, Test and Evaluation, Defense-Wide'', 
$100,000,000 is hereby appropriated and made available only for the 
Dual-Use Applications Program.

          DIVISION B--OREGON RESOURCE CONSERVATION ACT OF 1996

SECTION 1. SHORT TITLE.

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

       TITLE I--OPAL CREEK WILDERNESS AND SCENIC RECREATION AREA

SEC. 101. SHORT TITLE.

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

SEC. 102. DEFINITIONS.

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

SEC. 103. PURPOSES.

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

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

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

SEC. 105. ADMINISTRATION OF THE SCENIC RECREATION AREA.

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

SEC. 106. ADVISORY COUNCIL.

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

SEC. 107. GENERAL PROVISIONS.

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

SEC. 108. ROSBORO LAND EXCHANGE.

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

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

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

SEC. 110. ECONOMIC DEVELOPMENT.

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

                     TITLE II--UPPER KLAMATH BASIN

SEC. 201. UPPER KLAMATH BASIN ECOLOGICAL RESTORATION PROJECTS.

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

                       TITLE III--DESCHUTES BASIN

SEC. 301. DESCHUTES BASIN ECOSYSTEM RESTORATION PROJECTS.

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

                     TITLE IV--MOUNT HOOD CORRIDOR

SEC. 401. LAND EXCHANGE.

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

                    TITLE V--COQUILLE TRIBAL FOREST

SEC. 501. CREATION OF THE COQUILLE FOREST.

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

                TITLE VI--BULL RUN WATERSHED PROTECTION

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

SEC. 605. REPORT TO CONGRESS.

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

            TITLE VII--OREGON ISLANDS WILDERNESS, ADDITIONS

SEC. 701. OREGON ISLANDS WILDERNESS, ADDITIONS.

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

              TITLE VIII--UMPQUA RIVER LAND EXCHANGE STUDY

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

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

SEC. 802. REPORT TO CONGRESS.

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

SEC. 803. AUTHORIZATION OF APPROPRIATIONS.

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

DIVISION C--ILLEGAL IMMIGRATION REFORM AND IMMIGRANT RESPONSIBILITY ACT 
                                OF 1996

SEC. 1. SHORT TITLE OF DIVISION; AMENDMENTS TO IMMIGRATION AND 
              NATIONALITY ACT; APPLICATION OF DEFINITIONS OF SUCH ACT; 
              TABLE OF CONTENTS OF DIVISION; SEVERABILITY.

    (a) Short Title.--This division may be cited as the ``Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996''.
    (b) Amendments to Immigration and Nationality Act.--Except as 
otherwise specifically provided--
            (1) whenever in this division an amendment or repeal is 
        expressed as the amendment or repeal of a section or other 
        provision, the reference shall be considered to be made to that 
        section or provision in the Immigration and Nationality Act; 
        and
            (2) amendments to a section or other provision are to such 
        section or other provision before any amendment made to such 
        section or other provision elsewhere in this division.
    (c) Application of Certain Definitions.--Except as otherwise 
specifically provided in this division, for purposes of titles I and VI 
of this division, the terms ``alien'', ``Attorney General'', ``border 
crossing identification card'', ``entry'', ``immigrant'', ``immigrant 
visa'', ``lawfully admitted for permanent residence'', ``national'', 
``naturalization'', ``refugee'', ``State'', and ``United States'' shall 
have the meaning given such terms in section 101(a) of the Immigration 
and Nationality Act.
    (d) Table of Contents of Division.--The table 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.
 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.
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.
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.
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.
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.
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.

    (e) Severability.--If any provision of this division or the 
application of such provision to any person or circumstances is held to 
be unconstitutional, the remainder of this division and the application 
of the provisions of this division to any person or circumstance shall 
not be affected thereby.

 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.

    (a) Increased Number of Border Patrol Agents.--The Attorney General 
in each of fiscal years 1997, 1998, 1999, 2000, and 2001 shall increase 
by not less than 1,000 the number of positions for full-time, active-
duty border patrol agents within the Immigration and Naturalization 
Service above the number of such positions for which funds were 
allotted for the preceding fiscal year.
    (b) Increase in Border Patrol Support Personnel.--The Attorney 
General, in each of fiscal years 1997, 1998, 1999, 2000, and 2001, may 
increase by 300 the number of positions for personnel in support of 
border patrol agents above the number of such positions for which funds 
were allotted for the preceding fiscal year.
    (c) Deployment of Border Patrol Agents.--The Attorney General 
shall, to the maximum extent practicable, ensure that additional border 
patrol agents shall be deployed among Immigration and Naturalization 
Service sectors along the border in proportion to the level of illegal 
crossing of the borders of the United States measured in each sector 
during the preceding fiscal year and reasonably anticipated in the next 
fiscal year.
    (d) Forward Deployment.--
            (1) In general.--The Attorney General shall forward deploy 
        existing border patrol agents in those areas of the border 
        identified as areas of high illegal entry into the United 
        States in order to provide a uniform and visible deterrent to 
        illegal entry on a continuing basis. The previous sentence 
        shall not apply to border patrol agents located at checkpoints.
            (2) Preservation of law enforcement functions and 
        capabilities in interior states.--The Attorney General shall, 
        when deploying border patrol personnel from interior stations 
        to border stations, coordinate with, and act in conjunction 
        with, State and local law enforcement agencies to ensure that 
        such deployment does not degrade or compromise the law 
        enforcement capabilities and functions currently performed at 
        interior border patrol stations.
            (3) Report.--Not later than 6 months after the date of the 
        enactment of this Act, the Attorney General shall submit to the 
        Committees on the Judiciary of the House of Representatives and 
        of the Senate a report on--
                    (A) the progress and effectiveness of the forward 
                deployment under paragraph (1); and
                    (B) the measures taken to comply with paragraph 
                (2).

SEC. 102. IMPROVEMENT OF BARRIERS AT BORDER.

    (a) In General.--The Attorney General, in consultation with the 
Commissioner of Immigration and Naturalization, shall take such actions 
as may be necessary to install additional physical barriers and roads 
(including the removal of obstacles to detection of illegal entrants) 
in the vicinity of the United States border to deter illegal crossings 
in areas of high illegal entry into the United States.
    (b) Construction of Fencing and Road Improvements in the Border 
Area Near San Diego, California.--
            (1) In general.--In carrying out subsection (a), the 
        Attorney General shall provide for the construction along the 
        14 miles of the international land border of the United States, 
        starting at the Pacific Ocean and extending eastward, of second 
        and third fences, in addition to the existing reinforced fence, 
        and for roads between the fences.
            (2) Prompt acquisition of necessary easements.--The 
        Attorney General, acting under the authority conferred in 
        section 103(b) of the Immigration and Nationality Act (as 
        inserted by subsection (d)), shall promptly acquire such 
        easements as may be necessary to carry out this subsection and 
        shall commence construction of fences immediately following 
        such acquisition (or conclusion of portions thereof).
            (3) Safety features.--The Attorney General, while 
        constructing the additional fencing under this subsection, 
        shall incorporate such safety features into the design of the 
        fence system as are necessary to ensure the well-being of 
        border patrol agents deployed within or in near proximity to 
        the system.
            (4) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out this subsection not to exceed 
        $12,000,000. Amounts appropriated under this paragraph are 
        authorized to remain available until expended.
    (c) Waiver.--The provisions of the Endangered Species Act of 1973 
and the National Environmental Policy Act of 1969 are waived to the 
extent the Attorney General determines necessary to ensure expeditious 
construction of the barriers and roads under this section.
    (d) Land Acquisition Authority.--
            (1) In general.--Section 103 (8 U.S.C. 1103) is amended--
                    (A) by redesignating subsections (b), (c), and (d) 
                as subsections (c), (d), and (e), respectively; and
                    (B) by inserting after subsection (a) the 
                following:
    ``(b)(1) The Attorney General may contract for or buy any interest 
in land, including temporary use rights, adjacent to or in the vicinity 
of an international land border when the Attorney General deems the 
land essential to control and guard the boundaries and borders of the 
United States against any violation of this Act.
    ``(2) The Attorney General may contract for or buy any interest in 
land identified pursuant to paragraph (1) as soon as the lawful owner 
of that interest fixes a price for it and the Attorney General 
considers that price to be reasonable.
    ``(3) When the Attorney General and the lawful owner of an interest 
identified pursuant to paragraph (1) are unable to agree upon a 
reasonable price, the Attorney General may commence condemnation 
proceedings pursuant to the Act of August 1, 1888 (Chapter 728; 25 
Stat. 357).
    ``(4) The Attorney General may accept for the United States a gift 
of any interest in land identified pursuant to paragraph (1).''.
            (2) Conforming amendment.--Section 103(e) (as so 
        redesignated by paragraph (1)(A)) is amended by striking 
        ``subsection (c)'' and inserting ``subsection (d)''.

SEC. 103. IMPROVED BORDER EQUIPMENT AND TECHNOLOGY.

    The Attorney General is authorized to acquire and use, for the 
purpose of detection, interdiction, and reduction of illegal 
immigration into the United States, any Federal equipment (including 
fixed wing aircraft, helicopters, four-wheel drive vehicles, sedans, 
night vision goggles, night vision scopes, and sensor units) determined 
available for transfer by any other agency of the Federal Government 
upon request of the Attorney General.

SEC. 104. IMPROVEMENT IN BORDER CROSSING IDENTIFICATION CARD.

    (a) In General.--Section 101(a)(6) (8 U.S.C. 1101(a)(6)) is amended 
by adding at the end the following: ``Such regulations shall provide 
that (A) each such document include a biometric identifier (such as the 
fingerprint or handprint of the alien) that is machine readable and (B) 
an alien presenting a border crossing identification card is not 
permitted to cross over the border into the United States unless the 
biometric identifier contained on the card matches the appropriate 
biometric characteristic of the alien.''.
    (b) Effective Dates.--
            (1) Clause a.--Clause (A) of the sentence added by the 
        amendment made by subsection (a) shall apply to documents 
        issued on or after 18 months after the date of the enactment of 
        this Act.
            (2) Clause b.--Clause (B) of such sentence shall apply to 
        cards presented on or after 3 years after the date of the 
        enactment of this Act.

SEC. 105. CIVIL PENALTIES FOR ILLEGAL ENTRY.

    (a) In General.--Section 275 (8 U.S.C. 1325) is amended--
            (1) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively; and
            (2) by inserting after subsection (a) the following:
    ``(b) Any alien who is apprehended while entering (or attempting to 
enter) the United States at a time or place other than as designated by 
immigration officers shall be subject to a civil penalty of--
            ``(1) at least $50 and not more than $250 for each such 
        entry (or attempted entry); or
            ``(2) twice the amount specified in paragraph (1) in the 
        case of an alien who has been previously subject to a civil 
        penalty under this subsection.

Civil penalties under this subsection are in addition to, and not in 
lieu of, any criminal or other civil penalties that may be imposed.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to illegal entries or attempts to enter occurring on or after the 
first day of the sixth month beginning after the date of the enactment 
of this Act.

SEC. 106. HIRING AND TRAINING STANDARDS.

    (a) Review of Hiring Standards.--Not later than 60 days after the 
date of the enactment of this Act, the Attorney General shall complete 
a review of all prescreening and hiring standards used by the 
Commissioner of Immigration and Naturalization, and, where necessary, 
revise such standards to ensure that they are consistent with relevant 
standards of professionalism.
    (b) Certification.--At the conclusion of each of fiscal years 1997, 
1998, 1999, 2000, and 2001, the Attorney General shall certify in 
writing to the Committees on the Judiciary of the House of 
Representatives and of the Senate that all personnel hired by the 
Commissioner of Immigration and Naturalization for such fiscal year 
were hired pursuant to the appropriate standards, as revised under 
subsection (a).
    (c) Review of Training Standards.--
            (1) Review.--Not later than 180 days after the date of the 
        enactment of this Act, the Attorney General shall complete a 
        review of the sufficiency of all training standards used by the 
        Commissioner of Immigration and Naturalization.
            (2) Report.--
                    (A) In general.--Not later than 90 days after the 
                completion of the review under paragraph (1), the 
                Attorney General shall submit a report to the 
                Committees on the Judiciary of the House of 
                Representatives and of the Senate on the results of the 
                review, including--
                            (i) a description of the status of efforts 
                        to update and improve training throughout the 
                        Immigration and Naturalization Service; and
                            (ii) an estimate of when such efforts are 
                        expected to be completed.
                    (B) Areas requiring future review.--The report 
                shall disclose those areas of training that the 
                Attorney General determines require further review in 
                the future.

SEC. 107. REPORT ON BORDER STRATEGY.

    (a) Evaluation of Strategy.--The Comptroller General of the United 
States shall track, monitor, and evaluate the Attorney General's 
strategy to deter illegal entry in the United States to determine the 
efficacy of such strategy.
    (b) Cooperation.--The Attorney General, the Secretary of State, and 
the Secretary of Defense shall cooperate with the Comptroller General 
of the United States in carrying out subsection (a).
    (c) Report.--Not later than one year after the date of the 
enactment of this Act, and every year thereafter for the succeeding 5 
years, the Comptroller General of the United States shall submit a 
report to the Committees on the Judiciary of the House of 
Representatives and of the Senate on the results of the activities 
undertaken under subsection (a) during the previous year. Each such 
report shall include an analysis of the degree to which the Attorney 
General's strategy has been effective in reducing illegal entry. Each 
such report shall include a collection and systematic analysis of data, 
including workload indicators, related to activities to deter illegal 
entry and recommendations to improve and increase border security at 
the border and ports of entry.

SEC. 108. CRIMINAL PENALTIES FOR HIGH SPEED FLIGHTS FROM IMMIGRATION 
              CHECKPOINTS.

    (a) Findings.--The Congress finds as follows:
            (1) Immigration checkpoints are an important component of 
        the national strategy to prevent illegal immigration.
            (2) Individuals fleeing immigration checkpoints and leading 
        law enforcement officials on high speed vehicle chases endanger 
        law enforcement officers, innocent bystanders, and the fleeing 
        individuals themselves.
            (3) The pursuit of suspects fleeing immigration checkpoints 
        is complicated by overlapping jurisdiction among Federal, 
        State, and local law enforcement officers.
    (b) High Speed Flight from Immigration Checkpoints.--
            (1) In general.--Chapter 35 of title 18, United States 
        Code, is amended by adding at the end the following:
``Sec. 758. High speed flight from immigration checkpoint
    ``Whoever flees or evades a checkpoint operated by the Immigration 
and Naturalization Service, or any other Federal law enforcement 
agency, in a motor vehicle and flees Federal, State, or local law 
enforcement agents in excess of the legal speed limit shall be fined 
under this title, imprisoned not more than five years, or both.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the 
        item relating to section 757 the following:

``758. High speed flight from immigration checkpoint.''.

    (c) Grounds for Deportation.--Section 241(a)(2)(A) (8 U.S.C. 
1251(a)(2)(A)) is amended--
            (1) by redesignating clause (iv) as clause (v);
            (2) by inserting after clause (iii) the following:
                            ``(iv) High speed flight.--Any alien who is 
                        convicted of a violation of section 758 of 
                        title 18, United States Code (relating to high 
                        speed flight from an immigration checkpoint), 
                        is deportable.''; and
            (3) in clause (v) (as so redesignated by paragraph (1)), by 
        striking ``and (iii)'' and inserting ``(iii), and (iv)''.

SEC. 109. JOINT STUDY OF AUTOMATED DATA COLLECTION.

    (a) Study.--The Attorney General, together with the Secretary of 
State, the Secretary of Agriculture, the Secretary of the Treasury, and 
appropriate representatives of the air transport industry, shall 
jointly undertake a study to develop a plan for making the transition 
to automated data collection at ports of entry.
    (b) Report.--Nine months after the date of the enactment of this 
Act, the Attorney General shall submit a report to the Committees on 
the Judiciary of the Senate and the House of Representatives on the 
outcome of the joint initiative under subsection (a), noting specific 
areas of agreement and disagreement, and recommending further steps to 
be taken, including any suggestions for legislation.

SEC. 110. AUTOMATED ENTRY-EXIT CONTROL SYSTEM.

    (a) System.--Not later than 2 years after the date of the enactment 
of this Act, the Attorney General shall develop an automated entry and 
exit control system that will--
            (1) collect a record of departure for every alien departing 
        the United States and match the records of departure with the 
        record of the alien's arrival in the United States; and
            (2) enable the Attorney General to identify, through on-
        line searching procedures, lawfully admitted nonimmigrants who 
        remain in the United States beyond the period authorized by the 
        Attorney General.
    (b) Report.--
            (1) Deadline.--Not later than December 31 of each year 
        following the development of the system under subsection (a), 
        the Attorney General shall submit an annual report to the 
        Committees on the Judiciary of the House of Representatives and 
        of the Senate on such system.
            (2) Information.--The report shall include the following 
        information:
                    (A) The number of departure records collected, with 
                an accounting by country of nationality of the 
                departing alien.
                    (B) The number of departure records that were 
                successfully matched to records of the alien's prior 
                arrival in the United States, with an accounting by the 
                alien's country of nationality and by the alien's 
                classification as an immigrant or nonimmigrant.
                    (C) The number of aliens who arrived as 
                nonimmigrants, or as a visitor under the visa waiver 
                program under section 217 of the Immigration and 
                Nationality Act, for whom no matching departure record 
                has been obtained through the system or through other 
                means as of the end of the alien's authorized period of 
                stay, with an accounting by the alien's country of 
                nationality and date of arrival in the United States.
    (c) Use of Information on Overstays.--Information regarding aliens 
who have remained in the United States beyond their authorized period 
of stay identified through the system shall be integrated into 
appropriate data bases of the Immigration and Naturalization Service 
and the Department of State, including those used at ports of entry and 
at consular offices.

SEC. 111. SUBMISSION OF FINAL PLAN ON REALIGNMENT OF BORDER PATROL 
              POSITIONS FROM INTERIOR STATIONS.

    Not later than November 30, 1996, the Attorney General shall submit 
to the Committees on the Judiciary of the House of Representatives and 
of the Senate a final plan regarding the redeployment of border patrol 
personnel from interior locations to the front lines of the border. The 
final plan shall be consistent with the following:
            (1) The preliminary plan regarding such redeployment 
        submitted by the Attorney General on May 17, 1996, to the 
        Committee on Appropriations of the House of Representatives and 
        the Committee on Appropriations of the Senate.
            (2) The direction regarding such redeployment provided in 
        the joint explanatory statement of the committee of conference 
        in the conference report to accompany the Omnibus Consolidated 
        Rescissions and Appropriations Act of 1996 (Public Law 104-
        134).

SEC. 112. NATIONWIDE FINGERPRINTING OF APPREHENDED ALIENS.

    There are authorized to be appropriated such additional sums as may 
be necessary to ensure that the ``IDENT'' program (operated by the 
Immigration and Naturalization Service) is expanded to apply to illegal 
or criminal aliens apprehended nationwide.

                Subtitle B--Facilitation of Legal Entry

SEC. 121. LAND BORDER INSPECTORS.

    In order to eliminate undue delay in the thorough inspection of 
persons and vehicles lawfully attempting to enter the United States, 
the Attorney General and the Secretary of the Treasury each shall 
increase, by approximately equal numbers in each of fiscal years 1997 
and 1998, the number of full-time land border inspectors assigned to 
active duty by the Immigration and Naturalization Service and the 
United States Customs Service to a level adequate to assure full 
staffing during peak crossing hours of all border crossing lanes 
currently in use, under construction, or whose construction has been 
authorized by the Congress, except such low-use lanes as the Attorney 
General may designate.

SEC. 122. LAND BORDER INSPECTION AND AUTOMATED PERMIT PILOT PROJECTS.

    (a) Extension of Land Border Inspection Project Authority; 
Establishment of Automated Permit Pilot Projects.--Section 286(q) is 
amended--
            (1) by striking the matter preceding paragraph (2) and 
        inserting the following:
    ``(q) Land Border Inspection Fee Account.--(1)(A)(i) 
Notwithstanding any other provision of law, the Attorney General is 
authorized to establish, by regulation, not more than 6 projects under 
which a fee may be charged and collected for inspection services 
provided at one or more land border points of entry. Such projects may 
include the establishment of commuter lanes to be made available to 
qualified United States citizens and aliens, as determined by the 
Attorney General.
    ``(ii) The program authorized in this subparagraph shall terminate 
on September 30, 2000, unless further authorized by an Act of Congress.
    ``(iii) This subparagraph shall take effect, with respect to any 
project described in clause (1) that was not authorized to be commenced 
before the date of the enactment of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996, 30 days after submission of a 
written plan by the Attorney General detailing the proposed 
implementation of such project.
    ``(iv) The Attorney General shall prepare and submit on a quarterly 
basis, until September 30, 2000, a status report on each land border 
inspection project implemented under this subparagraph.
    ``(B) The Attorney General, in consultation with the Secretary of 
the Treasury, may conduct pilot projects to demonstrate the use of 
designated ports of entry after working hours through the use of card 
reading machines or other appropriate technology.''; and
            (2) by striking paragraph (5).
    (b) Conforming amendment.--The Departments of Commerce, Justice, 
and State, the Judiciary, and Related Agencies Appropriation Act, 1994 
(Public Law 103-121, 107 Stat. 1161) is amended by striking the fourth 
proviso under the heading ``Immigration and Naturalization Service, 
Salaries and Expenses''.

SEC. 123. PREINSPECTION AT FOREIGN AIRPORTS.

    (a) In General.--The Immigration and Nationality Act is amended by 
inserting after section 235 the following:

                  ``preinspection at foreign airports

    ``Sec. 235A. (a) Establishment of Preinspection Stations.--
            ``(1) New stations.--Subject to paragraph (5), not later 
        than October 31, 1998, the Attorney General, in consultation 
        with the Secretary of State, shall establish and maintain 
        preinspection stations in at least 5 of the foreign airports 
        that are among the 10 foreign airports which the Attorney 
        General identifies as serving as last points of departure for 
        the greatest numbers of inadmissible alien passengers who 
        arrive from abroad by air at ports of entry within the United 
        States. Such preinspection stations shall be in addition to any 
        preinspection stations established prior to the date of the 
        enactment of such Act.
            ``(2) Report.--Not later than October 31, 1998, the 
        Attorney General shall report to the Committees on the 
        Judiciary of the House of Representatives and of the Senate on 
        the implementation of paragraph (1).
            ``(3) Data collection.--Not later than November 1, 1997, 
        and each subsequent November 1, the Attorney General shall 
        compile data identifying--
                    ``(A) the foreign airports which served as last 
                points of departure for aliens who arrived by air at 
                United States ports of entry without valid 
                documentation during the preceding fiscal years;
                    ``(B) the number and nationality of such aliens 
                arriving from each such foreign airport; and
                    ``(C) the primary routes such aliens followed from 
                their country of origin to the United States.
            ``(4) Additional stations.--Subject to paragraph (5), not 
        later than October 31, 2000, the Attorney General, in 
        consultation with the Secretary of State, shall establish 
        preinspection stations in at least 5 additional foreign 
        airports which the Attorney General, in consultation with the 
        Secretary of State, determines, based on the data compiled 
        under paragraph (3) and such other information as may be 
        available, would most effectively reduce the number of aliens 
        who arrive from abroad by air at points of entry within the 
        United States who are inadmissible to the United States. Such 
        preinspection stations shall be in addition to those 
        established prior to the date of the enactment of such Act or 
        pursuant to paragraph (1).
            ``(5) Conditions.--Prior to the establishment of a 
        preinspection station, the Attorney General, in consultation 
        with the Secretary of State, shall ensure that--
                    ``(A) employees of the United States stationed at 
                the preinspection station and their accompanying family 
                members will receive appropriate protection;
                    ``(B) such employees and their families will not be 
                subject to unreasonable risks to their welfare and 
                safety; and
                    ``(C) the country in which the preinspection 
                station is to be established maintains practices and 
                procedures with respect to asylum seekers and refugees 
                in accordance with the Convention Relating to the 
                Status of Refugees (done at Geneva, July 28, 1951), or 
                the Protocol Relating to the Status of Refugees (done 
                at New York, January 31, 1967), or that an alien in the 
                country otherwise has recourse to avenues of protection 
                from return to persecution.
    ``(b) Establishment of Carrier Consultant Program.--The Attorney 
General shall assign additional immigration officers to assist air 
carriers in the detection of fraudulent documents at foreign airports 
which, based on the records maintained pursuant to subsection (a)(3), 
served as a point of departure for a significant number of arrivals at 
United States ports of entry without valid documentation, but where no 
preinspection station exists.''.
    (b) Clerical Amendment.--The table of contents is amended by 
inserting after the item relating to section 235 the following:

``Sec. 235A.  Preinspection at foreign airports.''.

SEC. 124. TRAINING OF AIRLINE PERSONNEL IN DETECTION OF FRAUDULENT 
              DOCUMENTS.

    (a) Use of Funds.--
            (1) In general.--Section 286(h)(2)(A) (8 U.S.C. 
        1356(h)(2)(A)) is amended--
                    (A) in clause (iv), by inserting ``, including 
                training of, and technical assistance to, commercial 
                airline personnel regarding such detection'' after 
                ``United States''; and
                    (B) by adding at the end the following:
``The Attorney General shall provide for expenditures for training and 
assistance described in clause (iv) in an amount, for any fiscal year, 
not less than 5 percent of the total of the expenses incurred that are 
described in the previous sentence.''.
            (2) Applicability.--The amendments made by paragraph (1) 
        shall apply to expenses incurred during or after fiscal year 
        1997.
    (b) Compliance With Detection Regulations.--
            (1) In general.--Section 212(f) (8 U.S.C. 1182(f)) is 
        amended by adding at the end the following: ``Whenever the 
        Attorney General finds that a commercial airline has failed to 
        comply with regulations of the Attorney General relating to 
        requirements of airlines for the detection of fraudulent 
        documents used by passengers traveling to the United States 
        (including the training of personnel in such detection), the 
        Attorney General may suspend the entry of some or all aliens 
        transported to the United States by such airline.''.
            (2) Deadline.--The Attorney General shall first issue, in 
        proposed form, regulations referred to in the second sentence 
        of section 212(f) of the Immigration and Nationality Act, as 
        added by the amendment made by paragraph (1), not later than 90 
        days after the date of the enactment of this Act.

SEC. 125. PRECLEARANCE AUTHORITY.

    Section 103(a) of the Immigration and Nationality Act (8 U.S.C. 
1103(a)) is amended by adding at the end the following:
``After consultation with the Secretary of State, the Attorney General 
may authorize officers of a foreign country to be stationed at 
preclearance facilities in the United States for the purpose of 
ensuring that persons traveling from or through the United States to 
that foreign country comply with that country's immigration and related 
laws. Those officers may exercise such authority and perform such 
duties as United States immigration officers are authorized to exercise 
and perform in that foreign country under reciprocal agreement, and 
they shall enjoy such reasonable privileges and immunities necessary 
for the performance of their duties as the government of their country 
extends to United States immigration officers.''.

                    Subtitle C--Interior Enforcement

SEC. 131. AUTHORIZATION OF APPROPRIATIONS FOR INCREASE IN NUMBER OF 
              CERTAIN INVESTIGATORS.

    (a) Authorization.--There are authorized to be appropriated such 
funds as may be necessary to enable the Commissioner of Immigration and 
Naturalization to increase the number of investigators and support 
personnel to investigate potential violations of sections 274 and 274A 
of the Immigration and Nationality Act by a number equivalent to 300 
full-time active-duty investigators in each of fiscal years 1997, 1998, 
and 1999.
    (b) Allocation of Investigators.--At least one-half of the 
investigators hired with funds made available under subsection (a) 
shall be assigned to investigate potential violations of section 274A 
of the Immigration and Nationality Act.
    (c) Limitation on Overtime.--None of the funds made available under 
subsection (a) shall be available for administrative expenses to pay 
any employee overtime pay in an amount in excess of $25,000 for any 
fiscal year.

SEC. 132. AUTHORIZATION OF APPROPRIATIONS FOR INCREASE IN NUMBER OF 
              INVESTIGATORS OF VISA OVERSTAYERS.

    There are authorized to be appropriated such funds as may be 
necessary to enable the Commissioner of Immigration and Naturalization 
to increase the number of investigators and support personnel to 
investigate visa overstayers by a number equivalent to 300 full-time 
active-duty investigators in fiscal year 1997.

SEC. 133. ACCEPTANCE OF STATE SERVICES TO CARRY OUT IMMIGRATION 
              ENFORCEMENT.

    Section 287 (8 U.S.C. 1357) is amended by adding at the end the 
following:
    ``(g)(1) Notwithstanding section 1342 of title 31, United States 
Code, the Attorney General may enter into a written agreement with a 
State, or any political subdivision of a State, pursuant to which an 
officer or employee of the State or subdivision, who is determined by 
the Attorney General to be qualified to perform a function of an 
immigration officer in relation to the investigation, apprehension, or 
detention of aliens in the United States (including the transportation 
of such aliens across State lines to detention centers), may carry out 
such function at the expense of the State or political subdivision and 
to the extent consistent with State and local law.
    ``(2) An agreement under this subsection shall require that an 
officer or employee of a State or political subdivision of a State 
performing a function under the agreement shall have knowledge of, and 
adhere to, Federal law relating to the function, and shall contain a 
written certification that the officers or employees performing the 
function under the agreement have received adequate training regarding 
the enforcement of relevant Federal immigration laws.
    ``(3) In performing a function under this subsection, an officer or 
employee of a State or political subdivision of a State shall be 
subject to the direction and supervision of the Attorney General.
    ``(4) In performing a function under this subsection, an officer or 
employee of a State or political subdivision of a State may use Federal 
property or facilities, as provided in a written agreement between the 
Attorney General and the State or subdivision.
    ``(5) With respect to each officer or employee of a State or 
political subdivision who is authorized to perform a function under 
this subsection, the specific powers and duties that may be, or are 
required to be, exercised or performed by the individual, the duration 
of the authority of the individual, and the position of the agency of 
the Attorney General who is required to supervise and direct the 
individual, shall be set forth in a written agreement between the 
Attorney General and the State or political subdivision.
    ``(6) The Attorney General may not accept a service under this 
subsection if the service will be used to displace any Federal 
employee.
    ``(7) Except as provided in paragraph (8), an officer or employee 
of a State or political subdivision of a State performing functions 
under this subsection shall not be treated as a Federal employee for 
any purpose other than for purposes of chapter 81 of title 5, United 
States Code (relating to compensation for injury), and sections 2671 
through 2680 of title 28, United States Code (relating to tort claims).
    ``(8) An officer or employee of a State or political subdivision of 
a State acting under color of authority under this subsection, or any 
agreement entered into under this subsection, shall be considered to be 
acting under color of Federal authority for purposes of determining the 
liability, and immunity from suit, of the officer or employee in a 
civil action brought under Federal or State law.
    ``(9) Nothing in this subsection shall be construed to require any 
State or political subdivision of a State to enter into an agreement 
with the Attorney General under this subsection.
    ``(10) Nothing in this subsection shall be construed to require an 
agreement under this subsection in order for any officer or employee of 
a State or political subdivision of a State--
            ``(A) to communicate with the Attorney General regarding 
        the immigration status of any individual, including reporting 
        knowledge that a particular alien is not lawfully present in 
        the United States; or
            ``(B) otherwise to cooperate with the Attorney General in 
        the identification, apprehension, detention, or removal of 
        aliens not lawfully present in the United States.''.

SEC. 134. MINIMUM STATE INS PRESENCE.

    (a) In General.--Section 103 (8 U.S.C. 1103), as amended by section 
102(e) of this division, is further amended by adding at the end the 
following:
    ``(f) The Attorney General shall allocate to each State not fewer 
than 10 full-time active duty agents of the Immigration and 
Naturalization Service to carry out the functions of the Service, in 
order to ensure the effective enforcement of this Act.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect 90 days after the date of the enactment of this Act.

 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.

    Section 2516(1) of title 18, United States Code, is amended--
            (1) in paragraph (c), by striking ``or section 1992 
        (relating to wrecking trains)'' and inserting ``section 1992 
        (relating to wrecking trains), a felony violation of section 
        1028 (relating to production of false identification 
        documentation), section 1425 (relating to the procurement of 
        citizenship or nationalization unlawfully), section 1426 
        (relating to the reproduction of naturalization or citizenship 
        papers), section 1427 (relating to the sale of naturalization 
        or citizenship papers), section 1541 (relating to passport 
        issuance without authority), section 1542 (relating to false 
        statements in passport applications), section 1543 (relating to 
        forgery or false use of passports), section 1544 (relating to 
        misuse of passports), or section 1546 (relating to fraud and 
        misuse of visas, permits, and other documents)'';
            (2) by striking ``or'' at the end of paragraph (l);
            (3) by redesignating paragraphs (m), (n), and (o) as 
        paragraphs (n), (o), and (p), respectively; and
            (4) by inserting after paragraph (l) the following new 
        paragraph:
            ``(m) a violation of section 274, 277, or 278 of the 
        Immigration and Nationality Act (8 U.S.C. 1324, 1327, or 1328) 
        (relating to the smuggling of aliens);''.

SEC. 202. RACKETEERING OFFENSES RELATING TO ALIEN SMUGGLING.

    Section 1961(1) of title 18, United States Code, as amended by 
section 433 of Public Law 104-132, is amended--
            (1) by striking ``if the act indictable under section 1028 
        was committed for the purpose of financial gain'';
            (2) by inserting ``section 1425 (relating to the 
        procurement of citizenship or nationalization unlawfully), 
        section 1426 (relating to the reproduction of naturalization or 
        citizenship papers), section 1427 (relating to the sale of 
        naturalization or citizenship papers),'' after ``section 1344 
        (relating to financial institution fraud),'';
            (3) by striking ``if the act indictable under section 1542 
        was committed for the purpose of financial gain'';
            (4) by striking ``if the act indictable under section 1543 
        was committed for the purpose of financial gain'';
            (5) by striking ``if the act indictable under section 1544 
        was committed for the purpose of financial gain''; and
            (6) by striking ``if the act indictable under section 1546 
        was committed for the purpose of financial gain''.

SEC. 203. INCREASED CRIMINAL PENALTIES FOR ALIEN SMUGGLING.

    (a) Commercial Advantage.--Section 274(a)(1)(B)(i) (8 U.S.C. 
1324(a)(1)(B)(i)) is amended by inserting ``or in the case of a 
violation of subparagraph (A)(ii), (iii), or (iv) in which the offense 
was done for the purpose of commercial advantage or private financial 
gain'' after ``subparagraph (A)(i)''.
    (b) Additional Offenses.--Section 274(a) (8 U.S.C. 1324(a)) is 
amended--
            (1) in paragraph (1)(A)--
                    (A) by striking ``or'' at the end of clause (iii);
                    (B) by striking the comma at the end of clause (iv) 
                and inserting ``; or''; and
                    (C) by adding at the end the following new clause:
            ``(v)(I) engages in any conspiracy to commit any of the 
        preceding acts, or
            ``(II) aids or abets the commission of any of the preceding 
        acts,'';
            (2) in paragraph (1)(B)--
                    (A) in clause (i), by inserting ``or (v)(I)'' after 
                ``(A)(i)'';
                    (B) in clause (ii), by striking ``or (iv)'' and 
                inserting ``(iv), or (v)(II)'';
                    (C) in clause (iii), by striking ``or (iv)'' and 
                inserting ``(iv), or (v)''; and
                    (D) in clause (iv), by striking ``or (iv)'' and 
                inserting ``(iv), or (v)'';
            (3) in paragraph (2)(B), by striking ``be fined'' and all 
        that follows and inserting the following: ``be fined under 
        title 18, United States Code, and shall be imprisoned, in the 
        case of a first or second violation of subparagraph (B)(iii), 
        not more than 10 years, in the case of a first or second 
        violation of subparagraph (B)(i) or (B)(ii), not less than 3 
        nor more than 10 years, and for any other violation, not less 
        than 5 nor more than 15 years.''; and
            (4) by adding at the end the following new paragraph:
    ``(3)(A) Any person who, during any 12-month period, knowingly 
hires for employment at least 10 individuals with actual knowledge that 
the individuals are aliens described in subparagraph (B) shall be fined 
under title 18, United States Code, or imprisoned for not more than 5 
years, or both.
    ``(B) An alien described in this subparagraph is an alien who--
            ``(i) is an unauthorized alien (as defined in section 
        274A(h)(3)), and
            ``(ii) has been brought into the United States in violation 
        of this subsection.''.
    (c) Smuggling of Aliens Who Will Commit Crimes.--Clause (i) of 
section 274(a)(2)(B) (8 U.S.C. 1324(a)(2)(B)) is amended to read as 
follows:
                    ``(i) an offense committed with the intent or with 
                reason to believe that the alien unlawfully brought 
                into the United States will commit an offense against 
                the United States or any State punishable by 
                imprisonment for more than 1 year,''.
    (d) Applying Certain Penalties on a Per Alien Basis.--Section 
274(a)(2) (8 U.S.C. 1324(a)(2)) is amended by striking ``for each 
transaction constituting a violation of this paragraph, regardless of 
the number of aliens involved'' and inserting ``for each alien in 
respect to whom a violation of this paragraph occurs''.
    (e) Sentencing Guidelines.--
            (1) In general.--Pursuant to its authority under section 
        994(p) of title 28, United States Code, the United States 
        Sentencing Commission shall promulgate sentencing guidelines or 
        amend existing sentencing guidelines for offenders convicted of 
        offenses related to smuggling, transporting, harboring, or 
        inducing aliens in violation of section 274(a) (1)(A) or (2) of 
        the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A), 
        (2)(B)) in accordance with this subsection.
            (2) Requirements.--In carrying out this subsection, the 
        Commission shall, with respect to the offenses described in 
        paragraph (1)--
                    (A) increase the base offense level for such 
                offenses at least 3 offense levels above the applicable 
                level in effect on the date of the enactment of this 
                Act;
                    (B) review the sentencing enhancement for the 
                number of aliens involved (U.S.S.G. 2L1.1(b)(2)), and 
                increase the sentencing enhancement by at least 50 
                percent above the applicable enhancement in effect on 
                the date of the enactment of this Act;
                    (C) impose an appropriate sentencing enhancement 
                upon an offender with 1 prior felony conviction arising 
                out of a separate and prior prosecution for an offense 
                that involved the same or similar underlying conduct as 
                the current offense, to be applied in addition to any 
                sentencing enhancement that would otherwise apply 
                pursuant to the calculation of the defendant's criminal 
                history category;
                    (D) impose an additional appropriate sentencing 
                enhancement upon an offender with 2 or more prior 
                felony convictions arising out of separate and prior 
                prosecutions for offenses that involved the same or 
                similar underling conduct as the current offense, to be 
                applied in addition to any sentencing enhancement that 
                would otherwise apply pursuant to the calculation of 
                the defendant's criminal history category;
                    (E) impose an appropriate sentencing enhancement on 
                a defendant who, in the course of committing an offense 
                described in this subsection--
                            (i) murders or otherwise causes death, 
                        bodily injury, or serious bodily injury to an 
                        individual;
                            (ii) uses or brandishes a firearm or other 
                        dangerous weapon; or
                            (iii) engages in conduct that consciously 
                        or recklessly places another in serious danger 
                        of death or serious bodily injury;
                    (F) consider whether a downward adjustment is 
                appropriate if the offense is a first offense and 
                involves the smuggling only of the alien's spouse or 
                child; and
                    (G) consider whether any other aggravating or 
                mitigating circumstances warrant upward or downward 
                sentencing adjustments.
            (3) Emergency authority to sentencing commission.--The 
        Commission shall promulgate the guidelines or amendments 
        provided for under this subsection as soon as practicable in 
        accordance with the procedure set forth in section 21(a) of the 
        Sentencing Act of 1987, as though the authority under that Act 
        had not expired.
    (f) Effective Date.--This section and the amendments made by this 
section shall apply with respect to offenses occurring on or after the 
date of the enactment of this Act.

SEC. 204. INCREASED NUMBER OF ASSISTANT UNITED STATES ATTORNEYS.

    (a) In General.--The number of Assistant United States Attorneys 
employed by the Department of Justice for the fiscal year 1997 shall be 
increased by at least 25 above the number of Assistant United States 
Attorneys that were authorized to be employed as of September 30, 1996.
    (b) Assignment.--Individuals employed to fill the additional 
positions described in subsection (a) shall prosecute persons who bring 
into the United States or harbor illegal aliens or violate other 
criminal statutes involving illegal aliens.

SEC. 205. UNDERCOVER INVESTIGATION AUTHORITY.

    (a) In General.--Title II is amended by adding at the end the 
following new section:

                  ``undercover investigation authority

    ``Sec. 294. (a) In General.--With respect to any undercover 
investigative operation of the Service which is necessary for the 
detection and prosecution of crimes against the United States--
            ``(1) sums appropriated for the Service may be used for 
        leasing space within the United States and the territories and 
        possessions of the United States without regard to the 
        following provisions of law:
                    ``(A) section 3679(a) of the Revised Statutes (31 
                U.S.C. 1341),
                    ``(B) section 3732(a) of the Revised Statutes (41 
                U.S.C. 11(a)),
                    ``(C) section 305 of the Act of June 30, 1949 (63 
                Stat. 396; 41 U.S.C. 255),
                    ``(D) the third undesignated paragraph under the 
                heading `Miscellaneous' of the Act of March 3, 1877 (19 
                Stat. 370; 40 U.S.C. 34),
                    ``(E) section 3648 of the Revised Statutes (31 
                U.S.C. 3324),
                    ``(F) section 3741 of the Revised Statutes (41 
                U.S.C. 22), and
                    ``(G) subsections (a) and (c) of section 304 of the 
                Federal Property and Administrative Services Act of 
                1949 (63 Stat. 395; 41 U.S.C. 254 (a) and (c));
            ``(2) sums appropriated for the Service may be used to 
        establish or to acquire proprietary corporations or business 
        entities as part of an undercover operation, and to operate 
        such corporations or business entities on a commercial basis, 
        without regard to the provisions of section 304 of the 
        Government Corporation Control Act (31 U.S.C. 9102);
            ``(3) sums appropriated for the Service, and the proceeds 
        from the undercover operation, may be deposited in banks or 
        other financial institutions without regard to the provisions 
        of section 648 of title 18, United States Code, and of section 
        3639 of the Revised Statutes (31 U.S.C. 3302); and
            ``(4) the proceeds from the undercover operation may be 
        used to offset necessary and reasonable expenses incurred in 
        such operation without regard to the provisions of section 3617 
        of the Revised Statutes (31 U.S.C. 3302).
The authority set forth in this subsection may be exercised only upon 
written certification of the Commissioner, in consultation with the 
Deputy Attorney General, that any action authorized by paragraph (1), 
(2), (3), or (4) is necessary for the conduct of the undercover 
operation.
    ``(b) Disposition of Proceeds No Longer Required.--As soon as 
practicable after the proceeds from an undercover investigative 
operation, carried out under paragraphs (3) and (4) of subsection (a), 
are no longer necessary for the conduct of the operation, the proceeds 
or the balance of the proceeds remaining at the time shall be deposited 
into the Treasury of the United States as miscellaneous receipts.
    ``(c) Disposition of Certain Corporations and Business Entities.--
If a corporation or business entity established or acquired as part of 
an undercover operation under paragraph (2) of subsection (a) with a 
net value of over $50,000 is to be liquidated, sold, or otherwise 
disposed of, the Service, as much in advance as the Commissioner or 
Commissioner's designee determines practicable, shall report the 
circumstances to the Attorney General, the Director of the Office of 
Management and Budget, and the Comptroller General. The proceeds of the 
liquidation, sale, or other disposition, after obligations are met, 
shall be deposited in the Treasury of the United States as 
miscellaneous receipts.
    ``(d) Financial Audits.--The Service shall conduct detailed 
financial audits of closed undercover operations on a quarterly basis 
and shall report the results of the audits in writing to the Deputy 
Attorney General.''.
    (b) Clerical Amendment.--The table of contents is amended by 
inserting after the item relating to section 293 the following:

``Sec. 294. Undercover investigation authority.''.

                Subtitle B--Deterrence of Document Fraud

SEC. 211. INCREASED CRIMINAL PENALTIES FOR FRAUDULENT USE OF 
              GOVERNMENT-ISSUED DOCUMENTS.

    (a) Fraud and Misuse of Government-Issued Identification 
Documents.--(1) Section 1028(b) of title 18, United States Code, is 
amended--
            (A) in paragraph (1), by inserting ``except as provided in 
        paragraphs (3) and (4),'' after ``(1)'' and by striking ``five 
        years'' and inserting ``15 years'';
            (B) in paragraph (2), by inserting ``except as provided in 
        paragraphs (3) and (4),'' after ``(2)'' and by striking ``and'' 
        at the end;
            (C) by redesignating paragraph (3) as paragraph (5); and
            (D) by inserting after paragraph (2) the following new 
        paragraphs:
            ``(3) a fine under this title or imprisonment for not more 
        than 20 years, or both, if the offense is committed to 
        facilitate a drug trafficking crime (as defined in section 
        929(a)(2) of this title);
            ``(4) a fine under this title or imprisonment for not more 
        than 25 years, or both, if the offense is committed to 
        facilitate an act of international terrorism (as defined in 
        section 2331(1) of this title); and''.
    (2) Sections 1425 through 1427, sections 1541 through 1544, and 
section 1546(a) of title 18, United States Code, are each amended by 
striking ``imprisoned not more'' and all that follows through ``years'' 
each place it appears and inserting the following: ``imprisoned not 
more than 25 years (if the offense was committed to facilitate an act 
of international terrorism (as defined in section 2331 of this title)), 
20 years (if the offense was committed to facilitate a drug trafficking 
crime (as defined in section 929(a) of this title)), 10 years (in the 
case of the first or second such offense, if the offense was not 
committed to facility such an act of international terrorism or a drug 
trafficking crime), or 15 years (in the case of any other offense)''.
    (b) Changes to the Sentencing Levels.--
            (1) In general.--Pursuant to the Commission's authority 
        under section 994(p) of title 28, United States Code, the 
        United States Sentencing Commission shall promulgate sentencing 
        guidelines or amend existing sentencing guidelines for 
        offenders convicted of violating, or conspiring to violate, 
        sections 1028(b)(1), 1425 through 1427, 1541 through 1544, and 
        1546(a) of title 18, United States Code, in accordance with 
        this subsection.
            (2) Requirements.--In carrying out this subsection, the 
        Commission shall, with respect to the offenses referred to in 
        paragraph (1)--
                    (A) increase the base offense level for such 
                offenses at least 2 offense levels above the level in 
                effect on the date of the enactment of this Act;
                    (B) review the sentencing enhancement for number of 
                documents or passports involved (U.S.S.G. 2L2.1(b)(2)), 
                and increase the upward adjustment by at least 50 
                percent above the applicable enhancement in effect on 
                the date of the enactment of this Act;
                    (C) impose an appropriate sentencing enhancement 
                upon an offender with 1 prior felony conviction arising 
                out of a separate and prior prosecution for an offense 
                that involved the same or similar underlying conduct as 
                the current offense, to be applied in addition to any 
                sentencing enhancement that would otherwise apply 
                pursuant to the calculation of the defendant's criminal 
                history category;
                    (D) impose an additional appropriate sentencing 
                enhancement upon an offender with 2 or more prior 
                felony convictions arising out of separate and prior 
                prosecutions for offenses that involved the same or 
                similar underlying conduct as the current offense, to 
                be applied in addition to any sentencing enhancement 
                that would otherwise apply pursuant to the calculation 
                of the defendant's criminal history category; and
                    (E) consider whether any other aggravating or 
                mitigating circumstances warrant upward or downward 
                sentencing adjustments.
            (3) Emergency authority to sentencing commission.--The 
        Commission shall promulgate the guidelines or amendments 
        provided for under this subsection as soon as practicable in 
        accordance with the procedure set forth in section 21(a) of the 
        Sentencing Act of 1987, as though the authority under that Act 
        had not expired.
    (c) Effective Date.--This section and the amendments made by this 
section shall apply with respect to offenses occurring on or after the 
date of the enactment of this Act.

SEC. 212. NEW DOCUMENT FRAUD OFFENSES; NEW CIVIL PENALTIES FOR DOCUMENT 
              FRAUD.

    (a) Activities Prohibited.--Section 274C(a) (8 U.S.C. 1324c(a)) is 
amended--
            (1) in paragraph (1), by inserting before the comma at the 
        end the following: ``or to obtain a benefit under this Act'';
            (2) in paragraph (2), by inserting before the comma at the 
        end the following: ``or to obtain a benefit under this Act'';
            (3) in paragraph (3)--
                    (A) by inserting ``or with respect to'' after 
                ``issued to'';
                    (B) by adding before the comma at the end the 
                following: ``or obtaining a benefit under this Act''; 
                and
                    (C) by striking ``or'' at the end;
            (4) in paragraph (4)--
                    (A) by inserting ``or with respect to'' after 
                ``issued to'';
                    (B) by adding before the period at the end the 
                following: ``or obtaining a benefit under this Act''; 
                and
                    (C) by striking the period at the end and inserting 
                ``, or''; and
            (5) by adding at the end the following new paragraphs:
            ``(5) to prepare, file, or assist another in preparing or 
        filing, any application for benefits under this Act, or any 
        document required under this Act, or any document submitted in 
        connection with such application or document, with knowledge or 
        in reckless disregard of the fact that such application or 
        document was falsely made or, in whole or in part, does not 
        relate to the person on whose behalf it was or is being 
        submitted, or
            ``(6)(A) to present before boarding a common carrier for 
        the purpose of coming to the United States a document which 
        relates to the alien's eligibility to enter the United States, 
        and (B) to fail to present such document to an immigration 
        officer upon arrival at a United States port of entry.''.
    (b) Definition of Falsely Make.--Section 274C (8 U.S.C. 1324c), as 
amended by section 213 of this division, is further amended by adding 
at the end the following new subsection:
    ``(f) Falsely Make.--For purposes of this section, the term 
`falsely make' means to prepare or provide an application or document, 
with knowledge or in reckless disregard of the fact that the 
application or document contains a false, fictitious, or fraudulent 
statement or material representation, or has no basis in law or fact, 
or otherwise fails to state a fact which is material to the purpose for 
which it was submitted.''.
    (c) Conforming Amendment.--Section 274C(d)(3) (8 U.S.C. 
1324c(d)(3)) is amended by striking ``each document used, accepted, or 
created and each instance of use, acceptance, or creation'' each place 
it appears and inserting ``each document that is the subject of a 
violation under subsection (a)''.
    (d) Waiver by Attorney General.--Section 274C(d) (8 U.S.C. 
1324c(d)) is amended by adding at the end the following new paragraph:
            ``(7) Waiver by attorney general.--The Attorney General may 
        waive the penalties imposed by this section with respect to an 
        alien who knowingly violates subsection (a)(6) if the alien is 
        granted asylum under section 208 or withholding of deportation 
        under section 243(h).''.
    (e) Effective Date.--Section 274C(f) of the Immigration and 
Nationality Act, as added by subsection (b), applies to the preparation 
of applications before, on, or after the date of the enactment of this 
Act.

SEC. 213. NEW CRIMINAL PENALTIES FOR FAILURE TO DISCLOSE ROLE AS 
              PREPARER OF FALSE APPLICATION FOR IMMIGRATION BENEFITS.

    Section 274C (8 U.S.C. 1324c) is amended by adding at the end the 
following new subsection:
    ``(e) Criminal Penalties for Failure To Disclose Role as Document 
Preparer.--(1) Whoever, in any matter within the jurisdiction of the 
Service, knowingly and willfully fails to disclose, conceals, or covers 
up the fact that they have, on behalf of any person and for a fee or 
other remuneration, prepared or assisted in preparing an application 
which was falsely made (as defined in subsection (f)) for immigration 
benefits, shall be fined in accordance with title 18, United States 
Code, imprisoned for not more than 5 years, or both, and prohibited 
from preparing or assisting in preparing, whether or not for a fee or 
other remuneration, any other such application.
    ``(2) Whoever, having been convicted of a violation of paragraph 
(1), knowingly and willfully prepares or assists in preparing an 
application for immigration benefits pursuant to this Act, or the 
regulations promulgated thereunder, whether or not for a fee or other 
remuneration and regardless of whether in any matter within the 
jurisdiction of the Service, shall be fined in accordance with title 
18, United States Code, imprisoned for not more than 15 years, or both, 
and prohibited from preparing or assisting in preparing any other such 
application.''.

SEC. 214. CRIMINAL PENALTY FOR KNOWINGLY PRESENTING DOCUMENT WHICH 
              FAILS TO CONTAIN REASONABLE BASIS IN LAW OR FACT.

    The fourth paragraph of section 1546(a) of title 18, United States 
Code, is amended by striking ``containing any such false statement'' 
and inserting ``which contains any such false statement or which fails 
to contain any reasonable basis in law or fact''.

SEC. 215. CRIMINAL PENALTY FOR FALSE CLAIM TO CITIZENSHIP.

    Section 1015 of title 18, United States Code, is amended--
            (1) by striking the dash at the end of paragraph (d) and 
        inserting ``; or'', and
            (2) by inserting after paragraph (d) the following:
    ``(e) Whoever knowingly makes any false statement or claim that he 
is, or at any time has been, a citizen or national of the United 
States, with the intent to obtain on behalf of himself, or any other 
person, any Federal or State benefit or service, or to engage 
unlawfully in employment in the United States; or
    ``(f) Whoever knowingly makes any false statement or claim that he 
is a citizen of the United States in order to register to vote or to 
vote in any Federal, State, or local election (including an initiative, 
recall, or referendum)--''.

SEC. 216. CRIMINAL PENALTY FOR VOTING BY ALIENS IN FEDERAL ELECTION.

    (a) In General.--Title 18, United States Code, is amended by 
inserting after section 610 the following:
``Sec. 611. Voting by aliens
    ``(a) It shall be unlawful for any alien to vote in any election 
held solely or in part for the purpose of electing a candidate for the 
office of President, Vice President, Presidential elector, Member of 
the Senate, Member of the House of Representatives, Delegate from the 
District of Columbia, or Resident Commissioner, unless--
            ``(1) the election is held partly for some other purpose;
            ``(2) aliens are authorized to vote for such other purpose 
        under a State constitution or statute or a local ordinance; and
            ``(3) voting for such other purpose is conducted 
        independently of voting for a candidate for such Federal 
        offices, in such a manner that an alien has the opportunity to 
        vote for such other purpose, but not an opportunity to vote for 
        a candidate for any one or more of such Federal offices.
    ``(b) Any person who violates this section shall be fined under 
this title, imprisoned not more than one year, or both.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 29 of title 18, United States Code, is amended by inserting 
after the item relating to section 610 the following new item:

``611. Voting by aliens.''.

SEC. 217. CRIMINAL FORFEITURE FOR PASSPORT AND VISA RELATED OFFENSES.

    Section 982(a) of title 18, United States Code, is amended by 
inserting after paragraph (5) the following new paragraph:
    ``(6)(A) The court, in imposing sentence on a person convicted of a 
violation of, or conspiracy to violate, section 1425, 1426, 1427, 1541, 
1542, 1543, 1544, or 1546 of this title, or a violation of, or 
conspiracy to violate, section 1028 of this title if committed in 
connection with passport or visa issuance or use, shall order that the 
person forfeit to the United States, regardless of any provision of 
State law--
            ``(i) any conveyance, including any vessel, vehicle, or 
        aircraft used in the commission of a violation of, or a 
        conspiracy to violate, subsection (a); and
            ``(ii) any property real or personal--
                    ``(I) that constitutes, or is derived from or is 
                traceable to the proceeds obtained directly or 
                indirectly from the commission of a violation of, or a 
                conspiracy to violate, subsection (a), section 
                274A(a)(1) or 274A(a)(2) of the Immigration and 
                Nationality Act, or section 1028, 1425, 1426, 1427, 
                1541, 1542, 1543, 1544, or 1546 of this title; or
                    ``(II) that is used to facilitate, or is intended 
                to be used to facilitate, the commission of a violation 
                of, or a conspiracy to violate, subsection (a), section 
                274A(a)(1) or 274A(a)(2) of the Immigration and 
                Nationality Act, or section 1028, 1425, 1426, 1427, 
                1541, 1542, 1543, 1544, or 1546 of this title.
The court, in imposing sentence on such person, shall order that the 
person forfeit to the United States all property described in this 
subparagraph.
    ``(B) The criminal forfeiture of property under subparagraph (A), 
including any seizure and disposition of the property and any related 
administrative or judicial proceeding, shall be governed by the 
provisions of section 413 of the Comprehensive Drug Abuse Prevention 
and Control Act of 1970 (21 U.S.C. 853), other than subsections (a) and 
(d) of such section 413.''.

SEC. 218. CRIMINAL PENALTIES FOR INVOLUNTARY SERVITUDE.

    (a) Amendments to Title 18.--Sections 1581, 1583, 1584, and 1588 of 
title 18, United States Code, are amended by striking ``five'' each 
place it appears and inserting ``10''.
    (b) Review of Sentencing Guidelines.--The United States Sentencing 
Commission shall ascertain whether there exists an unwarranted 
disparity--
            (1) between the sentences for peonage, involuntary 
        servitude, and slave trade offenses, and the sentences for 
        kidnapping offenses in effect on the date of the enactment of 
        this Act; and
            (2) between the sentences for peonage, involuntary 
        servitude, and slave trade offenses, and the sentences for 
        alien smuggling offenses in effect on the date of the enactment 
        of this Act and after the amendment made by subsection (a).
    (c) Amendment of Sentencing Guidelines.--
            (1) In general.--Pursuant to its authority under section 
        994(p) of title 28, United States Code, the United States 
        Sentencing Commission shall review its guidelines on sentencing 
        for peonage, involuntary servitude, and slave trade offenses 
        under sections 1581 through 1588 of title 18, United States 
        Code, and shall amend such guidelines as necessary to--
                    (A) reduce or eliminate any unwarranted disparity 
                found under subsection (b) that exists between the 
                sentences for peonage, involuntary servitude, and slave 
                trade offenses, and the sentences for kidnapping 
                offenses and alien smuggling offenses;
                    (B) ensure that the applicable guidelines for 
                defendants convicted of peonage, involuntary servitude, 
                and slave trade offenses are sufficiently stringent to 
                deter such offenses and adequately reflect the heinous 
                nature of such offenses; and
                    (C) ensure that the guidelines reflect the general 
                appropriateness of enhanced sentences for defendants 
                whose peonage, involuntary servitude, or slave trade 
                offenses involve--
                            (i) a large number of victims;
                            (ii) the use or threatened use of a 
                        dangerous weapon; or
                            (iii) a prolonged period of peonage or 
                        involuntary servitude.
            (2) Emergency authority to sentencing commission.--The 
        Commission shall promulgate the guidelines or amendments 
        provided for under this subsection as soon as practicable in 
        accordance with the procedure set forth in section 21(a) of the 
        Sentencing Act of 1987, as though the authority under that Act 
        had not expired.
    (d) Effective Date.--This section and the amendments made by this 
section shall apply with respect to offenses occurring on or after the 
date of the enactment of this Act.

SEC. 219. ADMISSIBILITY OF VIDEOTAPED WITNESS TESTIMONY.

    Section 274 (8 U.S.C. 1324) is amended by adding at the end thereof 
the following new subsection:
    ``(d) Notwithstanding any provision of the Federal Rules of 
Evidence, the videotaped (or otherwise audiovisually preserved) 
deposition of a witness to a violation of subsection (a) who has been 
deported or otherwise expelled from the United States, or is otherwise 
unable to testify, may be admitted into evidence in an action brought 
for that violation if the witness was available for cross examination 
and the deposition otherwise complies with the Federal Rules of 
Evidence.''.

SEC. 220. SUBPOENA AUTHORITY IN DOCUMENT FRAUD ENFORCEMENT.

    Section 274C(d)(1) (8 U.S.C. 1324c(d)(1)) is amended--
            (1) by striking ``and'' at the end of subparagraph (A);
            (2) by striking the period at the end of subparagraph (B) 
        and inserting ``, and''; and
            (3) by inserting after subparagraph (B) the following:
                    ``(C) immigration officers designated by the 
                Commissioner may compel by subpoena the attendance of 
                witnesses and the production of evidence at any 
                designated place prior to the filing of a complaint in 
                a case under paragraph (2).''.

   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.

    (a) ``Admission'' Defined.--Paragraph (13) of section 101(a) (8 
U.S.C. 1101(a)) is amended to read as follows:
    ``(13)(A) The terms `admission' and `admitted' mean, with respect 
to an alien, the lawful entry of the alien into the United States after 
inspection and authorization by an immigration officer.
    ``(B) An alien who is paroled under section 212(d)(5) or permitted 
to land temporarily as an alien crewman shall not be considered to have 
been admitted.
    ``(C) An alien lawfully admitted for permanent residence in the 
United States shall not be regarded as seeking an admission into the 
United States for purposes of the immigration laws unless the alien--
            ``(i) has abandoned or relinquished that status,
            ``(ii) has been absent from the United States for a 
        continuous period in excess of 180 days,
            ``(iii) has engaged in illegal activity after having 
        departed the United States,
            ``(iv) has departed from the United States while under 
        legal process seeking removal of the alien from the United 
        States, including removal proceedings under this Act and 
        extradition proceedings,
            ``(v) has committed an offense identified in section 
        212(a)(2), unless since such offense the alien has been granted 
        relief under section 212(h) or 240A(a), or
            ``(vi) is attempting to enter at a time or place other than 
        as designated by immigration officers or has not been admitted 
        to the United States after inspection and authorization by an 
        immigration officer.''.
    (b) Inadmissibility of Aliens Previously Removed and Unlawfully 
Present.--
            (1) In general.--Section 212(a) (8 U.S.C. 1182(a)) is 
        amended by redesignating paragraph (9) as paragraph (10) and by 
        inserting after paragraph (8) the following new paragraph:
            ``(9) Aliens previously removed.--
                    ``(A) Certain aliens previously removed.--
                            ``(i) Arriving aliens.--Any alien who has 
                        been ordered removed under section 235(b)(1) or 
                        at the end of proceedings under section 240 
                        initiated upon the alien's arrival in the 
                        United States and who again seeks admission 
                        within 5 years of the date of such removal (or 
                        within 20 years in the case of a second or 
                        subsequent removal or at any time in the case 
                        of an alien convicted of an aggravated felony) 
                        is inadmissible.
                            ``(ii) Other aliens.--Any alien not 
                        described in clause (i) who--
                                    ``(I) has been ordered removed 
                                under section 240 or any other 
                                provision of law, or
                                    ``(II) departed the United States 
                                while an order of removal was 
                                outstanding,
                        and who seeks admission within 10 years of the 
                        date of such alien's departure or removal (or 
                        within 20 years of such date in the case of a 
                        second or subsequent removal or at any time in 
                        the case of an alien convicted of an aggravated 
                        felony) is inadmissible.
                            ``(iii) Exception.--Clauses (i) and (ii) 
                        shall not apply to an alien seeking admission 
                        within a period if, prior to the date of the 
                        alien's reembarkation at a place outside the 
                        United States or attempt to be admitted from 
                        foreign contiguous territory, the Attorney 
                        General has consented to the alien's reapplying 
                        for admission.
                    ``(B) Aliens unlawfully present.--
                            ``(i) In general.--Any alien (other than an 
                        alien lawfully admitted for permanent 
                        residence) who--
                                    ``(I) was unlawfully present in the 
                                United States for a period of more than 
                                180 days but less than 1 year, 
                                voluntarily departed the United States 
                                (whether or not pursuant to section 
                                244(e)) prior to the commencement of 
                                proceedings under section 235(b)(1) or 
                                section 240, and again seeks admission 
                                within 3 years of the date of such 
                                alien's departure or removal, or
                                    ``(II) has been unlawfully present 
                                in the United States for one year or 
                                more, and who again seeks admission 
                                within 10 years of the date of such 
                                alien's departure or removal from the 
                                United States,
                        is inadmissible.
                            ``(ii) Construction of unlawful presence.--
                        For purposes of this paragraph, an alien is 
                        deemed to be unlawfully present in the United 
                        States if the alien is present in the United 
                        States after the expiration of the period of 
                        stay authorized by the Attorney General or is 
                        present in the United States without being 
                        admitted or paroled.
                            ``(iii) Exceptions.--
                                    ``(I) Minors.--No period of time in 
                                which an alien is under 18 years of age 
                                shall be taken into account in 
                                determining the period of unlawful 
                                presence in the United States under 
                                clause (i).
                                    ``(II) Asylees.--No period of time 
                                in which an alien has a bona fide 
                                application for asylum pending under 
                                section 208 shall be taken into account 
                                in determining the period of unlawful 
                                presence in the United States under 
                                clause (i) unless the alien during such 
                                period was employed without 
                                authorization in the United States.
                                    ``(III) Family unity.--No period of 
                                time in which the alien is a 
                                beneficiary of family unity protection 
                                pursuant to section 301 of the 
                                Immigration Act of 1990 shall be taken 
                                into account in determining the period 
                                of unlawful presence in the United 
                                States under clause (i).
                                    ``(IV) Battered women and 
                                children.--Clause (i) shall not apply 
                                to an alien who would be described in 
                                paragraph (6)(A)(ii) if `violation of 
                                the terms of the alien's nonimmigrant 
                                visa' were substituted for `unlawful 
                                entry into the United States' in 
                                subclause (III) of that paragraph.
                            ``(iv) Tolling for good cause.--In the case 
                        of an alien who--
                                    ``(I) has been lawfully admitted or 
                                paroled into the United States,
                                    ``(II) has filed a nonfrivolous 
                                application for a change or extension 
                                of status before the date of expiration 
                                of the period of stay authorized by the 
                                Attorney General, and
                                    ``(III) has not been employed 
                                without authorization in the United 
                                States before or during the pendency of 
                                such application,
                        the calculation of the period of time specified 
                        in clause (i)(I) shall be tolled during the 
                        pendency of such application, but not to exceed 
                        120 days.
                            ``(v) Waiver.--The Attorney General has 
                        sole discretion to waive clause (i) in the case 
                        of an immigrant who is the spouse or son or 
                        daughter of a United States citizen or of an 
                        alien lawfully admitted for permanent 
                        residence, if it is established to the 
                        satisfaction of the Attorney General that the 
                        refusal of admission to such immigrant alien 
                        would result in extreme hardship to the citizen 
                        or lawfully resident spouse or parent of such 
                        alien. No court shall have jurisdiction to 
                        review a decision or action by the Attorney 
                        General regarding a waiver under this clause.
                    ``(C) Aliens unlawfully present after previous 
                immigration violations.--
                            ``(i) In general.--Any alien who--
                                    ``(I) has been unlawfully present 
                                in the United States for an aggregate 
                                period of more than 1 year, or
                                    ``(II) has been ordered removed 
                                under section 235(b)(1), section 240, 
                                or any other provision of law,
                        and who enters or attempts to reenter the 
                        United States without being admitted is 
                        inadmissible.
                            ``(ii) Exception.--Clause (i) shall not 
                        apply to an alien seeking admission more than 
                        10 years after the date of the alien's last 
                        departure from the United States if, prior to 
                        the alien's reembarkation at a place outside 
                        the United States or attempt to be readmitted 
                        from a foreign contiguous territory, the 
                        Attorney General has consented to the alien's 
                        reapplying for admission.''.
            (2) Limitation on change of status.--Section 248 (8 U.S.C. 
        1258) is amended by inserting ``and who is not inadmissible 
        under section 212(a)(9)(B)(i) (or whose inadmissibility under 
        such section is waived under section 212(a)(9)(B)(v))'' after 
        ``maintain that status''.
            (3) Treatment of unlawful presence before effective date.--
        In applying section 212(a)(9)(B) of the Immigration and 
        Nationality Act, as inserted by paragraph (1), no period before 
        the title III-A effective date shall be included in a period of 
        unlawful presence in the United States.
    (c) Revision to Ground of Inadmissibility for Illegal Entrants and 
Immigration Violators.--
            (1) In general.--Subparagraphs (A) and (B) of section 
        212(a)(6) (8 U.S.C. 1182(a)(6)) are amended to read as follows:
                    ``(A) Aliens present without admission or parole.--
                            ``(i) In general.--An alien present in the 
                        United States without being admitted or 
                        paroled, or who arrives in the United States at 
                        any time or place other than as designated by 
                        the Attorney General, is inadmissible.
                            ``(ii) Exception for certain battered women 
                        and children.--Clause (i) shall not apply to an 
                        alien who demonstrates that--
                                    ``(I) the alien qualifies for 
                                immigrant status under subparagraph 
                                (A)(iii), (A)(iv), (B)(ii), or (B)(iii) 
                                of section 204(a)(1),
                                    ``(II)(a) the alien has been 
                                battered or subjected to extreme 
                                cruelty by a spouse or parent, or by a 
                                member of the spouse's or parent's 
                                family residing in the same household 
                                as the alien and the spouse or parent 
                                consented or acquiesced to such battery 
                                or cruelty, or (b) the alien's child 
                                has been battered or subjected to 
                                extreme cruelty by a spouse or parent 
                                of the alien (without the active 
                                participation of the alien in the 
                                battery or cruelty) or by a member of 
                                the spouse's or parent's family 
                                residing in the same household as the 
                                alien when the spouse or parent 
                                consented to or acquiesced in such 
                                battery or cruelty and the alien did 
                                not actively participate in such 
                                battery or cruelty, and
                                    ``(III) there was a substantial 
                                connection between the battery or 
                                cruelty described in subclause (I) or 
                                (II) and the alien's unlawful entry 
                                into the United States.
                    ``(B) Failure to attend removal proceeding.--Any 
                alien who without reasonable cause fails or refuses to 
                attend or remain in attendance at a proceeding to 
                determine the alien's inadmissibility or deportability 
                and who seeks admission to the United States within 5 
                years of such alien's subsequent departure or removal 
                is inadmissible. ''.
            (2) Transition for battered spouse or child provision.--The 
        requirements of subclauses (II) and (III) of section 
        212(a)(6)(A)(ii) of the Immigration and Nationality Act, as 
        inserted by paragraph (1), shall not apply to an alien who 
        demonstrates that the alien first arrived in the United States 
        before the title III-A effective date (described in section 
        309(a) of this division).
    (d) Adjustment in Grounds for Deportation.--Section 241 (8 U.S.C. 
1251), before redesignation as section 237 by section 305(a)(2) of this 
division, is amended--
            (1) in the matter before paragraph (1) of subsection (a), 
        by striking ``in the United States'' and inserting ``in and 
        admitted to the United States'';
            (2) in subsection (a)(1), by striking ``Excludable'' each 
        place it appears and inserting ``Inadmissible'';
            (3) in subsection (a)(1)(A), by striking ``excludable'' and 
        inserting ``inadmissible''; and
            (4) by amending subparagraph (B) of subsection (a)(1) to 
        read as follows:
                    ``(B) Present in violation of law.--Any alien who 
                is present in the United States in violation of this 
                Act or any other law of the United States is 
                deportable.

SEC. 302. INSPECTION OF ALIENS; EXPEDITED REMOVAL OF INADMISSIBLE 
              ARRIVING ALIENS; REFERRAL FOR HEARING (REVISED SECTION 
              235).

    (a) In General.--Section 235 (8 U.S.C. 1225) is amended to read as 
follows:

``inspection by immigration officers; expedited removal of inadmissible 
                 arriving aliens; referral for hearing

    ``Sec. 235. (a) Inspection.--
            ``(1) Aliens treated as applicants for admission.--An alien 
        present in the United States who has not been admitted or who 
        arrives in the United States (whether or not at a designated 
        port of arrival and including an alien who is brought to the 
        United States after having been interdicted in international or 
        United States waters) shall be deemed for purposes of this Act 
        an applicant for admission.
            ``(2) Stowaways.--An arriving alien who is a stowaway is 
        not eligible to apply for admission or to be admitted and shall 
        be ordered removed upon inspection by an immigration officer. 
        Upon such inspection if the alien indicates an intention to 
        apply for asylum under section 208 or a fear of persecution, 
        the officer shall refer the alien for an interview under 
        subsection (b)(1)(B). A stowaway may apply for asylum only if 
        the stowaway is found to have a credible fear of persecution 
        under subsection (b)(1)(B). In no case may a stowaway be 
        considered an applicant for admission or eligible for a hearing 
        under section 240.
            ``(3) Inspection.--All aliens (including alien crewmen) who 
        are applicants for admission or otherwise seeking admission or 
        readmission to or transit through the United States shall be 
        inspected by immigration officers.
            ``(4) Withdrawal of application for admission.--An alien 
        applying for admission may, in the discretion of the Attorney 
        General and at any time, be permitted to withdraw the 
        application for admission and depart immediately from the 
        United States.
            ``(5) Statements.--An applicant for admission may be 
        required to state under oath any information sought by an 
        immigration officer regarding the purposes and intentions of 
        the applicant in seeking admission to the United States, 
        including the applicant's intended length of stay and whether 
        the applicant intends to remain permanently or become a United 
        States citizen, and whether the applicant is inadmissible.
    ``(b) Inspection of Applicants for Admission.--
            ``(1) Inspection of aliens arriving in the united states 
        and certain other aliens who have not been admitted or 
        paroled.--
                    ``(A) Screening.--
                            ``(i) In general.--If an immigration 
                        officer determines that an alien (other than an 
                        alien described in subparagraph (F)) who is 
                        arriving in the United States or is described 
                        in clause (iii) is inadmissible under section 
                        212(a)(6)(C) or 212(a)(7), the officer shall 
                        order the alien removed from the United States 
                        without further hearing or review unless the 
                        alien indicates either an intention to apply 
                        for asylum under section 208 or a fear of 
                        persecution.
                            ``(ii) Claims for asylum.--If an 
                        immigration officer determines that an alien 
                        (other than an alien described in subparagraph 
                        (F)) who is arriving in the United States or is 
                        described in clause (iii) is inadmissible under 
                        section 212(a)(6)(C) or 212(a)(7) and the alien 
                        indicates either an intention to apply for 
                        asylum under section 208 or a fear of 
                        persecution, the officer shall refer the alien 
                        for an interview by an asylum officer under 
                        subparagraph (B).
                            ``(iii) Application to certain other 
                        aliens.--
                                    ``(I) In general.--The Attorney 
                                General may apply clauses (i) and (ii) 
                                of this subparagraph to any or all 
                                aliens described in subclause (II) as 
                                designated by the Attorney General. 
                                Such designation shall be in the sole 
                                and unreviewable discretion of the 
                                Attorney General and may be modified at 
                                any time.
                                    ``(II) Aliens described.--An alien 
                                described in this clause is an alien 
                                who is not described in subparagraph 
                                (F), who has not been admitted or 
                                paroled into the United States, and who 
                                has not affirmatively shown, to the 
                                satisfaction of an immigration officer, 
                                that the alien has been physically 
                                present in the United States 
                                continuously for the 2-year period 
                                immediately prior to the date of the 
                                determination of inadmissibility under 
                                this subparagraph.
                    ``(B) Asylum interviews.--
                            ``(i) Conduct by asylum officers.--An 
                        asylum officer shall conduct interviews of 
                        aliens referred under subparagraph (A)(ii), 
                        either at a port of entry or at such other 
                        place designated by the Attorney General.
                            ``(ii) Referral of certain aliens.--If the 
                        officer determines at the time of the interview 
                        that an alien has a credible fear of 
                        persecution (within the meaning of clause (v)), 
                        the alien shall be detained for further 
                        consideration of the application for asylum.
                            ``(iii) Removal without further review if 
                        no credible fear of persecution.--
                                    ``(I) In general.--Subject to 
                                subclause (III), if the officer 
                                determines that an alien does not have 
                                a credible fear of persecution, the 
                                officer shall order the alien removed 
                                from the United States without further 
                                hearing or review.
                                    ``(II) Record of determination.--
                                The officer shall prepare a written 
                                record of a determination under 
                                subclause (I). Such record shall 
                                include a summary of the material facts 
                                as stated by the applicant, such 
                                additional facts (if any) relied upon 
                                by the officer, and the officer's 
                                analysis of why, in the light of such 
                                facts, the alien has not established a 
                                credible fear of persecution. A copy of 
                                the officer's interview notes shall be 
                                attached to the written summary.
                                    ``(III) Review of determination.--
                                The Attorney General shall provide by 
                                regulation and upon the alien's request 
                                for prompt review by an immigration 
                                judge of a determination under 
                                subclause (I) that the alien does not 
                                have a credible fear of persecution. 
                                Such review shall include an 
                                opportunity for the alien to be heard 
                                and questioned by the immigration 
                                judge, either in person or by 
                                telephonic or video connection. Review 
                                shall be concluded as expeditiously as 
                                possible, to the maximum extent 
                                practicable within 24 hours, but in no 
                                case later than 7 days after the date 
                                of the determination under subclause 
                                (I).
                                    ``(IV) Mandatory detention.--Any 
                                alien subject to the procedures under 
                                this clause shall be detained pending a 
                                final determination of credible fear of 
                                persecution and, if found not to have 
                                such a fear, until removed.
                            ``(iv) Information about interviews.--The 
                        Attorney General shall provide information 
                        concerning the asylum interview described in 
                        this subparagraph to aliens who may be 
                        eligible. An alien who is eligible for such 
                        interview may consult with a person or persons 
                        of the alien's choosing prior to the interview 
                        or any review thereof, according to regulations 
                        prescribed by the Attorney General. Such 
                        consultation shall be at no expense to the 
                        Government and shall not unreasonably delay the 
                        process.
                            ``(v) Credible fear of persecution 
                        defined.--For purposes of this subparagraph, 
                        the term `credible fear of persecution' means 
                        that there is a significant possibility, taking 
                        into account the credibility of the statements 
                        made by the alien in support of the alien's 
                        claim and such other facts as are known to the 
                        officer, that the alien could establish 
                        eligibility for asylum under section 208.
                    ``(C) Limitation on administrative review.--Except 
                as provided in subparagraph (B)(iii)(III), a removal 
                order entered in accordance with subparagraph (A)(i) or 
                (B)(iii)(I) is not subject to administrative appeal, 
                except that the Attorney General shall provide by 
                regulation for prompt review of such an order under 
                subparagraph (A)(i) against an alien who claims under 
                oath, or as permitted under penalty of perjury under 
                section 1746 of title 28, United States Code, after 
                having been warned of the penalties for falsely making 
                such claim under such conditions, to have been lawfully 
                admitted for permanent residence, to have been admitted 
                as a refugee under section 207, or to have been granted 
                asylum under section 208.
                    ``(D) Limit on collateral attacks.--In any action 
                brought against an alien under section 275(a) or 
                section 276, the court shall not have jurisdiction to 
                hear any claim attacking the validity of an order of 
                removal entered under subparagraph (A)(i) or (B)(iii).
                    ``(E) Asylum officer defined.--As used in this 
                paragraph, the term `asylum officer' means an 
                immigration officer who--
                            ``(i) has had professional training in 
                        country conditions, asylum law, and interview 
                        techniques comparable to that provided to full-
                        time adjudicators of applications under section 
                        208, and
                            ``(ii) is supervised by an officer who 
                        meets the condition described in clause (i) and 
                        has had substantial experience adjudicating 
                        asylum applications.
                    ``(F) Exception.--Subparagraph (A) shall not apply 
                to an alien who is a native or citizen of a country in 
                the Western Hemisphere with whose government the United 
                States does not have full diplomatic relations and who 
                arrives by aircraft at a port of entry.
            ``(2) Inspection of other aliens.--
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C), in the case of an alien who is an applicant for 
                admission, if the examining immigration officer 
                determines that an alien seeking admission is not 
                clearly and beyond a doubt entitled to be admitted, the 
                alien shall be detained for a proceeding under section 
                240.
                    ``(B) Exception.--Subparagraph (A) shall not apply 
                to an alien--
                            ``(i) who is a crewman,
                            ``(ii) to whom paragraph (1) applies, or
                            ``(iii) who is a stowaway.
                    ``(C) Treatment of aliens arriving from contiguous 
                territory.--In the case of an alien described in 
                subparagraph (A) who is arriving on land (whether or 
                not at a designated port of arrival) from a foreign 
                territory contiguous to the United States, the Attorney 
                General may return the alien to that territory pending 
                a proceeding under section 240.
            ``(3) Challenge of decision.--The decision of the examining 
        immigration officer, if favorable to the admission of any 
        alien, shall be subject to challenge by any other immigration 
        officer and such challenge shall operate to take the alien 
        whose privilege to be admitted is so challenged, before an 
        immigration judge for a proceeding under section 240.
    ``(c) Removal of Aliens Inadmissible on Security and Related 
Grounds.--
            ``(1) Removal without further hearing.--If an immigration 
        officer or an immigration judge suspects that an arriving alien 
        may be inadmissible under subparagraph (A) (other than clause 
        (ii)), (B), or (C) of section 212(a)(3), the officer or judge 
        shall--
                    ``(A) order the alien removed, subject to review 
                under paragraph (2);
                    ``(B) report the order of removal to the Attorney 
                General; and
                    ``(C) not conduct any further inquiry or hearing 
                until ordered by the Attorney General.
            ``(2) Review of order.--(A) The Attorney General shall 
        review orders issued under paragraph (1).
            ``(B) If the Attorney General--
                    ``(i) is satisfied on the basis of confidential 
                information that the alien is inadmissible under 
                subparagraph (A) (other than clause (ii)), (B), or (C) 
                of section 212(a)(3), and
                    ``(ii) after consulting with appropriate security 
                agencies of the United States Government, concludes 
                that disclosure of the information would be prejudicial 
                to the public interest, safety, or security,
        the Attorney General may order the alien removed without 
        further inquiry or hearing by an immigration judge.
            ``(C) If the Attorney General does not order the removal of 
        the alien under subparagraph (B), the Attorney General shall 
        specify the further inquiry or hearing that shall be conducted 
        in the case.
            ``(3) Submission of statement and information.--The alien 
        or the alien's representative may submit a written statement 
        and additional information for consideration by the Attorney 
        General.
    ``(d) Authority Relating to Inspections.--
            ``(1) Authority to search conveyances.--Immigration 
        officers are authorized to board and search any vessel, 
        aircraft, railway car, or other conveyance or vehicle in which 
        they believe aliens are being brought into the United States.
            ``(2) Authority to order detention and delivery of arriving 
        aliens.--Immigration officers are authorized to order an owner, 
        agent, master, commanding officer, person in charge, purser, or 
        consignee of a vessel or aircraft bringing an alien (except an 
        alien crewmember) to the United States--
                    ``(A) to detain the alien on the vessel or at the 
                airport of arrival, and
                    ``(B) to deliver the alien to an immigration 
                officer for inspection or to a medical officer for 
                examination.
            ``(3) Administration of oath and consideration of 
        evidence.--The Attorney General and any immigration officer 
        shall have power to administer oaths and to take and consider 
        evidence of or from any person touching the privilege of any 
        alien or person he believes or suspects to be an alien to 
        enter, reenter, transit through, or reside in the United States 
        or concerning any matter which is material and relevant to the 
        enforcement of this Act and the administration of the Service.
            ``(4) Subpoena authority.--(A) The Attorney General and any 
        immigration officer shall have power to require by subpoena the 
        attendance and testimony of witnesses before immigration 
        officers and the production of books, papers, and documents 
        relating to the privilege of any person to enter, reenter, 
        reside in, or pass through the United States or concerning any 
        matter which is material and relevant to the enforcement of 
        this Act and the administration of the Service, and to that end 
        may invoke the aid of any court of the United States.
            ``(B) Any United States district court within the 
        jurisdiction of which investigations or inquiries are being 
        conducted by an immigration officer may, in the event of 
        neglect or refusal to respond to a subpoena issued under this 
        paragraph or refusal to testify before an immigration officer, 
        issue an order requiring such persons to appear before an 
        immigration officer, produce books, papers, and documents if 
        demanded, and testify, and any failure to obey such order of 
        the court may be punished by the court as a contempt 
        thereof.''.
    (b) GAO Study on Operation of Expedited Removal Procedures.--
            (1) Study.--The Comptroller General shall conduct a study 
        on the implementation of the expedited removal procedures under 
        section 235(b)(1) of the Immigration and Nationality Act, as 
        amended by subsection (a). The study shall examine--
                    (A) the effectiveness of such procedures in 
                deterring illegal entry,
                    (B) the detention and adjudication resources saved 
                as a result of the procedures,
                    (C) the administrative and other costs expended to 
                comply with the provision,
                    (D) the effectiveness of such procedures in 
                processing asylum claims by undocumented aliens who 
                assert a fear of persecution, including the accuracy of 
                credible fear determinations, and
                    (E) the cooperation of other countries and air 
                carriers in accepting and returning aliens removed 
                under such procedures.
            (2) Report.--By not later than 18 months after the date of 
        the enactment of this Act, the Comptroller General shall submit 
        to the Committees on the Judiciary of the House of 
        Representatives and the Senate a report on the study conducted 
        under paragraph (1).

SEC. 303. APPREHENSION AND DETENTION OF ALIENS (REVISED SECTION 236).

    (a) In General.--Section 236 (8 U.S.C. 1226) is amended to read as 
follows:

                 ``apprehension and detention of aliens

    ``Sec. 236. (a) Arrest, Detention, and Release.--On a warrant 
issued by the Attorney General, an alien may be arrested and detained 
pending a decision on whether the alien is to be removed from the 
United States. Except as provided in subsection (c) and pending such 
decision, the Attorney General--
            ``(1) may continue to detain the arrested alien; and
            ``(2) may release the alien on--
                    ``(A) bond of at least $1,500 with security 
                approved by, and containing conditions prescribed by, 
                the Attorney General; or
                    ``(B) conditional parole; but
            ``(3) may not provide the alien with work authorization 
        (including an `employment authorized' endorsement or other 
        appropriate work permit), unless the alien is lawfully admitted 
        for permanent residence or otherwise would (without regard to 
        removal proceedings) be provided such authorization.
    ``(b) Revocation of Bond or Parole.--The Attorney General at any 
time may revoke a bond or parole authorized under subsection (a), 
rearrest the alien under the original warrant, and detain the alien.
    ``(c) Detention of Criminal Aliens.--
            ``(1) Custody.--The Attorney General shall take into 
        custody any alien who--
                    ``(A) is inadmissible by reason of having committed 
                any offense covered in section 212(a)(2),
                    ``(B) is deportable by reason of having committed 
                any offense covered in section 237(a)(2)(A)(ii), 
                (A)(iii), (B), (C), or (D),
                    ``(C) is deportable under section 237(a)(2)(A)(i) 
                on the basis of an offense for which the alien has been 
                sentence to a term of imprisonment of at least 1 year, 
                or
                    ``(D) is inadmissible under section 212(a)(3)(B) or 
                deportable under section 237(a)(4)(B),
        when the alien is released, without regard to whether the alien 
        is released on parole, supervised release, or probation, and 
        without regard to whether the alien may be arrested or 
        imprisoned again for the same offense.
            ``(2) Release.--The Attorney General may release an alien 
        described in paragraph (1) only if the Attorney General decides 
        pursuant to section 3521 of title 18, United States Code, that 
        release of the alien from custody is necessary to provide 
        protection to a witness, a potential witness, a person 
        cooperating with an investigation into major criminal activity, 
        or an immediate family member or close associate of a witness, 
        potential witness, or person cooperating with such an 
        investigation, and the alien satisfies the Attorney General 
        that the alien will not pose a danger to the safety of other 
        persons or of property and is likely to appear for any 
        scheduled proceeding. A decision relating to such release shall 
        take place in accordance with a procedure that considers the 
        severity of the offense committed by the alien.
    ``(d) Identification of Criminal Aliens.--(1) The Attorney General 
shall devise and implement a system--
            ``(A) to make available, daily (on a 24-hour basis), to 
        Federal, State, and local authorities the investigative 
        resources of the Service to determine whether individuals 
        arrested by such authorities for aggravated felonies are 
        aliens;
            ``(B) to designate and train officers and employees of the 
        Service to serve as a liaison to Federal, State, and local law 
        enforcement and correctional agencies and courts with respect 
        to the arrest, conviction, and release of any alien charged 
        with an aggravated felony; and
            ``(C) which uses computer resources to maintain a current 
        record of aliens who have been convicted of an aggravated 
        felony, and indicates those who have been removed.
    ``(2) The record under paragraph (1)(C) shall be made available--
            ``(A) to inspectors at ports of entry and to border patrol 
        agents at sector headquarters for purposes of immediate 
        identification of any alien who was previously ordered removed 
        and is seeking to reenter the United States, and
            ``(B) to officials of the Department of State for use in 
        its automated visa lookout system.
    ``(3) Upon the request of the governor or chief executive officer 
of any State, the Service shall provide assistance to State courts in 
the identification of aliens unlawfully present in the United States 
pending criminal prosecution.
    ``(e) Judicial Review.--The Attorney General's discretionary 
judgment regarding the application of this section shall not be subject 
to review. No court may set aside any action or decision by the 
Attorney General under this section regarding the detention or release 
of any alien or the grant, revocation, or denial of bond or parole.''.
    (b) Effective Date.--
            (1) In general.--The amendment made by subsection (a) shall 
        become effective on the title III-A effective date.
            (2) Notification regarding custody.--If the Attorney 
        General, not later than 10 days after the date of the enactment 
        of this Act, notifies in writing the Committees on the 
        Judiciary of the House of Representatives and the Senate that 
        there is insufficient detention space and Immigration and 
        Naturalization Service personnel available to carry out section 
        236(c) of the Immigration and Nationality Act, as amended by 
        subsection (a), or the amendments made by section 440(c) of 
        Public Law 104-132, the provisions in paragraph (3) shall be in 
        effect for a 1-year period beginning on the date of such 
        notification, instead of such section or such amendments. The 
        Attorney General may extend such 1-year period for an 
        additional year if the Attorney General provides the same 
        notice not later than 10 days before the end of the first 1-
        year period. After the end of such 1-year or 2-year periods, 
        the provisions of such section 236(c) shall apply to 
        individuals released after such periods.
            (3) Transition period custody rules.--
                    (A) In general.--During the period in which this 
                paragraph is in effect pursuant to paragraph (2), the 
                Attorney General shall take into custody any alien 
                who--
                            (i) has been convicted of an aggravated 
                        felony (as defined under section 101(a)(43) of 
                        the Immigration and Nationality Act, as amended 
                        by section 321 of this division),
                            (ii) is inadmissible by reason of having 
                        committed any offense covered in section 
                        212(a)(2) of such Act,
                            (iii) is deportable by reason of having 
                        committed any offense covered in section 
                        241(a)(2)(A)(ii), (A)(iii), (B), (C), or (D) of 
                        such Act (before redesignation under this 
                        subtitle), or
                            (iv) is inadmissible under section 
                        212(a)(3)(B) of such Act or deportable under 
                        section 241(a)(4)(B) of such Act (before 
                        redesignation under this subtitle),
                when the alien is released, without regard to whether 
                the alien is released on parole, supervised release, or 
                probation, and without regard to whether the alien may 
                be arrested or imprisoned again for the same offense.
                    (B) Release.--The Attorney General may release the 
                alien only if the alien is an alien described in 
                subparagraph (A)(ii) or (A)(iii) and--
                            (i) the alien was lawfully admitted to the 
                        United States and satisfies the Attorney 
                        General that the alien will not pose a danger 
                        to the safety of other persons or of property 
                        and is likely to appear for any scheduled 
                        proceeding, or
                            (ii) the alien was not lawfully admitted to 
                        the United States, cannot be removed because 
                        the designated country of removal will not 
                        accept the alien, and satisfies the Attorney 
                        General that the alien will not pose a danger 
                        to the safety of other persons or of property 
                        and is likely to appear for any scheduled 
                        proceeding.

SEC. 304. REMOVAL PROCEEDINGS; CANCELLATION OF REMOVAL AND ADJUSTMENT 
              OF STATUS; VOLUNTARY DEPARTURE (REVISED AND NEW SECTIONS 
              239 TO 240C).

    (a) In General.--Chapter 4 of title II is amended--
            (1) by redesignating section 239 (8 U.S.C. 1229) as section 
        234 and by moving such section to immediately follow section 
        233;
            (2) by redesignating section 240 (8 U.S.C. 1230) as section 
        240C; and
            (3) by inserting after section 238 the following new 
        sections:

                  ``initiation of removal proceedings

    ``Sec. 239. (a) Notice to Appear.--
            ``(1) In general.--In removal proceedings under section 
        240, written notice (in this section referred to as a `notice 
        to appear') shall be given in person to the alien (or, if 
        personal service is not practicable, through service by mail to 
        the alien or to the alien's counsel of record, if any) 
        specifying the following:
                    ``(A) The nature of the proceedings against the 
                alien.
                    ``(B) The legal authority under which the 
                proceedings are conducted.
                    ``(C) The acts or conduct alleged to be in 
                violation of law.
                    ``(D) The charges against the alien and the 
                statutory provisions alleged to have been violated.
                    ``(E) The alien may be represented by counsel and 
                the alien will be provided (i) a period of time to 
                secure counsel under subsection (b)(1) and (ii) a 
                current list of counsel prepared under subsection 
                (b)(2).
                    ``(F)(i) The requirement that the alien must 
                immediately provide (or have provided) the Attorney 
                General with a written record of an address and 
                telephone number (if any) at which the alien may be 
                contacted respecting proceedings under section 240.
                    ``(ii) The requirement that the alien must provide 
                the Attorney General immediately with a written record 
                of any change of the alien's address or telephone 
                number.
                    ``(iii) The consequences under section 240(b)(5) of 
                failure to provide address and telephone information 
                pursuant to this subparagraph.
                    ``(G)(i) The time and place at which the 
                proceedings will be held.
                    ``(ii) The consequences under section 240(b)(5) of 
                the failure, except under exceptional circumstances, to 
                appear at such proceedings.
            ``(2) Notice of change in time or place of proceedings.--
                    ``(A) In general.--In removal proceedings under 
                section 240, in the case of any change or postponement 
                in the time and place of such proceedings, subject to 
                subparagraph (B) a written notice shall be given in 
                person to the alien (or, if personal service is not 
                practicable, through service by mail to the alien or to 
                the alien's counsel of record, if any) specifying--
                            ``(i) the new time or place of the 
                        proceedings, and
                            ``(ii) the consequences under section 
                        240(b)(5) of failing, except under exceptional 
                        circumstances, to attend such proceedings.
                    ``(B) Exception.--In the case of an alien not in 
                detention, a written notice shall not be required under 
                this paragraph if the alien has failed to provide the 
                address required under paragraph (1)(F).
            ``(3) Central address files.--The Attorney General shall 
        create a system to record and preserve on a timely basis 
        notices of addresses and telephone numbers (and changes) 
        provided under paragraph (1)(F).
    ``(b) Securing of Counsel.--
            ``(1) In general.--In order that an alien be permitted the 
        opportunity to secure counsel before the first hearing date in 
        proceedings under section 240, the hearing date shall not be 
        scheduled earlier than 10 days after the service of the notice 
        to appear, unless the alien requests in writing an earlier 
        hearing date.
            ``(2) Current lists of counsel.--The Attorney General shall 
        provide for lists (updated not less often than quarterly) of 
        persons who have indicated their availability to represent pro 
        bono aliens in proceedings under section 240. Such lists shall 
        be provided under subsection (a)(1)(E) and otherwise made 
        generally available.
            ``(3) Rule of construction.--Nothing in this subsection may 
        be construed to prevent the Attorney General from proceeding 
        against an alien pursuant to section 240 if the time period 
        described in paragraph (1) has elapsed and the alien has failed 
        to secure counsel.
    ``(c) Service by Mail.--Service by mail under this section shall be 
sufficient if there is proof of attempted delivery to the last address 
provided by the alien in accordance with subsection (a)(1)(F).
    ``(d) Prompt Initiation of Removal.--(1) In the case of an alien 
who is convicted of an offense which makes the alien deportable, the 
Attorney General shall begin any removal proceeding as expeditiously as 
possible after the date of the conviction.
    ``(2) Nothing in this subsection shall be construed to create any 
substantive or procedural right or benefit that is legally enforceable 
by any party against the United States or its agencies or officers or 
any other person.

                         ``removal proceedings

    ``Sec. 240. (a) Proceeding.--
            ``(1) In general.--An immigration judge shall conduct 
        proceedings for deciding the inadmissibility or deportability 
        of an alien.
            ``(2) Charges.--An alien placed in proceedings under this 
        section may be charged with any applicable ground of 
        inadmissibility under section 212(a) or any applicable ground 
        of deportability under section 237(a).
            ``(3) Exclusive procedures.--Unless otherwise specified in 
        this Act, a proceeding under this section shall be the sole and 
        exclusive procedure for determining whether an alien may be 
        admitted to the United States or, if the alien has been so 
        admitted, removed from the United States. Nothing in this 
        section shall affect proceedings conducted pursuant to section 
        238.
    ``(b) Conduct of Proceeding.--
            ``(1) Authority of immigration judge.--The immigration 
        judge shall administer oaths, receive evidence, and 
        interrogate, examine, and cross-examine the alien and any 
        witnesses. The immigration judge may issue subpoenas for the 
        attendance of witnesses and presentation of evidence. The 
        immigration judge shall have authority (under regulations 
        prescribed by the Attorney General) to sanction by civil money 
        penalty any action (or inaction) in contempt of the judge's 
        proper exercise of authority under this Act.
            ``(2) Form of proceeding.--
                    ``(A) In general.--The proceeding may take place--
                            ``(i) in person,
                            ``(ii) where agreed to by the parties, in 
                        the absence of the alien,
                            ``(iii) through video conference, or
                            ``(iv) subject to subparagraph (B), through 
                        telephone conference.
                    ``(B) Consent required in certain cases.--An 
                evidentiary hearing on the merits may only be conducted 
                through a telephone conference with the consent of the 
                alien involved after the alien has been advised of the 
                right to proceed in person or through video conference.
            ``(3) Presence of alien.--If it is impracticable by reason 
        of an alien's mental incompetency for the alien to be present 
        at the proceeding, the Attorney General shall prescribe 
        safeguards to protect the rights and privileges of the alien.
            ``(4) Aliens rights in proceeding.--In proceedings under 
        this section, under regulations of the Attorney General--
                    ``(A) the alien shall have the privilege of being 
                represented, at no expense to the Government, by 
                counsel of the alien's choosing who is authorized to 
                practice in such proceedings,
                    ``(B) the alien shall have a reasonable opportunity 
                to examine the evidence against the alien, to present 
                evidence on the alien's own behalf, and to cross-
                examine witnesses presented by the Government but these 
                rights shall not entitle the alien to examine such 
                national security information as the Government may 
                proffer in opposition to the alien's admission to the 
                United States or to an application by the alien for 
                discretionary relief under this Act, and
                    ``(C) a complete record shall be kept of all 
                testimony and evidence produced at the proceeding.
            ``(5) Consequences of failure to appear.--
                    ``(A) In general.--Any alien who, after written 
                notice required under paragraph (1) or (2) of section 
                239(a) has been provided to the alien or the alien's 
                counsel of record, does not attend a proceeding under 
                this section, shall be ordered removed in absentia if 
                the Service establishes by clear, unequivocal, and 
                convincing evidence that the written notice was so 
                provided and that the alien is removable (as defined in 
                subsection (e)(2)). The written notice by the Attorney 
                General shall be considered sufficient for purposes of 
                this subparagraph if provided at the most recent 
                address provided under section 239(a)(1)(F).
                    ``(B) No notice if failure to provide address 
                information.--No written notice shall be required under 
                subparagraph (A) if the alien has failed to provide the 
                address required under section 239(a)(1)(F).
                    ``(C) Rescission of order.--Such an order may be 
                rescinded only--
                            ``(i) upon a motion to reopen filed within 
                        180 days after the date of the order of removal 
                        if the alien demonstrates that the failure to 
                        appear was because of exceptional circumstances 
                        (as defined in subsection (e)(1)), or
                            ``(ii) upon a motion to reopen filed at any 
                        time if the alien demonstrates that the alien 
                        did not receive notice in accordance with 
                        paragraph (1) or (2) of section 239(a) or the 
                        alien demonstrates that the alien was in 
                        Federal or State custody and the failure to 
                        appear was through no fault of the alien.
                The filing of the motion to reopen described in clause 
                (i) or (ii) shall stay the removal of the alien pending 
                disposition of the motion by the immigration judge.
                    ``(D) Effect on judicial review.--Any petition for 
                review under section 242 of an order entered in 
                absentia under this paragraph shall (except in cases 
                described in section 242(b)(5)) be confined to (i) the 
                validity of the notice provided to the alien, (ii) the 
                reasons for the alien's not attending the proceeding, 
                and (iii) whether or not the alien is removable.
                    ``(E) Additional application to certain aliens in 
                contiguous territory.--The preceding provisions of this 
                paragraph shall apply to all aliens placed in 
                proceedings under this section, including any alien who 
                remains in a contiguous foreign territory pursuant to 
                section 235(b)(2)(C).
            ``(6) Treatment of frivolous behavior.--The Attorney 
        General shall, by regulation--
                    ``(A) define in a proceeding before an immigration 
                judge or before an appellate administrative body under 
                this title, frivolous behavior for which attorneys may 
                be sanctioned,
                    ``(B) specify the circumstances under which an 
                administrative appeal of a decision or ruling will be 
                considered frivolous and will be summarily dismissed, 
                and
                    ``(C) impose appropriate sanctions (which may 
                include suspension and disbarment) in the case of 
                frivolous behavior.
Nothing in this paragraph shall be construed as limiting the authority 
of the Attorney General to take actions with respect to inappropriate 
behavior.
            ``(7) Limitation on discretionary relief for failure to 
        appear.--Any alien against whom a final order of removal is 
        entered in absentia under this subsection and who, at the time 
        of the notice described in paragraph (1) or (2) of section 
        239(a), was provided oral notice, either in the alien's native 
        language or in another language the alien understands, of the 
        time and place of the proceedings and of the consequences under 
        this paragraph of failing, other than because of exceptional 
        circumstances (as defined in subsection (e)(1)) to attend a 
        proceeding under this section, shall not be eligible for relief 
        under section 240A, 240B, 245, 248, or 249 for a period of 10 
        years after the date of the entry of the final order of 
        removal.
    ``(c) Decision and Burden of Proof.--
            ``(1) Decision.--
                    ``(A) In general.--At the conclusion of the 
                proceeding the immigration judge shall decide whether 
                an alien is removable from the United States. The 
                determination of the immigration judge shall be based 
                only on the evidence produced at the hearing.
                    ``(B) Certain medical decisions.--If a medical 
                officer or civil surgeon or board of medical officers 
                has certified under section 232(b) that an alien has a 
                disease, illness, or addiction which would make the 
                alien inadmissible under paragraph (1) of section 
                212(a), the decision of the immigration judge shall be 
                based solely upon such certification.
            ``(2) Burden on alien.--In the proceeding the alien has the 
        burden of establishing--
                    ``(A) if the alien is an applicant for admission, 
                that the alien is clearly and beyond doubt entitled to 
                be admitted and is not inadmissible under section 212; 
                or
                    ``(B) by clear and convincing evidence, that the 
                alien is lawfully present in the United States pursuant 
                to a prior admission.
        In meeting the burden of proof under subparagraph (B), the 
        alien shall have access to the alien's visa or other entry 
        document, if any, and any other records and documents, not 
        considered by the Attorney General to be confidential, 
        pertaining to the alien's admission or presence in the United 
        States.
            ``(3) Burden on service in cases of deportable aliens.--
                    ``(A) In general.--In the proceeding the Service 
                has the burden of establishing by clear and convincing 
                evidence that, in the case of an alien who has been 
                admitted to the United States, the alien is deportable. 
                No decision on deportability shall be valid unless it 
                is based upon reasonable, substantial, and probative 
                evidence.
                    ``(B) Proof of convictions.--In any proceeding 
                under this Act, any of the following documents or 
                records (or a certified copy of such an official 
                document or record) shall constitute proof of a 
                criminal conviction:
                            ``(i) An official record of judgment and 
                        conviction.
                            ``(ii) An official record of plea, verdict, 
                        and sentence.
                            ``(iii) A docket entry from court records 
                        that indicates the existence of the conviction.
                            ``(iv) Official minutes of a court 
                        proceeding or a transcript of a court hearing 
                        in which the court takes notice of the 
                        existence of the conviction.
                            ``(v) An abstract of a record of conviction 
                        prepared by the court in which the conviction 
                        was entered, or by a State official associated 
                        with the State's repository of criminal justice 
                        records, that indicates the charge or section 
                        of law violated, the disposition of the case, 
                        the existence and date of conviction, and the 
                        sentence.
                            ``(vi) Any document or record prepared by, 
                        or under the direction of, the court in which 
                        the conviction was entered that indicates the 
                        existence of a conviction.
                            ``(vii) Any document or record attesting to 
                        the conviction that is maintained by an 
                        official of a State or Federal penal 
                        institution, which is the basis for that 
                        institution's authority to assume custody of 
                        the individual named in the record.
                    ``(C) Electronic records.--In any proceeding under 
                this Act, any record of conviction or abstract that has 
                been submitted by electronic means to the Service from 
                a State or court shall be admissible as evidence to 
                prove a criminal conviction if it is--
                            ``(i) certified by a State official 
                        associated with the State's repository of 
                        criminal justice records as an official record 
                        from its repository or by a court official from 
                        the court in which the conviction was entered 
                        as an official record from its repository, and
                            ``(ii) certified in writing by a Service 
                        official as having been received electronically 
                        from the State's record repository or the 
                        court's record repository.
                A certification under clause (i) may be by means of a 
                computer-generated signature and statement of 
                authenticity.
            ``(4) Notice.--If the immigration judge decides that the 
        alien is removable and orders the alien to be removed, the 
        judge shall inform the alien of the right to appeal that 
        decision and of the consequences for failure to depart under 
        the order of removal, including civil and criminal penalties.
            ``(5) Motions to reconsider.--
                    ``(A) In general.--The alien may file one motion to 
                reconsider a decision that the alien is removable from 
                the United States.
                    ``(B) Deadline.--The motion must be filed within 30 
                days of the date of entry of a final administrative 
                order of removal.
                    ``(C) Contents.--The motion shall specify the 
                errors of law or fact in the previous order and shall 
                be supported by pertinent authority.
            ``(6) Motions to reopen.--
                    ``(A) In general.--An alien may file one motion to 
                reopen proceedings under this section.
                    ``(B) Contents.--The motion to reopen shall state 
                the new facts that will be proven at a hearing to be 
                held if the motion is granted, and shall be supported 
                by affidavits or other evidentiary material.
                    ``(C) Deadline.--
                            ``(i) In general.--Except as provided in 
                        this subparagraph, the motion to reopen shall 
                        be filed within 90 days of the date of entry of 
                        a final administrative order of removal.
                            ``(ii) Asylum.--There is no time limit on 
                        the filing of a motion to reopen if the basis 
                        of the motion is to apply for relief under 
                        sections 208 or 241(b)(3) and is based on 
                        changed country conditions arising in the 
                        country of nationality or the country to which 
                        removal has been ordered, if such evidence is 
                        material and was not available and would not 
                        have been discovered or presented at the 
                        previous proceeding.
                            ``(iii) Failure to appear.--The filing of a 
                        motion to reopen an order entered pursuant to 
                        subsection (b)(5) is subject to the deadline 
                        specified in subparagraph (C) of such 
                        subsection.
    ``(d) Stipulated Removal.--The Attorney General shall provide by 
regulation for the entry by an immigration judge of an order of removal 
stipulated to by the alien (or the alien's representative) and the 
Service. A stipulated order shall constitute a conclusive determination 
of the alien's removability from the United States.
    ``(e) Definitions.--In this section and section 240A:
            ``(1) Exceptional circumstances.--The term `exceptional 
        circumstances' refers to exceptional circumstances (such as 
        serious illness of the alien or serious illness or death of the 
        spouse, child, or parent of the alien, but not including less 
        compelling circumstances) beyond the control of the alien.
            ``(2) Removable.--The term `removable' means--
                    ``(A) in the case of an alien not admitted to the 
                United States, that the alien is inadmissible under 
                section 212, or
                    ``(B) in the case of an alien admitted to the 
                United States, that the alien is deportable under 
                section 237.

            ``cancellation of removal; adjustment of status

    ``Sec. 240A. (a) Cancellation of Removal for Certain Permanent 
Residents.--The Attorney General may cancel removal in the case of an 
alien who is inadmissible or deportable from the United States if the 
alien--
            ``(1) has been an alien lawfully admitted for permanent 
        residence for not less than 5 years,
            ``(2) has resided in the United States continuously for 7 
        years after having been admitted in any status, and
            ``(3) has not been convicted of any aggravated felony.
    ``(b) Cancellation of Removal and Adjustment of Status for Certain 
Nonpermanent Residents.--
            ``(1) In general.--The Attorney General may cancel removal 
        in the case of an alien who is inadmissible or deportable from 
        the United States if the alien--
                    ``(A) has been physically present in the United 
                States for a continuous period of not less than 10 
                years immediately preceding the date of such 
                application;
                    ``(B) has been a person of good moral character 
                during such period;
                    ``(C) has not been convicted of an offense under 
                section 212(a)(2), 237(a)(2), or 237(a)(3); and
                    ``(D) establishes that removal would result in 
                exceptional and extremely unusual hardship to the 
                alien's spouse, parent, or child, who is a citizen of 
                the United States or an alien lawfully admitted for 
                permanent residence.
            ``(2) Special rule for battered spouse or child.--The 
        Attorney General may cancel removal in the case of an alien who 
        is inadmissible or deportable from the United States if the 
        alien demonstrates that--
                    ``(A) the alien has been battered or subjected to 
                extreme cruelty in the United States by a spouse or 
                parent who is a United States citizen or lawful 
                permanent resident (or is the parent of a child of a 
                United States citizen or lawful permanent resident and 
                the child has been battered or subjected to extreme 
                cruelty in the United States by such citizen or 
                permanent resident parent);
                    ``(B) the alien has been physically present in the 
                United States for a continuous period of not less than 
                3 years immediately preceding the date of such 
                application;
                    ``(C) the alien has been a person of good moral 
                character during such period;
                    ``(D) the alien is not inadmissible under paragraph 
                (2) or (3) of section 212(a), is not deportable under 
                paragraph (1)(G) or (2) through (4) of section 237(a), 
                and has not been convicted of an aggravated felony; and
                    ``(E) the removal would result in extreme hardship 
                to the alien, the alien's child, or (in the case of an 
                alien who is a child) to the alien's parent.
        In acting on applications under this paragraph, the Attorney 
        General shall consider any credible evidence relevant to the 
        application. The determination of what evidence is credible and 
        the weight to be given that evidence shall be within the sole 
        discretion of the Attorney General.
            ``(3) Adjustment of status.--The Attorney General may 
        adjust to the status of an alien lawfully admitted for 
        permanent residence any alien who the Attorney General 
        determines meets the requirements of paragraph (1) or (2). The 
        number of adjustments under this paragraph shall not exceed 
        4,000 for any fiscal year. The Attorney General shall record 
        the alien's lawful admission for permanent residence as of the 
        date the Attorney General's cancellation of removal under 
        paragraph (1) or (2) or determination under this paragraph.
    ``(c) Aliens Ineligible for Relief.--The provisions of subsections 
(a) and (b)(1) shall not apply to any of the following aliens:
            ``(1) An alien who entered the United States as a crewman 
        subsequent to June 30, 1964.
            ``(2) An alien who was admitted to the United States as a 
        nonimmigrant exchange alien as defined in section 
        101(a)(15)(J), or has acquired the status of such a 
        nonimmigrant exchange alien after admission, in order to 
        receive graduate medical education or training, regardless of 
        whether or not the alien is subject to or has fulfilled the 
        two-year foreign residence requirement of section 212(e).
            ``(3) An alien who--
                    ``(A) was admitted to the United States as a 
                nonimmigrant exchange alien as defined in section 
                101(a)(15)(J) or has acquired the status of such a 
                nonimmigrant exchange alien after admission other than 
                to receive graduate medical education or training,
                    ``(B) is subject to the two-year foreign residence 
                requirement of section 212(e), and
                    ``(C) has not fulfilled that requirement or 
                received a waiver thereof.
            ``(4) An alien who is inadmissible under section 212(a)(3) 
        or deportable under section 237(a)(4).
            ``(5) An alien who is described in section 241(b)(3)(B)(i).
            ``(6) An alien whose removal has previously been cancelled 
        under this section or whose deportation was suspended under 
        section 244(a) or who has been granted relief under section 
        212(c), as such sections were in effect before the date of the 
        enactment of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996.
    ``(d) Special Rules Relating to Continuous Residence or Physical 
Presence.--
            ``(1) Termination of continuous period.--For purposes of 
        this section, any period of continuous residence or continuous 
        physical presence in the United States shall be deemed to end 
        when the alien is served a notice to appear under section 
        239(a) or when the alien has committed an offense referred to 
        in section 212(a)(2) that renders the alien inadmissible to the 
        United States under section 212(a)(2) or removable from the 
        United States under section 237(a)(2) or 237(a)(4), whichever 
        is earliest.
            ``(2) Treatment of certain breaks in presence.--An alien 
        shall be considered to have failed to maintain continuous 
        physical presence in the United States under subsections (b)(1) 
        and (b)(2) if the alien has departed from the United States for 
        any period in excess of 90 days or for any periods in the 
        aggregate exceeding 180 days.
            ``(3) Continuity not required because of honorable service 
        in armed forces and presence upon entry into service.--The 
        requirements of continuous residence or continuous physical 
        presence in the United States under subsections (a) and (b) 
        shall not apply to an alien who--
                    ``(A) has served for a minimum period of 24 months 
                in an active-duty status in the Armed Forces of the 
                United States and, if separated from such service, was 
                separated under honorable conditions, and
                    ``(B) at the time of the alien's enlistment or 
                induction was in the United States.
    ``(e) Annual Limitation.--The Attorney General may not cancel the 
removal and adjust the status under this section, nor suspend the 
deportation and adjust the status under section 244(a) (as in effect 
before the enactment of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996), of a total of more than 4,000 aliens in 
any fiscal year. The previous sentence shall apply regardless of when 
an alien applied for such cancellation and adjustment and whether such 
an alien had previously applied for suspension of deportation under 
such section 244(a).

                         ``voluntary departure

    ``Sec. 240B. (a) Certain Conditions.--
            ``(1) In general.--The Attorney General may permit an alien 
        voluntarily to depart the United States at the alien's own 
        expense under this subsection, in lieu of being subject to 
        proceedings under section 240 or prior to the completion of 
        such proceedings, if the alien is not deportable under section 
        237(a)(2)(A)(iii) or section 237(a)(4)(B).
            ``(2) Period.--Permission to depart voluntarily under this 
        subsection shall not be valid for a period exceeding 120 days.
            ``(3) Bond.--The Attorney General may require an alien 
        permitted to depart voluntarily under this subsection to post a 
        voluntary departure bond, to be surrendered upon proof that the 
        alien has departed the United States within the time specified.
            ``(4) Treatment of aliens arriving in the united states.--
        In the case of an alien who is arriving in the United States 
        and with respect to whom proceedings under section 240 are (or 
        would otherwise be) initiated at the time of such alien's 
        arrival, paragraph (1) shall not apply. Nothing in this 
        paragraph shall be construed as preventing such an alien from 
        withdrawing the application for admission in accordance with 
        section 235(a)(4).
    ``(b) At Conclusion of Proceedings.--
            ``(1) In general.--The Attorney General may permit an alien 
        voluntarily to depart the United States at the alien's own 
        expense if, at the conclusion of a proceeding under section 
        240, the immigration judge enters an order granting voluntary 
        departure in lieu of removal and finds that--
                    ``(A) the alien has been physically present in the 
                United States for a period of at least one year 
                immediately preceding the date the notice to appear was 
                served under section 239(a);
                    ``(B) the alien is, and has been, a person of good 
                moral character for at least 5 years immediately 
                preceding the alien's application for voluntary 
                departure;
                    ``(C) the alien is not deportable under section 
                237(a)(2)(A)(iii) or section 237(a)(4); and
                    ``(D) the alien has established by clear and 
                convincing evidence that the alien has the means to 
                depart the United States and intends to do so.
            ``(2) Period.--Permission to depart voluntarily under this 
        subsection shall not be valid for a period exceeding 60 days.
            ``(3) Bond.--An alien permitted to depart voluntarily under 
        this subsection shall be required to post a voluntary departure 
        bond, in an amount necessary to ensure that the alien will 
        depart, to be surrendered upon proof that the alien has 
        departed the United States within the time specified.
    ``(c) Aliens Not Eligible.--The Attorney General shall not permit 
an alien to depart voluntarily under this section if the alien was 
previously permitted to so depart after having been found inadmissible 
under section 212(a)(6)(A).
    ``(d) Civil Penalty for Failure to Depart.--If an alien is 
permitted to depart voluntarily under this section and fails 
voluntarily to depart the United States within the time period 
specified, the alien shall be subject to a civil penalty of not less 
than $1,000 and not more than $5,000, and be ineligible for a period of 
10 years for any further relief under this section and sections 240A, 
245, 248, and 249. The order permitting the alien to depart voluntarily 
shall inform the alien of the penalties under this subsection.
    ``(e) Additional Conditions.--The Attorney General may by 
regulation limit eligibility for voluntary departure under this section 
for any class or classes of aliens. No court may review any regulation 
issued under this subsection.
    ``(f) Judicial Review.--No court shall have jurisdiction over an 
appeal from denial of a request for an order of voluntary departure 
under subsection (b), nor shall any court order a stay of an alien's 
removal pending consideration of any claim with respect to voluntary 
departure.''.
    (b) Repeal of Section 212(c).--Section 212(c) (8 U.S.C. 1182(c)) is 
repealed.
    (c) Streamlining Removal of Criminal Aliens.--
            (1) In general.--Section 242A(b)(4) (8 U.S.C. 1252a(b)(4)), 
        as amended by section 442(a) of Public Law 104-132 and before 
        redesignation by section 308(b)(5) of this division, is 
        amended--
                    (A) by striking subparagraph (D);
                    (B) by amending subparagraph (E) to read as 
                follows:
                    ``(D) a determination is made for the record that 
                the individual upon whom the notice for the proceeding 
                under this section is served (either in person or by 
                mail) is, in fact, the alien named in such notice;''; 
                and
                    (C) by redesignating subparagraphs (F) and (G) as 
                subparagraph (E) and (F), respectively.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall be effective as if included in the enactment of section 
        442(a) of Public Law 104-132.

SEC. 305. DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED (NEW SECTION 
              241).

    (a) In General.--Title II is further amended--
            (1) by striking section 237 (8 U.S.C. 1227),
            (2) by redesignating section 241 (8 U.S.C. 1251) as section 
        237 and by moving such section to immediately follow section 
        236, and
            (3) by inserting after section 240C (as redesignated by 
        section 304(a)(2)) of this division the following new section:

           ``detention and removal of aliens ordered removed

    ``Sec. 241. (a) Detention, Release, and Removal of Aliens Ordered 
Removed.--
            ``(1) Removal period.--
                    ``(A) In general.--Except as otherwise provided in 
                this section, when an alien is ordered removed, the 
                Attorney General shall remove the alien from the United 
                States within a period of 90 days (in this section 
                referred to as the `removal period').
                    ``(B) Beginning of period.--The removal period 
                begins on the latest of the following:
                            ``(i) The date the order of removal becomes 
                        administratively final.
                            ``(ii) If the removal order is judicially 
                        reviewed and if a court orders a stay of the 
                        removal of the alien, the date of the court's 
                        final order.
                            ``(iii) If the alien is detained or 
                        confined (except under an immigration process), 
                        the date the alien is released from detention 
                        or confinement.
                    ``(C) Suspension of period.--The removal period 
                shall be extended beyond a period of 90 days and the 
                alien may remain in detention during such extended 
                period if the alien fails or refuses to make timely 
                application in good faith for travel or other documents 
                necessary to the alien's departure or conspires or acts 
                to prevent the alien's removal subject to an order of 
                removal.
            ``(2) Detention.--During the removal period, the Attorney 
        General shall detain the alien. Under no circumstance during 
        the removal period shall the Attorney General release an alien 
        who has been found inadmissible under section 212(a)(2) or 
        212(a)(3)(B) or deportable under section 237(a)(2) or 
        237(a)(4)(B).
            ``(3) Supervision after 90-day period.--If the alien does 
        not leave or is not removed within the removal period, the 
        alien, pending removal, shall be subject to supervision under 
        regulations prescribed by the Attorney General. The regulations 
        shall include provisions requiring the alien--
                    ``(A) to appear before an immigration officer 
                periodically for identification;
                    ``(B) to submit, if necessary, to a medical and 
                psychiatric examination at the expense of the United 
                States Government;
                    ``(C) to give information under oath about the 
                alien's nationality, circumstances, habits, 
                associations, and activities, and other information the 
                Attorney General considers appropriate; and
                    ``(D) to obey reasonable written restrictions on 
                the alien's conduct or activities that the Attorney 
                General prescribes for the alien.
            ``(4) Aliens imprisoned, arrested, or on parole, supervised 
        release, or probation.--
                    ``(A) In general.--Except as provided in section 
                343(a) of the Public Health Service Act (42 U.S.C. 
                259(a)) and paragraph (2), the Attorney General may not 
                remove an alien who is sentenced to imprisonment until 
                the alien is released from imprisonment. Parole, 
                supervised release, probation, or possibility of arrest 
                or further imprisonment is not a reason to defer 
                removal.
                    ``(B) Exception for removal of nonviolent offenders 
                prior to completion of sentence of imprisonment.--The 
                Attorney General is authorized to remove an alien in 
                accordance with applicable procedures under this Act 
                before the alien has completed a sentence of 
                imprisonment--
                            ``(i) in the case of an alien in the 
                        custody of the Attorney General, if the 
                        Attorney General determines that (I) the alien 
                        is confined pursuant to a final conviction for 
                        a nonviolent offense (other than an offense 
                        related to smuggling or harboring of aliens or 
                        an offense described in section 101(a)(43)(B), 
                        (C), (E), (I), or (L) and (II) the removal of 
                        the alien is appropriate and in the best 
                        interest of the United States; or
                            ``(ii) in the case of an alien in the 
                        custody of a State (or a political subdivision 
                        of a State), if the chief State official 
                        exercising authority with respect to the 
                        incarceration of the alien determines that (I) 
                        the alien is confined pursuant to a final 
                        conviction for a nonviolent offense (other than 
                        an offense described in section 101(a)(43)(C) 
                        or (E)), (II) the removal is appropriate and in 
                        the best interest of the State, and (III) 
                        submits a written request to the Attorney 
                        General that such alien be so removed.
                    ``(C) Notice.--Any alien removed pursuant to this 
                paragraph shall be notified of the penalties under the 
                laws of the United States relating to the reentry of 
                deported aliens, particularly the expanded penalties 
                for aliens removed under subparagraph (B).
                    ``(D) No private right.--No cause or claim may be 
                asserted under this paragraph against any official of 
                the United States or of any State to compel the 
                release, removal, or consideration for release or 
                removal of any alien.
            ``(5) Reinstatement of removal orders against aliens 
        illegally reentering.--If the Attorney General finds that an 
        alien has reentered the United States illegally after having 
        been removed or having departed voluntarily, under an order of 
        removal, the prior order of removal is reinstated from its 
        original date and is not subject to being reopened or reviewed, 
        the alien is not eligible and may not apply for any relief 
        under this Act, and the alien shall be removed under the prior 
        order at any time after the reentry.
            ``(6) Inadmissible or criminal aliens.--An alien ordered 
        removed who is inadmissible under section 212, removable under 
        section 237(a)(1)(C), 237(a)(2), or 237(a)(4) or who has been 
        determined by the Attorney General to be a risk to the 
        community or unlikely to comply with the order of removal, may 
        be detained beyond the removal period and, if released, shall 
        be subject to the terms of supervision in paragraph (3).
            ``(7) Employment authorization.--No alien ordered removed 
        shall be eligible to receive authorization to be employed in 
        the United States unless the Attorney General makes a specific 
        finding that--
                    ``(A) the alien cannot be removed due to the 
                refusal of all countries designated by the alien or 
                under this section to receive the alien, or
                    ``(B) the removal of the alien is otherwise 
                impracticable or contrary to the public interest.
    ``(b) Countries to Which Aliens May Be Removed.--
            ``(1) Aliens arriving at the united states.--Subject to 
        paragraph (3)--
                    ``(A) In general.--Except as provided by 
                subparagraphs (B) and (C), an alien who arrives at the 
                United States and with respect to whom proceedings 
                under section 240 were initiated at the time of such 
                alien's arrival shall be removed to the country in 
                which the alien boarded the vessel or aircraft on which 
                the alien arrived in the United States.
                    ``(B) Travel from contiguous territory.--If the 
                alien boarded the vessel or aircraft on which the alien 
                arrived in the United States in a foreign territory 
                contiguous to the United States, an island adjacent to 
                the United States, or an island adjacent to a foreign 
                territory contiguous to the United States, and the 
                alien is not a native, citizen, subject, or national 
                of, or does not reside in, the territory or island, 
                removal shall be to the country in which the alien 
                boarded the vessel that transported the alien to the 
                territory or island.
                    ``(C) Alternative countries.--If the government of 
                the country designated in subparagraph (A) or (B) is 
                unwilling to accept the alien into that country's 
                territory, removal shall be to any of the following 
                countries, as directed by the Attorney General:
                            ``(i) The country of which the alien is a 
                        citizen, subject, or national.
                            ``(ii) The country in which the alien was 
                        born.
                            ``(iii) The country in which the alien has 
                        a residence.
                            ``(iv) A country with a government that 
                        will accept the alien into the country's 
                        territory if removal to each country described 
                        in a previous clause of this subparagraph is 
                        impracticable, inadvisable, or impossible.
            ``(2) Other aliens.--Subject to paragraph (3)--
                    ``(A) Selection of country by alien.--Except as 
                otherwise provided in this paragraph--
                            ``(i) any alien not described in paragraph 
                        (1) who has been ordered removed may designate 
                        one country to which the alien wants to be 
                        removed, and
                            ``(ii) the Attorney General shall remove 
                        the alien to the country the alien so 
                        designates.
                    ``(B) Limitation on designation.--An alien may 
                designate under subparagraph (A)(i) a foreign territory 
                contiguous to the United States, an adjacent island, or 
                an island adjacent to a foreign territory contiguous to 
                the United States as the place to which the alien is to 
                be removed only if the alien is a native, citizen, 
                subject, or national of, or has resided in, that 
                designated territory or island.
                    ``(C) Disregarding designation.--The Attorney 
                General may disregard a designation under subparagraph 
                (A)(i) if--
                            ``(i) the alien fails to designate a 
                        country promptly;
                            ``(ii) the government of the country does 
                        not inform the Attorney General finally, within 
                        30 days after the date the Attorney General 
                        first inquires, whether the government will 
                        accept the alien into the country;
                            ``(iii) the government of the country is 
                        not willing to accept the alien into the 
                        country; or
                            ``(iv) the Attorney General decides that 
                        removing the alien to the country is 
                        prejudicial to the United States.
                    ``(D) Alternative country.--If an alien is not 
                removed to a country designated under subparagraph 
                (A)(i), the Attorney General shall remove the alien to 
                a country of which the alien is a subject, national, or 
                citizen unless the government of the country--
                            ``(i) does not inform the Attorney General 
                        or the alien finally, within 30 days after the 
                        date the Attorney General first inquires or 
                        within another period of time the Attorney 
                        General decides is reasonable, whether the 
                        government will accept the alien into the 
                        country; or
                            ``(ii) is not willing to accept the alien 
                        into the country.
                    ``(E) Additional removal countries.--If an alien is 
                not removed to a country under the previous 
                subparagraphs of this paragraph, the Attorney General 
                shall remove the alien to any of the following 
                countries:
                            ``(i) The country from which the alien was 
                        admitted to the United States.
                            ``(ii) The country in which is located the 
                        foreign port from which the alien left for the 
                        United States or for a foreign territory 
                        contiguous to the United States.
                            ``(iii) A country in which the alien 
                        resided before the alien entered the country 
                        from which the alien entered the United States.
                            ``(iv) The country in which the alien was 
                        born.
                            ``(v) The country that had sovereignty over 
                        the alien's birthplace when the alien was born.
                            ``(vi) The country in which the alien's 
                        birthplace is located when the alien is ordered 
                        removed.
                            ``(vii) If impracticable, inadvisable, or 
                        impossible to remove the alien to each country 
                        described in a previous clause of this 
                        subparagraph, another country whose government 
                        will accept the alien into that country.
                    ``(F) Removal country when united states is at 
                war.--When the United States is at war and the Attorney 
                General decides that it is impracticable, inadvisable, 
                inconvenient, or impossible to remove an alien under 
                this subsection because of the war, the Attorney 
                General may remove the alien--
                            ``(i) to the country that is host to a 
                        government in exile of the country of which the 
                        alien is a citizen or subject if the government 
                        of the host country will permit the alien's 
                        entry; or
                            ``(ii) if the recognized government of the 
                        country of which the alien is a citizen or 
                        subject is not in exile, to a country, or a 
                        political or territorial subdivision of a 
                        country, that is very near the country of which 
                        the alien is a citizen or subject, or, with the 
                        consent of the government of the country of 
                        which the alien is a citizen or subject, to 
                        another country.
            ``(3) Restriction on removal to a country where alien's 
        life or freedom would be threatened.--
                    ``(A) In general.--Notwithstanding paragraphs (1) 
                and (2), the Attorney General may not remove an alien 
                to a country if the Attorney General decides that the 
                alien's life or freedom would be threatened in that 
                country because of the alien's race, religion, 
                nationality, membership in a particular social group, 
                or political opinion.
                    ``(B) Exception.--Subparagraph (A) does not apply 
                to an alien deportable under section 237(a)(4)(D) or if 
                the Attorney General decides that--
                            ``(i) the alien ordered, incited, assisted, 
                        or otherwise participated in the persecution of 
                        an individual because of the individual's race, 
                        religion, nationality, membership in a 
                        particular social group, or political opinion;
                            ``(ii) the alien, having been convicted by 
                        a final judgment of a particularly serious 
                        crime is a danger to the community of the 
                        United States;
                            ``(iii) there are serious reasons to 
                        believe that the alien committed a serious 
                        nonpolitical crime outside the United States 
                        before the alien arrived in the United States; 
                        or
                            ``(iv) there are reasonable grounds to 
                        believe that the alien is a danger to the 
                        security of the United States.
                For purposes of clause (ii), an alien who has been 
                convicted of an aggravated felony (or felonies) for 
                which the alien has been sentenced to an aggregate term 
                of imprisonment of at least 5 years shall be considered 
                to have committed a particularly serious crime. The 
                previous sentence shall not preclude the Attorney 
                General from determining that, notwithstanding the 
                length of sentence imposed, an alien has been convicted 
                of a particularly serious crime. For purposes of clause 
                (iv), an alien who is described in section 237(a)(4)(B) 
                shall be considered to be an alien with respect to whom 
                there are reasonable grounds for regarding as a danger 
                to the security of the United States.
    ``(c) Removal of Aliens Arriving at Port of Entry.--
            ``(1) Vessels and aircraft.--An alien arriving at a port of 
        entry of the United States who is ordered removed either 
        without a hearing under section 235(b)(1) or 235(c) or pursuant 
        to proceedings under section 240 initiated at the time of such 
        alien's arrival shall be removed immediately on a vessel or 
        aircraft owned by the owner of the vessel or aircraft on which 
        the alien arrived in the United States, unless--
                    ``(A) it is impracticable to remove the alien on 
                one of those vessels or aircraft within a reasonable 
                time, or
                    ``(B) the alien is a stowaway--
                            ``(i) who has been ordered removed in 
                        accordance with section 235(a)(1),
                            ``(ii) who has requested asylum, and
                            ``(iii) whose application has not been 
                        adjudicated or whose asylum application has 
                        been denied but who has not exhausted all 
                        appeal rights.
            ``(2) Stay of removal.--
                    ``(A) In general.--The Attorney General may stay 
                the removal of an alien under this subsection if the 
                Attorney General decides that--
                            ``(i) immediate removal is not practicable 
                        or proper; or
                            ``(ii) the alien is needed to testify in 
                        the prosecution of a person for a violation of 
                        a law of the United States or of any State.
                    ``(B) Payment of detention costs.--During the 
                period an alien is detained because of a stay of 
                removal under subparagraph (A)(ii), the Attorney 
                General may pay from the appropriation `Immigration and 
                Naturalization Service--Salaries and Expenses'--
                            ``(i) the cost of maintenance of the alien; 
                        and
                            ``(ii) a witness fee of $1 a day.
                    ``(C) Release during stay.--The Attorney General 
                may release an alien whose removal is stayed under 
                subparagraph (A)(ii) on--
                            ``(i) the alien's filing a bond of at least 
                        $500 with security approved by the Attorney 
                        General;
                            ``(ii) condition that the alien appear when 
                        required as a witness and for removal; and
                            ``(iii) other conditions the Attorney 
                        General may prescribe.
            ``(3) Costs of detention and maintenance pending removal.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B) and subsection (d), an owner of a 
                vessel or aircraft bringing an alien to the United 
                States shall pay the costs of detaining and maintaining 
                the alien--
                            ``(i) while the alien is detained under 
                        subsection (d)(1), and
                            ``(ii) in the case of an alien who is a 
                        stowaway, while the alien is being detained 
                        pursuant to--
                                    ``(I) subsection (d)(2)(A) or 
                                (d)(2)(B)(i),
                                    ``(II) subsection (d)(2)(B)(ii) or 
                                (iii) for the period of time reasonably 
                                necessary for the owner to arrange for 
                                repatriation or removal of the 
                                stowaway, including obtaining necessary 
                                travel documents, but not to extend 
                                beyond the date on which it is 
                                ascertained that such travel documents 
                                cannot be obtained from the country to 
                                which the stowaway is to be returned, 
                                or
                                    ``(III) section 235(b)(1)(B)(ii), 
                                for a period not to exceed 15 days 
                                (excluding Saturdays, Sundays, and 
                                holidays) commencing on the first such 
                                day which begins on the earlier of 72 
                                hours after the time of the initial 
                                presentation of the stowaway for 
                                inspection or at the time the stowaway 
                                is determined to have a credible fear 
                                of persecution.
                    ``(B) Nonapplication.--Subparagraph (A) shall not 
                apply if--
                            ``(i) the alien is a crewmember;
                            ``(ii) the alien has an immigrant visa;
                            ``(iii) the alien has a nonimmigrant visa 
                        or other documentation authorizing the alien to 
                        apply for temporary admission to the United 
                        States and applies for admission not later than 
                        120 days after the date the visa or 
                        documentation was issued;
                            ``(iv) the alien has a reentry permit and 
                        applies for admission not later than 120 days 
                        after the date of the alien's last inspection 
                        and admission;
                            ``(v)(I) the alien has a nonimmigrant visa 
                        or other documentation authorizing the alien to 
                        apply for temporary admission to the United 
                        States or a reentry permit;
                            ``(II) the alien applies for admission more 
                        than 120 days after the date the visa or 
                        documentation was issued or after the date of 
                        the last inspection and admission under the 
                        reentry permit; and
                            ``(III) the owner of the vessel or aircraft 
                        satisfies the Attorney General that the 
                        existence of the condition relating to 
                        inadmissibility could not have been discovered 
                        by exercising reasonable care before the alien 
                        boarded the vessel or aircraft; or
                            ``(vi) the individual claims to be a 
                        national of the United States and has a United 
                        States passport.
     ``(d) Requirements of Persons Providing Transportation.--
            ``(1) Removal at time of arrival.--An owner, agent, master, 
        commanding officer, person in charge, purser, or consignee of a 
        vessel or aircraft bringing an alien (except an alien 
        crewmember) to the United States shall--
                    ``(A) receive an alien back on the vessel or 
                aircraft or another vessel or aircraft owned or 
                operated by the same interests if the alien is ordered 
                removed under this part; and
                    ``(B) take the alien to the foreign country to 
                which the alien is ordered removed.
            ``(2) Alien stowaways.--An owner, agent, master, commanding 
        officer, charterer, or consignee of a vessel or aircraft 
        arriving in the United States with an alien stowaway--
                    ``(A) shall detain the alien on board the vessel or 
                aircraft, or at such place as the Attorney General 
                shall designate, until completion of the inspection of 
                the alien by an immigration officer;
                    ``(B) may not permit the stowaway to land in the 
                United States, except pursuant to regulations of the 
                Attorney General temporarily--
                            ``(i) for medical treatment,
                            ``(ii) for detention of the stowaway by the 
                        Attorney General, or
                            ``(iii) for departure or removal of the 
                        stowaway; and
                    ``(C) if ordered by an immigration officer, shall 
                remove the stowaway on the vessel or aircraft or on 
                another vessel or aircraft.
        The Attorney General shall grant a timely request to remove the 
        stowaway under subparagraph (C) on a vessel or aircraft other 
        than that on which the stowaway arrived if the requester has 
        obtained any travel documents necessary for departure or 
        repatriation of the stowaway and removal of the stowaway will 
        not be unreasonably delayed.
            ``(3) Removal upon order.--An owner, agent, master, 
        commanding officer, person in charge, purser, or consignee of a 
        vessel, aircraft, or other transportation line shall comply 
        with an order of the Attorney General to take on board, guard 
        safely, and transport to the destination specified any alien 
        ordered to be removed under this Act.
    ``(e) Payment of Expenses of Removal.--
            ``(1) Costs of removal at time of arrival.--In the case of 
        an alien who is a stowaway or who is ordered removed either 
        without a hearing under section 235(a)(1) or 235(c) or pursuant 
        to proceedings under section 240 initiated at the time of such 
        alien's arrival, the owner of the vessel or aircraft (if any) 
        on which the alien arrived in the United States shall pay the 
        transportation cost of removing the alien. If removal is on a 
        vessel or aircraft not owned by the owner of the vessel or 
        aircraft on which the alien arrived in the United States, the 
        Attorney General may--
                    ``(A) pay the cost from the appropriation 
                `Immigration and Naturalization Service--Salaries and 
                Expenses'; and
                    ``(B) recover the amount of the cost in a civil 
                action from the owner, agent, or consignee of the 
                vessel or aircraft (if any) on which the alien arrived 
                in the United States.
            ``(2) Costs of removal to port of removal for aliens 
        admitted or permitted to land.-- In the case of an alien who 
        has been admitted or permitted to land and is ordered removed, 
        the cost (if any) of removal of the alien to the port of 
        removal shall be at the expense of the appropriation for the 
        enforcement of this Act.
            ``(3) Costs of removal from port of removal for aliens 
        admitted or permitted to land.--
                    ``(A) Through appropriation.--Except as provided in 
                subparagraph (B), in the case of an alien who has been 
                admitted or permitted to land and is ordered removed, 
                the cost (if any) of removal of the alien from the port 
                of removal shall be at the expense of the appropriation 
                for the enforcement of this Act.
                    ``(B) Through owner.--
                            ``(i) In general.--In the case of an alien 
                        described in clause (ii), the cost of removal 
                        of the alien from the port of removal may be 
                        charged to any owner of the vessel, aircraft, 
                        or other transportation line by which the alien 
                        came to the United States.
                            ``(ii) Aliens described.--An alien 
                        described in this clause is an alien who--
                                    ``(I) is admitted to the United 
                                States (other than lawfully admitted 
                                for permanent residence) and is ordered 
                                removed within 5 years of the date of 
                                admission based on a ground that 
                                existed before or at the time of 
                                admission, or
                                    ``(II) is an alien crewman 
                                permitted to land temporarily under 
                                section 252 and is ordered removed 
                                within 5 years of the date of landing.
                    ``(C) Costs of removal of certain aliens granted 
                voluntary departure.--In the case of an alien who has 
                been granted voluntary departure under section 240B and 
                who is financially unable to depart at the alien's own 
                expense and whose removal the Attorney General deems to 
                be in the best interest of the United States, the 
                expense of such removal may be paid from the 
                appropriation for the enforcement of this Act.
    ``(f) Aliens Requiring Personal Care During Removal.--
            ``(1) In general.--If the Attorney General believes that an 
        alien being removed requires personal care because of the 
        alien's mental or physical condition, the Attorney General may 
        employ a suitable person for that purpose who shall accompany 
        and care for the alien until the alien arrives at the final 
        destination.
            ``(2) Costs.--The costs of providing the service described 
        in paragraph (1) shall be defrayed in the same manner as the 
        expense of removing the accompanied alien is defrayed under 
        this section.
    ``(g) Places of Detention.--
            ``(1) In general.--The Attorney General shall arrange for 
        appropriate places of detention for aliens detained pending 
        removal or a decision on removal. When United States Government 
        facilities are unavailable or facilities adapted or suitably 
        located for detention are unavailable for rental, the Attorney 
        General may expend from the appropriation `Immigration and 
        Naturalization Service--Salaries and Expenses', without regard 
        to section 3709 of the Revised Statutes (41 U.S.C. 5), amounts 
        necessary to acquire land and to acquire, build, remodel, 
        repair, and operate facilities (including living quarters for 
        immigration officers if not otherwise available) necessary for 
        detention.
            ``(2) Detention facilities of the immigration and 
        naturalization service.--Prior to initiating any project for 
        the construction of any new detention facility for the Service, 
        the Commissioner shall consider the availability for purchase 
        or lease of any existing prison, jail, detention center, or 
        other comparable facility suitable for such use.
    ``(h) Statutory Construction.--Nothing in this section shall be 
construed to create any substantive or procedural right or benefit that 
is legally enforceable by any party against the United States or its 
agencies or officers or any other person.''.
    (b) Reentry of Alien Removed Prior to Completion of Term of 
Imprisonment.--Section 276(b) (8 U.S.C. 1326(b)), as amended by section 
321(b) of this division, is amended--
            (1) by striking ``or'' at the end of paragraph (2),
            (2) by adding ``or'' at the end of paragraph (3), and
            (3) by inserting after paragraph (3) the following new 
        paragraph:
            ``(4) who was removed from the United States pursuant to 
        section 241(a)(4)(B) who thereafter, without the permission of 
        the Attorney General, enters, attempts to enter, or is at any 
        time found in, the United States (unless the Attorney General 
        has expressly consented to such alien's reentry) shall be fined 
        under title 18, United States Code, imprisoned for not more 
        than 10 years, or both.
    (c) Miscellaneous Conforming Amendment.--Section 212(a)(4) (8 
U.S.C. 1182(a)(4)), as amended by section 621(a) of this division, is 
amended by striking ``241(a)(5)(B)'' each place it appears and 
inserting ``237(a)(5)(B)''.

SEC. 306. APPEALS FROM ORDERS OF REMOVAL (NEW SECTION 242).

    (a) In General.--Section 242 (8 U.S.C. 1252) is amended--
            (1) by redesignating subsection (j) as subsection (i) and 
        by moving such subsection and adding it at the end of section 
        241, as inserted by section 305(a)(3) of this division; and
            (2) by amending the remainder of section 242 to read as 
        follows:

                 ``judicial review of orders of removal

    ``Sec. 242. (a) Applicable Provisions.--
            ``(1) General orders of removal.--Judicial review of a 
        final order of removal (other than an order of removal without 
        a hearing pursuant to section 235(b)(1)) is governed only by 
        chapter 158 of title 28 of the United States Code, except as 
        provided in subsection (b) and except that the court may not 
        order the taking of additional evidence under section 2347(c) 
        of such title.
            ``(2) Matters not subject to judicial review.--
                    ``(A) Review relating to section 235(b)(1).--
                Notwithstanding any other provision of law, no court 
                shall have jurisdiction to review--
                            ``(i) except as provided in subsection (e), 
                        any individual determination or to entertain 
                        any other cause or claim arising from or 
                        relating to the implementation or operation of 
                        an order of removal pursuant to section 
                        235(b)(1),
                            ``(ii) except as provided in subsection 
                        (e), a decision by the Attorney General to 
                        invoke the provisions of such section,
                            ``(iii) the application of such section to 
                        individual aliens, including the determination 
                        made under section 235(b)(1)(B), or
                            ``(iv) except as provided in subsection 
                        (e), procedures and policies adopted by the 
                        Attorney General to implement the provisions of 
                        section 235(b)(1).
                    ``(B) Denials of discretionary relief.--
                Notwithstanding any other provision of law, no court 
                shall have jurisdiction to review--
                            ``(i) any judgment regarding the granting 
                        of relief under section 212(h), 212(i), 240A, 
                        240B, or 245, or
                            ``(ii) any other decision or action of the 
                        Attorney General the authority for which is 
                        specified under this title to be in the 
                        discretion of the Attorney General, other than 
                        the granting of relief under section 208(a).
                    ``(C) Orders against criminal aliens.--
                Notwithstanding any other provision of law, no court 
                shall have jurisdiction to review any final order of 
                removal against an alien who is removable by reason of 
                having committed a criminal offense covered in section 
                212(a)(2) or 237(a)(2)(A)(iii), (B), (C), or (D), or 
                any offense covered by section 237(a)(2)(A)(ii) for 
                which both predicate offenses are, without regard to 
                their date of commission, otherwise covered by section 
                237(a)(2)(A)(i).
            ``(3) Treatment of certain decisions.--No alien shall have 
        a right to appeal from a decision of an immigration judge which 
        is based solely on a certification described in section 
        240(c)(1)(B).
    ``(b) Requirements for Review of Orders of Removal.--With respect 
to review of an order of removal under subsection (a)(1), the following 
requirements apply:
            ``(1) Deadline.--The petition for review must be filed not 
        later than 30 days after the date of the final order of 
        removal.
            ``(2) Venue and forms.--The petition for review shall be 
        filed with the court of appeals for the judicial circuit in 
        which the immigration judge completed the proceedings. The 
        record and briefs do not have to be printed. The court of 
        appeals shall review the proceeding on a typewritten record and 
        on typewritten briefs.
            ``(3) Service.--
                    ``(A) In general.--The respondent is the Attorney 
                General. The petition shall be served on the Attorney 
                General and on the officer or employee of the Service 
                in charge of the Service district in which the final 
                order of removal under section 240 was entered.
                    ``(B) Stay of order.--Service of the petition on 
                the officer or employee does not stay the removal of an 
                alien pending the court's decision on the petition, 
                unless the court orders otherwise.
                    ``(C) Alien's brief.--The alien shall serve and 
                file a brief in connection with a petition for judicial 
                review not later than 40 days after the date on which 
                the administrative record is available, and may serve 
                and file a reply brief not later than 14 days after 
                service of the brief of the Attorney General, and the 
                court may not extend these deadlines except upon motion 
                for good cause shown. If an alien fails to file a brief 
                within the time provided in this paragraph, the court 
                shall dismiss the appeal unless a manifest injustice 
                would result.
            ``(4) Scope and standard for review.--Except as provided in 
        paragraph (5)(B)--
                    ``(A) the court of appeals shall decide the 
                petition only on the administrative record on which the 
                order of removal is based,
                    ``(B) the administrative findings of fact are 
                conclusive unless any reasonable adjudicator would be 
                compelled to conclude to the contrary,
                    ``(C) a decision that an alien is not eligible for 
                admission to the United States is conclusive unless 
                manifestly contrary to law, and
                    ``(D) the Attorney General's discretionary judgment 
                whether to grant relief under section 208(a) shall be 
                conclusive unless manifestly contrary to the law and an 
                abuse of discretion.
            ``(5) Treatment of nationality claims.--
                    ``(A) Court determination if no issue of fact.--If 
                the petitioner claims to be a national of the United 
                States and the court of appeals finds from the 
                pleadings and affidavits that no genuine issue of 
                material fact about the petitioner's nationality is 
                presented, the court shall decide the nationality 
                claim.
                    ``(B) Transfer if issue of fact.--If the petitioner 
                claims to be a national of the United States and the 
                court of appeals finds that a genuine issue of material 
                fact about the petitioner's nationality is presented, 
                the court shall transfer the proceeding to the district 
                court of the United States for the judicial district in 
                which the petitioner resides for a new hearing on the 
                nationality claim and a decision on that claim as if an 
                action had been brought in the district court under 
                section 2201 of title 28, United States Code.
                    ``(C) Limitation on determination.--The petitioner 
                may have such nationality claim decided only as 
                provided in this paragraph.
            ``(6) Consolidation with review of motions to reopen or 
        reconsider.--When a petitioner seeks review of an order under 
        this section, any review sought of a motion to reopen or 
        reconsider the order shall be consolidated with the review of 
        the order.
            ``(7) Challenge to validity of orders in certain criminal 
        proceedings.--
                    ``(A) In general.--If the validity of an order of 
                removal has not been judicially decided, a defendant in 
                a criminal proceeding charged with violating section 
                243(a) may challenge the validity of the order in the 
                criminal proceeding only by filing a separate motion 
                before trial. The district court, without a jury, shall 
                decide the motion before trial.
                    ``(B) Claims of united states nationality.--If the 
                defendant claims in the motion to be a national of the 
                United States and the district court finds that--
                            ``(i) no genuine issue of material fact 
                        about the defendant's nationality is presented, 
                        the court shall decide the motion only on the 
                        administrative record on which the removal 
                        order is based and the administrative findings 
                        of fact are conclusive if supported by 
                        reasonable, substantial, and probative evidence 
                        on the record considered as a whole; or
                            ``(ii) a genuine issue of material fact 
                        about the defendant's nationality is presented, 
                        the court shall hold a new hearing on the 
                        nationality claim and decide that claim as if 
                        an action had been brought under section 2201 
                        of title 28, United States Code.

                The defendant may have such nationality claim decided 
                only as provided in this subparagraph.
                    ``(C) Consequence of invalidation.--If the district 
                court rules that the removal order is invalid, the 
                court shall dismiss the indictment for violation of 
                section 243(a). The United States Government may appeal 
                the dismissal to the court of appeals for the 
                appropriate circuit within 30 days after the date of 
                the dismissal.
                    ``(D) Limitation on filing petitions for review.--
                The defendant in a criminal proceeding under section 
                243(a) may not file a petition for review under 
                subsection (a) during the criminal proceeding.
            ``(8) Construction.--This subsection--
                    ``(A) does not prevent the Attorney General, after 
                a final order of removal has been issued, from 
                detaining the alien under section 241(a);
                    ``(B) does not relieve the alien from complying 
                with section 241(a)(4) and section 243(g); and
                    ``(C) does not require the Attorney General to 
                defer removal of the alien.
            ``(9) Consolidation of questions for judicial review.--
        Judicial review of all questions of law and fact, including 
        interpretation and application of constitutional and statutory 
        provisions, arising from any action taken or proceeding brought 
        to remove an alien from the United States under this title 
        shall be available only in judicial review of a final order 
        under this section.
    ``(c) Requirements for Petition.--A petition for review or for 
habeas corpus of an order of removal--
            ``(1) shall attach a copy of such order, and
            ``(2) shall state whether a court has upheld the validity 
        of the order, and, if so, shall state the name of the court, 
        the date of the court's ruling, and the kind of proceeding.
    ``(d) Review of Final Orders.--A court may review a final order of 
removal only if--
            ``(1) the alien has exhausted all administrative remedies 
        available to the alien as of right, and
            ``(2) another court has not decided the validity of the 
        order, unless the reviewing court finds that the petition 
        presents grounds that could not have been presented in the 
        prior judicial proceeding or that the remedy provided by the 
        prior proceeding was inadequate or ineffective to test the 
        validity of the order.
    ``(e) Judicial Review of Orders Under Section 235(b)(1).--
            ``(1) Limitations on relief.--Without regard to the nature 
        of the action or claim and without regard to the identity of 
        the party or parties bringing the action, no court may--
                    ``(A) enter declaratory, injunctive, or other 
                equitable relief in any action pertaining to an order 
                to exclude an alien in accordance with section 
                235(b)(1) except as specifically authorized in a 
                subsequent paragraph of this subsection, or
                    ``(B) certify a class under Rule 23 of the Federal 
                Rules of Civil Procedure in any action for which 
                judicial review is authorized under a subsequent 
                paragraph of this subsection.
            ``(2) Habeas corpus proceedings.--Judicial review of any 
        determination made under section 235(b)(1) is available in 
        habeas corpus proceedings, but shall be limited to 
        determinations of--
                    ``(A) whether the petitioner is an alien,
                    ``(B) whether the petitioner was ordered removed 
                under such section, and
                    ``(C) whether the petitioner can prove by a 
                preponderance of the evidence that the petitioner is an 
                alien lawfully admitted for permanent residence, has 
                been admitted as a refugee under section 207, or has 
                been granted asylum under section 208, such status not 
                having been terminated, and is entitled to such further 
                inquiry as prescribed by the Attorney General pursuant 
                to section 235(b)(1)(C).
            ``(3) Challenges on validity of the system.--
                    ``(A) In general.--Judicial review of 
                determinations under section 235(b) and its 
                implementation is available in an action instituted in 
                the United States District Court for the District of 
                Columbia, but shall be limited to determinations of--
                            ``(i) whether such section, or any 
                        regulation issued to implement such section, is 
                        constitutional; or
                            ``(ii) whether such a regulation, or a 
                        written policy directive, written policy 
                        guideline, or written procedure issued by or 
                        under the authority of the Attorney General to 
                        implement such section, is not consistent with 
                        applicable provisions of this title or is 
                        otherwise in violation of law.
                    ``(B) Deadlines for bringing actions.--Any action 
                instituted under this paragraph must be filed no later 
                than 60 days after the date the challenged section, 
                regulation, directive, guideline, or procedure 
                described in clause (i) or (ii) of subparagraph (A) is 
                first implemented.
                    ``(C) Notice of appeal.--A notice of appeal of an 
                order issued by the District Court under this paragraph 
                may be filed not later than 30 days after the date of 
                issuance of such order.
                    ``(D) Expeditious consideration of cases.--It shall 
                be the duty of the District Court, the Court of 
                Appeals, and the Supreme Court of the United States to 
                advance on the docket and to expedite to the greatest 
                possible extent the disposition of any case considered 
                under this paragraph.
            ``(4) Decision.--In any case where the court determines 
        that the petitioner--
                    ``(A) is an alien who was not ordered removed under 
                section 235(b)(1), or
                    ``(B) has demonstrated by a preponderance of the 
                evidence that the alien is an alien lawfully admitted 
                for permanent residence, has been admitted as a refugee 
                under section 207, or has been granted asylum under 
                section 208, the court may order no remedy or relief 
                other than to require that the petitioner be provided a 
                hearing in accordance with section 240. Any alien who 
                is provided a hearing under section 240 pursuant to 
                this paragraph may thereafter obtain judicial review of 
                any resulting final order of removal pursuant to 
                subsection (a)(1).
            ``(5) Scope of inquiry.--In determining whether an alien 
        has been ordered removed under section 235(b)(1), the court's 
        inquiry shall be limited to whether such an order in fact was 
        issued and whether it relates to the petitioner. There shall be 
        no review of whether the alien is actually inadmissible or 
        entitled to any relief from removal.
    ``(f) Limit on Injunctive Relief.--
            ``(1) In general.--Regardless of the nature of the action 
        or claim or of the identity of the party or parties bringing 
        the action, no court (other than the Supreme Court) shall have 
        jurisdiction or authority to enjoin or restrain the operation 
        of the provisions of chapter 4 of title II, as amended by the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996, other than with respect to the application of such 
        provisions to an individual alien against whom proceedings 
        under such chapter have been initiated.
            ``(2) Particular cases.--Notwithstanding any other 
        provision of law, no court shall enjoin the removal of any 
        alien pursuant to a final order under this section unless the 
        alien shows by clear and convincing evidence that the entry or 
        execution of such order is prohibited as a matter of law.
    ``(g) Exclusive Jurisdiction.--Except as provided in this section 
and notwithstanding any other provision of law, no court shall have 
jurisdiction to hear any cause or claim by or on behalf of any alien 
arising from the decision or action by the Attorney General to commence 
proceedings, adjudicate cases, or execute removal orders against any 
alien under this Act.''.
    (b) Repeal of Section 106.--Section 106 (8 U.S.C. 1105a) is 
repealed.
    (c) Effective Date.--
            (1) In general.--Subject to paragraph (2), the amendments 
        made by subsections (a) and (b) shall apply to all final orders 
        of deportation or removal and motions to reopen filed on or 
        after the date of the enactment of this Act and subsection (g) 
        of section 242 of the Immigration and Nationality Act (as added 
        by subsection (a)), shall apply without limitation to claims 
        arising from all past, pending, or future exclusion, 
        deportation, or removal proceedings under such Act.
            (2) Limitation.--Paragraph (1) shall not be considered to 
        invalidate or to require the reconsideration of any judgment or 
        order entered under section 106 of the Immigration and 
        Nationality Act, as amended by section 440 of Public Law 104-
        132.
    (d) Technical Amendment.--Effective as if included in the enactment 
of the Antiterrorism and Effective Death Penalty Act of 1996 (Public 
Law 104-132), subsections (a), (c), (d), (g), and (h) of section 440 of 
such Act are amended by striking ``any offense covered by section 
241(a)(2)(A)(ii) for which both predicate offenses are covered by 
section 241(a)(2)(A)(i)'' and inserting ``any offense covered by 
section 241(a)(2)(A)(ii) for which both predicate offenses are, without 
regard to the date of their commission, otherwise covered by section 
241(a)(2)(A)(i)''.

SEC. 307. PENALTIES RELATING TO REMOVAL (REVISED SECTION 243).

    (a) In General.--Section 243 (8 U.S.C. 1253) is amended to read as 
follows:

                     ``penalties related to removal

    ``Sec. 243. (a) Penalty for Failure To Depart.--
            ``(1) In general.--Any alien against whom a final order of 
        removal is outstanding by reason of being a member of any of 
        the classes described in section 237(a), who--
                    ``(A) willfully fails or refuses to depart from the 
                United States within a period of 90 days from the date 
                of the final order of removal under administrative 
                processes, or if judicial review is had, then from the 
                date of the final order of the court,
                    ``(B) willfully fails or refuses to make timely 
                application in good faith for travel or other documents 
                necessary to the alien's departure,
                    ``(C) connives or conspires, or takes any other 
                action, designed to prevent or hamper or with the 
                purpose of preventing or hampering the alien's 
                departure pursuant to such, or
                    ``(D) willfully fails or refuses to present himself 
                or herself for removal at the time and place required 
                by the Attorney General pursuant to such order,
        shall be fined under title 18, United States Code, or 
        imprisoned not more than four years (or 10 years if the alien 
        is a member of any of the classes described in paragraph 
        (1)(E), (2), (3), or (4) of section 237(a)), or both.
            ``(2) Exception.--It is not a violation of paragraph (1) to 
        take any proper steps for the purpose of securing cancellation 
        of or exemption from such order of removal or for the purpose 
        of securing the alien's release from incarceration or custody.
            ``(3) Suspension.--The court may for good cause suspend the 
        sentence of an alien under this subsection and order the 
        alien's release under such conditions as the court may 
        prescribe. In determining whether good cause has been shown to 
        justify releasing the alien, the court shall take into account 
        such factors as--
                    ``(A) the age, health, and period of detention of 
                the alien;
                    ``(B) the effect of the alien's release upon the 
                national security and public peace or safety;
                    ``(C) the likelihood of the alien's resuming or 
                following a course of conduct which made or would make 
                the alien deportable;
                    ``(D) the character of the efforts made by such 
                alien himself and by representatives of the country or 
                countries to which the alien's removal is directed to 
                expedite the alien's departure from the United States;
                    ``(E) the reason for the inability of the 
                Government of the United States to secure passports, 
                other travel documents, or removal facilities from the 
                country or countries to which the alien has been 
                ordered removed; and
                    ``(F) the eligibility of the alien for 
                discretionary relief under the immigration laws.
    ``(b) Willful Failure To Comply with Terms of Release Under 
Supervision.--An alien who shall willfully fail to comply with 
regulations or requirements issued pursuant to section 241(a)(3) or 
knowingly give false information in response to an inquiry under such 
section shall be fined not more than $1,000 or imprisoned for not more 
than one year, or both.
    ``(c) Penalties Relating To Vessels and Aircraft.--
            ``(1) Civil penalties.--
                    ``(A) Failure to carry out certain orders.--If the 
                Attorney General is satisfied that a person has 
                violated subsection (d) or (e) of section 241, the 
                person shall pay to the Commissioner the sum of $2,000 
                for each violation.
                    ``(B) Failure to remove alien stowaways.--If the 
                Attorney General is satisfied that a person has failed 
                to remove an alien stowaway as required under section 
                241(d)(2), the person shall pay to the Commissioner the 
                sum of $5,000 for each alien stowaway not removed.
                    ``(C) No compromise.--The Attorney General may not 
                compromise the amount of such penalty under this 
                paragraph.
            ``(2) Clearing vessels and aircraft.--
                    ``(A) Clearance before decision on liability.--A 
                vessel or aircraft may be granted clearance before a 
                decision on liability is made under paragraph (1) only 
                if a bond approved by the Attorney General or an amount 
                sufficient to pay the civil penalty is deposited with 
                the Commissioner.
                    ``(B) Prohibition on clearance while penalty 
                unpaid.--A vessel or aircraft may not be granted 
                clearance if a civil penalty imposed under paragraph 
                (1) is not paid.
    ``(d) Discontinuing Granting Visas to Nationals of Country Denying 
or Delaying Accepting Alien.--On being notified by the Attorney General 
that the government of a foreign country denies or unreasonably delays 
accepting an alien who is a citizen, subject, national, or resident of 
that country after the Attorney General asks whether the government 
will accept the alien under this section, the Secretary of State shall 
order consular officers in that foreign country to discontinue granting 
immigrant visas or nonimmigrant visas, or both, to citizens, subjects, 
nationals, and residents of that country until the Attorney General 
notifies the Secretary that the country has accepted the alien.''.

SEC. 308. REDESIGNATION AND REORGANIZATION OF OTHER PROVISIONS; 
              ADDITIONAL CONFORMING AMENDMENTS.

    (a) Conforming Amendment to Table of Contents; Overview of 
Reorganized Chapters.--The table of contents, as amended by sections 
123(b) and 671(e)(1) of this division, is amended--
            (1) by striking the item relating to section 106, and
            (2) by striking the item relating to chapter 4 of title II 
        and all that follows through the item relating 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.
``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. ``chapter 5--adjustment and change of status''.
    (b) Reorganization of Other Provisions.--Chapters 4 and 5 of title 
II are amended as follows:
            (1) Amending chapter heading.--Amend the heading for 
        chapter 4 of title II to read as follows:

  ``Chapter 4--Inspection, Apprehension, Examination, Exclusion, and 
                               Removal''.

            (2) Redesignating section 232 as section 232(a).--Amend 
        section 232 (8 U.S.C. 1222)--
                    (A) by inserting ``(a) Detention of Aliens.--'' 
                after ``Sec. 232.'', and
                    (B) by amending the section heading to read as 
                follows:

      ``detention of aliens for physical and mental examination''.

            (3) Redesignating section 234 as section 232(b).--Amend 
        section 234 (8 U.S.C. 1224)--
                    (A) by striking the heading,
                    (B) by striking ``Sec. 234.'' and inserting the 
                following: ``(b) Physical and Mental Examination.--'', 
                and
                    (C) by moving such provision to the end of section 
                232.
            (4) Redesignating section 238 as section 233.--Redesignate 
        section 238 (8 U.S.C. 1228) as section 233 and move the section 
        to immediately follow section 232.
            (5) Redesignating section 242a as section 238.--Redesignate 
        section 242A as section 238, strike ``deportation'' in its 
        heading and insert ``removal'', and move the section to 
        immediately follow section 237 (as redesignated by section 
        305(a)(2)).
            (6) Striking section 242b.--Strike section 242B (8 U.S.C. 
        1252b).
            (7) Striking section 244 and redesignating section 244a as 
        section 244.--Strike section 244 (8 U.S.C. 1254) and 
        redesignate section 244A as section 244.
            (8) Amending chapter heading.--Amend the heading for 
        chapter 5 of title II to read as follows:

            ``Chapter 5--Adjustment and Change of Status''.

    (c) Additional Conforming Amendments.--
            (1) Expedited procedures for aggravated felons (former 
        section 242a).--Section 238 (which, previous to redesignation 
        under section 308(b)(5) of this division, was section 242A) is 
        amended--
                    (A) in subsection (a)(1), by striking ``section 
                242'' and inserting ``section 240'';
                    (B) in subsection (a)(2), by striking ``section 
                242(a)(2)'' and inserting ``section 236(c)''; and
                    (C) in subsection (b)(1), by striking ``section 
                241(a)(2)(A)(iii)'' and inserting ``section 
                237(a)(2)(A)(iii)''.
            (2) Treatment of certain helpless aliens.--
                    (A) Certification of helpless aliens.--Section 232 
                (8 U.S.C. 1222), as amended by section 308(b)(2) of 
                this division, is further amended by adding at the end 
                the following new subsection:
    ``(c) Certification of Certain Helpless Aliens.--If an examining 
medical officer determines that an alien arriving in the United States 
is inadmissible, is helpless from sickness, mental or physical 
disability, or infancy, and is accompanied by another alien whose 
protection or guardianship may be required, the officer may certify 
such fact for purposes of applying section 212(a)(10)(B) with respect 
to the other alien.''.
                    (B) Ground of inadmissibility for protection and 
                guardianship of aliens denied admission for health or 
                infancy.--Subparagraph (B) of section 212(a)(10) (8 
                U.S.C. 1182(a)(10)), as redesignated by section 
                301(a)(1) of this division, is amended to read as 
                follows:
                    ``(B) Guardian required to accompany helpless 
                alien.--Any alien--
                            ``(i) who is accompanying another alien who 
                        is inadmissible and who is certified to be 
                        helpless from sickness, mental or physical 
                        disability, or infancy pursuant to section 
                        232(c), and
                            ``(ii) whose protection or guardianship is 
                        determined to be required by the alien 
                        described in clause (i),
                is inadmissible.''.
            (3) Contingent consideration in relation to removal of 
        aliens.--Section 273(a) (8 U.S.C. 1323(a)) is amended--
                    (A) by inserting ``(1)'' after ``(a)'', and
                    (B) by adding at the end the following new 
                paragraph:
    ``(2) It is unlawful for an owner, agent, master, commanding 
officer, person in charge, purser, or consignee of a vessel or aircraft 
who is bringing an alien (except an alien crewmember) to the United 
States to take any consideration to be kept or returned contingent on 
whether an alien is admitted to, or ordered removed from, the United 
States.''.
            (4) Clarification.--(A) Section 238(a)(1), which, previous 
        to redesignation under section 308(b)(5) of this division, was 
        section 242A(a)(1), is amended by adding at the end the 
        following: ``Nothing in this section shall be construed to 
        create any substantive or procedural right or benefit that is 
        legally enforceable by any party against the United States or 
        its agencies or officers or any other person.''.
            (B) Section 225 of the Immigration and Nationality 
        Technical Corrections Act of 1994 (Public Law 103-416) is 
        amended by striking ``and nothing in'' and all that follows up 
        to ``shall''.
    (d) Additional Conforming Amendments Relating to Exclusion and 
Inadmissibility.--
            (1) Section 212.--Section 212 (8 U.S.C. 1182(a)) is 
        amended--
                    (A) in the heading, by striking ``excluded from'' 
                and inserting ``ineligible for'';
                    (B) in the matter in subsection (a) before 
                paragraph (1), by striking all that follows ``(a)'' and 
                inserting the following: ``Classes of Aliens Ineligible 
                for Visas or Admission.--Except as otherwise provided 
                in this Act, aliens who are inadmissible under the 
                following paragraphs are ineligible to receive visas 
                and ineligible to be admitted to the United States:'';
                    (C) in subsection (a), by striking ``is 
                excludable'' and inserting ``is inadmissible'' each 
                place it appears;
                    (D) in subsections (a)(5)(C) (before redesignation 
                by section 343(c)(1) of this division), (d)(1), and 
                (k), by striking ``exclusion'' and inserting 
                ``inadmissibility'';
                    (E) in subsections (b), (d)(3), (h)(1)(A)(i), and 
                (k), by striking ``excludable'' each place it appears 
                and inserting ``inadmissible'';
                    (F) in subsection (b)(2), by striking ``or 
                ineligible for entry'';
                    (G) in subsection (d)(7), by striking ``excluded 
                from'' and inserting ``denied''; and
                    (H) in subsection (h)(1)(B), by striking 
                ``exclusion'' and inserting ``denial of admission''.
            (2) Section 241.--Section 241 (8 U.S.C. 1251), before 
        redesignation as section 237 by section 305(a)(2) of this 
        division, is amended--
                    (A) in subsection (a)(1)(H), by striking 
                ``excludable'' and inserting ``inadmissible'';
                    (B) in subsection (a)(4)(C)(ii), by striking 
                ``excludability'' and inserting ``inadmissibility'';
                    (C) in subsection (c), by striking ``exclusion'' 
                and inserting ``inadmissibility''; and
                    (D) effective upon enactment of this Act, by 
                striking subsection (d), as added by section 414(a) of 
                the Antiterrorism and Effective Death Penalty Act of 
                1996 (P.L. 104-132).
            (3) Other general references.--The following provisions are 
        amended by striking ``excludability'' and ``excludable'' each 
        place each appears and inserting ``inadmissibility'' and 
        ``inadmissible'', respectively:
                    (A) Sections 101(f)(3), 213, 234 (before 
                redesignation by section 308(b) of this division), 
                241(a)(1) (before redesignation by section 305(a)(2) of 
                this division), 272(a), 277, 286(h)(2)(A)(v), and 
                286(h)(2)(A)(vi).
                    (B) Section 601(c) of the Immigration Act of 1990.
                    (C) Section 128 of the Foreign Relations 
                Authorization Act, Fiscal Years 1992 and 1993 (Public 
                Law 102-138).
                    (D) Section 1073 of the National Defense 
                Authorization Act for Fiscal Year 1995 (Public Law 103-
                337).
                    (E) Section 221 of the Immigration and Nationality 
                Technical Corrections Act of 1994 (Public Law 103-416).
            (4) Related terms.--
                    (A) Section 101(a)(17) (8 U.S.C. 1101(a)(17)) is 
                amended by striking ``or expulsion'' and inserting 
                ``expulsion, or removal''.
                    (B) Section 102 (8 U.S.C. 1102) is amended by 
                striking ``exclusion or deportation'' and inserting 
                ``removal''.
                    (C) Section 103(c)(2) (8 U.S.C. 1103(c)(2)) is 
                amended by striking ``been excluded or deported'' and 
                inserting ``not been admitted or have been removed''.
                    (D) Section 206 (8 U.S.C. 1156) is amended by 
                striking ``excluded from admission to the United States 
                and deported'' and inserting ``denied admission to the 
                United States and removed''.
                    (E) Section 216(f) (8 U.S.C. 1186a) is amended by 
                striking ``exclusion'' and inserting 
                ``inadmissibility''.
                    (F) Section 217 (8 U.S.C. 1187) is amended by 
                striking ``excluded from admission'' and inserting 
                ``denied admission at the time of arrival'' each place 
                it appears.
                    (G) Section 221(f) (8 U.S.C. 1201) is amended by 
                striking ``exclude'' and inserting ``deny admission 
                to''.
                    (H) Section 232(a) (8 U.S.C. 1222(a)), as 
                redesignated by subsection (b)(2), is amended by 
                striking ``excluded by'' and ``the excluded classes'' 
                and inserting ``inadmissible under'' and ``inadmissible 
                classes'', respectively.
                    (I)(i) Section 272 (8 U.S.C. 1322) is amended--
                            (I) by striking ``exclusion'' in the 
                        heading and inserting ``denial of admission'',
                            (II) in subsection (a), by striking 
                        ``excluding condition'' and inserting 
                        ``condition causing inadmissibility'', and
                            (III) in subsection (c), by striking 
                        ``excluding''.
                    (ii) The item in the table of contents relating to 
                such section is amended by striking ``exclusion'' and 
                inserting ``denial of admission''.
                    (J) Section 276(a) (8 U.S.C. 1326(a)) is amended--
                            (i) in paragraph (1), as amended by section 
                        324(a) of this division--
                                    (I) by striking ``arrested and 
                                deported, has been excluded and 
                                deported,'' and inserting ``denied 
                                admission, excluded, deported, or 
                                removed'', and
                                    (II) by striking ``exclusion or 
                                deportation'' and inserting 
                                ``exclusion, deportation, or removal''; 
                                and
                            (ii) in paragraph (2)(B), by striking 
                        ``excluded and deported'' and inserting 
                        ``denied admission and removed''.
                    (K) Section 286(h)(2)(A)(vi) (8 U.S.C. 
                1356(h)(2)(A)(vi)) is amended by striking ``exclusion'' 
                each place it appears and inserting ``removal''.
                    (L) Section 287 (8 U.S.C. 1357) is amended--
                            (i) in subsection (a), by striking ``or 
                        expulsion'' each place it appears and inserting 
                        ``expulsion, or removal'', and
                            (ii) in subsection (c), by striking 
                        ``exclusion from'' and inserting ``denial of 
                        admission to''.
                    (M) Section 290(a) (8 U.S.C. 1360(a)) is amended by 
                striking ``admitted to the United States, or excluded 
                therefrom'' each place it appears and inserting 
                ``admitted or denied admission to the United States''.
                    (N) Section 291 (8 U.S.C. 1361) is amended by 
                striking ``subject to exclusion'' and inserting 
                ``inadmissible'' each place it appears.
                    (O) Section 292 (8 U.S.C. 1362) is amended by 
                striking ``exclusion or deportation'' each place it 
                appears and inserting ``removal''.
                    (P) Section 360 (8 U.S.C. 1503) is amended--
                            (i) in subsection (a), by striking 
                        ``exclusion'' each place it appears and 
                        inserting ``removal'', and
                            (ii) in subsection (c), by striking 
                        ``excluded from'' and inserting ``denied''.
                    (Q) Section 507(b)(2)(D) (8 U.S.C. 1537(b)(2)(D)) 
                is amended by striking ``exclusion because such alien 
                is excludable'' and inserting ``removal because such 
                alien is inadmissible''.
                    (R) Section 301(a)(1) of the Immigration Act of 
                1990 is amended by striking ``exclusion'' and inserting 
                ``inadmissibility''.
                    (S) Section 401(c) of the Refugee Act of 1980 is 
                amended by striking ``deportation or exclusion'' and 
                inserting ``removal''.
                    (T) Section 501(e)(2) of the Refugee Education 
                Assistance Act of 1980 (Public Law 96-422) is amended--
                            (i) by striking ``exclusion or 
                        deportation'' each place it appears and 
                        inserting ``removal'', and
                            (ii) by striking ``deportation or 
                        exclusion'' each place it appears and inserting 
                        ``removal''.
                    (U) Section 4113(c) of title 18, United States 
                Code, is amended by striking ``exclusion and 
                deportation'' and inserting ``removal''.
            (5) Repeal of superseded provision.--Effective as of the 
        date of the enactment of the Antiterrorism and Effective Death 
        Penalty Act of 1996, section 422 of such Act is repealed and 
        the Immigration and Nationality Act shall be applied as if such 
        section had not been enacted.
    (e) Revision of Terminology Relating to Deportation.--
            (1) Each of the following is amended by striking 
        ``deportation'' each place it appears and inserting 
        ``removal'':
                    (A) Subparagraphs (A)(iii)(II), (A)(iv)(II), and 
                (B)(iii)(II) of section 204(a)(1) (8 U.S.C. 
                1154(a)(1)).
                    (B) Section 212(d)(1) (8 U.S.C. 1182(d)(1)).
                    (C) Section 212(d)(11) (8 U.S.C. 1182(d)(11)).
                    (D) Section 214(k)(4)(C) (8 U.S.C. 1184(k)(4)(C)), 
                as redesignated by section 671(a)(3)(A) of this 
                division.
                    (E) Section 241(a)(1)(H) (8 U.S.C. 1251(a)(1)(H)), 
                before redesignation as section 237 by section 
                305(a)(2) of this division.
                    (F) Section 242A (8 U.S.C. 1252a), before 
                redesignation as section 238 by subsection (b)(5).
                    (G) Subsections (a)(3) and (b)(5)(B) of section 
                244A (8 U.S.C. 1254a), before redesignation as section 
                244 by subsection (b)(7).
                    (H) Section 246(a) (8 U.S.C. 1256(a)).
                    (I) Section 254 (8 U.S.C. 1284).
                    (J) Section 263(a)(4) (8 U.S.C. 1303(a)(4)).
                    (K) Section 276(b) (8 U.S.C. 1326(b)).
                    (L) Section 286(h)(2)(A)(v) (8 U.S.C. 
                1356(h)(2)(A)(v)).
                    (M) Section 287(g) (8 U.S.C. 1357(g)) (as added by 
                section 122 of this division).
                    (N) Section 291 (8 U.S.C. 1361).
                    (O) Section 318 (8 U.S.C. 1429).
                    (P) Section 130005(a) of the Violent Crime Control 
                and Law Enforcement Act of 1994 (Public Law 103-322).
                    (Q) Section 4113(b) of title 18, United States 
                Code.
            (2) Each of the following is amended by striking 
        ``deported'' each place it appears and inserting ``removed'':
                    (A) Section 212(d)(7) (8 U.S.C. 1182(d)(7)).
                    (B) Section 214(d) (8 U.S.C. 1184(d)).
                    (C) Section 241(a) (8 U.S.C. 1251(a)), before 
                redesignation as section 237 by section 305(a)(2) of 
                this division.
                    (D) Section 242A(c)(2)(D)(iv) (8 U.S.C. 
                1252a(c)(2)(D)(iv)), as amended by section 671(b)(13) 
                of this division but before redesignation as section 
                238 by subsection (b)(5).
                    (E) Section 252(b) (8 U.S.C. 1282(b)).
                    (F) Section 254 (8 U.S.C. 1284).
                    (G) Subsections (b) and (c) of section 266 (8 
                U.S.C. 1306).
                    (H) Section 301(a)(1) of the Immigration Act of 
                1990.
                    (I) Section 4113 of title 18, United States Code.
            (3) Section 101(g) (8 U.S.C. 1101(g)) is amended by 
        inserting ``or removed'' after ``deported'' each place it 
        appears.
            (4) Section 103(c)(2) (8 U.S.C. 1103(c)(2)) is amended by 
        striking ``suspension of deportation'' and inserting 
        ``cancellation of removal''.
            (5) Section 201(b)(1)(D) (8 U.S.C. 1151(b)(1)(D)) is 
        amended by striking ``deportation is suspended'' and inserting 
        ``removal is canceled''.
            (6) Section 212(l)(2)(B) (8 U.S.C. 1182(l)(2)(B)) is 
        amended by striking ``deportation against'' and inserting 
        ``removal of''.
            (7) Subsections (b)(2), (c)(2)(B), (c)(3)(D), (c)(4)(A), 
        and (d)(2)(C) of section 216 (8 U.S.C. 1186a) are each amended 
        by striking ``deportation'', ``deportation'', ``deport'', and 
        ``deported'' each place each appears and inserting ``removal'', 
        ``removal'', ``remove'', and ``removed'', respectively.
            (8) Subsections (b)(2), (c)(2)(B), (c)(3)(D), and (d)(2)(C) 
        of section 216A (8 U.S.C. 1186b) are each amended by striking 
        ``deportation'', ``deportation'', ``deport'', and ``deported'' 
        and inserting ``removal'', ``removal'', ``remove'', and 
        ``removed'', respectively.
            (9) Section 217(b)(2) (8 U.S.C. 1187(b)(2)) is amended by 
        striking ``deportation against'' and inserting ``removal of''.
            (10) Section 242A (8 U.S.C. 1252a), before redesignation as 
        section 238 by subsection (b)(6), is amended, in the headings 
        to various subdivisions, by striking ``Deportation'' and 
        ``deportation'' and inserting ``Removal'' and ``removal'', 
        respectively.
            (11) Section 244A(a)(1)(A) (8 U.S.C. 1254a(a)(1)(A)), 
        before redesignation as section 244 by subsection (b)(8), is 
        amended--
                    (A) in subsection (a)(1)(A), by striking ``deport'' 
                and inserting ``remove'', and
                    (B) in subsection (e), by striking ``Suspension of 
                Deportation'' and inserting ``Cancellation of 
                Removal''.
            (12) Section 254 (8 U.S.C. 1284) is amended by striking 
        ``deport'' each place it appears and inserting ``remove''.
            (13) Section 273(d) (8 U.S.C. 1323(d)) is repealed.
            (14)(A) Section 276 (8 U.S.C. 1326) is amended by striking 
        ``deported'' and inserting ``removed''.
            (B) The item in the table of contents relating to such 
        section is amended by striking ``deported'' and inserting 
        ``removed''.
            (15) Section 318 (8 U.S.C. 1429) is amended by striking 
        ``suspending'' and inserting ``canceling''.
            (16) Section 301(a) of the Immigration Act of 1990 is 
        amended by striking ``Deportation'' and inserting ``Removal''.
            (17) The heading of section 130005 of the Violent Crime 
        Control and Law Enforcement Act of 1994 (Public Law 103-322) is 
        amended by striking ``DEPORTATION'' and inserting ``REMOVAL''.
            (18) Section 9 of the Peace Corps Act (22 U.S.C. 2508) is 
        amended by striking ``deported'' and all that follows through 
        ``Deportation'' and inserting ``removed pursuant to chapter 4 
        of title II of the Immigration and Nationality Act''.
            (19) Section 8(c) of the Foreign Agents Registration Act 
        (22 U.S.C. 618(c)) is amended by striking ``deportation'' and 
        all that follows and inserting ``removal pursuant to chapter 4 
        of title II of the Immigration and Nationality Act.''.
    (f) Revision of References to Entry.--
            (1) The following provisions are amended by striking 
        ``entry'' and inserting ``admission'' each place it appears:
                    (A) Section 101(a)(15)(K) (8 U.S.C. 
                1101(a)(15)(K)).
                    (B) Section 101(a)(30) (8 U.S.C. 1101(a)(30)).
                    (C) Section 212(a)(2)(D) (8 U.S.C. 1182(a)(2)(D)).
                    (D) Section 212(a)(6)(C)(i) (8 U.S.C. 
                1182(a)(6)(C)(i)).
                    (E) Section 212(h)(1)(A)(i) (8 U.S.C. 
                1182(h)(1)(A)(i)).
                    (F) Section 212(j)(1)(D) (8 U.S.C. 1182(j)(1)(D)).
                    (G) Section 214(c)(2)(A) (8 U.S.C. 1184(c)(2)(A)).
                    (H) Section 214(d) (8 U.S.C. 1184(d)).
                    (I) Section 216(b)(1)(A)(i) (8 U.S.C. 
                1186a(b)(1)(A)(i)).
                    (J) Section 216(d)(1)(A)(i)(III) (8 U.S.C. 
                1186a(d)(1)(A)(i)(III)).
                    (K) Subsection (b) of section 240 (8 U.S.C. 1230), 
                before redesignation as section 240C by section 
                304(a)(2) of this division.
                    (L) Subsection (a)(1)(G) of section 241 (8 U.S.C. 
                1251), before redesignation as section 237 by section 
                305(a)(2) of this division.
                    (M) Subsection (a)(1)(H) of section 241 (8 U.S.C. 
                1251), before redesignation as section 237 by section 
                305(a)(2) of this division, other than the last time it 
                appears.
                    (N) Paragraphs (2) and (4) of subsection (a) of 
                section 241 (8 U.S.C. 1251), before redesignation as 
                section 237 by section 305(a)(2) of this division.
                    (O) Section 245(e)(3) (8 U.S.C. 1255(e)(3)).
                    (P) Section 247(a) (8 U.S.C. 1257(a)).
                    (Q) Section 601(c)(2) of the Immigration Act of 
                1990.
            (2) The following provisions are amended by striking 
        ``enter'' and inserting ``be admitted'':
                    (A) Section 204(e) (8 U.S.C. 1154(e)).
                    (B) Section 221(h) (8 U.S.C. 1201(h)).
                    (C) Section 245(e)(2) (8 U.S.C. 1255(e)(2)).
            (3) The following provisions are amended by striking 
        ``enters'' and inserting ``is admitted to'':
                    (A) Section 212(j)(1)(D)(ii) (8 U.S.C. 1154(e)).
                    (B) Section 214(c)(5)(B) (8 U.S.C. 1184(c)(5)(B)).
            (4) Subsection (a) of section 238 (8 U.S.C. 1228), before 
        redesignation as section 233 by section 308(b)(4) of this 
        division, is amended by striking ``entry and inspection'' and 
        inserting ``inspection and admission''.
            (5) Subsection (a)(1)(H)(ii) of section 241 (8 U.S.C. 
        1251), before redesignation as section 237 by section 305(a)(2) 
        of this division, is amended by striking ``at entry''.
            (6) Section 7 of the Central Intelligence Agency Act of 
        1949 (50 U.S.C. 403h) is amended by striking ``that the 
        entry'', ``given entry into'', and ``entering'' and inserting 
        ``that the admission'', ``admitted to'', and ``admitted to''.
            (7) Section 4 of the Atomic Weapons and Special Nuclear 
        Materials Rewards Act (50 U.S.C. 47c) is amended by striking 
        ``entry'' and inserting ``admission''.
    (g) Conforming References to Reorganized Sections.--
            (1) References to sections 232, 234, 238, 239, 240, 241, 
        242a, and 244a.--Any reference in law in effect on the day 
        before the date of the enactment of this Act to section 232, 
        234, 238, 239, 240, 241, 242A, or 244A of the Immigration and 
        Nationality Act (or a subdivision of such section) is deemed, 
        as of the title III-A effective date, to refer to section 
        232(a), 232(b), 233, 234, 234A, 237, 238, or 244 of such Act 
        (or the corresponding subdivision of such section), as 
        redesignated by this subtitle. Any reference in law to section 
        241 (or a subdivision of such section) of the Immigration and 
        Nationality Act in an amendment made by a subsequent subtitle 
        of this title is deemed a reference (as of the title III-A 
        effective date) to section 237 (or the corresponding 
        subdivision of such section), as redesignated by this subtitle.
            (2) References to section 106.--
                    (A) Sections 242A(b)(3) and 242A(c)(3)(A)(ii) (8 
                U.S.C. 1252a(b)(3), 1252a(c)(3)(A)(ii)), as amended by 
                section 671(b)(13) of this division but before 
                redesignation as section 238 by subsection (b)(5), are 
                each amended by striking ``106'' and inserting ``242''.
                    (B) Sections 210(e)(3)(A) and 245A(f)(4)(A) (8 
                U.S.C. 1160(e)(3)(A), 1255a(f)(4)(A)) are amended by 
                inserting ``(as in effect before October 1, 1996)'' 
                after ``106''.
                    (C) Section 242A(c)(3)(A)(iii) (8 U.S.C. 
                1252a(c)(3)(A)(iii)), as amended by section 671(b)(13) 
                of this division but before redesignation as section 
                238 by subsection (b)(5), is amended by striking 
                ``106(a)(1)'' and inserting ``242(b)(1)''.
            (3) References to section 236.--
                    (A) Sections 205 and 209(a)(1) (8 U.S.C. 1155, 
                1159(a)(1)) are each amended by striking ``236'' and 
                inserting ``240''.
                    (B) Section 4113(c) of title 18, United States 
                Code, is amended by striking ``1226 of title 8, United 
                States Code'' and inserting ``240 of the Immigration 
                and Nationality Act''.
            (4) References to section 237.--
                    (A) Section 209(a)(1) (8 U.S.C. 1159(a)(1)) is 
                amended by striking ``237'' and inserting ``241''.
                    (B) Section 212(d)(7) (8 U.S.C. 1182(d)(7)) is 
                amended by striking ``237(a)'' and inserting 
                ``241(c)''.
                    (C) Section 280(a) (8 U.S.C. 1330(a)) is amended by 
                striking ``237, 239, 243'' and inserting ``234, 
                243(c)(2)''.
            (5) References to section 242.--
                    (A)(i) Sections 214(d), 252(b), and 287(f)(1) (8 
                U.S.C. 1184(d), 1282(b), 1357(f)(1)) are each amended 
                by striking ``242'' and inserting ``240''.
                    (ii) Subsection (c)(4) of section 242A (8 U.S.C. 
                1252a), as amended by section 671(b)(13) of this 
                division but before redesignation as section 238 by 
                subsection (b)(5), are each amended by striking ``242'' 
                and inserting ``240''.
                    (iii) Section 245A(a)(1)(B) (8 U.S.C. 
                1255a(a)(1)(B)) is amended by inserting ``(as in effect 
                before October 1, 1996)'' after ``242''.
                    (iv) Section 4113 of title 18, United States Code, 
                is amended--
                            (I) in subsection (a), by striking 
                        ``section 1252(b) or section 1254(e) of title 
                        8, United States Code,'' and inserting 
                        ``section 240B of the Immigration and 
                        Nationality Act''; and
                            (II) in subsection (b), by striking 
                        ``section 1252 of title 8, United States 
                        Code,'' and inserting ``section 240 of the 
                        Immigration and Nationality Act''.
                    (B) Section 130002(a) of Public Law 103-322, as 
                amended by section 345 of this division, is amended by 
                striking ``242(a)(3)(A)'' and inserting ``236(d)''.
                    (C) Section 242A(b)(1) (8 U.S.C. 1252a(b)(1)), 
                before redesignation as section 238 by section 
                308(b)(5) of this division, is amended by striking 
                ``242(b)'' and inserting ``240''.
                    (D) Section 242A(c)(2)(D)(ii) (8 U.S.C. 
                1252a(c)(2)(D)(ii)), as amended by section 671(b)(13) 
                of this division but before redesignation as section 
                238 by subsection (b)(5), is amended by striking 
                ``242(b)'' and inserting ``240''.
                    (E) Section 1821(e) of title 28, United States 
                Code, is amended by striking ``242(b)'' and inserting 
                ``240''.
                    (F) Section 130007(a) of Public Law 103-322 is 
                amended by striking ``242(i)'' and inserting 
                ``239(d)''.
                    (G) Section 20301(c) of Public Law 103-322 is 
                amended by striking ``242(j)(5)'' and ``242(j)'' and 
                inserting ``241(h)(5)'' and ``241(h)'', respectively.
            (6) References to section 242b.--
                    (A) Section 303(d)(2) of the Immigration Act of 
                1990 is amended by striking ``242B'' and inserting 
                ``240(b)(5)''.
                    (B) Section 545(g)(1)(B) of the Immigration Act of 
                1990 is amended by striking ``242B(a)(4)'' and 
                inserting ``239(a)(4)''.
            (7) References to section 243.--
                    (A) Section 214(d) (8 U.S.C. 1184(d)) is amended by 
                striking ``243'' and inserting ``241''.
                    (B) Section 504(k)(2) (8 U.S.C. 1534(k)(2)) is 
                amended by striking ``withholding of deportation under 
                section 243(h)'' and inserting ``by withholding of 
                removal under section 241(b)(3)''.
                    (C)(i) Section 315(c) of the Immigration Reform and 
                Control Act of 1986 is amended by striking ``243(g)'' 
                and ``1253(g)''and inserting ``243(d)'' and ``1253(d)'' 
                respectively.
                    (ii) Section 702(b) of the Departments of Commerce, 
                Justice, and State, the Judiciary, and Related Agencies 
                Appropriations Act, 1988 is amended by striking 
                ``243(g)'' and inserting ``243(d)''.
                    (iii) Section 903(b) of Public Law 100-204 is 
                amended by striking ``243(g)'' and inserting 
                ``243(d)''.
                    (D)(i) Section 6(f)(2)(F) of the Food Stamp Act of 
                1977 (7 U.S.C. 2015(f)(2)(F)) is amended by striking 
                ``243(h)'' and inserting ``241(b)(3)''.
                    (ii) Section 214(a)(5) of the Housing and Community 
                Development Act of 1980 (42 U.S.C. 1436a(a)(5)) is 
                amended by striking ``243(h)'' and inserting 
                ``241(b)(3)''.
                    (E)(i) Subsection (c)(2)(B)(ii) of section 244A (8 
                U.S.C. 1254a), before redesignated as section 244 by 
                section 308(b)(7), is amended by striking ``243(h)(2)'' 
                and inserting ``208(b)(2)(A)''.
                    (ii) Section 301(e)(2) of the Immigration Act of 
                1990 is amended by striking ``243(h)(2)'' and inserting 
                ``208(b)(2)(A)''.
                    (F) Section 316(f) (8 U.S.C. 1427(f)) is amended by 
                striking ``subparagraphs (A) through (D) of paragraph 
                243(h)(2)'' and inserting ``clauses (i) through (v) of 
                section 208(b)(2)(A)''.
            (8) References to section 244.--
                    (A)(i) Section 201(b)(1)(D) (8 U.S.C. 
                1151(b)(1)(D)) and subsection (e) of section 244A (8 
                U.S.C. 1254a), before redesignation as section 244 by 
                section 308(b)(7) of this division, are each amended by 
                striking ``244(a)'' and inserting ``240A(a)''.
                    (ii) Section 304(c)(1)(B) of the Miscellaneous and 
                Technical Immigration and Naturalization Amendments of 
                1991 (Public Law 102-232) is amended by striking 
                ``244(a)'' and inserting ``240A(a)''.
                    (B) Section 504(k)(3) (8 U.S.C. 1534(k)(3)) is 
                amended by striking ``suspension of deportation under 
                subsection (a) or (e) of section 244'' and inserting 
                ``cancellation of removal under section 240A''.
                    (C) Section 304(c)(1)(B) of the Miscellaneous and 
                Technical Immigration and Naturalization Amendments of 
                1991 (Public Law 102-232) is amended by striking 
                ``244(b)(2)'' and inserting ``240A(b)(2)''.
                    (D) Section 364(a)(2) of this division is amended 
                by striking ``244(a)(3)'' and inserting ``240A(a)(3)''.
                    (E) Section 431(c)(1)(B)(iii) of the Personal 
                Responsibility and Work Opportunity Reconciliation Act 
                of 1996, as added by section 501 of this division, is 
                amended by striking ``suspension of deportation and 
                adjustment of status pursuant to section 244(a)(3) of 
                such Act'' and inserting ``cancellation of removal 
                under section 240A of such Act''.
            (9) References to chapter 5.--
                    (A) Sections 266(b), 266(c), and 291 (8 U.S.C. 
                1306(b), 1306(c), 1361) are each amended by striking 
                ``chapter 5'' and inserting ``chapter 4''.
                    (B) Section 6(b) of the Act of August 1, 1956 (50 
                U.S.C. 855(b)) is amended by striking ``chapter 5, 
                title II, of the Immigration and Nationality Act (66 
                Stat. 163)'' and inserting ``chapter 4 of title II of 
                the Immigration and Nationality Act''.
            (10) Miscellaneous cross-reference corrections for newly 
        added provisions.--
                    (A) Section 212(h), as amended by section 301(h) of 
                this division, is amended by striking ``section 
                212(c)'' and inserting ``paragraphs (1) and (2) of 
                section 240A(a)''.
                    (B) Section 245(c)(6), as amended by section 332(d) 
                of this division, is amended by striking 
                ``241(a)(4)(B)'' and inserting ``237(a)(4)(B)''.
                    (C) Section 249(d), as amended by section 332(e) of 
                this division, is amended by striking ``241(a)(4)(B)'' 
                and inserting ``237(a)(4)(B)''.
                    (D) Section 274C(d)(7), as added by section 212(d) 
                of this division, is amended by striking ``withholding 
                of deportation under section 243(h)'' and inserting 
                ``withholding of removal under section 241(b)(3)''.
                    (E) Section 3563(b)(21) of title 18, United States 
                Code, as inserted by section 374(b) of this division, 
                is amended by striking ``242A(d)(5)'' and inserting 
                ``238(d)(5)''.
                    (F) Section 130007(a) of the Violent Crime Control 
                and Law Enforcement Act of 1994 (Public Law 103-322), 
                as amended by section 671(a)(6) of this division, is 
                amended by striking ``242A(a)(3)'' and inserting 
                ``238(a)(3)''.
                    (G) Section 386(b) of this division is amended by 
                striking ``excludable'' and ``excludable'' and 
                inserting ``inadmissible'' and ``inadmissible'', 
                respectively, each place each appears.
                    (H) Subsections (a), (c), (d), (g), and (h) of 
                section 440 of the Antiterrorism and Effective Death 
                Penalty Act of 1996 (Public Law 104-132), as amended by 
                section 306(d) of this division, are amended by 
                striking ``241(a)(2)(A)(ii)'' and ``241(a)(2)(A)(i)'' 
                and inserting ``237(a)(2)(A)(ii)'' and 
                ``237(a)(2)(A)(i)'', respectively.

SEC. 309. EFFECTIVE DATES; TRANSITION.

    (a) In General.--Except as provided in this section and sections 
303(b)(2), 306(c), 308(d)(2)(D), or 308(d)(5) of this division, this 
subtitle and the amendments made by this subtitle shall take effect on 
the first day of the first month beginning more than 180 days after the 
date of the enactment of this Act (in this title referred to as the 
``title III-A effective date'').
    (b) Promulgation of Regulations.--The Attorney General shall first 
promulgate regulations to carry out this subtitle by not later than 30 
days before the title III-A effective date.
    (c) Transition for Aliens in Proceedings.--
            (1) General rule that new rules do not apply.--Subject to 
        the succeeding provisions of this subsection, in the case of an 
        alien who is in exclusion or deportation proceedings as of the 
        title III-A effective date--
                    (A) the amendments made by this subtitle shall not 
                apply, and
                    (B) the proceedings (including judicial review 
                thereof) shall continue to be conducted without regard 
                to such amendments.
            (2) Attorney general option to elect to apply new 
        procedures.--In a case described in paragraph (1) in which an 
        evidentiary hearing under section 236 or 242 and 242B of the 
        Immigration and Nationality Act has not commenced as of the 
        title III-A effective date, the Attorney General may elect to 
        proceed under chapter 4 of title II of such Act (as amended by 
        this subtitle). The Attorney General shall provide notice of 
        such election to the alien involved not later than 30 days 
        before the date any evidentiary hearing is commenced. If the 
        Attorney General makes such election, the notice of hearing 
        provided to the alien under section 235 or 242(a) of such Act 
        shall be valid as if provided under section 239 of such Act (as 
        amended by this subtitle) to confer jurisdiction on the 
        immigration judge.
            (3) Attorney general option to terminate and reinitiate 
        proceedings.--In the case described in paragraph (1), the 
        Attorney General may elect to terminate proceedings in which 
        there has not been a final administrative decision and to 
        reinitiate proceedings under chapter 4 of title II the 
        Immigration and Nationality Act (as amended by this subtitle). 
        Any determination in the terminated proceeding shall not be 
        binding in the reinitiated proceeding.
            (4) Transitional changes in judicial review.--In the case 
        described in paragraph (1) in which a final order of exclusion 
        or deportation is entered more than 30 days after the date of 
        the enactment of this Act, notwithstanding any provision of 
        section 106 of the Immigration and Nationality Act (as in 
        effect as of the date of the enactment of this Act) to the 
        contrary--
                    (A) in the case of judicial review of a final order 
                of exclusion, subsection (b) of such section shall not 
                apply and the action for judicial review shall be 
                governed by the provisions of subsections (a) and (c) 
                of such in the same manner as they apply to judicial 
                review of orders of deportation;
                    (B) a court may not order the taking of additional 
                evidence under section 2347(c) of title 28, United 
                States Code;
                    (C) the petition for judicial review must be filed 
                not later than 30 days after the date of the final 
                order of exclusion or deportation;
                    (D) the petition for review shall be filed with the 
                court of appeals for the judicial circuit in which the 
                administrative proceedings before the special inquiry 
                officer or immigration judge were completed;
                    (E) there shall be no appeal of any discretionary 
                decision under section 212(c), 212(h), 212(i), 244, or 
                245 of the Immigration and Nationality Act (as in 
                effect as of the date of the enactment of this Act);
                    (F) service of the petition for review shall not 
                stay the deportation of an alien pending the court's 
                decision on the petition, unless the court orders 
                otherwise; and
                    (G) there shall be no appeal permitted in the case 
                of an alien who is inadmissible or deportable by reason 
                of having committed a criminal offense covered in 
                section 212(a)(2) or section 241(a)(2)(A)(iii), (B), 
                (C), or (D) of the Immigration and Nationality Act (as 
                in effect as of the date of the enactment of this Act), 
                or any offense covered by section 241(a)(2)(A)(ii) of 
                such Act (as in effect on such date) for which both 
                predicate offenses are, without regard to their date of 
                commission, otherwise covered by section 
                241(a)(2)(A)(i) of such Act (as so in effect).
            (5) Transitional rule with regard to suspension of 
        deportation.--Paragraphs (1) and (2) of section 240A(d) of the 
        Immigration and Nationality Act (relating to continuous 
        residence or physical presence) shall apply to notices to 
        appear issued before, on, or after the date of the enactment of 
        this Act.
            (6) Transition for certain family unity aliens.--The 
        Attorney General may waive the application of section 212(a)(9) 
        of the Immigration and Nationality Act, as inserted by section 
        301(b)(1) of this division, in the case of an alien who is 
        provided benefits under the provisions of section 301 of the 
        Immigration Act of 1990 (relating to family unity).
            (7) Limitation on suspension of deportation.--The Attorney 
        General may not suspend the deportation and adjust the status 
        under section 244 of the Immigration and Nationality Act of 
        more than 4,000 aliens in any fiscal year (beginning after the 
        date of the enactment of this Act). The previous sentence shall 
        apply regardless of when an alien applied for such suspension 
        and adjustment.
    (d) Transitional References.--For purposes of carrying out the 
Immigration and Nationality Act, as amended by this subtitle--
            (1) any reference in section 212(a)(1)(A) of such Act to 
        the term ``inadmissible'' is deemed to include a reference to 
        the term ``excludable'', and
            (2) any reference in law to an order of removal shall be 
        deemed to include a reference to an order of exclusion and 
        deportation or an order of deportation.
    (e) Transition.--No period of time before the date of the enactment 
of this Act shall be included in the period of 1 year described in 
section 212(a)(6)(B)(i) of the Immigration and Nationality Act (as 
amended by section 301(c) of this division).

                 Subtitle B--Criminal Alien Provisions

SEC. 321. AMENDED DEFINITION OF AGGRAVATED FELONY.

    (a) In General.--Section 101(a)(43) (8 U.S.C. 1101(a)(43)), as 
amended by section 441(e) of the Antiterrorism and Effective Death 
Penalty Act of 1996 (P.L. 104-132), is amended--
            (1) in subparagraph (A), by inserting ``, rape, or sexual 
        abuse of a minor'' after ``murder'';
            (2) in subparagraph (D), by striking ``$100,000'' and 
        inserting ``$10,000'';
            (3) in subparagraphs (F), (G), (N), and (P), by striking 
        ``is at least 5 years'' each place it appears and inserting 
        ``at least one year'';
            (4) in subparagraph (J), by striking ``sentence of 5 years' 
        imprisonment'' and inserting ``sentence of one year 
        imprisonment'';
            (5) in subparagraph (K)(ii), by inserting ``if committed'' 
        before ``for commercial advantage'';
            (6) in subparagraph (L)--
                    (A) by striking ``or'' at the end of clause (i),
                    (B) by inserting ``or'' at the end of clause (ii), 
                and
                    (C) by adding at the end the following new clause:
                            ``(iii) section 601 of the National 
                        Security Act of 1947 (relating to protecting 
                        the identity of undercover agents);'';
            (7) in subparagraph (M), by striking ``$200,000'' each 
        place it appears and inserting ``$10,000'';
            (8) in subparagraph (N), by striking ``for which the term'' 
        and all that follows and inserting the following: ``, except in 
        the case of a first offense for which the alien has 
        affirmatively shown that the alien committed the offense for 
        the purpose of assisting, abetting, or aiding only the alien's 
        spouse, child, or parent (and no other individual) to violate a 
        provision of this Act'';
            (9) in subparagraph (P), by striking ``18 months'' and 
        inserting ``12 months, except in the case of a first offense 
        for which the alien has affirmatively shown that the alien 
        committed the offense for the purpose of assisting, abetting, 
        or aiding only the alien's spouse, child, or parent (and no 
        other individual) to violate a provision of this Act'';
            (10) in subparagraph (R), by striking ``for which a 
        sentence of 5 years' imprisonment or more may be imposed'' and 
        inserting ``for which the term of imprisonment is at least one 
        year''; and
            (11) in subparagraph (S), by striking ``for which a 
        sentence of 5 years' imprisonment or more may be imposed'' and 
        inserting ``for which the term of imprisonment is at least one 
        year''.
    (b) Effective Date of Definition.--Section 101(a)(43) (8 U.S.C. 
1101(a)(43)) is amended by adding at the end the following new 
sentence: ``Notwithstanding any other provision of law (including any 
effective date), the term applies regardless of whether the conviction 
was entered before, on, or after the date of enactment of this 
paragraph.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to actions taken on or after the date of the enactment of this 
Act, regardless of when the conviction occurred, and shall apply under 
section 276(b) of the Immigration and Nationality Act only to 
violations of section 276(a) of such Act occurring on or after such 
date.

SEC. 322. DEFINITION OF CONVICTION AND TERM OF IMPRISONMENT.

    (a) Definition.--
            (1) In general.--Section 101(a) (8 U.S.C. 1101(a)) is 
        amended by adding at the end the following new paragraph:
    ``(48)(A) The term `conviction' means, with respect to an alien, a 
formal judgment of guilt of the alien entered by a court or, if 
adjudication of guilt has been withheld, where--
            ``(i) a judge or jury has found the alien guilty or the 
        alien has entered a plea of guilty or nolo contendere or has 
        admitted sufficient facts to warrant a finding of guilt, and
            ``(ii) the judge has ordered some form of punishment, 
        penalty, or restraint on the alien's liberty to be imposed.
    ``(B) Any reference to a term of imprisonment or a sentence with 
respect to an offense is deemed to include the period of incarceration 
or confinement ordered by a court of law regardless of any suspension 
of the imposition or execution of that imprisonment or sentence in 
whole or in part.''.
            (2) Conforming amendments.--
                    (A) Section 101(a)(43) (8 U.S.C. 1101(a)(43)) is 
                amended by striking ``imposed (regardless of any 
                suspension of imprisonment)'' each place it appears in 
                subparagraphs (F), (G), (N), and (P).
                    (B) Section 212(a)(2)(B) (8 U.S.C. 1182(a)(2)(B)) 
                is amended by striking ``actually imposed''.
    (b) Reference to Proof Provisions.--For provisions relating to 
proof of convictions, see subparagraphs (B) and (C) of section 
240(c)(3) of the Immigration and Nationality Act, as inserted by 
section 304(a)(3) of this division.
    (c) Effective Date.--The amendments made by subsection (a) shall 
apply to convictions and sentences entered before, on, or after the 
date of the enactment of this Act. Subparagraphs (B) and (C) of section 
240(c)(3) of the Immigration and Nationality Act, as inserted by 
section 304(a)(3) of this division, shall apply to proving such 
convictions.

SEC. 323. AUTHORIZING REGISTRATION OF ALIENS ON CRIMINAL PROBATION OR 
              CRIMINAL PAROLE.

    Section 263(a) (8 U.S.C. 1303(a)) is amended by striking ``and 
(5)'' and inserting ``(5) aliens who are or have been on criminal 
probation or criminal parole within the United States, and (6)''.

SEC. 324. PENALTY FOR REENTRY OF DEPORTED ALIENS.

    (a) In General.--Section 276(a)(1) (8 U.S.C. 1326(a)(1)) is amended 
to read as follows:
            ``(1) has been arrested and deported, has been excluded and 
        deported, or has departed the United States while an order of 
        exclusion or deportation is outstanding, and thereafter''.
    (b) Treatment of Stipulations.--The last sentence of section 276(b) 
(8 U.S.C. 1326(b)) is amended by inserting ``(or not during)'' after 
``during''.
    (c) Effective Date.--The amendment made by subsection (a) shall 
apply to departures that occurred before, on, or after the date of the 
enactment of this Act, but only with respect to entries (and attempted 
entries) occurring on or after such date.

SEC. 325. CHANGE IN FILING REQUIREMENT.

    Section 2424 of title 18, United States Code, is amended--
            (1) in the first undesignated paragraph of subsection (a)--
                    (A) by striking ``alien'' each place it appears;
                    (B) by inserting after ``individual'' the first 
                place it appears the following: ``, knowing or in 
                reckless disregard of the fact that the individual is 
                an alien''; and
                    (C) by striking ``within three years after that 
                individual has entered the United States from any 
                country, party to the arrangement adopted July 25, 
                1902, for the suppression of the white-slave traffic'';
            (2) in the second undesignated paragraph of subsection 
        (a)--
                    (A) by striking ``thirty'' and inserting ``five 
                business''; and
                    (B) by striking ``within three years after that 
                individual has entered the United States from any 
                country, party to the said arrangement for the 
                suppression of the white-slave traffic,''; and
            (3) in the text following the third undesignated paragraph 
        of subsection (a), by striking ``two'' and inserting ``10''.

SEC. 326. CRIMINAL ALIEN IDENTIFICATION SYSTEM.

    Subsection (a) of section 130002 of the Violent Crime Control and 
Law Enforcement Act of 1994 (Public Law 103-322), as amended by section 
432 of Public Law 104-132, is amended to read as follows:
    ``(a) Operation and Purpose.--The Commissioner of Immigration and 
Naturalization shall, under the authority of section 242(a)(3)(A) of 
the Immigration and Nationality Act operate a criminal alien 
identification system. The criminal alien identification system shall 
be used to assist Federal, State, and local law enforcement agencies in 
identifying and locating aliens who may be subject to removal by reason 
of their conviction of aggravated felonies, subject to prosecution 
under section 275 of such Act, not lawfully present in the United 
States, or otherwise removable. Such system shall include providing for 
recording of fingerprint records of aliens who have been previously 
arrested and removed into appropriate automated fingerprint 
identification systems.''.

SEC. 327. APPROPRIATIONS FOR CRIMINAL ALIEN TRACKING CENTER.

    Section 130002(b) of the Violent Crime Control and Law Enforcement 
Act of 1994 (8 U.S.C. 1252 note) is amended--
            (1) by inserting ``and'' after ``1996;'', and
            (2) by striking paragraph (2) and all that follows through 
        the period at the end and inserting the following:
            ``(2) $5,000,000 for each of fiscal years 1997 through 
        2001.''.

SEC. 328. PROVISIONS RELATING TO STATE CRIMINAL ALIEN ASSISTANCE 
              PROGRAM.

    (a) Modification of Authority.--
            (1) In general.--Section 241(i), as redesignated by section 
        306(a)(1) of this division, is amended--
                    (A) in paragraph (3)(A), by striking ``felony and 
                sentenced to a term of imprisonment'' and inserting 
                ``felony or two or more misdemeanors'', and
                    (B) by adding at the end the following new 
                paragraph:
            ``(6) To the extent of available appropriations, funds 
        otherwise made available under this section with respect to a 
        State (or political subdivision, including a municipality) for 
        incarceration of an undocumented criminal alien may, at the 
        discretion of the recipient of the funds, be used for the costs 
        of imprisonment of such alien in a State, local, or municipal 
        prison or jail.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply beginning with fiscal year 1997.
    (b) Sense of the Congress With Respect to Program.--
            (1) Findings.--The Congress finds as follows:
                    (A) Of the $130,000,000 appropriated in fiscal year 
                1995 for the State Criminal Alien Assistance Program, 
                the Department of Justice disbursed the first 
                $43,000,000 to States on October 6, 1994, 32 days 
                before the 1994 general election, and then failed to 
                disburse the remaining $87,000,000 until January 31, 
                1996, 123 days after the end of fiscal year 1995.
                    (B) While H.R. 2880, the continuing appropriation 
                measure funding certain operations of the Federal 
                Government from January 26, 1996 to March 15, 1996, 
                included $66,000,000 to reimburse States for the cost 
                of incarcerating documented illegal immigrant felons, 
                the Department of Justice failed to disburse any of the 
                funds to the States during the period of the continuing 
                appropriation.
            (2) Sense of the congress.--It is the sense of the Congress 
        that--
                    (A) the Department of Justice was disturbingly slow 
                in disbursing fiscal year 1995 funds under the State 
                Criminal Alien Assistance Program to States after the 
                initial grants were released just prior to the 1994 
                election; and
                    (B) the Attorney General should make it a high 
                priority to expedite the disbursement of Federal funds 
                intended to reimburse States for the cost of 
                incarcerating illegal immigrants, aiming for all State 
                Criminal Alien Assistance Program funds to be disbursed 
                during the fiscal year for which they are appropriated.

SEC. 329. DEMONSTRATION PROJECT FOR IDENTIFICATION OF ILLEGAL ALIENS IN 
              INCARCERATION FACILITY OF ANAHEIM, CALIFORNIA.

    (a) Authority.--The Attorney General shall conduct a project 
demonstrating the feasibility of identifying, from among the 
individuals who are incarcerated in local governmental prison 
facilities prior to arraignment on criminal charges, those individuals 
who are aliens unlawfully present in the United States.
    (b) Description of Project.--The project authorized by subsection 
(a) shall include--
            (1) the detail to incarceration facilities within the city 
        of Anaheim, California and the county of Ventura, California, 
        of an employee of the Immigration and Naturalization Service 
        who has expertise in the identification of aliens unlawfully in 
        the United States, and
            (2) provision of funds sufficient to provide for--
                    (A) access for such employee to records of the 
                Service necessary to identify such aliens, and
                    (B) in the case of an individual identified as such 
                an alien, pre-arraignment reporting to the court 
                regarding the Service's intention to remove the alien 
                from the United States.
    (c) Termination.--The authority under this section shall cease to 
be effective 6 months after the date of the enactment of this Act.

SEC. 330. PRISONER TRANSFER TREATIES.

    (a) Negotiations With Other Countries.--(1) Congress advises the 
President to begin to negotiate and renegotiate, not later than 90 days 
after the date of enactment of this Act, bilateral prisoner transfer 
treaties, providing for the incarceration, in the country of the 
alien's nationality, of any alien who--
            (A) is a national of a country that is party to such a 
        treaty; and
            (B) has been convicted of a criminal offense under Federal 
        or State law and who--
                    (i) is not in lawful immigration status in the 
                United States, or
                    (ii) on the basis of conviction for a criminal 
                offense under Federal or State law, or on any other 
                basis, is subject to deportation or removal under the 
                Immigration and Nationality Act,
for the duration of the prison term to which the alien was sentenced 
for the offense referred to in subparagraph (B). Any such agreement may 
provide for the release of such alien pursuant to parole procedures of 
that country.
    (2) In entering into negotiations under paragraph (1), the 
President may consider providing for appropriate compensation, subject 
to the availability of appropriations, in cases where the United States 
is able to independently verify the adequacy of the sites where aliens 
will be imprisoned and the length of time the alien is actually 
incarcerated in the foreign country under such a treaty.
    (b) Sense of Congress.--It is the sense of the Congress that--
            (1) the focus of negotiations for such agreements should 
        be--
                    (A) to expedite the transfer of aliens unlawfully 
                in the United States who are (or are about to be) 
                incarcerated in United States prisons,
                    (B) to ensure that a transferred prisoner serves 
                the balance of the sentence imposed by the United 
                States courts,
                    (C) to eliminate any requirement of prisoner 
                consent to such a transfer, and
                    (D) to allow the Federal Government or the States 
                to keep their original prison sentences in force so 
                that transferred prisoners who return to the United 
                States prior to the completion of their original United 
                States sentences can be returned to custody for the 
                balance of their prison sentences;
            (2) the Secretary of State should give priority to 
        concluding an agreement with any country for which the 
        President determines that the number of aliens described in 
        subsection (a) who are nationals of that country in the United 
        States represents a significant percentage of all such aliens 
        in the United States; and
            (3) no new treaty providing for the transfer of aliens from 
        Federal, State, or local incarceration facilities to a foreign 
        incarceration facility should permit the alien to refuse the 
        transfer.
    (c) Prisoner Consent.--Notwithstanding any other provision of law, 
except as required by treaty, the transfer of an alien from a Federal, 
State, or local incarceration facility under an agreement of the type 
referred to in subsection (a) shall not require consent of the alien.
    (d) Annual Report.--Not later than 90 days after the date of the 
enactment of this Act, and annually thereafter, the Attorney General 
shall submit a report to the Committees on the Judiciary of the House 
of Representatives and of the Senate stating whether each prisoner 
transfer treaty to which the United States is a party has been 
effective in the preceding 12 months in bringing about the return of 
deportable incarcerated aliens to the country of which they are 
nationals and in ensuring that they serve the balance of their 
sentences.
    (e) Training Foreign Law Enforcement Personnel.--(1) Subject to 
paragraph (2), the President shall direct the Border Patrol Academy and 
the Customs Service Academy to enroll for training an appropriate 
number of foreign law enforcement personnel, and shall make 
appointments of foreign law enforcement personnel to such academies, as 
necessary to further the following United States law enforcement goals:
            (A) Preventing of drug smuggling and other cross-border 
        criminal activity.
            (B) Preventing illegal immigration.
            (C) Preventing the illegal entry of goods into the United 
        States (including goods the sale of which is illegal in the 
        United States, the entry of which would cause a quota to be 
        exceeded, or the appropriate duty or tariff for which has not 
        been paid).
    (2) The appointments described in paragraph (1) shall be made only 
to the extent there is capacity in such academies beyond what is 
required to train United States citizens needed in the Border Patrol 
and Customs Service, and only of personnel from a country with which 
the prisoner transfer treaty has been stated to be effective in the 
most recent report referred to in subsection (d).
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 331. PRISONER TRANSFER TREATIES STUDY.

    (a) Report to Congress.--Not later than 180 days after the date of 
the enactment of this Act, the Secretary of State and the Attorney 
General shall submit to the Committees on the Judiciary of the House of 
Representatives and of the Senate a report that describes the use and 
effectiveness of the prisoner transfer treaties with the three 
countries with the greatest number of their nationals incarcerated in 
the United States in removing from the United States such incarcerated 
nationals.
    (b) Use of Treaty.--The report under subsection (a) shall include--
            (1) the number of aliens convicted of a criminal offense in 
        the United States since November 30, 1977, who would have been 
        or are eligible for transfer pursuant to the treaties;
            (2) the number of aliens described in paragraph (1) who 
        have been transferred pursuant to the treaties;
            (3) the number of aliens described in paragraph (2) who 
        have been incarcerated in full compliance with the treaties;
            (4) the number of aliens who are incarcerated in a penal 
        institution in the United States who are eligible for transfer 
        pursuant to the treaties; and
            (5) the number of aliens described in paragraph (4) who are 
        incarcerated in Federal, State, and local penal institutions in 
        the United States.
    (c) Recommendations.--The report under subsection (a) shall include 
the recommendations of the Secretary of State and the Attorney General 
to increase the effectiveness and use of, and full compliance with, the 
treaties. In considering the recommendations under this subsection, the 
Secretary and the Attorney General shall consult with such State and 
local officials in areas disproportionately impacted by aliens 
convicted of criminal offenses as the Secretary and the Attorney 
General consider appropriate. Such recommendations shall address--
            (1) changes in Federal laws, regulations, and policies 
        affecting the identification, prosecution, and deportation of 
        aliens who have committed criminal offenses in the United 
        States;
            (2) changes in State and local laws, regulations, and 
        policies affecting the identification, prosecution, and 
        deportation of aliens who have committed a criminal offense in 
        the United States;
            (3) changes in the treaties that may be necessary to 
        increase the number of aliens convicted of criminal offenses 
        who may be transferred pursuant to the treaties;
            (4) methods for preventing the unlawful reentry into the 
        United States of aliens who have been convicted of criminal 
        offenses in the United States and transferred pursuant to the 
        treaties;
            (5) any recommendations by appropriate officials of the 
        appropriate government agencies of such countries regarding 
        programs to achieve the goals of, and ensure full compliance 
        with, the treaties;
            (6) whether the recommendations under this subsection 
        require the renegotiation of the treaties; and
            (7) the additional funds required to implement each 
        recommendation under this subsection.

SEC. 332. ANNUAL REPORT ON CRIMINAL ALIENS.

    Not later than 12 months after the date of the enactment of this 
Act, and annually thereafter, the Attorney General shall submit to the 
Committees on the Judiciary of the House of Representatives and of the 
Senate a report detailing--
            (1) the number of illegal aliens incarcerated in Federal 
        and State prisons for having committed felonies, stating the 
        number incarcerated for each type of offense;
            (2) the number of illegal aliens convicted of felonies in 
        any Federal or State court, but not sentenced to incarceration, 
        in the year before the report was submitted, stating the number 
        convicted for each type of offense;
            (3) programs and plans underway in the Department of 
        Justice to ensure the prompt removal from the United States of 
        criminal aliens subject to removal; and
            (4) methods for identifying and preventing the unlawful 
        reentry of aliens who have been convicted of criminal offenses 
        in the United States and removed from the United States.

SEC. 333. PENALTIES FOR CONSPIRING WITH OR ASSISTING AN ALIEN TO COMMIT 
              AN OFFENSE UNDER THE CONTROLLED SUBSTANCES IMPORT AND 
              EXPORT ACT.

    (a) Review of Guidelines.--Not later than 6 months after the date 
of the enactment of this Act, the United States Sentencing Commission 
shall conduct a review of the guidelines applicable to an offender who 
conspires with, or aids or abets, a person who is not a citizen or 
national of the United States in committing any offense under section 
1010 of the Controlled Substance Import and Export Act (21 U.S.C. 960).
    (b) Revision of Guidelines.--Following such review, pursuant to 
section 994(p) of title 28, United States Code, the Commission shall 
promulgate sentencing guidelines or amend existing sentencing 
guidelines to ensure an appropriately stringent sentence for such 
offenders.

SEC. 334. ENHANCED PENALTIES FOR FAILURE TO DEPART, ILLEGAL REENTRY, 
              AND PASSPORT AND VISA FRAUD.

    (a) Failing to Depart.--The United States Sentencing Commission 
shall promptly promulgate, pursuant to section 994 of title 28, United 
States Code, amendments to the sentencing guidelines to make 
appropriate increases in the base offense level for offenses under 
section 242(e) and 276(b) of the Immigration and Nationality Act (8 
U.S.C. 1252(e) and 1326(b)) to reflect the amendments made by section 
130001 of the Violent Crime Control and Law Enforcement Act of 1994.
    (b) Passport and Visa Offenses.--The United States Sentencing 
Commission shall promptly promulgate, pursuant to section 994 of title 
28, United States Code, amendments to the sentencing guidelines to make 
appropriate increases in the base offense level for offenses under 
chapter 75 of title 18, United States Code to reflect the amendments 
made by section 130009 of the Violent Crime Control and Law Enforcement 
Act of 1994.

     Subtitle C--Revision of Grounds for Exclusion and Deportation

SEC. 341. PROOF OF VACCINATION REQUIREMENT FOR IMMIGRANTS.

    (a) In General.--Section 212(a)(1)(A) (8 U.S.C. 1182(a)(1)(A)) is 
amended--
            (1) by redesignating clauses (ii) and (iii) as clauses 
        (iii) and (iv), respectively, and
            (2) by inserting after clause (i) the following new clause:
                            ``(ii) who seeks admission as an immigrant, 
                        or who seeks adjustment of status to the status 
                        of an alien lawfully admitted for permanent 
                        residence, and who has failed to present 
                        documentation of having received vaccination 
                        against vaccine-preventable diseases, which 
                        shall include at least the following diseases: 
                        mumps, measles, rubella, polio, tetanus and 
                        diphtheria toxoids, pertussis, influenza type B 
                        and hepatitis B, and any other vaccinations 
                        against vaccine-preventable diseases 
                        recommended by the Advisory Committee for 
                        Immunization Practices,''.
    (b) Waiver.--Section 212(g) (8 U.S.C. 1182(g)) is amended by 
striking ``, or'' at the end of paragraph (1) and all that follows and 
inserting a semicolon and the following:
        ``in accordance with such terms, conditions, and controls, if 
        any, including the giving of bond, as the Attorney General, in 
        the discretion of the Attorney General after consultation with 
        the Secretary of Health and Human Services, may by regulation 
        prescribe;
            ``(2) subsection (a)(1)(A)(ii) in the case of any alien--
                    ``(A) who receives vaccination against the vaccine-
                preventable disease or diseases for which the alien has 
                failed to present documentation of previous 
                vaccination,
                    ``(B) for whom a civil surgeon, medical officer, or 
                panel physician (as those terms are defined by section 
                34.2 of title 42 of the Code of Federal Regulations) 
                certifies, according to such regulations as the 
                Secretary of Health and Human Services may prescribe, 
                that such vaccination would not be medically 
                appropriate, or
                    ``(C) under such circumstances as the Attorney 
                General provides by regulation, with respect to whom 
                the requirement of such a vaccination would be contrary 
                to the alien's religious beliefs or moral convictions; 
                or
            ``(3) subsection (a)(1)(A)(iii) in the case of any alien, 
        in accordance with such terms, conditions, and controls, if 
        any, including the giving of bond, as the Attorney General, in 
        the discretion of the Attorney General after consultation with 
        the Secretary of Health and Human Services, may by regulation 
        prescribe.''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to applications for immigrant visas or for 
adjustment of status filed after September 30, 1996.

SEC. 342. INCITEMENT OF TERRORIST ACTIVITY AND PROVISION OF FALSE 
              DOCUMENTATION TO TERRORISTS AS A BASIS FOR EXCLUSION FROM 
              THE UNITED STATES.

    (a) In General.--Section 212(a)(3)(B) (8 U.S.C. 1182(a)(3)(B)) is 
amended--
            (1) by redesignating subclauses (III) and (IV) of clause 
        (i) as subclauses (IV) and (V), respectively;
            (2) by inserting after subclause (II) of clause (i) the 
        following new subclause:
                                    ``(III) has, under circumstances 
                                indicating an intention to cause death 
                                or serious bodily harm, incited 
                                terrorist activity,''; and
            (3) in clause (iii)(III), by inserting ``documentation or'' 
        before ``identification'';
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
incitement regardless of when it occurs.

SEC. 343. CERTIFICATION REQUIREMENTS FOR FOREIGN HEALTH-CARE WORKERS.

    Section 212(a)(5) (8 U.S.C. 1182(a)(5)) is amended--
            (1) by redesignating subparagraph (C) as subparagraph (D), 
        and
            (2) by inserting after subparagraph (B) the following new 
        subparagraph:
                    ``(C) Uncertified foreign health-care workers.--Any 
                alien who seeks to enter the United States for the 
                purpose of performing labor as a health-care worker, 
                other than a physician, is excludable unless the alien 
                presents to the consular officer, or, in the case of an 
                adjustment of status, the Attorney General, a 
                certificate from the Commission on Graduates of Foreign 
                Nursing Schools, or a certificate from an equivalent 
                independent credentialing organization approved by the 
                Attorney General in consultation with the Secretary of 
                Health and Human Services, verifying that--
                            ``(i) the alien's education, training, 
                        license, and experience--
                                    ``(I) meet all applicable statutory 
                                and regulatory requirements for entry 
                                into the United States under the 
                                classification specified in the 
                                application;
                                    ``(II) are comparable with that 
                                required for an American health-care 
                                worker of the same type; and
                                    ``(III) are authentic and, in the 
                                case of a license, unencumbered;
                            ``(ii) the alien has the level of 
                        competence in oral and written English 
                        considered by the Secretary of Health and Human 
                        Services, in consultation with the Secretary of 
                        Education, to be appropriate for health care 
                        work of the kind in which the alien will be 
                        engaged, as shown by an appropriate score on 
                        one or more nationally recognized, commercially 
                        available, standardized assessments of the 
                        applicant's ability to speak and write; and
                            ``(iii) if a majority of States licensing 
                        the profession in which the alien intends to 
                        work recognize a test predicting the success on 
                        the profession's licensing or certification 
                        examination, the alien has passed such a test 
                        or has passed such an examination.
                For purposes of clause (ii), determination of the 
                standardized tests required and of the minimum scores 
                that are appropriate are within the sole discretion of 
                the Secretary of Health and Human Services and are not 
                subject to further administrative or judicial 
                review.''.

SEC. 344. REMOVAL OF ALIENS FALSELY CLAIMING UNITED STATES CITIZENSHIP.

    (a) Exclusion of Aliens Who Have Falsely Claimed United States 
Citizenship.--Section 212(a)(6)(C) (8 U.S.C. 1182(a)(6)(C)) is 
amended--
            (1) by redesignating clause (ii) as clause (iii), and
            (2) by inserting after clause (i) the following new clause:
                            ``(ii) Falsely claiming citizenship.--Any 
                        alien who falsely represents, or has falsely 
                        represented, himself or herself to be a citizen 
                        of the United States for any purpose or benefit 
                        under this Act (including section 274A) or any 
                        other Federal or State law is excludable.''.
    (b) Deportation of Aliens Who Have Falsely Claimed United States 
Citizenship.--Section 241(a)(3) (8 U.S.C. 1251(a)(3)) is amended by 
adding at the end the following new subparagraph:
                    ``(D) Falsely claiming citizenship.--Any alien who 
                falsely represents, or has falsely represented, himself 
                to be a citizen of the United States for any purpose or 
                benefit under this Act (including section 274A) or any 
                Federal or State law is deportable.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to representations made on or after the date of the enactment of 
this Act.

SEC. 345. WAIVER OF EXCLUSION AND DEPORTATION GROUND FOR CERTAIN 
              SECTION 274C VIOLATORS.

    (a) Exclusion Grounds.--Section 212 (8 U.S.C. 1182) is amended--
            (1) by amending subparagraph (F) of subsection (a)(6) to 
        read as follows:
                    ``(F) Subject of civil penalty.--
                            ``(i) In general.--An alien who is the 
                        subject of a final order for violation of 
                        section 274C is inadmissible.
                            ``(ii) Waiver authorized.--For provision 
                        authorizing waiver of clause (i), see 
                        subsection (d)(12).''; and
            (2) by adding at the end of subsection (d) the following 
        new paragraph:
    ``(12) The Attorney General may, in the discretion of the Attorney 
General for humanitarian purposes or to assure family unity, waive 
application of clause (i) of subsection (a)(6)(F)--
            ``(A) in the case of an alien lawfully admitted for 
        permanent residence who temporarily proceeded abroad 
        voluntarily and not under an order of deportation or removal 
        and who is otherwise admissible to the United States as a 
        returning resident under section 211(b), and
            ``(B) in the case of an alien seeking admission or 
        adjustment of status under section 201(b)(2)(A) or under 
        section 203(a),
if no previous civil money penalty was imposed against the alien under 
section 274C and the offense was committed solely to assist, aid, or 
support the alien's spouse or child (and not another individual). No 
court shall have jurisdiction to review a decision of the Attorney 
General to grant or deny a waiver under this paragraph.''.
    (b) Ground of Deportation.--Subparagraph (C) of section 241(a)(3) 
(8 U.S.C. 1251(a)(3)), before redesignation by section 305(a)(2) of 
this division, is amended to read as follows:
                    ``(C) Document fraud.--
                            ``(i) In general.--An alien who is the 
                        subject of a final order for violation of 
                        section 274C is deportable.
                            ``(ii) Waiver authorized.--The Attorney 
                        General may waive clause (i) in the case of an 
                        alien lawfully admitted for permanent residence 
                        if no previous civil money penalty was imposed 
                        against the alien under section 274C and the 
                        offense was incurred solely to assist, aid, or 
                        support the alien's spouse or child (and no 
                        other individual). No court shall have 
                        jurisdiction to review a decision of the 
                        Attorney General to grant or deny a waiver 
                        under this clause.''.

SEC. 346. INADMISSIBILITY OF CERTAIN STUDENT VISA ABUSERS.

    (a) In General.--Section 212(a)(6) (8 U.S.C. 1182(a)(6)) is amended 
by adding at the end the following new subparagraph:
                    ``(G) Student visa abusers.--An alien who obtains 
                the status of a nonimmigrant under section 
                101(a)(15)(F)(i) and who violates a term or condition 
                of such status under section 214(l) is excludable until 
                the alien has been outside the United States for a 
                continuous period of 5 years after the date of the 
                violation.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to aliens who obtain the status of a nonimmigrant under section 
101(a)(15)(F) of the Immigration and Nationality Act after the end of 
the 60-day period beginning on the date of the enactment of this Act, 
including aliens whose status as such a nonimmigrant is extended after 
the end of such period.

SEC. 347. REMOVAL OF ALIENS WHO HAVE UNLAWFULLY VOTED.

    (a) Exclusion of Aliens Who Have Unlawfully Voted.--Section 
212(a)(10) (8 U.S.C. 1182(a)(10)), as redesignated by section 301(b) of 
this division, is amended by adding at the end the following new 
subparagraph:
                    ``(D) Unlawful voters.--Any alien who has voted in 
                violation of any Federal, State, or local 
                constitutional provision, statute, ordinance, or 
                regulation is excludable.''.
    (b) Deportation of Aliens Who Have Unlawfully Voted.--Section 
241(a) (8 U.S.C. 1251(a)), before redesignation by section 305(a)(2) of 
this division, is amended by adding at the end the following new 
paragraph:
            ``(6) Unlawful voters.--Any alien who has voted in 
        violation of any Federal, State, or local constitutional 
        provision, statute, ordinance, or regulation is deportable.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to voting occurring before, on, or after the date of the 
enactment of this Act.

SEC. 348. WAIVERS FOR IMMIGRANTS CONVICTED OF CRIMES.

    (a) In General.--Section 212(h) (8 U.S.C. 1182(h)) is amended by 
adding at the end the following: ``No waiver shall be granted under 
this subsection in the case of an alien who has previously been 
admitted to the United States as an alien lawfully admitted for 
permanent residence if either since the date of such admission the 
alien has been convicted of an aggravated felony or the alien has not 
lawfully resided continuously in the United States for a period of not 
less than 7 years immediately preceding the date of initiation of 
proceedings to remove the alien from the United States. No court shall 
have jurisdiction to review a decision of the Attorney General to grant 
or deny a waiver under this subsection.''.
    (b) Effective Date.--The amendment made by subsection (a) shall be 
effective on the date of the enactment of this Act and shall apply in 
the case of any alien who is in exclusion or deportation proceedings as 
of such date unless a final administrative order in such proceedings 
has been entered as of such date.

SEC. 349. WAIVER OF MISREPRESENTATION GROUND OF INADMISSIBILITY FOR 
              CERTAIN ALIEN.

    Subsection (i) of section 212 (8 U.S.C. 1182) is amended to read as 
follows:
    ``(i)(1) The Attorney General may, in the discretion of the 
Attorney General, waive the application of clause (i) of subsection 
(a)(6)(C) in the case of an immigrant who is the spouse, son, or 
daughter of a United States citizen or of an alien lawfully admitted 
for permanent residence if it is established to the satisfaction of the 
Attorney General that the refusal of admission to the United States of 
such immigrant alien would result in extreme hardship to the citizen or 
lawfully resident spouse or parent of such an alien.
    ``(2) No court shall have jurisdiction to review a decision or 
action of the Attorney General regarding a waiver under paragraph 
(1).''.

SEC. 350. OFFENSES OF DOMESTIC VIOLENCE AND STALKING AS GROUND FOR 
              DEPORTATION.

    (a) In General.--Section 241(a)(2) (8 U.S.C. 1251(a)(2)) is amended 
by adding at the end the following:
                    ``(E) Crimes of domestic violence, stalking, or 
                violation of protection order, crimes against children 
                and .--
                            ``(i) Domestic violence, stalking, and 
                        child abuse.--Any alien who at any time after 
                        entry is convicted of a crime of domestic 
                        violence, a crime of stalking, or a crime of 
                        child abuse, child neglect, or child 
                        abandonment is deportable. For purposes of this 
                        clause, the term `crime of domestic violence' 
                        means any crime of violence (as defined in 
                        section 16 of title 18, United States Code) 
                        against a person committed by a current or 
                        former spouse of the person, by an individual 
                        with whom the person shares a child in common, 
                        by an individual who is cohabiting with or has 
                        cohabited with the person as a spouse, by an 
                        individual similarly situated to a spouse of 
                        the person under the domestic or family 
                        violence laws of the jurisdiction where the 
                        offense occurs, or by any other individual 
                        against a person who is protected from that 
                        individual's acts under the domestic or family 
                        violence laws of the United States or any 
                        State, Indian tribal government, or unit of 
                        local government.
                            ``(ii) Violators of protection orders.--Any 
                        alien who at any time after entry is enjoined 
                        under a protection order issued by a court and 
                        whom the court determines has engaged in 
                        conduct that violates the portion of a 
                        protection order that involves protection 
                        against credible threats of violence, repeated 
                        harassment, or bodily injury to the person or 
                        persons for whom the protection order was 
                        issued is deportable. For purposes of this 
                        clause, the term `protection order' means any 
                        injunction issued for the purpose of preventing 
                        violent or threatening acts of domestic 
                        violence, including temporary or final orders 
                        issued by civil or criminal courts (other than 
                        support or child custody orders or provisions) 
                        whether obtained by filing an independent 
                        action or as a pendente lite order in another 
                        proceeding.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to convictions, or violations of court orders, occurring after 
the date of the enactment of this Act.

SEC. 351. CLARIFICATION OF DATE AS OF WHICH RELATIONSHIP REQUIRED FOR 
              WAIVER FROM EXCLUSION OR DEPORTATION FOR SMUGGLING.

    (a) Exclusion.--Section 212(d)(11) (8 U.S.C. 1182(d)(11)) is 
amended by inserting ``an individual who at the time of such action 
was'' after ``aided only''.
    (b) Deportation.--Section 241(a)(1)(E)(iii) (8 U.S.C. 
1251(a)(1)(E)(iii)) is amended by inserting ``an individual who at the 
time of the offense was'' after ``aided only''.
    (c) Effective Date.--The amendments made by this section shall 
apply to applications for waivers filed before, on, or after the date 
of the enactment of this Act, but shall not apply to such an 
application for which a final determination has been made as of the 
date of the enactment of this Act.

SEC. 352. EXCLUSION OF FORMER CITIZENS WHO RENOUNCED CITIZENSHIP TO 
              AVOID UNITED STATES TAXATION.

    (a) In General.--Section 212(a)(10) (8 U.S.C. 1182(a)(10)), as 
redesignated by section 301(b) of this division and as amended by 
section 347(a) of this division, is amended by adding at the end the 
following:
                    ``(E) Former citizens who renounced citizenship to 
                avoid taxation.--Any alien who is a former citizen of 
                the United States who officially renounces United 
                States citizenship and who is determined by the 
                Attorney General to have renounced United States 
                citizenship for the purpose of avoiding taxation by the 
                United States is excludable.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to individuals who renounce United States citizenship on and 
after the date of the enactment of this Act.

SEC. 353. REFERENCES TO CHANGES ELSEWHERE IN DIVISION.

    (a) Deportation for High Speed Flight.--For provision making high 
speed flight from an immigration checkpoint subject to deportation, see 
section 108(c) of this division.
    (b) Inadmissibility of Aliens Previously Removed and Unlawfully 
Present.--For provision making aliens previously removed and unlawfully 
present in the United States inadmissible, see section 301(b) of this 
division.
    (c) Inadmissibility of Illegal Entrants.--For provision revising 
the ground of inadmissibility for illegal entrants and immigration 
violators, see section 301(c) of this division.
    (d) Deportation for Visa Violators.--For provision revising the 
ground of deportation for illegal entrants, see section 301(d) of this 
division.
    (e) Labor Certifications for Professional Athletes.--For provision 
providing for continued validity of labor certifications and 
classification petitions for professional athletes, see section 624 of 
this division.

      Subtitle D--Changes in Removal of Alien Terrorist Provisions

SEC. 354. TREATMENT OF CLASSIFIED INFORMATION.

    (a) Limitation on Provision of Summaries; Use of Special Attorneys 
in Challenges to Classified Information.--
            (1) No provision of summary in certain cases.--Section 
        504(e)(3)(D) (8 U.S.C. 1534(e)(3)(D)) is amended--
                    (A) in clause (ii), by inserting before the period 
                at the end the following: ``unless the judge makes the 
                findings under clause (iii)'', and
                    (B) by adding at the end the following new clause:
                            ``(iii) Findings.--The findings described 
                        in this clause are, with respect to an alien, 
                        that--
                                    ``(I) the continued presence of the 
                                alien in the United States would likely 
                                cause serious and irreparable harm to 
                                the national security or death or 
                                serious bodily injury to any person, 
                                and
                                    ``(II) the provision of the summary 
                                would likely cause serious and 
                                irreparable harm to the national 
                                security or death or serious bodily 
                                injury to any person.''.
            (2) Special challenge procedures.--Section 504(e)(3) (8 
        U.S.C. 1534(e)(3)) is amended by adding at the end the 
        following new subparagraphs:
                    ``(E) Continuation of hearing without summary.--If 
                a judge makes the findings described in subparagraph 
                (D)(iii)--
                            ``(i) if the alien involved is an alien 
                        lawfully admitted for permanent residence, the 
                        procedures described in subparagraph (F) shall 
                        apply; and
                            ``(ii) in all cases the special removal 
                        hearing shall continue, the Department of 
                        Justice shall cause to be delivered to the 
                        alien a statement that no summary is possible, 
                        and the classified information submitted in 
                        camera and ex parte may be used pursuant to 
                        this paragraph.
                    ``(F) Special procedures for access and challenges 
                to classified information by special attorneys in case 
                of lawful permanent aliens.--
                            ``(i) In general.--The procedures described 
                        in this subparagraph are that the judge (under 
                        rules of the removal court) shall designate a 
                        special attorney to assist the alien--
                                    ``(I) by reviewing in camera the 
                                classified information on behalf of the 
                                alien, and
                                    ``(II) by challenging through an in 
                                camera proceeding the veracity of the 
                                evidence contained in the classified 
                                information.
                            ``(ii) Restrictions on disclosure.--A 
                        special attorney receiving classified 
                        information under clause (i)--
                                    ``(I) shall not disclose the 
                                information to the alien or to any 
                                other attorney representing the alien, 
                                and
                                    ``(II) who discloses such 
                                information in violation of subclause 
                                (I) shall be subject to a fine under 
                                title 18, United States Code, 
                                imprisoned for not less than 10 years 
                                nor more than 25 years, or both.''.
            (3) Appeals.--Section 505(c) (8 U.S.C. 1535(c)) is 
        amended--
                    (A) in paragraph (1), by striking ``The decision'' 
                and inserting ``Subject to paragraph (2), the 
                decision'';
                    (B) in paragraph (3)(D), by inserting before the 
                period at the end the following: ``, except that in the 
                case of a review under paragraph (2) in which an alien 
                lawfully admitted for permanent residence was denied a 
                written summary of classified information under section 
                504(c)(3), the Court of Appeals shall review questions 
                of fact de novo'';
                    (C) by redesignating paragraphs (2) and (3) as 
                paragraphs (3) and (4), respectively; and
                    (D) by inserting after paragraph (1) the following 
                new paragraph:
            ``(2) Automatic appeals in cases of permanent resident 
        aliens in which no summary provided.--
                    ``(A) In general.--Unless the alien waives the 
                right to a review under this paragraph, in any case 
                involving an alien lawfully admitted for permanent 
                residence who is denied a written summary of classified 
                information under section 504(e)(3) and with respect to 
                which the procedures described in section 504(e)(3)(F) 
                apply, any order issued by the judge shall be reviewed 
                by the Court of Appeals for the District of Columbia 
                Circuit.
                    ``(B) Use of special attorney.--With respect to any 
                issue relating to classified information that arises in 
                such review, the alien shall be represented only by the 
                special attorney designated under section 
                504(e)(3)(F)(i) on behalf of the alien.''.
            (4) Establishment of panel of special attorneys.--Section 
        502 (8 U.S.C. 1532) is amended by adding at the end the 
        following new subsection:
    ``(e) Establishment of Panel of Special Attorneys.--The removal 
court shall provide for the designation of a panel of attorneys each of 
whom--
            ``(1) has a security clearance which affords the attorney 
        access to classified information, and
            ``(2) has agreed to represent permanent resident aliens 
        with respect to classified information under section 504(e)(3) 
        in accordance with (and subject to the penalties under) this 
        title.''.
            (5) Definition of special attorney.--Section 501 (8 U.S.C. 
        1531) is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (5),
                    (B) by striking the period at the end of paragraph 
                (6) and inserting ``; and'', and
                    (C) by adding at the end the following new 
                paragraph:
            ``(7) the term `special attorney' means an attorney who is 
        on the panel established under section 502(e).''.
    (b) Other Provisions Relating to Classified Information.--
            (1) Introduction of classified information.--Section 504(e) 
        (8 U.S.C. 1534(e)) is amended--
                    (A) in paragraph (1)--
                            (i) by inserting after ``(A)'' the 
                        following: ``the Government is authorized to 
                        use in a removal proceedings the fruits of 
                        electronic surveillance and unconsented 
                        physical searches authorized under the Foreign 
                        Intelligence Surveillance Act of 1978 (50 
                        U.S.C. 1801 et seq.) without regard to 
                        subsections (c), (e), (f), (g), and (h) of 
                        section 106 of that Act and'', and
                            (ii) by striking ``the Foreign Intelligence 
                        Surveillance Act of 1978 (50 U.S.C. 1801 et 
                        seq.)'' and inserting ``such Act''; and
                    (B) by striking the period at the end of paragraph 
                (3)(A) and inserting the following: ``and neither the 
                alien nor the public shall be informed of such evidence 
                or its sources other than through reference to the 
                summary provided pursuant to this paragraph. 
                Notwithstanding the previous sentence, the Department 
                of Justice may, in its discretion and, in the case of 
                classified information, after coordination with the 
                originating agency, elect to introduce such evidence in 
                open session.''.
            (2) Maintenance of confidentiality of classified 
        information in arguments.--Section 504(f) (8 U.S.C. 1534(f)) is 
        amended by adding at the end the following: ``The judge may 
        allow any part of the argument that refers to evidence received 
        in camera and ex parte to be heard in camera and ex parte.''.
            (3) Maintenance of confidentiality of classified 
        information in orders.--Section 504(j) (8 U.S.C. 1534(j)) is 
        amended by adding at the end the following: ``Any portion of 
        the order that would reveal the substance or source of 
        information received in camera and ex parte pursuant to 
        subsection (e) shall not be made available to the alien or the 
        public.''.

SEC. 355. EXCLUSION OF REPRESENTATIVES OF TERRORISTS ORGANIZATIONS.

    Section 212(a)(3)(B)(i)(IV) (8 U.S.C. 1182(a)(3)(B)(i)(VI)), as 
inserted by section 411(1)(C) of Public Law 104-132, is amended by 
inserting ``which the alien knows or should have known is a terrorist 
organization'' after ``219,''.

SEC. 356. STANDARD FOR JUDICIAL REVIEW OF TERRORIST ORGANIZATION 
              DESIGNATIONS.

    Section 219(b)(3) (8 U.S.C. 1189(b)(3)), as added by section 302(a) 
of Public Law 104-132, is amended--
            (1) by striking ``or'' at the end of subparagraph (B),
            (2) by striking the period at the end of subparagraph (C) 
        and inserting a semicolon, and
            (3) by adding at the end the following:
                    ``(D) lacking substantial support in the 
                administrative record taken as a whole or in classified 
                information submitted to the court under paragraph (2), 
                or
                    ``(E) not in accord with the procedures required by 
                law.''.

SEC. 357. REMOVAL OF ANCILLARY RELIEF FOR VOLUNTARY DEPARTURE.

    Section 504(k) (8 U.S.C. 1534(k)) is amended--
            (1) by redesignating paragraphs (4) and (5) as paragraphs 
        (5) and (6), and
            (2) by inserting after paragraph (3) the following new 
        paragraph:
            ``(4) voluntary departure under section 244(e);''.

SEC. 358. EFFECTIVE DATE.

    The amendments made by this subtitle shall be effective as if 
included in the enactment of subtitle A of title IV of the 
Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-
132).

                  Subtitle E--Transportation of Aliens

SEC. 361. DEFINITION OF STOWAWAY.

    (a) Stowaway Defined.--Section 101(a) (8 U.S.C. 1101(a)), as 
amended by section 322(a)(1) of this division, is amended by adding at 
the end the following new paragraph:
    ``(49) The term `stowaway' means any alien who obtains 
transportation without the consent of the owner, charterer, master or 
person in command of any vessel or aircraft through concealment aboard 
such vessel or aircraft. A passenger who boards with a valid ticket is 
not to be considered a stowaway.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act.

SEC. 362. TRANSPORTATION CONTRACTS.

    (a) Coverage of Noncontiguous Territory.--Section 238 (8 U.S.C. 
1228), before redesignation as section 233 under section 308(b)(4) of 
this division, is amended--
            (1) in the heading, by striking ``contiguous'', and
            (2) by striking ``contiguous'' each place it appears in 
        subsections (a), (b), and (d).
    (b) Coverage of Railroad Train.--Subsection (d) of such section is 
further amended by inserting ``or railroad train'' after ``aircraft''.

                   Subtitle F--Additional Provisions

SEC. 371. IMMIGRATION JUDGES AND COMPENSATION.

    (a) Definition of Term.--Paragraph (4) of section 101(b) (8 U.S.C. 
1101(b)) is amended to read as follows:
    ``(4) The term `immigration judge' means an attorney whom the 
Attorney General appoints as an administrative judge within the 
Executive Office for Immigration Review, qualified to conduct specified 
classes of proceedings, including a hearing under section 240. An 
immigration judge shall be subject to such supervision and shall 
perform such duties as the Attorney General shall prescribe, but shall 
not be employed by the Immigration and Naturalization Service.''.
    (b) Substitution for Term ``Special Inquiry Officer''.--The 
Immigration and Nationality Act is amended by striking ``a special 
inquiry officer'', ``A special inquiry officer'', ``special inquiry 
officer'', and ``special inquiry officers'' and inserting ``an 
immigration judge'', ``An immigration judge'', ``immigration judge'', 
and ``immigration judges'', respectively, each place it appears in the 
following sections:
            (1) Section 106(a)(2) (8 U.S.C. 1105a(a)(2)), before its 
        repeal by section 306(c) of this division.
            (2) Section 209(a)(2) (8 U.S.C. 1159(a)(2)).
            (3) Section 234 (8 U.S.C. 1224), before redesignation by 
        section 308(b) of this division.
            (4) Section 235 (8 U.S.C. 1225), before amendment by 
        section 302(a) of this division.
            (5) Section 236 (8 U.S.C. 1226), before amendment by 
        section 303 of this division.
            (6) Section 242(b) (8 U.S.C. 1252(b)), before amendment by 
        section 306(a)(2) of this division.
            (7) Section 242B(d)(1) (8 U.S.C. 1252b(d)(1)), before 
        repeal by section 306(b)(6) of this division.
            (8) Section 273(d) (8 U.S.C. 1323(d)), before its repeal by 
        section 308(e)(13) of this division.
            (9) Section 292 (8 U.S.C. 1362).
    (c) Compensation for Immigration Judges.--
            (1) In general.--There shall be four levels of pay for 
        immigration judges, under the Immigration Judge Schedule 
        (designated as IJ-1, 2, 3, and 4, respectively), and each such 
        judge shall be paid at one of those levels, in accordance with 
        the provisions of this subsection.
            (2) Rates of pay.--
                    (A) The rates of basic pay for the levels 
                established under paragraph (1) shall be as follows:

    IJ-1...........................
                                        70% of the next to highest rate 
                                                of basic pay for the 
                                                Senior Executive 
                                                Service
    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.

                    (B) Locality pay, where applicable, shall be 
                calculated into the basic pay for immigration judges.
            (3) Appointment.--
                    (A) Upon appointment, an immigration judge shall be 
                paid at IJ-1, and shall be advanced to IJ-2 upon 
                completion of 104 weeks of service, to IJ-3 upon 
                completion of 104 weeks of service in the next lower 
                rate, and to IJ-4 upon completion of 52 weeks of 
                service in the next lower rate.
                    (B) Notwithstanding subparagraph (A), the Attorney 
                General may provide for appointment of an immigration 
                judge at an advanced rate under such circumstances as 
                the Attorney General may determine appropriate.
            (4) Transition.--Immigration judges serving as of the 
        effective date shall be paid at the rate that corresponds to 
        the amount of time, as provided under paragraph (3)(A), that 
        they have served as an immigration judge, and in no case shall 
        be paid less after the effective date than the rate of pay 
        prior to the effective date.
    (d) Effective Dates.--
            (1) Subsections (a) and (b) shall take effect on the date 
        of the enactment of this Act.
            (2) Subsection (c) shall take effect 90 days after the date 
        of the enactment of this Act.

SEC. 372. DELEGATION OF IMMIGRATION ENFORCEMENT AUTHORITY.

    Section 103(a) (8 U.S.C. 1103(a)) is amended--
            (1) inserting ``(1)'' after ``(a)'',
            (2) by designating each sentence (after the first sentence) 
        as a separate paragraph with appropriate consecutive numbering 
        and initial indentation,
            (3) by adding at the end the following new paragraph:
    ``(8) In the event the Attorney General determines that an actual 
or imminent mass influx of aliens arriving off the coast of the United 
States, or near a land border, presents urgent circumstances requiring 
an immediate Federal response, the Attorney General may authorize any 
State or local law enforcement officer, with the consent of the head of 
the department, agency, or establishment under whose jurisdiction the 
individual is serving, to perform or exercise any of the powers, 
privileges, or duties conferred or imposed by this Act or regulations 
issued thereunder upon officers or employees of the Service.''.

SEC. 373. POWERS AND DUTIES OF THE ATTORNEY GENERAL AND THE 
              COMMISSIONER.

    Section 103 (8 U.S.C. 1103) is amended--
            (1) by adding at the end of subsection (a) the following 
        new paragraph:
    ``(9) The Attorney General, in support of persons in administrative 
detention in non-Federal institutions, is authorized--
            ``(A) to make payments from funds appropriated for the 
        administration and enforcement of the laws relating to 
        immigration, naturalization, and alien registration for 
        necessary clothing, medical care, necessary guard hire, and the 
        housing, care, and security of persons detained by the Service 
        pursuant to Federal law under an agreement with a State or 
        political subdivision of a State; and
            ``(B) to enter into a cooperative agreement with any State, 
        territory, or political subdivision thereof, for the necessary 
        construction, physical renovation, acquisition of equipment, 
        supplies or materials required to establish acceptable 
        conditions of confinement and detention services in any State 
        or unit of local government which agrees to provide guaranteed 
        bed space for persons detained by the Service.''; and
            (2) by adding at the end of subsection (c), as redesignated 
        by section 102(d)(1) of this division, the following: ``The 
        Commissioner may enter into cooperative agreements with State 
        and local law enforcement agencies for the purpose of assisting 
        in the enforcement of the immigration laws.''.

SEC. 374. JUDICIAL DEPORTATION.

    (a) In General.--Section 242A(d) (8 U.S.C. 1252a(d)), as added by 
section 224(a) of Immigration and Nationality Technical Corrections Act 
of 1994 and before redesignation by section 308(b)(5) of this division, 
is amended--
            (1) in paragraph (1), by striking ``whose criminal 
        conviction causes such alien to be deportable under section 
        241(a)(2)(A)'' and inserting ``who is deportable'';
            (2) in paragraph (4), by striking ``without a decision on 
        the merits''; and
            (3) by adding at the end the following new paragraph:
            ``(5) Stipulated judicial order of deportation.--The United 
        States Attorney, with the concurrence of the Commissioner, may, 
        pursuant to Federal Rule of Criminal Procedure 11, enter into a 
        plea agreement which calls for the alien, who is deportable 
        under this Act, to waive the right to notice and a hearing 
        under this section, and stipulate to the entry of a judicial 
        order of deportation from the United States as a condition of 
        the plea agreement or as a condition of probation or supervised 
        release, or both. The United States district court, in both 
        felony and misdemeanor cases, and a United States magistrate 
        judge in misdemeanor cases, may accept such a stipulation and 
        shall have jurisdiction to enter a judicial order of 
        deportation pursuant to the terms of such stipulation.''.
    (b) Deportation As a Condition of Probation.--Section 3563(b) of 
title 18, United States Code, is amended--
            (1) by striking ``or'' at the end of paragraph (20);
            (2) by redesignating paragraph (21) as paragraph (22); and
            (3) by inserting after paragraph (20) the following new 
        paragraph:
            ``(21) be ordered deported by a United States district 
        court, or United States magistrate judge, pursuant to a 
        stipulation entered into by the defendant and the United States 
        under section 242A(d)(5) of the Immigration and Nationality 
        Act, except that, in the absence of a stipulation, the United 
        States district court or a United States magistrate judge, may 
        order deportation as a condition of probation, if, after notice 
        and hearing pursuant to such section, the Attorney General 
        demonstrates by clear and convincing evidence that the alien is 
        deportable; or''.
    (c) Effective Date.--The amendment made by subsection (a)(2) shall 
be effective as if included in the enactment of section 224(a) of the 
Immigration and Nationality Technical Corrections Act of 1994.

SEC. 375. LIMITATION ON ADJUSTMENT OF STATUS.

    Section 245(c) (8 U.S.C. 1255(c)) is amended--
            (1) by striking ``or (6)'' and inserting ``(6)''; and
            (2) by inserting before the period at the end the 
        following: ``; (7) any alien who seeks adjustment of status to 
        that of an immigrant under section 203(b) and is not in a 
        lawful nonimmigrant status; or (8) any alien who was employed 
        while the alien was an unauthorized alien, as defined in 
        section 274A(h)(3), or who has otherwise violated the terms of 
        a nonimmigrant visa''.

SEC. 376. TREATMENT OF CERTAIN FEES.

    (a) Increase in Fee.--Section 245(i) (8 U.S.C. 1255(i)), as added 
by section 506(b) of Public Law 103-317, is amended--
            (1) in paragraph (1), by striking ``five times the fee 
        required for the processing of applications under this 
        section'' and inserting ``$1,000''; and
            (2) by amending paragraph (3) to read as follows:
    ``(3)(A) The portion of each application fee (not to exceed $200) 
that the Attorney General determines is required to process an 
application under this section and is remitted to the Attorney General 
pursuant to paragraphs (1) and (2) of this subsection shall be disposed 
of by the Attorney General as provided in subsections (m), (n), and (o) 
of section 286.
    ``(B) Any remaining portion of such fees remitted under such 
paragraphs shall be deposited by the Attorney General into the 
Immigration Detention Account established under section 286(s).''.
    (b) Immigration Detention Account.--Section 286 (8 U.S.C. 1356) is 
amended by adding at the end the following new subsection:
    ``(s) Immigration Detention Account.--(1) There is established in 
the general fund of the Treasury a separate account which shall be 
known as the `Immigration Detention Account'. Notwithstanding any other 
section of this title, there shall be deposited as offsetting receipts 
into the Immigration Detention Account amounts described in section 
245(i)(3)(B) to remain available until expended.
    ``(2)(A) The Secretary of the Treasury shall refund out of the 
Immigration Detention Account to any appropriation the amount paid out 
of such appropriation for expenses incurred by the Attorney General for 
the detention of aliens under sections 236(c) and 241(a).
    ``(B) The amounts which are required to be refunded under 
subparagraph (A) shall be refunded at least quarterly on the basis of 
estimates made by the Attorney General of the expenses referred to in 
subparagraph (A). Proper adjustments shall be made in the amounts 
subsequently refunded under subparagraph (A) to the extent prior 
estimates were in excess of, or less than, the amount required to be 
refunded under subparagraph (A).
    ``(C) The amounts required to be refunded from the Immigration 
Detention Account for fiscal year 1997 and thereafter shall be refunded 
in accordance with estimates made in the budget request of the Attorney 
General for those fiscal years. Any proposed changes in the amounts 
designated in such budget requests shall only be made after 
notification to the Committees on Appropriations of the House of 
Representatives and the Senate in accordance with section 605 of Public 
Law 104-134.
    ``(D) The Attorney General shall prepare and submit annually to the 
Congress statements of financial condition of the Immigration Detention 
Account, including beginning account balance, revenues, withdrawals, 
and ending account balance and projection for the ensuing fiscal 
year.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to applications made on or after the end of the 90-day period 
beginning on the date of the enactment of this Act.

SEC. 377. LIMITATION ON LEGALIZATION LITIGATION.

    (a) Limitation on Court Jurisdiction.--Section 245A(f)(4) (8 U.S.C. 
1255a(f)(4)) is amended by adding at the end the following new 
subparagraph:
                    ``(C) Jurisdiction of courts.--Notwithstanding any 
                other provision of law, no court shall have 
                jurisdiction of any cause of action or claim by or on 
                behalf of any person asserting an interest under this 
                section unless such person in fact filed an application 
                under this section within the period specified by 
                subsection (a)(1), or attempted to file a complete 
                application and application fee with an authorized 
                legalization officer of the Service but had the 
                application and fee refused by that officer.''.
    (b) Effective Date.--The amendment made by subsection (a) shall be 
effective as if included in the enactment of the Immigration Reform and 
Control Act of 1986.

SEC. 378. RESCISSION OF LAWFUL PERMANENT RESIDENT STATUS.

    (a) In General.--Section 246(a) (8 U.S.C. 1256(a)) is amended by 
adding at the end the following sentence: ``Nothing in this subsection 
shall require the Attorney General to rescind the alien's status prior 
to commencement of procedures to remove the alien under section 240, 
and an order of removal issued by an immigration judge shall be 
sufficient to rescind the alien's status.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the title III-A effective date (as defined in section 
309(a) of this division).

SEC. 379. ADMINISTRATIVE REVIEW OF ORDERS.

    (a) In General.--Sections 274A(e)(7) and 274C(d)(4) (8 U.S.C. 
1324a(e)(7), 1324c(d)(4)) are each amended--
            (1) by striking ``unless, within 30 days, the Attorney 
        General modifies or vacates the decision and order'' and 
        inserting ``unless either (A) within 30 days, an official 
        delegated by regulation to exercise review authority over the 
        decision and order modifies or vacates the decision and order, 
        or (B) within 30 days of the date of such a modification or 
        vacation (or within 60 days of the date of decision and order 
        of an administrative law judge if not so modified or vacated) 
        the decision and order is referred to the Attorney General 
        pursuant to regulations''; and
            (2) by striking ``a final order'' and inserting ``the final 
        agency decision and order''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to orders issued on or after the date of the enactment of this 
Act.

SEC. 380. CIVIL PENALTIES FOR FAILURE TO DEPART.

    (a) In General.--The Immigration and Nationality Act is amended by 
inserting after section 274C the following new section:

                ``civil penalties for failure to depart

    ``Sec. 274D. (a) In General.--Any alien subject to a final order of 
removal who--
            ``(1) willfully fails or refuses to--
                    ``(A) depart from the United States pursuant to the 
                order,
                    ``(B) make timely application in good faith for 
                travel or other documents necessary for departure, or
                    ``(C) present for removal at the time and place 
                required by the Attorney General; or
            ``(2) conspires to or takes any action designed to prevent 
        or hamper the alien's departure pursuant to the order,

shall pay a civil penalty of not more than $500 to the Commissioner for 
each day the alien is in violation of this section.
    ``(b) Construction.--Nothing in this section shall be construed to 
diminish or qualify any penalties to which an alien may be subject for 
activities proscribed by section 243(a) or any other section of this 
Act.''.
    (b) Clerical Amendment.--The table of contents is amended by 
inserting after the item relating to section 274C the following new 
item:

``Sec. 274D. Civil penalties for failure to depart.''.

    (c) Effective Date.--The amendment made by subsection (a) shall 
apply to actions occurring on or after the title III-A effective date 
(as defined in section 309(a) of this division).

SEC. 381. CLARIFICATION OF DISTRICT COURT JURISDICTION.

    (a) In General.--Section 279 (8 U.S.C. 1329) is amended--
            (1) by amending the first sentence to read as follows: 
        ``The district courts of the United States shall have 
        jurisdiction of all causes, civil and criminal, brought by the 
        United States that arise under the provisions of this title.'', 
        and
            (2) by adding at the end the following new sentence: 
        ``Nothing in this section shall be construed as providing 
        jurisdiction for suits against the United States or its 
        agencies or officers.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to actions filed after the date of the enactment of this Act.

SEC. 382. APPLICATION OF ADDITIONAL CIVIL PENALTIES TO ENFORCEMENT.

    (a) In General.--Subsection (b) of section 280 (8 U.S.C. 1330) is 
amended to read as follows:
    ``(b)(1) There is established in the general fund of the Treasury a 
separate account which shall be known as the `Immigration Enforcement 
Account'. Notwithstanding any other section of this title, there shall 
be deposited as offsetting receipts into the Immigration Enforcement 
Account amounts described in paragraph (2) to remain available until 
expended.
    ``(2) The amounts described in this paragraph are the following:
            ``(A) The increase in penalties collected resulting from 
        the amendments made by sections 203(b) and 543(a) of the 
        Immigration Act of 1990.
            ``(B) Civil penalties collected under sections 240B(d), 
        274C, 274D, and 275(b).
    ``(3)(A) The Secretary of the Treasury shall refund out of the 
Immigration Enforcement Account to any appropriation the amount paid 
out of such appropriation for expenses incurred by the Attorney General 
for activities that enhance enforcement of provisions of this title. 
Such activities include--
            ``(i) the identification, investigation, apprehension, 
        detention, and removal of criminal aliens;
            ``(ii) the maintenance and updating of a system to identify 
        and track criminal aliens, deportable aliens, inadmissible 
        aliens, and aliens illegally entering the United States; and
            ``(iii) for the repair, maintenance, or construction on the 
        United States border, in areas experiencing high levels of 
        apprehensions of illegal aliens, of structures to deter illegal 
        entry into the United States.
    ``(B) The amounts which are required to be refunded under 
subparagraph (A) shall be refunded at least quarterly on the basis of 
estimates made by the Attorney General of the expenses referred to in 
subparagraph (A). Proper adjustments shall be made in the amounts 
subsequently refunded under subparagraph (A) to the extent prior 
estimates were in excess of, or less than, the amount required to be 
refunded under subparagraph (A).
    ``(C) The amounts required to be refunded from the Immigration 
Enforcement Account for fiscal year 1996 and thereafter shall be 
refunded in accordance with estimates made in the budget request of the 
Attorney General for those fiscal years. Any proposed changes in the 
amounts designated in such budget requests shall only be made after 
notification to the Committees on Appropriations of the House of 
Representatives and the Senate in accordance with section 605 of Public 
Law 104-134.
    ``(D) The Attorney General shall prepare and submit annually to the 
Congress statements of financial condition of the Immigration 
Enforcement Account, including beginning account balance, revenues, 
withdrawals, and ending account balance and projection for the ensuing 
fiscal year.''.
    (b) Immigration User Fee Account.--Section 286(h)(1)(B) (8 U.S.C. 
1356(h)(1)(B)) is amended by striking ``271'' and inserting ``243(c), 
271,''.
    (c) Effective Date.--The amendments made by this section shall 
apply to fines and penalties collected on or after the date of the 
enactment of this Act.

SEC. 383. EXCLUSION OF CERTAIN ALIENS FROM FAMILY UNITY PROGRAM.

    (a) In General.--Section 301(e) of the Immigration Act of 1990 (8 
U.S.C. 1255a note) is amended--
            (1) by striking ``or'' at the end of paragraph (1),
            (2) by striking the period at the end of paragraph (2) and 
        inserting ``, or'', and
            (3) by adding at the end the following new paragraph:
            ``(3) has committed an act of juvenile delinquency which if 
        committed by an adult would be classified as--
                    ``(A) a felony crime of violence that has an 
                element the use or attempted use of physical force 
                against another individual, or
                    ``(B) a felony offense that by its nature involves 
                a substantial risk that physical force against another 
                individual may be used in the course of committing the 
                offense.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to benefits granted or extended after the date of the enactment 
of this Act.

SEC. 384. PENALTIES FOR DISCLOSURE OF INFORMATION.

    (a) In General.--Except as provided in subsection (b), in no case 
may the Attorney General, or any other official or employee of the 
Department of Justice (including any bureau or agency of such 
Department)--
            (1) make an adverse determination of admissibility or 
        deportability of an alien under the Immigration and Nationality 
        Act using information furnished solely by--
                    (A) a spouse or parent who has battered the alien 
                or subjected the alien to extreme cruelty,
                    (B) a member of the spouse's or parent's family 
                residing in the same household as the alien who has 
                battered the alien or subjected the alien to extreme 
                cruelty when the spouse or parent consented to or 
                acquiesced in such battery or cruelty,
                    (C) a spouse or parent who has battered the alien's 
                child or subjected the alien's child to extreme cruelty 
                (without the active participation of the alien in the 
                battery or extreme cruelty), or
                    (D) a member of the spouse's or parent's family 
                residing in the same household as the alien who has 
                battered the alien's child or subjected the alien's 
                child to extreme cruelty when the spouse or parent 
                consented to or acquiesced in such battery or cruelty 
                and the alien did not actively participate in such 
                battery or cruelty,

        unless the alien has been convicted of a crime or crimes listed 
        in section 241(a)(2) of the Immigration and Nationality Act; or
            (2) permit use by or disclosure to anyone (other than a 
        sworn officer or employee of the Department, or bureau or 
        agency thereof, for legitimate Department, bureau, or agency 
        purposes) of any information which relates to an alien who is 
        the beneficiary of an application for relief under clause (iii) 
        or (iv) of section 204(a)(1)(A), clause (ii) or (iii) of 
        section 204(a)(1)(B), section 216(c)(4)(C), or section 
        244(a)(3) of such Act as an alien (or the parent of a child) 
        who has been battered or subjected to extreme cruelty.

The limitation under paragraph (2) ends when the application for relief 
is denied and all opportunities for appeal of the denial have been 
exhausted.
    (b) Exceptions.--
            (1) The Attorney General may provide, in the Attorney 
        General's discretion, for the disclosure of information in the 
        same manner and circumstances as census information may be 
        disclosed by the Secretary of Commerce under section 8 of title 
        13, United States Code.
            (2) The Attorney General may provide in the discretion of 
        the Attorney General for the disclosure of information to law 
        enforcement officials to be used solely for a legitimate law 
        enforcement purpose.
            (3) Subsection (a) shall not be construed as preventing 
        disclosure of information in connection with judicial review of 
        a determination in a manner that protects the confidentiality 
        of such information.
            (4) Subsection (a)(2) shall not apply if all the battered 
        individuals in the case are adults and they have all waived the 
        restrictions of such subsection.
    (c) Penalties for Violations.--Anyone who willfully uses, 
publishes, or permits information to be disclosed in violation of this 
section shall be subject to appropriate disciplinary action and subject 
to a civil money penalty of not more than $5,000 for each such 
violation.
    (d) Conforming Amendments to Other Disclosure Restrictions.--
            (1) In general.--The last sentence of section 210(b)(6) and 
        the second sentence of section 245A(c)(5) (8 U.S.C. 
        1255a(c)(5)) are each amended to read as follows: ``Anyone who 
        uses, publishes, or permits information to be examined in 
        violation of this paragraph shall be subject to appropriate 
        disciplinary action and subject to a civil money penalty of not 
        more than $5,000 for each violation.''.
            (2) Effective date.--The amendments made by this subsection 
        shall apply to offenses occurring on or after the date of the 
        enactment of this Act.

SEC. 385. AUTHORIZATION OF ADDITIONAL FUNDS FOR REMOVAL OF ALIENS.

    In addition to the amounts otherwise authorized to be appropriated 
for each fiscal year beginning with fiscal year 1996, there are 
authorized to be appropriated to the Attorney General $150,000,000 for 
costs associated with the removal of inadmissible or deportable aliens, 
including costs of detention of such aliens pending their removal, the 
hiring of more investigators, and the hiring of more detention and 
deportation officers.

SEC. 386. INCREASE IN INS DETENTION FACILITIES; REPORT ON DETENTION 
              SPACE.

    (a) Increase in Detention Facilities.--Subject to the availability 
of appropriations, the Attorney General shall provide for an increase 
in the detention facilities of the Immigration and Naturalization 
Service to at least 9,000 beds before the end of fiscal year 1997.
    (b) Report on Detention Space.--
            (1) In general.--Not later than 6 months after the date of 
        the enactment of this Act, and every 6 months thereafter, the 
        Attorney General shall submit a report to the Committees on the 
        Judiciary of the House of Representatives and of the Senate 
        estimating the amount of detention space that will be required, 
        during the fiscal year in which the report is submitted and the 
        succeeding fiscal year, to detain--
                    (A) all aliens subject to detention under section 
                236(c) of the Immigration and Nationality Act (as 
                amended by section 303 of this title) and section 
                241(a) of the Immigration and Nationality Act (as 
                inserted by section 305(a)(3) of this title);
                    (B) all excludable or deportable aliens subject to 
                proceedings under section 238 of the Immigration and 
                Nationality Act (as redesignated by section 308(b)(5) 
                of this title) or section 235(b)(2)(A) or 240 of the 
                Immigration and Nationality Act; and
                    (C) other excludable or deportable aliens in 
                accordance with the priorities established by the 
                Attorney General.
            (2) Estimate of number of aliens released into the 
        community.--
                    (A) Criminal aliens.--
                            (i) In general.--The first report submitted 
                        under paragraph (1) shall include an estimate 
                        of the number of criminal aliens who, in each 
                        of the 3 fiscal years concluded prior to the 
                        date of the report--
                                    (I) were released from detention 
                                facilities of the Immigration and 
                                Naturalization Service (whether 
                                operated directly by the Service or 
                                through contract with other persons or 
                                agencies); or
                                    (II) were not taken into custody or 
                                detention by the Service upon 
                                completion of their incarceration.
                            (ii) Aliens convicted of aggravated 
                        felonies.--The estimate under clause (i) shall 
                        estimate separately, with respect to each year 
                        described in such clause, the number of 
                        criminal aliens described in such clause who 
                        were convicted of an aggravated felony.
                    (B) All excludable or deportable aliens.--The first 
                report submitted under paragraph (1) shall also 
                estimate the number of excludable or deportable aliens 
                who were released into the community due to a lack of 
                detention facilities in each of the 3 fiscal years 
                concluded prior to the date of the report 
                notwithstanding circumstances that the Attorney General 
                believed justified detention (for example, a 
                significant probability that the released alien would 
                not appear, as agreed, at subsequent exclusion or 
                deportation proceedings).
                    (C) Subsequent reports.--Each report under 
                paragraph (1) following the first such report shall 
                include the estimates under subparagraphs (A) and (B), 
                made with respect to the 6-month period immediately 
                preceding the date of the submission of the report.

SEC. 387. PILOT PROGRAM ON USE OF CLOSED MILITARY BASES FOR THE 
              DETENTION OF INADMISSIBLE OR DEPORTABLE ALIENS.

    (a) Establishment.--The Attorney General and the Secretary of 
Defense shall establish one or more pilot programs for up to 2 years 
each to determine the feasibility of the use of military bases, 
available because of actions under a base closure law, as detention 
centers by the Immigration and Naturalization Service. In selecting 
real property at a military base for use as a detention center under 
the pilot program, the Attorney General and the Secretary shall consult 
with the redevelopment authority established for the military base and 
give substantial deference to the redevelopment plan prepared for the 
military base.
    (b) Report.--Not later than 30 months after the date of the 
enactment of this Act, the Attorney General, together with the 
Secretary of Defense, shall submit a report to the Committees on the 
Judiciary of the House of Representatives and of the Senate, and the 
Committees on Armed Services of the House of Representatives and of the 
Senate, on the feasibility of using military bases closed under a base 
closure law as detention centers by the Immigration and Naturalization 
Service.
    (c) Definition.--For purposes of this section, the term ``base 
closure law'' means each of the following:
            (1) The Defense Base Closure and Realignment Act of 1990 
        (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 
        note).
            (2) Title II of the Defense Authorization Amendments and 
        Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 
        2687 note).
            (3) Section 2687 of title 10, United States Code.
            (4) Any other similar law enacted after the date of the 
        enactment of this Act.

SEC. 388. REPORT ON INTERIOR REPATRIATION PROGRAM.

    Not later than 30 months after the date of the enactment of this 
Act, the Attorney General, in consultation with the Secretary of State, 
shall submit a report to the Committees on the Judiciary of the House 
of Representatives and of the Senate on the operation of the program of 
interior repatriation developed under section 437 of the Antiterrorism 
and Effective Death Penalty Act of 1996 (Public Law 104-132).

        TITLE IV--ENFORCEMENT OF RESTRICTIONS AGAINST EMPLOYMENT

   Subtitle A--Pilot Programs for Employment Eligibility Confirmation

SEC. 401. ESTABLISHMENT OF PROGRAMS.

    (a) In General.--The Attorney General shall conduct 3 pilot 
programs of employment eligibility confirmation under this subtitle.
    (b) Implementation Deadline; Termination.--The Attorney General 
shall implement the pilot programs in a manner that permits persons and 
other entities to have elections under section 402 of this division 
made and in effect no later than 1 year after the date of the enactment 
of this Act. Unless the Congress otherwise provides, the Attorney 
General shall terminate a pilot program at the end of the 4-year period 
beginning on the first day the pilot program is in effect.
    (c) Scope of Operation of Pilot Programs.--The Attorney General 
shall provide for the operation--
            (1) of the basic pilot program (described in section 403(a) 
        of this division) in, at a minimum, 5 of the 7 States with the 
        highest estimated population of aliens who are not lawfully 
        present in the United States;
            (2) of the citizen attestation pilot program (described in 
        section 403(b) of this division) in at least 5 States (or, if 
        fewer, all of the States) that meet the condition described in 
        section 403(b)(2)(A) of this division; and
            (3) of the machine-readable-document pilot program 
        (described in section 403(c) of this division) in at least 5 
        States (or, if fewer, all of the States) that meet the 
        condition described in section 403(c)(2) of this division.
    (d) References in Subtitle.--In this subtitle--
            (1) Pilot program references.--The terms ``program'' or 
        ``pilot program'' refer to any of the 3 pilot programs provided 
        for under this subtitle.
            (2) Confirmation system.--The term ``confirmation system'' 
        means the confirmation system established under section 404 of 
        this division.
            (3) References to section 274a.--Any reference in this 
        subtitle to section 274A (or a subdivision of such section) is 
        deemed a reference to such section (or subdivision thereof) of 
        the Immigration and Nationality Act.
            (4) I-9 or similar form.--The term ``I-9 or similar form'' 
        means the form used for purposes of section 274A(b)(1)(A) or 
        such other form as the Attorney General determines to be 
        appropriate.
             (5) Limited application to recruiters and referrers.--Any 
        reference to recruitment or referral (or a recruiter or 
        referrer) in relation to employment is deemed a reference only 
        to such recruitment or referral (or recruiter or referrer) that 
        is subject to section 274A(a)(1)(B)(ii).
            (6) United states citizenship.--The term ``United States 
        citizenship'' includes United States nationality.
            (7) State.--The term ``State'' has the meaning given such 
        term in section 101(a)(36) of the Immigration and Nationality 
        Act.

SEC. 402. VOLUNTARY ELECTION TO PARTICIPATE IN A PILOT PROGRAM.

    (a) Voluntary Election.--Subject to subsection (c)(3)(B), any 
person or other entity that conducts any hiring (or recruitment or 
referral) in a State in which a pilot program is operating may elect to 
participate in that pilot program. Except as specifically provided in 
subsection (e), the Attorney General may not require any person or 
other entity to participate in a pilot program.
    (b) Benefit of Rebuttable Presumption.--
            (1) In general.--If a person or other entity is 
        participating in a pilot program and obtains confirmation of 
        identity and employment eligibility in compliance with the 
        terms and conditions of the program with respect to the hiring 
        (or recruitment or referral) of an individual for employment in 
        the United States, the person or entity has established a 
        rebuttable presumption that the person or entity has not 
        violated section 274A(a)(1)(A) with respect to such hiring (or 
        such recruitment or referral).
            (2) Construction.--Paragraph (1) shall not be construed as 
        preventing a person or other entity that has an election in 
        effect under subsection (a) from establishing an affirmative 
        defense under section 274A(a)(3) if the person or entity 
        complies with the requirements of section 274A(a)(1)(B) but 
        fails to obtain confirmation under paragraph (1).
    (c) General Terms of Elections.--
            (1) In general.--An election under subsection (a) shall be 
        in such form and manner, under such terms and conditions, and 
        shall take effect, as the Attorney General shall specify. The 
        Attorney General may not impose any fee as a condition of 
        making an election or participating in a pilot program.
            (2) Scope of election.--
                    (A) In general.--Subject to paragraph (3), any 
                electing person or other entity may provide that the 
                election under subsection (a) shall apply (during the 
                period in which the election is in effect)--
                            (i) to all its hiring (and all recruitment 
                        or referral) in the State (or States) in which 
                        the pilot program is operating, or
                            (ii) to its hiring (or recruitment or 
                        referral) in one or more pilot program States 
                        or one or more places of hiring (or recruitment 
                        or referral, as the case may be) in the pilot 
                        program States.
                    (B) Application of programs in non-pilot program 
                states.--In addition, the Attorney General may permit a 
                person or entity electing--
                            (i) the basic pilot program (described in 
                        section 403(a) of this division) to provide 
                        that the election applies to its hiring (or 
                        recruitment or referral) in one or more States 
                        or places of hiring (or recruitment or 
                        referral) in which the pilot program is not 
                        otherwise operating, or
                            (ii) the citizen attestation pilot program 
                        (described in 403(b) of this division) or the 
                        machine-readable-document pilot program 
                        (described in section 403(c) of this division) 
                        to provide that the election applies to its 
                        hiring (or recruitment or referral) in one or 
                        more States or places of hiring (or recruitment 
                        or referral) in which the pilot program is not 
                        otherwise operating but only if such States 
                        meet the requirements of 403(b)(2)(A) and 
                        403(c)(2) of this division, respectively.
            (3) Acceptance and rejection of elections.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the Attorney General shall accept all elections 
                made under subsection (a).
                    (B) Rejection of elections.--The Attorney General 
                may reject an election by a person or other entity 
                under this section or limit its applicability to 
                certain States or places of hiring (or recruitment or 
                referral) if the Attorney General has determined that 
                there are insufficient resources to provide appropriate 
                services under a pilot program for the person's or 
                entity's hiring (or recruitment or referral) in any or 
                all States or places of hiring.
            (4) Termination of elections.--The Attorney General may 
        terminate an election by a person or other entity under this 
        section because the person or entity has substantially failed 
        to comply with its obligations under the pilot program. A 
        person or other entity may terminate an election in such form 
        and manner as the Attorney General shall specify.
    (d) Consultation, Education, and Publicity.--
            (1) Consultation.--The Attorney General shall closely 
        consult with representatives of employers (and recruiters and 
        referrers) in the development and implementation of the pilot 
        programs, including the education of employers (and recruiters 
        and referrers) about such programs.
            (2) Publicity.--The Attorney General shall widely publicize 
        the election process and pilot programs, including the 
        voluntary nature of the pilot programs and the advantages to 
        employers (and recruiters and referrers) of making an election 
        under this section.
            (3) Assistance through district offices.--The Attorney 
        General shall designate one or more individuals in each 
        District office of the Immigration and Naturalization Service 
        for a Service District in which a pilot program is being 
        implemented--
                    (A) to inform persons and other entities that seek 
                information about pilot programs of the voluntary 
                nature of such programs, and
                    (B) to assist persons and other entities in 
                electing and participating in any pilot programs in 
                effect in the District, in complying with the 
                requirements of section 274A, and in facilitating 
                confirmation of the identity and employment eligibility 
                of individuals consistent with such section.
    (e) Select Entities Required to Participate in a Pilot Program.--
            (1) Federal government.--
                    (A) Executive departments.--
                            (i) In general.--Each Department of the 
                        Federal Government shall elect to participate 
                        in a pilot program and shall comply with the 
                        terms and conditions of such an election.
                            (ii) Election.--Subject to clause (iii), 
                        the Secretary of each such Department--
                                    (I) shall elect the pilot program 
                                (or programs) in which the Department 
                                shall participate, and
                                    (II) may limit the election to 
                                hiring occurring in certain States (or 
                                geographic areas) covered by the 
                                program (or programs) and in specified 
                                divisions within the Department, so 
                                long as all hiring by such divisions 
                                and in such locations is covered.
                            (iii) Role of attorney general.--The 
                        Attorney General shall assist and coordinate 
                        elections under this subparagraph in such 
                        manner as assures that--
                                    (I) a significant portion of the 
                                total hiring within each Department 
                                within States covered by a pilot 
                                program is covered under such a 
                                program, and
                                    (II) there is significant 
                                participation by the Federal Executive 
                                branch in each of the pilot programs.
                    (B) Legislative branch.--Each Member of Congress, 
                each officer of Congress, and the head of each agency 
                of the legislative branch, that conducts hiring in a 
                State in which a pilot program is operating shall elect 
                to participate in a pilot program, may specify which 
                pilot program or programs (if there is more than one) 
                in which the Member, officer, or agency will 
                participate, and shall comply with the terms and 
                conditions of such an election.
            (2) Application to certain violators.--An order under 
        section 274A(e)(4) or section 274B(g) of the Immigration and 
        Nationality Act may require the subject of the order to 
        participate in, and comply with the terms of, a pilot program 
        with respect to the subject's hiring (or recruitment or 
        referral) of individuals in a State covered by such a program.
            (3) Consequence of failure to participate.--If a person or 
        other entity is required under this subsection to participate 
        in a pilot program and fails to comply with the requirements of 
        such program with respect to an individual--
                    (A) such failure shall be treated as a violation of 
                section 274A(a)(1)(B) with respect to that individual, 
                and
                    (B) a rebuttable presumption is created that the 
                person or entity has violated section 274A(a)(1)(A).
        Subparagraph (B) shall not apply in any prosecution under 
        section 274A(f)(1).
    (f) Construction.--This subtitle shall not affect the authority of 
the Attorney General under any other law (including section 274A(d)(4)) 
to conduct demonstration projects in relation to section 274A.

SEC. 403. PROCEDURES FOR PARTICIPANTS IN PILOT PROGRAMS.

    (a) Basic Pilot Program.--A person or other entity that elects to 
participate in the basic pilot program described in this subsection 
agrees to conform to the following procedures in the case of the hiring 
(or recruitment or referral) for employment in the United States of 
each individual covered by the election:
            (1) Provision of additional information.--The person or 
        entity shall obtain from the individual (and the individual 
        shall provide) and shall record on the I-9 or similar form--
                    (A) the individual's social security account 
                number, if the individual has been issued such a 
                number, and
                    (B) if the individual does not attest to United 
                States citizenship under section 274A(b)(2), such 
                identification or authorization number established by 
                the Immigration and Naturalization Service for the 
                alien as the Attorney General shall specify,

        and shall retain the original form and make it available for 
        inspection for the period and in the manner required of I-9 
        forms under section 274A(b)(3).
            (2) Presentation of documentation.--
                    (A) In general.--The person or other entity, and 
                the individual whose identity and employment 
                eligibility are being confirmed, shall, subject to 
                subparagraph (B), fulfill the requirements of section 
                274A(b) with the following modifications:
                            (i) A document referred to in section 
                        274A(b)(1)(B)(ii) (as redesignated by section 
                        412(a) of this division) must be designated by 
                        the Attorney General as suitable for the 
                        purpose of identification in a pilot program.
                            (ii) A document referred to in section 
                        274A(b)(1)(D) must contain a photograph of the 
                        individual.
                            (iii) The person or other entity has 
                        complied with the requirements of section 
                        274A(b)(1) with respect to examination of a 
                        document if the document reasonably appears on 
                        its face to be genuine and it reasonably 
                        appears to pertain to the individual whose 
                        identity and work eligibility is being 
                        confirmed.
                    (B) Limitation of requirement to examine 
                documentation.--If the Attorney General finds that a 
                pilot program would reliably determine with respect to 
                an individual whether--
                            (i) the person with the identity claimed by 
                        the individual is authorized to work in the 
                        United States, and
                            (ii) the individual is claiming the 
                        identity of another person,

                if a person or entity could fulfill the requirement to 
                examine documentation contained in subparagraph (A) of 
                section 274A(b)(1) by examining a document specified in 
                either subparagraph (B) or (D) of such section, the 
                Attorney General may provide that, for purposes of such 
                requirement, only such a document need be examined. In 
                such case, any reference in section 274A(b)(1)(A) to a 
                verification that an individual is not an unauthorized 
                alien shall be deemed to be a verification of the 
                individual's identity.
            (3) Seeking confirmation.--
                    (A) In general.--The person or other entity shall 
                make an inquiry, as provided in section 404(a)(1) of 
                this division, using the confirmation system to seek 
                confirmation of the identity and employment eligibility 
                of an individual, by not later than the end of 3 
                working days (as specified by the Attorney General) 
                after the date of the hiring (or recruitment or 
                referral, as the case may be).
                    (B) Extension of time period.--If the person or 
                other entity in good faith attempts to make an inquiry 
                during such 3 working days and the confirmation system 
                has registered that not all inquiries were received 
                during such time, the person or entity can make an 
                inquiry in the first subsequent working day in which 
                the confirmation system registers that it has received 
                all inquiries. If the confirmation system cannot 
                receive inquiries at all times during a day, the person 
                or entity merely has to assert that the entity 
                attempted to make the inquiry on that day for the 
                previous sentence to apply to such an inquiry, and does 
                not have to provide any additional proof concerning 
                such inquiry.
            (4) Confirmation or nonconfirmation.--
                    (A) Confirmation upon initial inquiry.--If the 
                person or other entity receives an appropriate 
                confirmation of an individual's identity and work 
                eligibility under the confirmation system within the 
                time period specified under section 404(b) of this 
                division, the person or entity shall record on the I-9 
                or similar form an appropriate code that is provided 
                under the system and that indicates a final 
                confirmation of such identity and work eligibility of 
                the individual.
                    (B) Nonconfirmation upon initial inquiry and 
                secondary verification.--
                            (i) Nonconfirmation.--If the person or 
                        other entity receives a tentative 
                        nonconfirmation of an individual's identity or 
                        work eligibility under the confirmation system 
                        within the time period specified under 404(b) 
                        of this division, the person or entity shall so 
                        inform the individual for whom the confirmation 
                        is sought.
                            (ii) No contest.--If the individual does 
                        not contest the nonconfirmation within the time 
                        period specified in section 404(c) of this 
                        division, the nonconfirmation shall be 
                        considered final. The person or entity shall 
                        then record on the I-9 or similar form an 
                        appropriate code which has been provided under 
                        the system to indicate a tentative 
                        nonconfirmation.
                            (iii) Contest.--If the individual does 
                        contest the nonconfirmation, the individual 
                        shall utilize the process for secondary 
                        verification provided under section 404(c) of 
                        this division. The nonconfirmation will remain 
                        tentative until a final confirmation or 
                        nonconfirmation is provided by the confirmation 
                        system within the time period specified in such 
                        section. In no case shall an employer terminate 
                        employment of an individual because of a 
                        failure of the individual to have identity and 
                        work eligibility confirmed under this section 
                        until a nonconfirmation becomes final. Nothing 
                        in this clause shall apply to a termination of 
                        employment for any reason other than because of 
                        such a failure.
                            (iv) Recording of conclusion on form.--If a 
                        final confirmation or nonconfirmation is 
                        provided by the confirmation system under 
                        section 404(c) of this division regarding an 
                        individual, the person or entity shall record 
                        on the I-9 or similar form an appropriate code 
                        that is provided under the system and that 
                        indicates a confirmation or nonconfirmation of 
                        identity and work eligibility of the 
                        individual.
                    (C) Consequences of nonconfirmation.--
                            (i) Termination or notification of 
                        continued employment.--If the person or other 
                        entity has received a final nonconfirmation 
                        regarding an individual under subparagraph (B), 
                        the person or entity may terminate employment 
                        (or recruitment or referral) of the individual. 
                        If the person or entity does not terminate 
                        employment (or recruitment or referral) of the 
                        individual, the person or entity shall notify 
                        the Attorney General of such fact through the 
                        confirmation system or in such other manner as 
                        the Attorney General may specify.
                            (ii) Failure to notify.--If the person or 
                        entity fails to provide notice with respect to 
                        an individual as required under clause (i), the 
                        failure is deemed to constitute a violation of 
                        section 274A(a)(1)(B) with respect to that 
                        individual and the applicable civil monetary 
                        penalty under section 274A(e)(5) shall be 
                        (notwithstanding the amounts specified in such 
                        section) no less than $500 and no more than 
                        $1,000 for each individual with respect to whom 
                        such violation occurred.
                            (iii) Continued employment after final 
                        nonconfirmation.--If the person or other entity 
                        continues to employ (or to recruit or refer) an 
                        individual after receiving final 
                        nonconfirmation, a rebuttable presumption is 
                        created that the person or entity has violated 
                        section 274A(a)(1)(A). The previous sentence 
                        shall not apply in any prosecution under 
                        section 274A(f)(1).
    (b) Citizen Attestation Pilot Program.--
            (1) In general.--Except as provided in paragraphs (3) 
        through (5), the procedures applicable under the citizen 
        attestation pilot program under this subsection shall be the 
        same procedures as those under the basic pilot program under 
        subsection (a).
            (2) Restrictions.--
                    (A) State document requirement to participate in 
                pilot program.--The Attorney General may not provide 
                for the operation of the citizen attestation pilot 
                program in a State unless each driver's license or 
                similar identification document described in section 
                274A(b)(1)(D)(i) issued by the State--
                            (i) contains a photograph of the individual 
                        involved, and
                            (ii) has been determined by the Attorney 
                        General to have security features, and to have 
                        been issued through application and issuance 
                        procedures, which make such document 
                        sufficiently resistant to counterfeiting, 
                        tampering, and fraudulent use that it is a 
                        reliable means of identification for purposes 
                        of this section.
                    (B) Authorization to limit employer 
                participation.--The Attorney General may restrict the 
                number of persons or other entities that may elect to 
                participate in the citizen attestation pilot program 
                under this subsection as the Attorney General 
                determines to be necessary to produce a representative 
                sample of employers and to reduce the potential impact 
                of fraud.
            (3) No confirmation required for certain individuals 
        attesting to u.s. citizenship.--In the case of a person or 
        other entity hiring (or recruiting or referring) an individual 
        under the citizen attestation pilot program, if the individual 
        attests to United States citizenship (under penalty of perjury 
        on an I-9 or similar form which form states on its face the 
        criminal and other penalties provided under law for a false 
        representation of United States citizenship)--
                    (A) the person or entity may fulfill the 
                requirement to examine documentation contained in 
                subparagraph (A) of section 274A(b)(1) by examining a 
                document specified in either subparagraph (B)(i) or (D) 
                of such section; and
                    (B) the person or other entity is not required to 
                comply with respect to such individual with the 
                procedures described in paragraphs (3) and (4) of 
                subsection (a), but only if the person or entity 
                retains the form and makes it available for inspection 
                in the same manner as in the case of an I-9 form under 
                section 274A(b)(3).
            (4) Waiver of document presentation requirement in certain 
        cases.--
                    (A) In general.--In the case of a person or entity 
                that elects, in a manner specified by the Attorney 
                General consistent with subparagraph (B), to 
                participate in the pilot program under this paragraph, 
                if an individual being hired (or recruited or referred) 
                attests (in the manner described in paragraph (3)) to 
                United States citizenship and the person or entity 
                retains the form on which the attestation is made and 
                makes it available for inspection in the same manner as 
                in the case of an I-9 form under section 274A(b)(3), 
                the person or entity is not required to comply with the 
                procedures described in section 274A(b).
                    (B) Restriction.--The Attorney General shall 
                restrict the election under this paragraph to no more 
                than 1,000 employers and, to the extent practicable, 
                shall select among employers seeking to make such 
                election in a manner that provides for such an election 
                by a representative sample of employers.
            (5) Nonreviewable determinations.--The determinations of 
        the Attorney General under paragraphs (2) and (4) are within 
        the discretion of the Attorney General and are not subject to 
        judicial or administrative review.
    (c) Machine-Readable-Document Pilot Program.--
            (1) In general.--Except as provided in paragraph (3), the 
        procedures applicable under the machine-readable-document pilot 
        program under this subsection shall be the same procedures as 
        those under the basic pilot program under subsection (a).
            (2) State document requirement to participate in pilot 
        program.--The Attorney General may not provide for the 
        operation of the machine-readable-document pilot program in a 
        State unless driver's licenses and similar identification 
        documents described in section 274A(b)(1)(D)(i) issued by the 
        State include a machine-readable social security account 
        number.
            (3) Use of machine-readable documents.--If the individual 
        whose identity and employment eligibility must be confirmed 
        presents to the person or entity hiring (or recruiting or 
        referring) the individual a license or other document described 
        in paragraph (2) that includes a machine-readable social 
        security account number, the person or entity must make an 
        inquiry through the confirmation system by using a machine-
        readable feature of such document. If the individual does not 
        attest to United States citizenship under section 274A(b)(2), 
        the individual's identification or authorization number 
        described in subsection (a)(1)(B) shall be provided as part of 
        the inquiry.
    (d) Protection From Liability for Actions Taken on the Basis of 
Information Provided by the Confirmation System.--No person or entity 
participating in a pilot program shall be civilly or criminally liable 
under any law for any action taken in good faith reliance on 
information provided through the confirmation system.

SEC. 404. EMPLOYMENT ELIGIBILITY CONFIRMATION SYSTEM.

    (a) In General.--The Attorney General shall establish a pilot 
program confirmation system through which the Attorney General (or a 
designee of the Attorney General, which may be a nongovernmental 
entity)--
            (1) responds to inquiries made by electing persons and 
        other entities (including those made by the transmittal of data 
        from machine-readable documents under the machine-readable 
        pilot program) at any time through a toll-free telephone line 
        or other toll-free electronic media concerning an individual's 
        identity and whether the individual is authorized to be 
        employed, and
            (2) maintains records of the inquiries that were made, of 
        confirmations provided (or not provided), and of the codes 
        provided to inquirers as evidence of their compliance with 
        their obligations under the pilot programs.
To the extent practicable, the Attorney General shall seek to establish 
such a system using one or more nongovernmental entities.
    (b) Initial Response.--The confirmation system shall provide 
confirmation or a tentative nonconfirmation of an individual's identity 
and employment eligibility within 3 working days of the initial 
inquiry. If providing confirmation or tentative nonconfirmation, the 
confirmation system shall provide an appropriate code indicating such 
confirmation or such nonconfirmation.
    (c) Secondary Verification Process in Case of Tentative 
Nonconfirmation.--In cases of tentative nonconfirmation, the Attorney 
General shall specify, in consultation with the Commissioner of Social 
Security and the Commissioner of the Immigration and Naturalization 
Service, an available secondary verification process to confirm the 
validity of information provided and to provide a final confirmation or 
nonconfirmation within 10 working days after the date of the tentative 
nonconfirmation. When final confirmation or nonconfirmation is 
provided, the confirmation system shall provide an appropriate code 
indicating such confirmation or nonconfirmation.
    (d) Design and Operation of System.--The confirmation system shall 
be designed and operated--
            (1) to maximize its reliability and ease of use by persons 
        and other entities making elections under section 402(a) of 
        this division consistent with insulating and protecting the 
        privacy and security of the underlying information;
            (2) to respond to all inquiries made by such persons and 
        entities on whether individuals are authorized to be employed 
        and to register all times when such inquiries are not received;
            (3) with appropriate administrative, technical, and 
        physical safeguards to prevent unauthorized disclosure of 
        personal information; and
            (4) to have reasonable safeguards against the system's 
        resulting in unlawful discriminatory practices based on 
        national origin or citizenship status, including--
                    (A) the selective or unauthorized use of the system 
                to verify eligibility;
                    (B) the use of the system prior to an offer of 
                employment; or
                    (C) the exclusion of certain individuals from 
                consideration for employment as a result of a perceived 
                likelihood that additional verification will be 
                required, beyond what is required for most job 
                applicants.
    (e) Responsibilities of the Commissioner of Social Security.--As 
part of the confirmation system, the Commissioner of Social Security, 
in consultation with the entity responsible for administration of the 
system, shall establish a reliable, secure method, which, within the 
time periods specified under subsections (b) and (c), compares the name 
and social security account number provided in an inquiry against such 
information maintained by the Commissioner in order to confirm (or not 
confirm) the validity of the information provided regarding an 
individual whose identity and employment eligibility must be confirmed, 
the correspondence of the name and number, and whether the individual 
has presented a social security account number that is not valid for 
employment. The Commissioner shall not disclose or release social 
security information (other than such confirmation or nonconfirmation).
    (f) Responsibilities of the Commissioner of the Immigration and 
Naturalization Service.--As part of the confirmation system, the 
Commissioner of the Immigration and Naturalization Service, in 
consultation with the entity responsible for administration of the 
system, shall establish a reliable, secure method, which, within the 
time periods specified under subsections (b) and (c), compares the name 
and alien identification or authorization number described in section 
403(a)(1)(B) of this division which are provided in an inquiry against 
such information maintained by the Commissioner in order to confirm (or 
not confirm) the validity of the information provided, the 
correspondence of the name and number, and whether the alien is 
authorized to be employed in the United States.
    (g) Updating Information.--The Commissioners of Social Security and 
the Immigration and Naturalization Service shall update their 
information in a manner that promotes the maximum accuracy and shall 
provide a process for the prompt correction of erroneous information, 
including instances in which it is brought to their attention in the 
secondary verification process described in subsection (c).
    (h) Limitation on Use of the Confirmation System and Any Related 
Systems.--
            (1) In general.--Notwithstanding any other provision of 
        law, nothing in this subtitle shall be construed to permit or 
        allow any department, bureau, or other agency of the United 
        States Government to utilize any information, data base, or 
        other records assembled under this subtitle for any other 
        purpose other than as provided for under a pilot program.
            (2) No national identification card.--Nothing in this 
        subtitle shall be construed to authorize, directly or 
        indirectly, the issuance or use of national identification 
        cards or the establishment of a national identification card.

SEC. 405. REPORTS.

    The Attorney General shall submit to the Committees on the 
Judiciary of the House of Representatives and of the Senate reports on 
the pilot programs within 3 months after the end of the third and 
fourth years in which the programs are in effect. Such reports shall--
            (1) assess the degree of fraudulent attesting of United 
        States citizenship,
            (2) include recommendations on whether or not the pilot 
        programs should be continued or modified, and
            (3) assess the benefits of the pilot programs to employers 
        and the degree to which they assist in the enforcement of 
        section 274A.

      Subtitle B--Other Provisions Relating to Employer Sanctions

SEC. 411. LIMITING LIABILITY FOR CERTAIN TECHNICAL VIOLATIONS OF 
              PAPERWORK REQUIREMENTS.

    (a) In General.--Section 274A(b) (8 U.S.C. 1324a(b)) is amended by 
adding at the end the following new paragraph:
            ``(6) Good faith compliance.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B) and (C), a person or entity is 
                considered to have complied with a requirement of this 
                subsection notwithstanding a technical or procedural 
                failure to meet such requirement if there was a good 
                faith attempt to comply with the requirement.
                    ``(B) Exception if failure to correct after 
                notice.--Subparagraph (A) shall not apply if--
                            ``(i) the Service (or another enforcement 
                        agency) has explained to the person or entity 
                        the basis for the failure,
                            ``(ii) the person or entity has been 
                        provided a period of not less than 10 business 
                        days (beginning after the date of the 
                        explanation) within which to correct the 
                        failure, and
                            ``(iii) the person or entity has not 
                        corrected the failure voluntarily within such 
                        period.
                    ``(C) Exception for pattern or practice 
                violators.--Subparagraph (A) shall not apply to a 
                person or entity that has or is engaging in a pattern 
                or practice of violations of subsection (a)(1)(A) or 
                (a)(2).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to failures occurring on or after the date of the enactment of 
this Act.

SEC. 412. PAPERWORK AND OTHER CHANGES IN THE EMPLOYER SANCTIONS 
              PROGRAM.

    (a) Reducing the Number of Documents Accepted for Employment 
Verification.--Section 274A(b)(1) (8 U.S.C. 1324a(b)(1)) is amended--
            (1) in subparagraph (B)--
                    (A) by striking clauses (ii) through (iv),
                    (B) in clause (v), by striking ``or other alien 
                registration card, if the card'' and inserting ``, 
                alien registration card, or other document designated 
                by the Attorney General, if the document'' and 
                redesignating such clause as clause (ii), and
                    (C) in clause (ii), as so redesignated--
                            (i) in subclause (I), by striking ``or'' 
                        before ``such other personal identifying 
                        information'' and inserting ``and'',
                            (ii) by striking ``and'' at the end of 
                        subclause (I),
                            (iii) by striking the period at the end of 
                        subclause (II) and inserting ``, and'', and
                            (iv) by adding at the end the following new 
                        subclause:
                                    ``(III) contains security features 
                                to make it resistant to tampering, 
                                counterfeiting, and fraudulent use.'';
            (2) in subparagraph (C)--
                    (A) by adding ``or'' at the end of clause (i),
                    (B) by striking clause (ii), and
                    (C) by redesignating clause (iii) as clause (ii); 
                and
            (3) by adding at the end the following new subparagraph:
                    ``(E) Authority to prohibit use of certain 
                documents.--If the Attorney General finds, by 
                regulation, that any document described in subparagraph 
                (B), (C), or (D) as establishing employment 
                authorization or identity does not reliably establish 
                such authorization or identity or is being used 
                fraudulently to an unacceptable degree, the Attorney 
                General may prohibit or place conditions on its use for 
                purposes of this subsection.''.
    (b) Reduction of Paperwork for Certain Employees.--Section 274A(a) 
(8 U.S.C. 1324a(a)) is amended by adding at the end the following new 
paragraph:
            ``(6) Treatment of documentation for certain employees.--
                    ``(A) In general.--For purposes of this section, 
                if--
                            ``(i) an individual is a member of a 
                        collective-bargaining unit and is employed, 
                        under a collective bargaining agreement entered 
                        into between one or more employee organizations 
                        and an association of two or more employers, by 
                        an employer that is a member of such 
                        association, and
                            ``(ii) within the period specified in 
                        subparagraph (B), another employer that is a 
                        member of the association (or an agent of such 
                        association on behalf of the employer) has 
                        complied with the requirements of subsection 
                        (b) with respect to the employment of the 
                        individual,
                the subsequent employer shall be deemed to have 
                complied with the requirements of subsection (b) with 
                respect to the hiring of the employee and shall not be 
                liable for civil penalties described in subsection 
                (e)(5).
                    ``(B) Period.--The period described in this 
                subparagraph is 3 years, or, if less, the period of 
                time that the individual is authorized to be employed 
                in the United States.
                    ``(C) Liability.--
                            ``(i) In general.--If any employer that is 
                        a member of an association hires for employment 
                        in the United States an individual and relies 
                        upon the provisions of subparagraph (A) to 
                        comply with the requirements of subsection (b) 
                        and the individual is an alien not authorized 
                        to work in the United States, then for the 
                        purposes of paragraph (1)(A), subject to clause 
                        (ii), the employer shall be presumed to have 
                        known at the time of hiring or afterward that 
                        the individual was an alien not authorized to 
                        work in the United States.
                            ``(ii) Rebuttal of presumption.--The 
                        presumption established by clause (i) may be 
                        rebutted by the employer only through the 
                        presentation of clear and convincing evidence 
                        that the employer did not know (and could not 
                        reasonably have known) that the individual at 
                        the time of hiring or afterward was an alien 
                        not authorized to work in the United States.
                            ``(iii) Exception.--Clause (i) shall not 
                        apply in any prosecution under subsection 
                        (f)(1).''.
    (c) Elimination of Dated Provisions.--Section 274A (8 U.S.C. 1324a) 
is amended by striking subsections (i) through (n).
    (d) Clarification of Application to Federal Government.--Section 
274A(a) (8 U.S.C. 1324a(a)), as amended by subsection (b), is amended 
by adding at the end the following new paragraph:
            ``(7) Application to federal government.--For purposes of 
        this section, the term `entity' includes an entity in any 
        branch of the Federal Government.''.
    (e) Effective Dates.--
            (1) The amendments made by subsection (a) shall apply with 
        respect to hiring (or recruitment or referral) occurring on or 
        after such date (not later than 12 months after the date of the 
        enactment of this Act) as the Attorney General shall designate.
            (2) The amendment made by subsection (b) shall apply to 
        individuals hired on or after 60 days after the date of the 
        enactment of this Act.
            (3) The amendment made by subsection (c) shall take effect 
        on the date of the enactment of this Act.
            (4) The amendment made by subsection (d) applies to hiring 
        occurring before, on, or after the date of the enactment of 
        this Act, but no penalty shall be imposed under subsection (e) 
        or (f) of section 274A of the Immigration and Nationality Act 
        for such hiring occurring before such date.

SEC. 413. REPORT ON ADDITIONAL AUTHORITY OR RESOURCES NEEDED FOR 
              ENFORCEMENT OF EMPLOYER SANCTIONS PROVISIONS.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Attorney General shall submit to the 
Committees on the Judiciary of the House of Representatives and of the 
Senate a report on any additional authority or resources needed--
            (1) by the Immigration and Naturalization Service in order 
        to enforce section 274A of the Immigration and Nationality Act, 
        or
            (2) by Federal agencies in order to carry out the Executive 
        Order of February 13, 1996 (entitled ``Economy and Efficiency 
        in Government Procurement Through Compliance with Certain 
        Immigration and Naturalization Act Provisions'') and to expand 
        the restrictions in such order to cover agricultural subsidies, 
        grants, job training programs, and other Federally subsidized 
        assistance programs.
    (b) Reference to Increased Authorization of Appropriations.--For 
provision increasing the authorization of appropriations for 
investigators for violations of sections 274 and 274A of the 
Immigration and Nationality Act, see section 131 of this division.

SEC. 414. REPORTS ON EARNINGS OF ALIENS NOT AUTHORIZED TO WORK.

    (a) In General.--Subsection (c) of section 290 (8 U.S.C. 1360) is 
amended to read as follows:
    ``(c)(1) Not later than 3 months after the end of each fiscal year 
(beginning with fiscal year 1996), the Commissioner of Social Security 
shall report to the Committees on the Judiciary of the House of 
Representatives and the Senate on the aggregate quantity of social 
security account numbers issued to aliens not authorized to be 
employed, with respect to which, in such fiscal year, earnings were 
reported to the Social Security Administration.
    ``(2) If earnings are reported on or after January 1, 1997, to the 
Social Security Administration on a social security account number 
issued to an alien not authorized to work in the United States, the 
Commissioner of Social Security shall provide the Attorney General with 
information regarding the name and address of the alien, the name and 
address of the person reporting the earnings, and the amount of the 
earnings. The information shall be provided in an electronic form 
agreed upon by the Commissioner and the Attorney General.''.
    (b) Report on Fraudulent Use of Social Security Account Numbers.--
The Commissioner of Social Security shall transmit to the Attorney 
General, by not later than 1 year after the date of the enactment of 
this Act, a report on the extent to which social security account 
numbers and cards are used by aliens for fraudulent purposes.

SEC. 415. AUTHORIZING MAINTENANCE OF CERTAIN INFORMATION ON ALIENS.

    Section 264 (8 U.S.C. 1304) is amended by adding at the end the 
following new subsection:
    ``(f) Notwithstanding any other provision of law, the Attorney 
General is authorized to require any alien to provide the alien's 
social security account number for purposes of inclusion in any record 
of the alien maintained by the Attorney General or the Service.''.

SEC. 416. SUBPOENA AUTHORITY.

    Section 274A(e)(2) (8 U.S.C. 1324a(e)(2)) is amended--
            (1) by striking ``and'' at the end of subparagraph (A);
            (2) by striking the period at the end of subparagraph (B) 
        and inserting ``, and''; and
            (3) by inserting after subparagraph (B) the following:
                    ``(C) immigration officers designated by the 
                Commissioner may compel by subpoena the attendance of 
                witnesses and the production of evidence at any 
                designated place prior to the filing of a complaint in 
                a case under paragraph (2).''.

      Subtitle C--Unfair Immigration-Related Employment Practices

SEC. 421. TREATMENT OF CERTAIN DOCUMENTARY PRACTICES AS UNFAIR 
              IMMIGRATION-RELATED EMPLOYMENT PRACTICES.

    (a) In General.--Section 274B(a)(6) (8 U.S.C. 1324b(a)(6)) is 
amended--
            (1) by striking ``For purposes of paragraph (1), a'' and 
        inserting ``A''; and
            (2) by striking ``relating to the hiring of individuals'' 
        and inserting the following: ``if made for the purpose or with 
        the intent of discriminating against an individual in violation 
        of paragraph (1)''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to requests made on or after the date of the enactment of this 
Act.

              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.

    Section 431 of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 (8 U.S.C. 1641) is amended by adding at the 
end the following new subsection:
    ``(c) Treatment of Certain Battered Aliens as Qualified Aliens.--
For purposes of this title, the term `qualified alien' includes--
            ``(1) an alien who--
                    ``(A) has been battered or subjected to extreme 
                cruelty in the United States by a spouse or a parent, 
                or by a member of the spouse or parent's family 
                residing in the same household as the alien and the 
                spouse or parent consented to, or acquiesced in, such 
                battery or cruelty, but only if (in the opinion of the 
                Attorney General, which opinion is not subject to 
                review by any court) there is a substantial connection 
                between such battery or cruelty and the need for the 
                benefits to be provided; and
                    ``(B) has been approved or has a petition pending 
                which sets forth a prima facie case for--
                            ``(i) status as a spouse or a child of a 
                        United States citizen pursuant to clause (ii), 
                        (iii), or (iv) of section 204(a)(1)(A) of the 
                        Immigration and Nationality Act,
                            ``(ii) classification pursuant to clause 
                        (ii) or (iii) of section 204(a)(1)(B) of the 
                        Act,
                            ``(iii) suspension of deportation and 
                        adjustment of status pursuant to section 
                        244(a)(3) of such Act, or
                            ``(iv) status as a spouse or child of a 
                        United States citizen pursuant to clause (i) of 
                        section 204(a)(1)(A) of such Act, or 
                        classification pursuant to clause (i) of 
                        section 204(a)(1)(B) of such Act; or
            ``(2) an alien--
                    ``(A) whose child has been battered or subjected to 
                extreme cruelty in the United States by a spouse or a 
                parent of the alien (without the active participation 
                of the alien in the battery or cruelty), or by a member 
                of the spouse or parent's family residing in the same 
                household as the alien and the spouse or parent 
                consented or acquiesced to such battery or cruelty, and 
                the alien did not actively participate in such battery 
                or cruelty, but only if (in the opinion of the Attorney 
                General, which opinion is not subject to review by any 
                court) there is a substantial connection between such 
                battery or cruelty and the need for the benefits to be 
                provided; and
                    ``(B) who meets the requirement of clause (ii) of 
                subparagraph (A).
This subsection shall not apply to an alien during any period in which 
the individual responsible for such battery or cruelty resides in the 
same household or family eligibility unit as the individual subjected 
to such battery or cruelty.''.

SEC. 502. PILOT PROGRAMS ON LIMITING ISSUANCE OF DRIVER'S LICENSES TO 
              ILLEGAL ALIENS.

    (a) In General.--Pursuant to guidelines prescribed by the Attorney 
General not later than 6 months after the date of the enactment of this 
Act, all States may conduct pilot programs within their State to 
determine the viability, advisability, and cost-effectiveness of the 
State's denying driver's licenses to aliens who are not lawfully 
present in the United States. Under a pilot program a State may deny a 
driver's license to aliens who are not lawfully present in the United 
States. Such program shall be conducted in cooperation with relevant 
State and local authorities.
    (b) Report.--Not later than 3 years after the date of the enactment 
of this Act, the Attorney General shall submit a report to the 
Judiciary Committees of the House of Representatives and of the Senate 
on the results of the pilot programs conducted under subsection (a).

SEC. 503. INELIGIBILITY OF ALIENS NOT LAWFULLY PRESENT FOR SOCIAL 
              SECURITY BENEFITS.

    (a) In General.--Section 202 of the Social Security Act (42 U.S.C. 
402) is amended by adding at the end the following new subsection:

                   ``Limitation on Payments to Aliens

    ``(y) Notwithstanding any other provision of law, no monthly 
benefit under this title shall be payable to any alien in the United 
States for any month during which such alien is not lawfully present in 
the United States as determined by the Attorney General.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to benefits for which applications are filed on or 
after the first day of the first month that begins at least 60 days 
after the date of the enactment of this Act.

SEC. 504. PROCEDURES FOR REQUIRING PROOF OF CITIZENSHIP FOR FEDERAL 
              PUBLIC BENEFITS.

    Section 432(a) of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 (8 U.S.C. 1642) is amended--
            (1) by inserting ``(1)'' after the dash, and
            (2) by adding at the end the following:
    ``(2) Not later than 18 months after the date of the enactment of 
this Act, the Attorney General, in consultation with the Secretary of 
Health and Human Services, shall also establish procedures for a person 
applying for a Federal public benefit (as defined in section 401(c)) to 
provide proof of citizenship in a fair and nondiscriminatory manner.''.

SEC. 505. LIMITATION ON ELIGIBILITY FOR PREFERENTIAL TREATMENT OF 
              ALIENS NOT LAWFULLY PRESENT ON BASIS OF RESIDENCE FOR 
              HIGHER EDUCATION BENEFITS.

    (a) In General.--Notwithstanding any other provision of law, an 
alien who is not lawfully present in the United States shall not be 
eligible on the basis of residence within a State (or a political 
subdivision) for any postsecondary education benefit unless a citizen 
or national of the United States is eligible for such a benefit (in no 
less an amount, duration, and scope) without regard to whether the 
citizen or national is such a resident.
    (b) Effective Date.--This section shall apply to benefits provided 
on or after July 1, 1998.

SEC. 506. STUDY AND REPORT ON ALIEN STUDENT ELIGIBILITY FOR 
              POSTSECONDARY FEDERAL STUDENT FINANCIAL ASSISTANCE.

    (a) GAO Study and Report.--
            (1) Study.--The Comptroller General shall conduct a study 
        to determine the extent to which aliens who are not lawfully 
        admitted for permanent residence are receiving postsecondary 
        Federal student financial assistance.
            (2) Report.--Not later than 1 year after the date of the 
        enactment of this Act, the Comptroller General shall submit a 
        report to the appropriate committees of the Congress on the 
        study conducted under paragraph (1).
    (b) Report on Computer Matching Program.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, the Secretary of Education and the 
        Commissioner of Social Security shall jointly submit to the 
        appropriate committees of the Congress a report on the computer 
        matching program of the Department of Education under section 
        484(p) of the Higher Education Act of 1965.
            (2) Report elements.--The report under paragraph (1) shall 
        include the following:
                    (A) An assessment by the Secretary and the 
                Commissioner of the effectiveness of the computer 
                matching program, and a justification for such 
                assessment.
                    (B) The ratio of successful matches under the 
                program to inaccurate matches.
                    (C) Such other information as the Secretary and the 
                Commissioner jointly consider appropriate.
    (c) Appropriate Committees of the Congress.--For purposes of this 
section the term ``appropriate committees of the Congress'' means the 
Committee on Economic and Educational Opportunities and the Committee 
on the Judiciary of the House of Representatives and the Committee on 
Labor and Human Resources and the Committee on the Judiciary of the 
Senate.

SEC. 507. VERIFICATION OF IMMIGRATION STATUS FOR PURPOSES OF SOCIAL 
              SECURITY AND HIGHER EDUCATIONAL ASSISTANCE.

    (a) Social Security Act State Income and Eligibility Verification 
Systems.--Section 1137(d)(4)(B)(i)) of the Social Security Act (42 
U.S.C. 1320b-7(d)(4)(B)(i)) is amended to read as follows:
                            ``(i) the State shall transmit to the 
                        Immigration and Naturalization Service either 
                        photostatic or other similar copies of such 
                        documents, or information from such documents, 
                        as specified by the Immigration and 
                        Naturalization Service, for official 
                        verification,''.
    (b) Eligibility for Assistance Under Higher Education Act of 
1965.--Section 484(g)(4)(B)(i) of the Higher Education Act of 1965 (20 
U.S.C. 1091(g)(4)(B)(i)) is amended to read as follows:
                            ``(i) the institution shall transmit to the 
                        Immigration and Naturalization Service either 
                        photostatic or other similar copies of such 
                        documents, or information from such documents, 
                        as specified by the Immigration and 
                        Naturalization Service, for official 
                        verification,''.

SEC. 508. NO VERIFICATION REQUIREMENT FOR NONPROFIT CHARITABLE 
              ORGANIZATIONS.

    Section 432 of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 (8 U.S.C. 1642) is amended by adding at the 
end the following new subsection:
    ``(d) No Verification Requirement for Nonprofit Charitable 
Organizations.--Subject to subsection (a), a nonprofit charitable 
organization, in providing any Federal public benefit (as defined in 
section 401(c)) or any State or local public benefit (as defined in 
section 411(c)), is not required under this title to determine, verify, 
or otherwise require proof of eligibility of any applicant for such 
benefits.''.

SEC. 509. GAO STUDY OF PROVISION OF MEANS-TESTED PUBLIC BENEFITS TO 
              ALIENS WHO ARE NOT QUALIFIED ALIENS ON BEHALF OF ELIGIBLE 
              INDIVIDUALS.

    Not later than 180 days after the date of the enactment of this 
Act, the Comptroller General shall submit to the Committees on the 
Judiciary of the House of Representatives and of the Senate and to the 
Inspector General of the Department of Justice a report on the extent 
to which means-tested public benefits are being paid or provided to 
aliens who are not qualified aliens (as defined in section 431(b) of 
the Personal Responsibility and Work Opportunity Reconciliation Act of 
1996) in order to provide such benefits to individuals who are United 
States citizens or qualified aliens (as so defined). Such report shall 
address the locations in which such benefits are provided and the 
incidence of fraud or misrepresentation in connection with the 
provision of such benefits.

SEC. 510. TRANSITION FOR ALIENS CURRENTLY RECEIVING BENEFITS UNDER THE 
              FOOD STAMP PROGRAM.

    Effective as if included in the enactment of the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996, 
subclause (I) of section 402(a)(2)(D)(ii) (8 U.S.C. 1612(a)(2)(D)(ii)) 
is amended to read as follows:
                                    ``(I) In general.--With respect to 
                                the specified Federal program described 
                                in paragraph (3)(B), ineligibility 
                                under paragraph (1) shall not apply 
                                until April 1, 1997, to an alien who 
                                received benefits under such program on 
                                the date of enactment of this Act, 
                                unless such alien is determined to be 
                                ineligible to receive such benefits 
                                under the Food Stamp Act of 1977. The 
                                State agency shall recertify the 
                                eligibility of all such aliens during 
                                the period beginning April 1, 1997, and 
                                ending August 22, 1997.''.

                  Subtitle B--Public Charge Exclusion

SEC. 531. GROUND FOR EXCLUSION.

    (a) In General.--Paragraph (4) of section 212(a) (8 U.S.C. 1182(a)) 
is amended to read as follows:
            ``(4) Public charge.--
                    ``(A) In general.--Any alien who, in the opinion of 
                the consular officer at the time of application for a 
                visa, or in the opinion of the Attorney General at the 
                time of application for admission or adjustment of 
                status, is likely at any time to become a public charge 
                is excludable.
                    ``(B) Factors to be taken into account.--(i) In 
                determining whether an alien is excludable under this 
                paragraph, the consular officer or the Attorney General 
                shall at a minimum consider the alien's--
                            ``(I) age;
                            ``(II) health;
                            ``(III) family status;
                            ``(IV) assets, resources, and financial 
                        status; and
                            ``(V) education and skills.
                    ``(ii) In addition to the factors under clause (i), 
                the consular officer or the Attorney General may also 
                consider any affidavit of support under section 213A 
                for purposes of exclusion under this paragraph.
                    ``(C) Family-sponsored immigrants.--Any alien who 
                seeks admission or adjustment of status under a visa 
                number issued under section 201(b)(2) or 203(a) is 
                excludable under this paragraph unless--
                            ``(i) the alien has obtained--
                                    ``(I) status as a spouse or a child 
                                of a United States citizen pursuant to 
                                clause (ii), (iii), or (iv) of section 
                                204(a)(1)(A), or
                                    ``(II) classification pursuant to 
                                clause (ii) or (iii) of section 
                                204(a)(1)(B); or
                            ``(ii) the person petitioning for the 
                        alien's admission (including any additional 
                        sponsor required under section 213A(f)) has 
                        executed an affidavit of support described in 
                        section 213A with respect to such alien.
                    ``(D) Certain employment-based immigrants.--Any 
                alien who seeks admission or adjustment of status under 
                a visa number issued under section 203(b) by virtue of 
                a classification petition filed by a relative of the 
                alien (or by an entity in which such relative has a 
                significant ownership interest) is excludable under 
                this paragraph unless such relative has executed an 
                affidavit of support described in section 213A with 
                respect to such alien.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to applications submitted on or after such date, not earlier than 
30 days and not later than 60 days after the date the Attorney General 
promulgates under section 551(c)(2) of this division a standard form 
for an affidavit of support, as the Attorney General shall specify, but 
subparagraphs (C) and (D) of section 212(a)(4) of the Immigration and 
Nationality Act, as so amended, shall not apply to applications with 
respect to which an official interview with an immigration officer was 
conducted before such effective date.

                   Subtitle C--Affidavits of Support

SEC. 551. REQUIREMENTS FOR SPONSOR'S AFFIDAVIT OF SUPPORT.

    (a) In General.--Section 213A (8 U.S.C. 1183a), as inserted by 
section 423(a) of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996, is amended to read as follows:

           ``requirements for sponsor's affidavit of support

    ``Sec. 213A. (a) Enforceability.--
            ``(1) Terms of affidavit.--No affidavit of support may be 
        accepted by the Attorney General or by any consular officer to 
        establish that an alien is not excludable as a public charge 
        under section 212(a)(4) unless such affidavit is executed by a 
        sponsor of the alien as a contract--
                    ``(A) in which the sponsor agrees to provide 
                support to maintain the sponsored alien at an annual 
                income that is not less than 125 percent of the Federal 
                poverty line during the period in which the affidavit 
                is enforceable;
                    ``(B) that is legally enforceable against the 
                sponsor by the sponsored alien, the Federal Government, 
                any State (or any political subdivision of such State), 
                or by any other entity that provides any means-tested 
                public benefit (as defined in subsection (e)), 
                consistent with the provisions of this section; and
                    ``(C) in which the sponsor agrees to submit to the 
                jurisdiction of any Federal or State court for the 
                purpose of actions brought under subsection (b)(2).
            ``(2) Period of enforceability.--An affidavit of support 
        shall be enforceable with respect to benefits provided for an 
        alien before the date the alien is naturalized as a citizen of 
        the United States, or, if earlier, the termination date 
        provided under paragraph (3).
            ``(3) Termination of period of enforceability upon 
        completion of required period of employment, etc.--
                    ``(A) In general.--An affidavit of support is not 
                enforceable after such time as the alien (i) has worked 
                40 qualifying quarters of coverage as defined under 
                title II of the Social Security Act or can be credited 
                with such qualifying quarters as provided under 
                subparagraph (B), and (ii) in the case of any such 
                qualifying quarter creditable for any period beginning 
                after December 31, 1996, did not receive any Federal 
                means-tested public benefit (as provided under section 
                403 of the Personal Responsibility and Work Opportunity 
                Reconciliation Act of 1996) during any such period.
                    ``(B) Qualifying quarters.--For purposes of this 
                section, in determining the number of qualifying 
                quarters of coverage under title II of the Social 
                Security Act an alien shall be credited with--
                            ``(i) all of the qualifying quarters of 
                        coverage as defined under title II of the 
                        Social Security Act worked by a parent of such 
                        alien while the alien was under age 18, and
                            ``(ii) all of the qualifying quarters 
                        worked by a spouse of such alien during their 
                        marriage and the alien remains married to such 
                        spouse or such spouse is deceased.
                No such qualifying quarter of coverage that is 
                creditable under title II of the Social Security Act 
                for any period beginning after December 31, 1996, may 
                be credited to an alien under clause (i) or (ii) if the 
                parent or spouse (as the case may be) of such alien 
                received any Federal means-tested public benefit (as 
                provided under section 403 of the Personal 
                Responsibility and Work Opportunity Reconciliation Act 
                of 1996) during the period for which such qualifying 
                quarter of coverage is so credited.
                    ``(C) Provision of information to save system.--The 
                Attorney General shall ensure that appropriate 
                information regarding the application of this paragraph 
                is provided to the system for alien verification of 
                eligibility (SAVE) described in section 1137(d)(3) of 
                the Social Security Act.
    ``(b) Reimbursement of Government Expenses.--
            ``(1) Request for reimbursement.--
                    ``(A) Requirement.--Upon notification that a 
                sponsored alien has received any means-tested public 
                benefit, the appropriate nongovernmental entity which 
                provided such benefit or the appropriate entity of the 
                Federal Government, a State, or any political 
                subdivision of a State shall request reimbursement by 
                the sponsor in an amount which is equal to the 
                unreimbursed costs of such benefit.
                    ``(B) Regulations.--The Attorney General, in 
                consultation with the heads of other appropriate 
                Federal agencies, shall prescribe such regulations as 
                may be necessary to carry out subparagraph (A).
            ``(2) Actions to compel reimbursement.--
                    ``(A) In case of nonresponse.--If within 45 days 
                after a request for reimbursement under paragraph 
                (1)(A), the appropriate entity has not received a 
                response from the sponsor indicating a willingness to 
                commence payment an action may be brought against the 
                sponsor pursuant to the affidavit of support.
                    ``(B) In case of failure to pay.--If the sponsor 
                fails to abide by the repayment terms established by 
                the appropriate entity, the entity may bring an action 
                against the sponsor pursuant to the affidavit of 
                support.
                    ``(C) Limitation on actions.--No cause of action 
                may be brought under this paragraph later than 10 years 
                after the date on which the sponsored alien last 
                received any means-tested public benefit to which the 
                affidavit of support applies.
            ``(3) Use of collection agencies.--If the appropriate 
        entity under paragraph (1)(A) requests reimbursement from the 
        sponsor or brings an action against the sponsor pursuant to the 
        affidavit of support, the appropriate entity may appoint or 
        hire an individual or other person to act on behalf of such 
        entity acting under the authority of law for purposes of 
        collecting any amounts owed.
    ``(c) Remedies.--Remedies available to enforce an affidavit of 
support under this section include any or all of the remedies described 
in section 3201, 3203, 3204, or 3205 of title 28, United States Code, 
as well as an order for specific performance and payment of legal fees 
and other costs of collection, and include corresponding remedies 
available under State law. A Federal agency may seek to collect amounts 
owed under this section in accordance with the provisions of subchapter 
II of chapter 37 of title 31, United States Code.
    ``(d) Notification of Change of Address.--
            ``(1) General requirement.--The sponsor shall notify the 
        Attorney General and the State in which the sponsored alien is 
        currently a resident within 30 days of any change of address of 
        the sponsor during the period in which an affidavit of support 
        is enforceable.
            ``(2) Penalty.--Any person subject to the requirement of 
        paragraph (1) who fails to satisfy such requirement shall, 
        after notice and opportunity to be heard, be subject to a civil 
        penalty of--
                    ``(A) not less than $250 or more than $2,000, or
                    ``(B) if such failure occurs with knowledge that 
                the sponsored alien has received any means-tested 
                public benefits (other than benefits described in 
                section 401(b), 403(c)(2), or 411(b) of the Personal 
                Responsibility and Work Opportunity Reconciliation Act 
                of 1996) not less than $2,000 or more than $5,000.
        The Attorney General shall enforce this paragraph under 
        appropriate regulations.
    ``(e) Jurisdiction.--An action to enforce an affidavit of support 
executed under subsection (a) may be brought against the sponsor in any 
appropriate court--
            ``(1) by a sponsored alien, with respect to financial 
        support; or
            ``(2) by the appropriate entity of the Federal Government, 
        a State or any political subdivision of a State, or by any 
        other nongovernmental entity under subsection (b)(2), with 
        respect to reimbursement.
    ``(f) Sponsor Defined.--
            ``(1) In general.--For purposes of this section the term 
        `sponsor' in relation to a sponsored alien means an individual 
        who executes an affidavit of support with respect to the 
        sponsored alien and who--
                    ``(A) is a citizen or national of the United States 
                or an alien who is lawfully admitted to the United 
                States for permanent residence;
                    ``(B) is at least 18 years of age;
                    ``(C) is domiciled in any of the several States of 
                the United States, the District of Columbia, or any 
                territory or possession of the United States;
                    ``(D) is petitioning for the admission of the alien 
                under section 204; and
                    ``(E) demonstrates (as provided in paragraph (6)) 
                the means to maintain an annual income equal to at 
                least 125 percent of the Federal poverty line.
            ``(2) Income requirement case.--Such term also includes an 
        individual who does not meet the requirement of paragraph 
        (1)(E) but accepts joint and several liability together with an 
        individual under paragraph (5).
            ``(3) Active duty armed services case.--Such term also 
        includes an individual who does not meet the requirement of 
        paragraph (1)(E) but is on active duty (other than active duty 
        for training) in the Armed Forces of the United States, is 
        petitioning for the admission of the alien under section 204 as 
        the spouse or child of the individual, and demonstrates (as 
        provided in paragraph (6)) the means to maintain an annual 
        income equal to at least 100 percent of the Federal poverty 
        line.
            ``(4) Certain employment-based immigrants case.--Such term 
        also includes an individual--
                    ``(A) who does not meet the requirement of 
                paragraph (1)(D), but is the relative of the sponsored 
                alien who filed a classification petition for the 
                sponsored alien as an employment-based immigrant under 
                section 203(b) or who has a significant ownership 
                interest in the entity that filed such a petition; and
                    ``(B)(i) who demonstrates (as provided under 
                paragraph (6)) the means to maintain an annual income 
                equal to at least 125 percent of the Federal poverty 
                line, or
                    ``(ii) does not meet the requirement of paragraph 
                (1)(E) but accepts joint and several liability together 
                with an individual under paragraph (5).
            ``(5) Non-petitioning case.--Such term also includes an 
        individual who does not meet the requirement of paragraph 
        (1)(D) but who accepts joint and several liability with a 
        petitioning sponsor under paragraph (2) or relative of an 
        employment-based immigrant under paragraph (4) and who 
        demonstrates (as provided under paragraph (6)) the means to 
        maintain an annual income equal to at least 125 percent of the 
        Federal poverty line.
            ``(6) Demonstration of means to maintain income.--
                    ``(A) In general.--
                            ``(i) Method of demonstration.--For 
                        purposes of this section, a demonstration of 
                        the means to maintain income shall include 
                        provision of a certified copy of the 
                        individual's Federal income tax return for the 
                        individual's 3 most recent taxable years and a 
                        written statement, executed under oath or as 
                        permitted under penalty of perjury under 
                        section 1746 of title 28, United States Code, 
                        that the copies are certified copies of such 
                        returns.
                            ``(ii) Flexibility.--For purposes of this 
                        section, aliens may demonstrate the means to 
                        maintain income through demonstration of 
                        significant assets of the sponsored alien or of 
                        the sponsor, if such assets are available for 
                        the support of the sponsored alien.
                            ``(iii) Percent of poverty.--For purposes 
                        of this section, a reference to an annual 
                        income equal to at least a particular 
                        percentage of the Federal poverty line means an 
                        annual income equal to at least such percentage 
                        of the Federal poverty line for a family unit 
                        of a size equal to the number of members of the 
                        sponsor's household (including family and non-
                        family dependents) plus the total number of 
                        other dependents and aliens sponsored by that 
                        sponsor.
                    ``(B) Limitation.--The Secretary of State, or the 
                Attorney General in the case of adjustment of status, 
                may provide that the demonstration under subparagraph 
                (A) applies only to the most recent taxable year.
    ``(h) Federal Poverty Line Defined.--For purposes of this section, 
the term `Federal poverty line' means the level of income equal to the 
official poverty line (as defined by the Director of the Office of 
Management and Budget, as revised annually by the Secretary of Health 
and Human Services, in accordance with section 673(2) of the Omnibus 
Budget Reconciliation Act of 1981 (42 U.S.C. 9902)) that is applicable 
to a family of the size involved.
    ``(i) Sponsor's Social Security Account Number Required To Be 
Provided.--(1) An affidavit of support shall include the social 
security account number of each sponsor.
    ``(2) The Attorney General shall develop an automated system to 
maintain the social security account number data provided under 
paragraph (1).
    ``(3) The Attorney General shall submit an annual report to the 
Committees on the Judiciary of the House of Representatives and the 
Senate setting forth--
            ``(A) for the most recent fiscal year for which data are 
        available the number of sponsors under this section and the 
        number of sponsors in compliance with the financial obligations 
        of this section; and
            ``(B) a comparison of such numbers with the numbers of such 
        sponsors for the preceding fiscal year.''.
    (b) Conforming Amendments.--
            (1) Section 421(a)(1) and section 422(a)(1) of the Personal 
        Responsibility and Work Opportunity Reconciliation Act of 1996 
        (8 U.S.C. 1631(a)(1), 1632(a)(1)) are each amended by inserting 
        ``and as amended by section 551(a) of the Illegal Immigration 
        Reform and Immigrant Responsibility Act of 1996'' after 
        ``section 423''.
            (2) Section 423 of such Act (8 U.S.C. 1138a note) is 
        amended by striking subsection (c).
    (c) Effective Date; Promulgation of Form.--
            (1) In general.--The amendments made by this section shall 
        apply to affidavits of support executed on or after a date 
        specified by the Attorney General, which date shall be not 
        earlier than 60 days (and not later than 90 days) after the 
        date the Attorney General formulates the form for such 
        affidavits under paragraph (2).
            (2) Promulgation of form.--Not later than 90 days after the 
        date of the enactment of this Act, the Attorney General, in 
        consultation with the heads of other appropriate agencies, 
        shall promulgate a standard form for an affidavit of support 
        consistent with the provisions of section 213A of the 
        Immigration and Nationality Act, as amended by subsection (a).

SEC. 552. INDIGENCE AND BATTERED SPOUSE AND CHILD EXCEPTIONS TO FEDERAL 
              ATTRIBUTION OF INCOME RULE.

    Section 421 of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 (8 U.S.C. 1631) is amended by adding at the 
end the following new subsection:
    ``(e) Indigence Exception.--
            ``(1) In general.--For an alien for whom an affidavit of 
        support under section 213A of the Immigration and Nationality 
        Act has been executed, if a determination described in 
        paragraph (2) is made, the amount of income and resources of 
        the sponsor or the sponsor's spouse which shall be attributed 
        to the sponsored alien shall not exceed the amount actually 
        provided for a period beginning on the date of such 
        determination and ending 12 months after such date.
            ``(2) Determination described.--A determination described 
        in this paragraph is a determination by an agency that a 
        sponsored alien would, in the absence of the assistance 
        provided by the agency, be unable to obtain food and shelter, 
        taking into account the alien's own income, plus any cash, 
        food, housing, or other assistance provided by other 
        individuals, including the sponsor. The agency shall notify the 
        Attorney General of each such determination, including the 
        names of the sponsor and the sponsored alien involved.
    ``(f) Special Rule for Battered Spouse and Child.--
            ``(1) In general.--Subject to paragraph (2) and 
        notwithstanding any other provision of this section, subsection 
        (a) shall not apply to benefits--
                    ``(A) during a 12 month period if the alien 
                demonstrates that (i) the alien has been battered or 
                subjected to extreme cruelty in the United States by a 
                spouse or a parent, or by a member of the spouse or 
                parent's family residing in the same household as the 
                alien and the spouse or parent consented to or 
                acquiesced to such battery or cruelty, or (ii) the 
                alien's child has been battered or subjected to extreme 
                cruelty in the United States by the spouse or parent of 
                the alien (without the active participation of the 
                alien in the battery or cruelty), or by a member of the 
                spouse's or parent's family residing in the same 
                household as the alien when the spouse or parent 
                consented or acquiesced to and the alien did not 
                actively participate in such battery or cruelty, and 
                the battery or cruelty described in clause (i) or (ii) 
                (in the opinion of the agency providing such public 
                benefits, which opinion is not subject to review by any 
                court) has a substantial connection to the need for the 
                public benefits applied for; and
                    ``(B) after a 12 month period (regarding the 
                batterer's income and resources only) if the alien 
                demonstrates that such battery or cruelty under 
                subparagraph (A) has been recognized in an order of a 
                judge or administrative law judge or a prior 
                determination of the Immigration and Naturalization 
                Service, and that such battery or cruelty (in the 
                opinion of the agency providing such public benefits, 
                which opinion is not subject to review by any court) 
                has a substantial connection to the need for the 
                benefits.
            ``(2) Limitation.--The exception under paragraph (1) shall 
        not apply to benefits for an alien during any period in which 
        the individual responsible for such battery or cruelty resides 
        in the same household or family eligibility unit as the 
        individual who was subjected to such battery or cruelty.''.

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.

    (a) In General.--Subject to subsection (b) and notwithstanding any 
other provision of law, a State or political subdivision of a State is 
authorized to prohibit or otherwise limit or restrict the eligibility 
of aliens or classes of aliens for programs of general cash public 
assistance furnished under the law of the State or a political 
subdivision of a State.
    (b) Limitation.--The authority provided for under subsection (a) 
may be exercised only to the extent that any prohibitions, limitations, 
or restrictions imposed by a State or political subdivision of a State 
are not more restrictive than the prohibitions, limitations, or 
restrictions imposed under comparable Federal programs. For purposes of 
this section, attribution to an alien of a sponsor's income and 
resources (as described in section 421 of the Personal Responsibility 
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1631)) for 
purposes of determining eligibility for, and the amount of, benefits 
shall be considered less restrictive than a prohibition of eligibility 
for such benefits.

                  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.

    Section 506 of title 18, United States Code, is amended to read as 
follows:
``Sec. 506. Seals of departments or agencies
    ``(a) Whoever--
            ``(1) falsely makes, forges, counterfeits, mutilates, or 
        alters the seal of any department or agency of the United 
        States, or any facsimile thereof;
            ``(2) knowingly uses, affixes, or impresses any such 
        fraudulently made, forged, counterfeited, mutilated, or altered 
        seal or facsimile thereof to or upon any certificate, 
        instrument, commission, document, or paper of any description; 
        or
            ``(3) with fraudulent intent, possesses, sells, offers for 
        sale, furnishes, offers to furnish, gives away, offers to give 
        away, transports, offers to transport, imports, or offers to 
        import any such seal or facsimile thereof, knowing the same to 
        have been so falsely made, forged, counterfeited, mutilated, or 
        altered,
shall be fined under this title, or imprisoned not more than 5 years, 
or both.
    ``(b) Notwithstanding subsection (a) or any other provision of law, 
if a forged, counterfeited, mutilated, or altered seal of a department 
or agency of the United States, or any facsimile thereof, is--
            ``(1) so forged, counterfeited, mutilated, or altered;
            ``(2) used, affixed, or impressed to or upon any 
        certificate, instrument, commission, document, or paper of any 
        description; or
            ``(3) with fraudulent intent, possessed, sold, offered for 
        sale, furnished, offered to furnish, given away, offered to 
        give away, transported, offered to transport, imported, or 
        offered to import,
with the intent or effect of facilitating an alien's application for, 
or receipt of, a Federal benefit to which the alien is not entitled, 
the penalties which may be imposed for each offense under subsection 
(a) shall be two times the maximum fine, and 3 times the maximum term 
of imprisonment, or both, that would otherwise be imposed for an 
offense under subsection (a).
    ``(c) For purposes of this section--
            ``(1) the term `Federal benefit' means--
                    ``(A) the issuance of any grant, contract, loan, 
                professional license, or commercial license provided by 
                any agency of the United States or by appropriated 
                funds of the United States; and
                    ``(B) any retirement, welfare, Social Security, 
                health (including treatment of an emergency medical 
                condition in accordance with section 1903(v) of the 
                Social Security Act (19 U.S.C. 1396b(v))), disability, 
                veterans, public housing, education, food stamps, or 
                unemployment benefit, or any similar benefit for which 
                payments or assistance are provided by an agency of the 
                United States or by appropriated funds of the United 
                States; and
            ``(2) each instance of forgery, counterfeiting, mutilation, 
        or alteration shall constitute a separate offense under this 
        section.''.

SEC. 562. TREATMENT OF EXPENSES SUBJECT TO EMERGENCY MEDICAL SERVICES 
              EXCEPTION.

    (a) In General.--Subject to such amounts as are provided in advance 
in appropriation Acts, each State or political subdivision of a State 
that provides medical assistance for care and treatment of an emergency 
medical condition (as defined in subsection (d)) through a public 
hospital or other public facility (including a nonprofit hospital that 
is eligible for an additional payment adjustment under section 1886 of 
the Social Security Act) or through contract with another hospital or 
facility to an individual who is an alien not lawfully present in the 
United States is eligible for payment from the Federal Government of 
its costs of providing such services, but only to the extent that such 
costs are not otherwise reimbursed through any other Federal program 
and cannot be recovered from the alien or another person.
    (b) Confirmation of Immigration Status Required.--No payment shall 
be made under this section with respect to services furnished to an 
individual unless the immigration status of the individual has been 
verified through appropriate procedures established by the Secretary of 
Health and Human Services and the Attorney General.
    (c) Administration.--This section shall be administered by the 
Attorney General, in consultation with the Secretary of Health and 
Human Services.
    (d) Emergency Medical Condition Defined.--For purposes of this 
section, the term ``emergency medical condition'' means a medical 
condition (including emergency labor and delivery) manifesting itself 
by acute symptoms of sufficient severity (including severe pain) such 
that the absence of immediate medical attention could reasonably be 
expected to result in--
            (1) placing the patient's health in serious jeopardy,
            (2) serious impairment to bodily functions, or
            (3) serious dysfunction of any bodily organ or part.
    (e) Effective Date.--Subsection (a) shall apply to medical 
assistance for care and treatment of an emergency medical condition 
furnished on or after January 1, 1997.

SEC. 563. REIMBURSEMENT OF STATES AND LOCALITIES FOR EMERGENCY 
              AMBULANCE SERVICES.

    Subject to the availability of appropriations, the Attorney General 
shall fully reimburse States and political subdivisions of States for 
costs incurred by such a State or subdivision for emergency ambulance 
services provided to any alien who--
            (1) is injured while crossing a land or sea border of the 
        United States without inspection or at any time or place other 
        than as designated by the Attorney General; and
            (2) is under the custody of the State or subdivision 
        pursuant to a transfer, request, or other action by a Federal 
        authority.

SEC. 564. PILOT PROGRAMS TO REQUIRE BONDING.

    (a) In General.--
            (1) The Attorney General of the United States shall 
        establish a pilot program in 5 district offices of the 
        Immigration and Naturalization Service to require aliens to 
        post a bond in addition to the affidavit requirements under 
        section 213A of the Immigration and Nationality Act and the 
        deeming requirements under section 421 of the Personal 
        Responsibility and Work Opportunity Reconciliation Act of 1996 
        (8 U.S.C. 1631). Any pilot program established pursuant to this 
        subsection shall require an alien to post a bond in an amount 
        sufficient to cover the cost of benefits described in section 
        213A(d)(2)(B) of the Immigration and Nationality Act (as 
        amended by section 551(a) of this division) for the alien and 
        the alien's dependents and shall remain in effect until the 
        departure, naturalization, or death of the alien.
            (2) Suit on any such bonds may be brought under the terms 
        and conditions set forth in section 213A of the Immigration and 
        Nationality Act.
    (b) Regulations.--Not later than 180 days after the date of the 
enactment of this Act, the Attorney General shall issue regulations for 
establishing the pilot programs, including--
            (1) criteria and procedures for--
                    (A) certifying bonding companies for participation 
                in the program, and
                    (B) debarment of any such company that fails to pay 
                a bond, and
            (2) criteria for setting the amount of the bond to assure 
        that the bond is in an amount that is not less than the cost of 
        providing benefits under the programs described in subsection 
        (a)(1) for the alien and the alien's dependents for 6 months.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.
    (d) Annual Reporting Requirement.--Beginning 9 months after the 
date of implementation of the pilot program, the Attorney General shall 
submit annually to the Committees on the Judiciary of the House of 
Representatives and the Senate a report on the effectiveness of the 
program. The Attorney General shall submit a final evaluation of the 
program not later than 1 year after termination.
    (e) Sunset.--The pilot program under this section shall terminate 
after 3 years of operation.
    (f) Bonds in Addition to Sponsorship and Deeming Requirements.--
Section 213 (8 U.S.C. 1183) is amended by inserting ``(subject to the 
affidavit of support requirement and attribution of sponsor's income 
and resources under section 213A)'' after ``in the discretion of the 
Attorney General''.

SEC. 565. REPORTS.

    Not later than 180 days after the end of each fiscal year, the 
Attorney General shall submit a report to the Inspector General of the 
Department of Justice and the Committees on the Judiciary of the House 
of Representatives and of the Senate describing the following:
            (1) Public charge deportations.--The number of aliens 
        deported on public charge grounds under section 241(a)(5) of 
        the Immigration and Nationality Act during the previous fiscal 
        year.
            (2) Indigent sponsors.--The number of determinations made 
        under section 421(e) of the Personal Responsibility and Work 
        Opportunity Reconciliation Act of 1996 (as added by section 552 
        of this division) during the previous fiscal year.
            (3) Reimbursement actions.--The number of actions brought, 
        and the amount of each action, for reimbursement under section 
        213A of the Immigration and Nationality Act (including private 
        collections) for the costs of providing public benefits.

                     Subtitle E--Housing Assistance

SEC. 571. SHORT TITLE.

    This subtitle may be cited as the ``Use of Assisted Housing by 
Aliens Act of 1996''.

SEC. 572. PRORATING OF FINANCIAL ASSISTANCE.

    Section 214(b) of the Housing and Community Development Act of 1980 
(42 U.S.C. 1436a(b)) is amended--
            (1) by inserting ``(1)'' after ``(b)''; and
            (2) by adding at the end the following new paragraph:
    ``(2) If the eligibility for financial assistance of at least one 
member of a family has been affirmatively established under the program 
of financial assistance and under this section, and the ineligibility 
of one or more family members has not been affirmatively established 
under this section, any financial assistance made available to that 
family by the Secretary of Housing and Urban Development shall be 
prorated, based on the number of individuals in the family for whom 
eligibility has been affirmatively established under the program of 
financial assistance and under this section, as compared with the total 
number of individuals who are members of the family.''.

SEC. 573. ACTIONS IN CASES OF TERMINATION OF FINANCIAL ASSISTANCE.

    Section 214(c)(1) of the Housing and Community Development Act of 
1980 (42 U.S.C. 1436a(c)(1)) is amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``may, in its discretion,'' and inserting ``shall'';
            (2) in subparagraph (A), by adding at the end the 
        following: ``Financial assistance continued under this 
        subparagraph for a family may be provided only on a prorated 
        basis, under which the amount of financial assistance is based 
        on the percentage of the total number of members of the family 
        that are eligible for that assistance under the program of 
        financial assistance and under this section.''; and
            (3) in subparagraph (B)--
                    (A) by striking ``3 years'' and inserting ``18-
                months'';
                    (B) by inserting ``(i)'' after ``(B)'';
                    (C) by striking ``Any deferral'' and inserting the 
                following:
                    ``(ii) Except as provided in clause (iii), any 
                deferral''; and
                    (D) by adding at the end the following new clauses:
                    ``(iii) The time period described in clause (ii) 
                shall not apply in the case of a refugee under section 
                207 of the Immigration and Nationality Act or an 
                individual seeking asylum under section 208 of that 
                Act.''.

SEC. 574. VERIFICATION OF IMMIGRATION STATUS AND ELIGIBILITY FOR 
              FINANCIAL ASSISTANCE.

    Section 214(d) of the Housing and Community Development Act of 1980 
(42 U.S.C. 1436a(d)) is amended--
            (1) in the matter preceding paragraph (1), by inserting 
        ``or to be'' after ``being'';
            (2) in paragraph (1)(A), by adding at the end the 
        following: ``If the declaration states that the individual is 
        not a citizen or national of the United States and that the 
        individual is younger than 62 years of age, the declaration 
        shall be verified by the Immigration and Naturalization 
        Service. If the declaration states that the individual is a 
        citizen or national of the United States, the Secretary of 
        Housing and Urban Development, or the agency administering 
        assistance covered by this section, may request verification of 
        the declaration by requiring presentation of documentation that 
        the Secretary considers appropriate, including a United States 
        passport, resident alien card, alien registration card, social 
        security card, or other documentation.'';
            (3) in paragraph (2)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``on the date of the enactment of the Housing 
                and Community Development Act of 1987'' and inserting 
                ``on the date of enactment of the Use of Assisted 
                Housing by Aliens Act of 1996 or applying for financial 
                assistance on or after that date''; and
                    (B) by adding at the end the following:
``In the case of an individual applying for financial assistance on or 
after the date of enactment of the Use of Assisted Housing by Aliens 
Act of 1996, the Secretary may not provide any such assistance for the 
benefit of that individual before documentation is presented and 
verified under paragraph (3) or (4).'';
            (4) in paragraph (4)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``on the date of the enactment of the Housing 
                and Community Development Act of 1987'' and inserting 
                ``on the date of enactment of the Use of Assisted 
                Housing by Aliens Act of 1996 or applying for financial 
                assistance on or after that date'';
                    (B) in subparagraph (A)--
                            (i) in clause (i)--
                                    (I) by inserting ``, not to exceed 
                                30 days,'' after ``reasonable 
                                opportunity''; and
                                    (II) by striking ``and'' at the 
                                end; and
                            (ii) by striking clause (ii) and inserting 
                        the following:
                            ``(ii) in the case of any individual 
                        receiving assistance on the date of enactment 
                        of the Use of Assisted Housing by Aliens Act of 
                        1996, may not delay, deny, reduce, or terminate 
                        the eligibility of that individual for 
                        financial assistance on the basis of the 
immigration status of that individual until the expiration of that 30-
day period; and
                            ``(iii) in the case of any individual 
                        applying for financial assistance on or after 
                        the date of enactment of the Use of Assisted 
                        Housing by Aliens Act of 1996, may not deny the 
                        application for such assistance on the basis of 
                        the immigration status of that individual until 
                        the expiration of that 30-day period; and''; 
                        and
                    (C) in subparagraph (B), by striking clause (ii) 
                and inserting the following:
                            ``(ii) pending such verification or appeal, 
                        the Secretary may not--
                                    ``(I) in the case of any individual 
                                receiving assistance on the date of 
                                enactment of the Use of Assisted 
                                Housing by Aliens Act of 1996, delay, 
                                deny, reduce, or terminate the 
                                eligibility of that individual for 
                                financial assistance on the basis of 
                                the immigration status of that 
                                individual; and
                                    ``(II) in the case of any 
                                individual applying for financial 
                                assistance on or after the date of 
                                enactment of the Use of Assisted 
                                Housing by Aliens Act of 1996, deny the 
                                application for such assistance on the 
                                basis of the immigration status of that 
                                individual; and'';
            (5) in paragraph (5), by striking ``status--'' and all that 
        follows through the end of the paragraph and inserting the 
        following: ``status, the Secretary shall--
                    ``(A) deny the application of that individual for 
                financial assistance or terminate the eligibility of 
                that individual for financial assistance, as 
                applicable;
                    ``(B) provide that the individual may request a 
                fair hearing during the 30-day period beginning upon 
                receipt of the notice under subparagraph (C); and
                    ``(C) provide to the individual written notice of 
                the determination under this paragraph, the right to a 
                fair hearing process, and the time limitation for 
                requesting a hearing under subparagraph (C).''; and
            (6) by striking paragraph (6) and inserting the following:
            ``(6) The Secretary shall terminate the eligibility for 
        financial assistance of an individual and the members of the 
        household of the individual, for a period of not less than 24 
        months, upon determining that such individual has knowingly 
        permitted another individual who is not eligible for such 
        assistance to reside in the public or assisted housing unit of 
        the individual. This provision shall not apply to a family if 
        the ineligibility of the ineligible individual at issue was 
        considered in calculating any proration of assistance provided 
        for the family.''.

SEC. 575. PROHIBITION OF SANCTIONS AGAINST ENTITIES MAKING FINANCIAL 
              ASSISTANCE ELIGIBILITY DETERMINATIONS.

    Section 214(e) of the Housing and Community Development Act of 1980 
(42 U.S.C. 1436a(e)) is amended--
            (1) in paragraph (2), by adding ``or'' at the end;
            (2) in paragraph (3), by adding at the end the following: 
        ``the response from the Immigration and Naturalization Service 
        to the appeal of that individual.''; and
            (3) by striking paragraph (4).

SEC. 576. ELIGIBILITY FOR PUBLIC AND ASSISTED HOUSING.

    Section 214 of the Housing and Community Development Act of 1980 
(42 U.S.C. 1436a) is amended by adding at the end the following new 
subsection:
    ``(h) Verification of Eligibility.--
            ``(1) In general.--Except in the case of an election under 
        paragraph (2)(A), no individual or family applying for 
        financial assistance may receive such financial assistance 
        prior to the affirmative establishment and verification of 
        eligibility of at least the individual or one family member 
        under this section by the Secretary or other appropriate 
        entity.
            ``(2) Rules applicable to public housing agencies.--A 
        public housing agency (as that term is defined in section 3 of 
        the United States Housing Act of 1937)--
                    ``(A) may elect not to comply with this section; 
                and
                    ``(B) in complying with this section--
                            ``(i) may initiate procedures to 
                        affirmatively establish or verify the 
                        eligibility of an individual or family under 
                        this section at any time at which the public 
                        housing agency determines that such eligibility 
                        is in question, regardless of whether or not 
                        that individual or family is at or near the top 
                        of the waiting list of the public housing 
                        agency;
                            ``(ii) may affirmatively establish or 
                        verify the eligibility of an individual or 
                        family under this section in accordance with 
                        the procedures set forth in section 274A(b)(1) 
                        of the Immigration and Nationality Act; and
                            ``(iii) shall have access to any relevant 
                        information contained in the SAVE system (or 
                        any successor thereto) that relates to any 
                        individual or family applying for financial 
                        assistance.
            ``(3) Eligibility of families.--For purposes of this 
        subsection, with respect to a family, the term `eligibility' 
        means the eligibility of each family member.''.

SEC. 577. REGULATIONS.

    (a) Issuance.--Not later than the 60 days after the date of 
enactment of this Act, the Secretary of Housing and Urban Development 
shall issue any regulations necessary to implement the amendments made 
by this part. Such regulations shall be issued in the form of an 
interim final rule, which shall take effect upon issuance and shall not 
be subject to the provisions of section 533 of title 5, United States 
Code, regarding notice or opportunity for comment.
    (b) Failure To Issue.--If the Secretary fails to issue the 
regulations required under subsection (a) before the date specified in 
that subsection, the regulations relating to restrictions on assistance 
to noncitizens, contained in the final rule issued by the Secretary of 
Housing and Urban Development in RIN-2501-AA63 (Docket No. R-95-1409; 
FR-2383-F-050), published in the Federal Register on March 20, 1995 
(Vol. 60, No. 53; pp. 14824-14861), shall not apply after that date.

                     Subtitle F--General Provisions

SEC. 591. EFFECTIVE DATES.

    Except as provided in this title, this title and the amendments 
made by this title shall take effect on the date of the enactment of 
this Act.

SEC. 592. NOT APPLICABLE TO FOREIGN ASSISTANCE.

    This title does not apply to any Federal, State, or local 
governmental program, assistance, or benefits provided to an alien 
under any program of foreign assistance as determined by the Secretary 
of State in consultation with the Attorney General.

SEC. 593. NOTIFICATION.

    (a) In General.--Each agency of the Federal Government or a State 
or political subdivision that administers a program affected by the 
provisions of this title, shall, directly or through the States, 
provide general notification to the public and to program recipients of 
the changes regarding eligibility for any such program pursuant to this 
title.
    (b) Failure To Give Notice.--Nothing in this section shall be 
construed to require or authorize continuation of eligibility if the 
notice under this section is not provided.

SEC. 594. DEFINITIONS.

    Except as otherwise provided in this title, for purposes of this 
title--
            (1) the terms ``alien'', ``Attorney General'', 
        ``national'', ``naturalization'', ``State'', and ``United 
        States'' shall have the meaning given such terms in section 
        101(a) of the Immigration and Nationality Act; and
            (2) the term ``child'' shall have the meaning given such 
        term in section 101(c) of the Immigration and Nationality Act.

                   TITLE VI--MISCELLANEOUS PROVISIONS

                Subtitle A--Refugees, Parole, and Asylum

SEC. 601. PERSECUTION FOR RESISTANCE TO COERCIVE POPULATION CONTROL 
              METHODS.

    (a) Definition of Refugee.--
            (1) Section 101(a)(42) (8 U.S.C. 1101(a)(42)) is amended by 
        adding at the end the following: ``For purposes of 
        determinations under this Act, a person who has been forced to 
        abort a pregnancy or to undergo involuntary sterilization, or 
        who has been persecuted for failure or refusal to undergo such 
        a procedure or for other resistance to a coercive population 
        control program, shall be deemed to have been persecuted on 
        account of political opinion, and a person who has a well 
        founded fear that he or she will be forced to undergo such a 
        procedure or subject to persecution for such failure, refusal, 
        or resistance shall be deemed to have a well founded fear of 
        persecution on account of political opinion.''.
            (2) Not later than 90 days after the end of each fiscal 
        year, the Attorney General shall submit a report to the 
        Committee on the Judiciary of the House of Representatives and 
        the Committee on the Judiciary of the Senate describing the 
        number and countries of origin of aliens granted refugee status 
        or asylum under determinations pursuant to the amendment made 
        by paragraph (1). Each such report shall also contain 
        projections regarding the number and countries of origin of 
        aliens that are likely to be granted refugee status or asylum 
        for the subsequent 2 fiscal years.
    (b) Numerical Limitation.--Section 207(a) (8 U.S.C. 1157(a)) is 
amended by adding at the end the following new paragraph:
    ``(5) For any fiscal year, not more than a total of 1,000 refugees 
may be admitted under this subsection or granted asylum under section 
208 pursuant to a determination under the third sentence of section 
101(a)(42) (relating to persecution for resistance to coercive 
population control methods).''.

SEC. 602. LIMITATION ON USE OF PAROLE.

    (a) Parole Authority.--Section 212(d)(5)(A) (8 U.S.C. 1182(d)(5)) 
is amended by striking ``for emergent reasons or for reasons deemed 
strictly in the public interest'' and inserting ``only on a case-by-
case basis for urgent humanitarian reasons or significant public 
benefit''.
    (b) Report to Congress.--Not later than 90 days after the end of 
each fiscal year, the Attorney General shall submit a report to the 
Committee on the Judiciary of the House of Representatives and the 
Committee on the Judiciary of the Senate describing the number and 
categories of aliens paroled into the United States under section 
212(d)(5) of the Immigration and Nationality Act. Each such report 
shall provide the total number of aliens paroled into and residing in 
the United States and shall contain information and data for each 
country of origin concerning the number and categories of aliens 
paroled, the duration of parole, the current status of aliens paroled, 
and the number and categories of aliens returned to the custody from 
which they were paroled during the preceding fiscal year.

SEC. 603. TREATMENT OF LONG-TERM PAROLEES IN APPLYING WORLDWIDE 
              NUMERICAL LIMITATIONS.

    Section 201(c) (8 U.S.C. 1151(c)) is amended--
            (1) by amending paragraph (1)(A)(ii) to read as follows:
            ``(ii) the sum of the number computed under paragraph (2) 
        and the number computed under paragraph (4), plus''; and
            (2) by adding at the end the following new paragraphs:
    ``(4) The number computed under this paragraph for a fiscal year 
(beginning with fiscal year 1999) is the number of aliens who were 
paroled into the United States under section 212(d)(5) in the second 
preceding fiscal year--
            ``(A) who did not depart from the United States (without 
        advance parole) within 365 days; and
            ``(B) who (i) did not acquire the status of aliens lawfully 
        admitted to the United States for permanent residence in the 
        two preceding fiscal years, or (ii) acquired such status in 
        such years under a provision of law (other than section 201(b)) 
        which exempts such adjustment from the numerical limitation on 
        the worldwide level of immigration under this section.
    ``(5) If any alien described in paragraph (4) (other than an alien 
described in paragraph (4)(B)(ii)) is subsequently admitted as an alien 
lawfully admitted for permanent residence, such alien shall not again 
be considered for purposes of paragraph (1).''.

SEC. 604. ASYLUM REFORM.

    (a) Asylum Reform.--Section 208 (8 U.S.C. 1158) is amended to read 
as follows:

                                ``asylum

    ``Sec. 208. (a) Authority To Apply for Asylum.--
            ``(1) In general.--Any alien who is physically present in 
        the United States or who arrives in the United States (whether 
        or not at a designated port of arrival and including an alien 
        who is brought to the United States after having been 
        interdicted in international or United States waters), 
        irrespective of such alien's status, may apply for asylum in 
        accordance with this section or, where applicable, section 
        235(b).
            ``(2) Exceptions.--
                    ``(A) Safe third country.--Paragraph (1) shall not 
                apply to an alien if the Attorney General determines 
                that the alien may be removed, pursuant to a bilateral 
                or multilateral agreement, to a country (other than the 
                country of the alien's nationality or, in the case of 
                an alien having no nationality, the country of the 
                alien's last habitual residence) in which the alien's 
                life or freedom would not be threatened on account of 
                race, religion, nationality, membership in a particular 
                social group, or political opinion, and where the alien 
                would have access to a full and fair procedure for 
                determining a claim to asylum or equivalent temporary 
                protection, unless the Attorney General finds that it 
                is in the public interest for the alien to receive 
                asylum in the United States.
                    ``(B) Time limit.--Subject to subparagraph (D), 
                paragraph (1) shall not apply to an alien unless the 
                alien demonstrates by clear and convincing evidence 
                that the application has been filed within 1 year after 
                the date of the alien's arrival in the United States.
                    ``(C) Previous asylum applications.--Subject to 
                subparagraph (D), paragraph (1) shall not apply to an 
                alien if the alien has previously applied for asylum 
                and had such application denied.
                    ``(D) Changed circumstances.--An application for 
                asylum of an alien may be considered, notwithstanding 
                subparagraphs (B) and (C), if the alien demonstrates to 
                the satisfaction of the Attorney General either the 
                existence of changed circumstances which materially 
                affect the applicant's eligibility for asylum or 
                extraordinary circumstances relating to the delay in 
                filing an application within the period specified in 
                subparagraph (B).
            ``(3) Limitation on judicial review.--No court shall have 
        jurisdiction to review any determination of the Attorney 
        General under paragraph (2).
    ``(b) Conditions for Granting Asylum.--
            ``(1) In general.--The Attorney General may grant asylum to 
        an alien who has applied for asylum in accordance with the 
        requirements and procedures established by the Attorney General 
        under this section if the Attorney General determines that such 
        alien is a refugee within the meaning of section 101(a)(42)(A).
            ``(2) Exceptions.--
                    ``(A) In general.--Paragraph (1) shall not apply to 
                an alien if the Attorney General determines that--
                            ``(i) the alien ordered, incited, assisted, 
                        or otherwise participated in the persecution of 
                        any person on account of race, religion, 
                        nationality, membership in a particular social 
                        group, or political opinion;
                            ``(ii) the alien, having been convicted by 
                        a final judgment of a particularly serious 
                        crime, constitutes a danger to the community of 
                        the United States;
                            ``(iii) there are serious reasons for 
                        believing that the alien has committed a 
                        serious nonpolitical crime outside the United 
                        States prior to the arrival of the alien in the 
                        United States;
                            ``(iv) there are reasonable grounds for 
                        regarding the alien as a danger to the security 
                        of the United States;
                            ``(v) the alien is inadmissible under 
                        subclause (I), (II), (III), or (IV) of section 
                        212(a)(3)(B)(i) or removable under section 
                        237(a)(4)(B) (relating to terrorist activity), 
                        unless, in the case only of an alien 
                        inadmissible under subclause (IV) of section 
                        212(a)(3)(B)(i), the Attorney General 
                        determines, in the Attorney General's 
                        discretion, that there are not reasonable 
                        grounds for regarding the alien as a danger to 
                        the security of the United States; or
                            ``(vi) the alien was firmly resettled in 
                        another country prior to arriving in the United 
                        States.
                    ``(B) Special rules.--
                            ``(i) Conviction of aggravated felony.--For 
                        purposes of clause (ii) of subparagraph (A), an 
                        alien who has been convicted of an aggravated 
                        felony shall be considered to have been 
                        convicted of a particularly serious crime.
                            ``(ii) Offenses.--The Attorney General may 
                        designate by regulation offenses that will be 
                        considered to be a crime described in clause 
                        (ii) or (iii) of subparagraph (A).
                    ``(C) Additional limitations.--The Attorney General 
                may by regulation establish additional limitations and 
                conditions, consistent with this section, under which 
                an alien shall be ineligible for asylum under paragraph 
                (1).
                    ``(D) No judicial review.--There shall be no 
                judicial review of a determination of the Attorney 
                General under subparagraph (A)(v).
            ``(3) Treatment of spouse and children.--A spouse or child 
        (as defined in section 101(b)(1)(A), (B), (C), (D), or (E)) of 
        an alien who is granted asylum under this subsection may, if 
        not otherwise eligible for asylum under this section, be 
        granted the same status as the alien if accompanying, or 
        following to join, such alien.
    ``(c) Asylum Status.--
            ``(1) In general.--In the case of an alien granted asylum 
        under subsection (b), the Attorney General--
                    ``(A) shall not remove or return the alien to the 
                alien's country of nationality or, in the case of a 
                person having no nationality, the country of the 
                alien's last habitual residence;
                    ``(B) shall authorize the alien to engage in 
                employment in the United States and provide the alien 
                with appropriate endorsement of that authorization; and
                    ``(C) may allow the alien to travel abroad with the 
                prior consent of the Attorney General.
          ``(2) Termination of asylum.--Asylum granted under subsection 
        (b) does not convey a right to remain permanently in the United 
        States, and may be terminated if the Attorney General 
        determines that--
                  ``(A) the alien no longer meets the conditions 
                described in subsection (b)(1) owing to a fundamental 
                change in circumstances;
                  ``(B) the alien meets a condition described in 
                subsection (b)(2);
                  ``(C) the alien may be removed, pursuant to a 
                bilateral or multilateral agreement, to a country 
                (other than the country of the alien's nationality or, 
                in the case of an alien having no nationality, the 
                country of the alien's last habitual residence) in 
                which the alien's life or freedom would not be 
                threatened on account of race, religion, nationality, 
                membership in a particular social group, or political 
                opinion, and where the alien is eligible to receive 
                asylum or equivalent temporary protection;
                  ``(D) the alien has voluntarily availed himself or 
                herself of the protection of the alien's country of 
                nationality or, in the case of an alien having no 
                nationality, the alien's country of last habitual 
                residence, by returning to such country with permanent 
                resident status or the reasonable possibility of 
                obtaining such status with the same rights and 
                obligations pertaining to other permanent residents of 
                that country; or
                  ``(E) the alien has acquired a new nationality and 
                enjoys the protection of the country of his or her new 
                nationality.
          ``(3) Removal when asylum is terminated.--An alien described 
        in paragraph (2) is subject to any applicable grounds of 
        inadmissibility or deportability under section 212(a) and 
        237(a), and the alien's removal or return shall be directed by 
        the Attorney General in accordance with sections 240 and 241.
          ``(d) Asylum Procedure.--
          ``(1) Applications.--The Attorney General shall establish a 
        procedure for the consideration of asylum applications filed 
        under subsection (a). The Attorney General may require 
        applicants to submit fingerprints and a photograph at such time 
        and in such manner to be determined by regulation by the 
        Attorney General.
          ``(2) Employment.--An applicant for asylum is not entitled to 
        employment authorization, but such authorization may be 
        provided under regulation by the Attorney General. An applicant 
        who is not otherwise eligible for employment authorization 
        shall not be granted such authorization prior to 180 days after 
        the date of filing of the application for asylum.
          ``(3) Fees.--The Attorney General may impose fees for the 
        consideration of an application for asylum, for employment 
        authorization under this section, and for adjustment of status 
        under section 209(b). Such fees shall not exceed the Attorney 
        General's costs in adjudicating the applications. The Attorney 
        General may provide for the assessment and payment of such fees 
        over a period of time or by installments. Nothing in this 
        paragraph shall be construed to require the Attorney General to 
        charge fees for adjudication services provided to asylum 
        applicants, or to limit the authority of the Attorney General 
        to set adjudication and naturalization fees in accordance with 
        section 286(m).
          ``(4) Notice of privilege of counsel and consequences of 
        frivolous application.--At the time of filing an application 
        for asylum, the Attorney General shall--
                  ``(A) advise the alien of the privilege of being 
                represented by counsel and of the consequences, under 
                paragraph (6), of knowingly filing a frivolous 
                application for asylum; and
                  ``(B) provide the alien a list of persons (updated 
                not less often than quarterly) who have indicated their 
                availability to represent aliens in asylum proceedings 
                on a pro bono basis.
          ``(5) Consideration of asylum applications.--
                  ``(A) Procedures.--The procedure established under 
                paragraph (1) shall provide that--
                            ``(i) asylum cannot be granted until the 
                        identity of the applicant has been checked 
                        against all appropriate records or databases 
                        maintained by the Attorney General and by the 
                        Secretary of State, including the Automated 
                        Visa Lookout System, to determine any grounds 
                        on which the alien may be inadmissible to or 
                        deportable from the United States, or 
                        ineligible to apply for or be granted asylum;
                          ``(ii) in the absence of exceptional 
                        circumstances, the initial interview or hearing 
                        on the asylum application shall commence not 
                        later than 45 days after the date an 
                        application is filed;
                          ``(iii) in the absence of exceptional 
                        circumstances, final administrative 
                        adjudication of the asylum application, not 
                        including administrative appeal, shall be 
                        completed within 180 days after the date an 
                        application is filed;
                          ``(iv) any administrative appeal shall be 
                        filed within 30 days of a decision granting or 
                        denying asylum, or within 30 days of the 
                        completion of removal proceedings before an 
                        immigration judge under section 240, whichever 
                        is later; and
                          ``(v) in the case of an applicant for asylum 
                        who fails without prior authorization or in the 
                        absence of exceptional circumstances to appear 
                        for an interview or hearing, including a 
                        hearing under section 240, the application may 
                        be dismissed or the applicant may be otherwise 
                        sanctioned for such failure.
                  ``(B) Additional regulatory conditions.--The Attorney 
                General may provide by regulation for any other 
                conditions or limitations on the consideration of an 
                application for asylum not inconsistent with this Act.
          ``(6) Frivolous applications.--If the Attorney General 
        determines that an alien has knowingly made a frivolous 
        application for asylum and the alien has received the notice 
        under paragraph (4)(A), the alien shall be permanently 
        ineligible for any benefits under this Act, effective as of the 
        date of a final determination on such application.
          ``(7) No private right of action.--Nothing in this subsection 
        shall be construed to create any substantive or procedural 
        right or benefit that is legally enforceable by any party 
        against the United States or its agencies or officers or any 
        other person.''.
          (b) Conforming and Clerical Amendments.--
          (1) The item in the table of contents relating to section 208 
        is amended to read as follows:

``Sec. 208. Asylum.''.

          (2) Section 104(d)(1)(A) of the Immigration Act of 1990 
        (Public Law 101-649) is amended by striking ``208(b)'' and 
        inserting ``208''.
          (c) Effective Date.--The amendment made by subsection (a) 
shall apply to applications for asylum filed on or after the first day 
of the first month beginning more than 180 days after the date of the 
enactment of this Act.

SEC. 605. INCREASE IN ASYLUM OFFICERS.

          Subject to the availability of appropriations, the Attorney 
General shall provide for an increase in the number of asylum officers 
to at least 600 asylum officers by fiscal year 1997.

SEC. 606. CONDITIONAL REPEAL OF CUBAN ADJUSTMENT ACT.

          (a) In General.--Public Law 89-732 is repealed effective only 
upon a determination by the President under section 203(c)(3) of the 
Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (Public 
Law 104-114) that a democratically elected government in Cuba is in 
power.
          (b) Limitation.--Subsection (a) shall not apply to aliens for 
whom an application for adjustment of status is pending on such 
effective date.

Subtitle B--Miscellaneous Amendments to the Immigration and Nationality 
                                  Act

SEC. 621. ALIEN WITNESS COOPERATION.

          Section 214(j)(1) (8 U.S.C. 1184(j)(1)) (as added by section 
130003(b)(2) of the Violent Crime Control and Law Enforcement Act of 
1994 (Public Law 103-322; 108 Stat. 2025)) (relating to numerical 
limitations on the number of aliens who may be provided a visa as 
nonimmigrants under section 101(a)(15)(S) of the Immigration and 
Nationality Act) is amended--
          (1) by striking ``100.'' and inserting ``200.''; and
          (2) by striking ``25.'' and inserting ``50.''.

SEC. 622. WAIVER OF FOREIGN COUNTRY RESIDENCE REQUIREMENT WITH RESPECT 
              TO INTERNATIONAL MEDICAL GRADUATES.

          (a) Extension of Waiver Program.--Section 220(c) of the 
Immigration and Nationality Technical Corrections Act of 1994 (8 U.S.C. 
1182 note) is amended by striking ``1996.'' and inserting ``2002.''.
          (b) Conditions on Federally Requested Waivers.--Section 
212(e) (8 U.S.C. 1182(e)) is amended by inserting after ``except that 
in the case of a waiver requested by a State Department of Public 
Health, or its equivalent'' the following: ``, or in the case of a 
waiver requested by an interested United States Government agency on 
behalf of an alien described in clause (iii),''.
          (c) Restrictions on Federally Requested Waivers.--Section 
214(k) (8 U.S.C. 1184(k)) (as added by section 220(b) of the 
Immigration and Nationality Technical Corrections Act of 1994 (Public 
Law 103-416; 108 Stat. 4319)) is amended to read as follows:
          ``(k)(1) In the case of a request by an interested State 
agency, or by an interested Federal agency, for a waiver of the 2-year 
foreign residence requirement under section 212(e) on behalf of an 
alien described in clause (iii) of such section, the Attorney General 
shall not grant such waiver unless--
          ``(A) in the case of an alien who is otherwise contractually 
        obligated to return to a foreign country, the government of 
        such country furnishes the Director of the United States 
        Information Agency with a statement in writing that it has no 
        objection to such waiver;
          ``(B) in the case of a request by an interested State agency, 
        the grant of such waiver would not cause the number of waivers 
        allotted for that State for that fiscal year to exceed 20;
          ``(C) in the case of a request by an interested Federal 
        agency or by an interested State agency--
                  ``(i) the alien demonstrates a bona fide offer of 
                full-time employment at a health facility or health 
                care organization, which employment has been determined 
                by the Attorney General to be in the public interest; 
                and
                  ``(ii) the alien agrees to begin employment with the 
                health facility or health care organization within 90 
                days of receiving such waiver, and agrees to continue 
                to work for a total of not less than 3 years (unless 
                the Attorney General determines that extenuating 
                circumstances exist, such as closure of the facility or 
                hardship to the alien, which would justify a lesser 
                period of employment at such health facility or health 
                care organization, in which case the alien must 
                demonstrate another bona fide offer of employment at a 
                health facility or health care organization for the 
                remainder of such 3-year period); and
          ``(D) in the case of a request by an interested Federal 
        agency (other than a request by an interested Federal agency to 
        employ the alien full-time in medical research or training) or 
        by an interested State agency, the alien agrees to practice 
        medicine in accordance with paragraph (2) for a total of not 
        less than 3 years only in the geographic area or areas which 
        are designated by the Secretary of Health and Human Services as 
        having a shortage of health care professionals.
          ``(2)(A) Notwithstanding section 248(2), the Attorney General 
        may change the status of an alien who qualifies under this 
        subsection and section 212(e) to that of an alien described in 
        section 101(a)(15)(H)(i)(b).
          ``(B) No person who has obtained a change of status under 
        subparagraph (A) and who has failed to fulfill the terms of the 
        contract with the health facility or health care organization 
        named in the waiver application shall be eligible to apply for 
        an immigrant visa, for permanent residence, or for any other 
        change of nonimmigrant status, until it is established that 
        such person has resided and been physically present in the 
        country of his nationality or his last residence for an 
        aggregate of at least 2 years following departure from the 
        United States.
          ``(3) Notwithstanding any other provision of this subsection, 
        the 2-year foreign residence requirement under section 212(e) 
        shall apply with respect to an alien described in clause (iii) 
        of such section, who has not otherwise been accorded status 
        under section 101(a)(27)(H), if--
                    ``(A) at any time the alien ceases to comply with 
                any agreement entered into under subparagraph (C) or 
                (D) of paragraph (1); or
                    ``(B) the alien's employment ceases to benefit the 
                public interest at any time during the 3-year period 
                described in paragraph (1)(C).''.

SEC. 623. USE OF LEGALIZATION AND SPECIAL AGRICULTURAL WORKER 
              INFORMATION.

  (a) Confidentiality of Information.--Section 245A(c)(5) (8 U.S.C. 
1255a(c)(5)) is amended to read as follows:
            ``(5) Confidentiality of information.--
                    ``(A) In general.--Except as provided in this 
                paragraph, neither the Attorney General, nor any other 
                official or employee of the Department of Justice, or 
                bureau or agency thereof, may--
                            ``(i) use the information furnished by the 
                        applicant pursuant to an application filed 
                        under this section for any purpose other than 
                        to make a determination on the application, for 
                        enforcement of paragraph (6), or for the 
                        preparation of reports to Congress under 
                        section 404 of the Immigration Reform and 
                        Control Act of 1986;
                            ``(ii) make any publication whereby the 
                        information furnished by any particular 
                        applicant can be identified; or
                            ``(iii) permit anyone other than the sworn 
                        officers and employees of the Department or 
                        bureau or agency or, with respect to 
                        applications filed with a designated entity, 
                        that designated entity, to examine individual 
                        applications.
                    ``(B) Required disclosures.--The Attorney General 
                shall provide the information furnished under this 
                section, and any other information derived from such 
                furnished information, to a duly recognized law 
                enforcement entity in connection with a criminal 
                investigation or prosecution, when such information is 
                requested in writing by such entity, or to an official 
                coroner for purposes of affirmatively identifying a 
                deceased individual (whether or not such individual is 
                deceased as a result of a crime).
                    ``(C) Authorized disclosures.--The Attorney General 
                may provide, in the Attorney General's discretion, for 
                the furnishing of information furnished under this 
                section in the same manner and circumstances as census 
                information may be disclosed by the Secretary of 
                Commerce under section 8 of title 13, United States 
                Code.
                    ``(D) Construction.--
                            ``(i) In general.--Nothing in this 
                        paragraph shall be construed to limit the use, 
                        or release, for immigration enforcement 
                        purposes or law enforcement purposes of 
                        information contained in files or records of 
                        the Service pertaining to an application filed 
                        under this section, other than information 
                        furnished by an applicant pursuant to the 
                        application, or any other information derived 
                        from the application, that is not available 
                        from any other source.
                          ``(ii) Criminal convictions.--Information 
                        concerning whether the applicant has at any 
                        time been convicted of a crime may be used or 
                        released for immigration enforcement or law 
                        enforcement purposes.
                    ``(E) Crime.--Whoever knowingly uses, publishes, or 
                permits information to be examined in violation of this 
                paragraph shall be fined not more than $10,000.''.
            (b) Special Agricultural Workers.--Section 210(b)(6) (8 
U.S.C. 1160(b)(6)) is amended to read as follows:
          ``(6) Confidentiality of information.--
                    ``(A) In general.--Except as provided in this 
                paragraph, neither the Attorney General, nor any 
other official or employee of the Department of Justice, or bureau or 
agency thereof, may--
                            ``(i) use the information furnished by the 
                        applicant pursuant to an application filed 
                        under this section for any purpose other than 
                        to make a determination on the application, 
                        including a determination under subsection 
                        (a)(3)(B), or for enforcement of paragraph (7);
                            ``(ii) make any publication whereby the 
                        information furnished by any particular 
                        individual can be identified; or
                            ``(iii) permit anyone other than the sworn 
                        officers and employees of the Department or 
                        bureau or agency or, with respect to 
                        applications filed with a designated entity, 
                        that designated entity, to examine individual 
                        applications.
                    ``(B) Required disclosures.--The Attorney General 
                shall provide information furnished under this section, 
                and any other information derived from such furnished 
                information, to a duly recognized law enforcement 
                entity in connection with a criminal investigation or 
                prosecution, when such information is requested in 
                writing by such entity, or to an official coroner for 
                purposes of affirmatively identifying a deceased 
                individual (whether or not such individual is deceased 
                as a result of a crime).
                    ``(C) Construction.--
                            ``(i) In general.--Nothing in this 
                        paragraph shall be construed to limit the use, 
                        or release, for immigration enforcement 
                        purposes or law enforcement purposes of 
                        information contained in files or records of 
                        the Service pertaining to an application filed 
                        under this section, other than information 
                        furnished by an applicant pursuant to the 
                        application, or any other information derived 
                        from the application, that is not available 
                        from any other source.
                            ``(ii) Criminal convictions.--Information 
                        concerning whether the applicant has at any 
                        time been convicted of a crime may be used or 
                        released for immigration enforcement or law 
                        enforcement purposes.
                    ``(D) Crime.--Whoever knowingly uses, publishes, or 
                permits information to be examined in violation of this 
                paragraph shall be fined not more than $10,000.''.

SEC. 624. CONTINUED VALIDITY OF LABOR CERTIFICATIONS AND CLASSIFICATION 
              PETITIONS FOR PROFESSIONAL ATHLETES.

    (a) Labor Certification.--Section 212(a)(5)(A) (8 U.S.C. 
1182(a)(5)(A)) is amended by adding at the end the following:
                            ``(iii) Professional athletes.--
                                    ``(I) In general.--A certification 
                                made under clause (i) with respect to a 
                                professional athlete shall remain valid 
                                with respect to the athlete after the 
                                athlete changes employer, if the new 
                                employer is a team in the same sport as 
                                the team which employed the athlete 
                                when the athlete first applied for the 
                                certification.
                                    ``(II) Definition.--For purposes of 
                                subclause (I), the term `professional 
                                athlete' means an individual who is 
                                employed as an athlete by--
                                            ``(aa) a team that is a 
                                        member of an association of 6 
                                        or more professional sports 
                                        teams whose total combined 
                                        revenues exceed $10,000,000 per 
                                        year, if the association 
                                        governs the conduct of its 
                                        members and regulates the 
                                        contests and exhibitions in 
                                        which its member teams 
                                        regularly engage; or
                                            ``(bb) any minor league 
                                        team that is affiliated with 
                                        such an association.''.
    (b) Classification Petitions.--Section 204 (8 U.S.C. 1154) is 
amended by adding at the end the following:
    ``(i) Professional Athletes.--
            ``(1) In general.--A petition under subsection (a)(4)(D) 
        for classification of a professional athlete shall remain valid 
        for the athlete after the athlete changes employers, if the new 
        employer is a team in the same sport as the team which was the 
        employer who filed the petition.
            ``(2) Definition.--For purposes of paragraph (1), the term 
        `professional athlete' means an individual who is employed as 
        an athlete by--
                    ``(A) a team that is a member of an association of 
                6 or more professional sports teams whose total 
                combined revenues exceed $10,000,000 per year, if the 
                association governs the conduct of its members and 
                regulates the contests and exhibitions in which its 
                member teams regularly engage; or
                    ``(B) any minor league team that is affiliated with 
                such an association.''.

SEC. 625. FOREIGN STUDENTS.

    (a) Limitations.--
            (1) In general.--Section 214 (8 U.S.C. 1184) is amended by 
        adding at the end the following new subsection:
    ``(l)(1) An alien may not be accorded status as a nonimmigrant 
under section 101(a)(15)(F)(i) in order to pursue a course of study--
            ``(A) at a public elementary school or in a publicly funded 
        adult education program; or
            ``(B) at a public secondary school unless--
                    ``(i) the aggregate period of such status at such a 
                school does not exceed 12 months with respect to any 
                alien, and (ii) the alien demonstrates that the alien 
                has reimbursed the local educational agency that 
                administers the school for the full, unsubsidized per 
                capita cost of providing education at such school for 
                the period of the alien's attendance.
    ``(2) An alien who obtains the status of a nonimmigrant under 
section 101(a)(15)(F)(i) in order to pursue a course of study at a 
private elementary or secondary school or in a language training 
program that is not publicly funded shall be considered to have 
violated such status, and the alien's visa under section 101(a)(15)(F) 
shall be void, if the alien terminates or abandons such course of study 
at such a school and undertakes a course of study at a public 
elementary school, in a publicly funded adult education program, in a 
publicly funded adult education language training program, or at a 
public secondary school (unless the requirements of paragraph (1)(B) 
are met).''.
            (2) Conforming amendment.--Section 101(a)(15)(F) (8 U.S.C. 
        1101(a)(15)(F)) is amended by inserting ``consistent with 
        section 214(l)'' after ``such a course of study''.
    (b) Reference to New Ground of Exclusion for Student Visa 
Abusers.--For addition of ground of inadmissibility for certain 
nonimmigrant student abusers, see section 347 of this division.
    (c) Effective Date.--The amendments made by subsection (a) shall 
apply to individuals who obtain the status of a nonimmigrant under 
section 101(a)(15)(F) of the Immigration and Nationality Act after the 
end of the 60-day period beginning on the date of the enactment of this 
Act, including aliens whose status as such a nonimmigrant is extended 
after the end of such period.

SEC. 626. SERVICES TO FAMILY MEMBERS OF CERTAIN OFFICERS AND AGENTS 
              KILLED IN THE LINE OF DUTY.

    (a) In General.--Title II, as amended by section 205(a) of this 
division, is amended by adding at the end the following new section:

 ``transportation of remains of immigration officers and border patrol 
                   agents killed in the line of duty

    ``Sec. 295. (a) In General.--To the extent provided in 
appropriation Acts, when an immigration officer or border patrol agent 
is killed in the line of duty, the Attorney General may pay from 
appropriations available for the activity in which the officer or agent 
was engaged--
            ``(1) the actual and necessary expenses of transportation 
        of the remains of the officer or agent to a place of burial 
        located in any State, American Samoa, the Commonwealth of the 
        Northern Mariana Islands, the Republic of the Marshall Islands, 
        the Federated States of Micronesia, or the Republic of Palau;
            ``(2) travel expenses, including per diem in lieu of 
        subsistence, of the decedent's spouse and minor children to and 
        from such site at rates not greater than those established for 
        official government travel under subchapter I of chapter 57 of 
        title 5, United States Code; and
            ``(3) any other memorial service authorized by the Attorney 
        General.
    ``(b) Prepayment.--The Attorney General may prepay any expense 
authorized to be paid under this section.''.
    (b) Clerical Amendment.--The table of contents, as amended by 
section 205(b) of this division, is amended by inserting after the item 
relating to section 294 the following new item:

``Sec. 295.  Transportation of remains of immigration officers and 
                            border patrol agents killed in the line of 
                            duty.''.

    Subtitle C--Provisions Relating to Visa Processing and Consular 
                               Efficiency

SEC. 631. VALIDITY OF PERIOD OF VISAS.

    (a) Extension of Validity of Immigrant Visas to 6 Months.--Section 
221(c) (8 U.S.C. 1201(c)) is amended by striking ``four months'' and 
inserting ``six months''.
    (b) Authorizing Application of Reciprocity Rule for Nonimmigrant 
Visa in Case of Refugees and Permanent Residents.--Such section is 
further amended by inserting before the period at the end of the third 
sentence the following: ``; except that in the case of aliens who are 
nationals of a foreign country and who either are granted refugee 
status and firmly resettled in another foreign country or are granted 
permanent residence and residing in another foreign country, the 
Secretary of State may prescribe the period of validity of such a visa 
based upon the treatment granted by that other foreign country to alien 
refugees and permanent residents, respectively, in the United States''.

SEC. 632. ELIMINATION OF CONSULATE SHOPPING FOR VISA OVERSTAYS.

    (a) In General.--Section 222 (8 U.S.C. 1202) is amended by adding 
at the end the following:
    ``(g)(1) In the case of an alien who has been admitted on the basis 
of a nonimmigrant visa and remained in the United States beyond the 
period of stay authorized by the Attorney General, such visa shall be 
void beginning after the conclusion of such period of stay.
    ``(2) An alien described in paragraph (1) shall be ineligible to be 
readmitted to the United States as a nonimmigrant, except--
            ``(A) on the basis of a visa (other than the visa described 
        in paragraph (1)) issued in a consular office located in the 
        country of the alien's nationality (or, if there is no office 
        in such country, in such other consular office as the Secretary 
        of State shall specify); or
            ``(B) where extraordinary circumstances are found by the 
        Secretary of State to exist.''.
    (b) Applicability.--
            (1) Visas.--Section 222(g)(1) of the Immigration and 
        Nationality Act, as added by subsection (a), shall apply to a 
        visa issued before, on, or after the date of the enactment of 
        this Act.
            (2) Aliens seeking readmission.--Section 222(g)(2) of the 
        Immigration and Nationality Act, as added by subsection (a), 
        shall apply to any alien applying for readmission to the United 
        States after the date of the enactment of this Act, except an 
        alien applying for readmission on the basis of a visa that--
                    (A) was issued before such date; and
                    (B) is not void through the application of section 
                222(g)(1) of the Immigration and Nationality Act, as 
                added by subsection (a).

SEC. 633. AUTHORITY TO DETERMINE VISA PROCESSING PROCEDURES.

    Section 202(a)(1) (8 U.S.C. 1152(a)(1)) is amended--
            (1) by inserting ``(A)'' after ``Nondiscrimination.--''; 
        and
            (2) by adding at the end the following:
            ``(B) Nothing in this paragraph shall be construed to limit 
        the authority of the Secretary of State to determine the 
        procedures for the processing of immigrant visa applications or 
        the locations where such applications will be processed.''.

SEC. 634. CHANGES REGARDING VISA APPLICATION PROCESS.

    (a) Nonimmigrant Applications.--Section 222(c) (8 U.S.C. 1202(c)) 
is amended--
            (1) by striking ``personal description'' through ``marks of 
        identification);'';
            (2) by striking ``applicant'' and inserting ``applicant, 
        the determination of his eligibility for a nonimmigrant 
        visa,''; and
            (3) by adding at the end the following: ``At the discretion 
        of the Secretary of State, application forms for the various 
        classes of nonimmigrant admissions described in section 
        101(a)(15) may vary according to the class of visa being 
        requested.''.
    (b) Disposition of Applications.--Section 222(e) (8 U.S.C. 1202(e)) 
is amended--
            (1) in the first sentence, by striking ``required by this 
        section'' and inserting ``for an immigrant visa''; and
            (2) in the fourth sentence--
                    (A) by striking ``stamp'' and inserting ``stamp, or 
                other
                    (B) by striking ``by the consular officer''.

SEC. 635. VISA WAIVER PROGRAM.

    (a) Elimination of Joint Action Requirement.--Section 217 (8 U.S.C. 
1187) is amended--
            (1) in subsection (a), by striking ``Attorney General and 
        the Secretary of State, acting jointly'' and inserting 
        ``Attorney General, in consultation with the Secretary of 
        State'';
            (2) in subsection (c)(1), by striking ``Attorney General 
        and the Secretary of State acting jointly'' and inserting 
        ``Attorney General, in consultation with the Secretary of 
        State,''; and
            (3) in subsection (d), by striking ``Attorney General and 
        the Secretary of State, acting jointly,'' and inserting 
        ``Attorney General, in consultation with the Secretary of 
        State,''.
    (b) Extension of Program.--Section 217(f) (8 U.S.C. 1187(f)) is 
amended by striking ``1996'' and inserting ``1997.''.
    (c) Duration and Termination of Designation of Pilot Program 
Countries.--
            (1) In general.--Section 217(g) (8 U.S.C. 1187(g)) is 
        amended to read as follows:
    ``(g) Duration and Termination of Designation.--
            ``(1) In general.--
                    ``(A) Determination and notification of 
                disqualification rate.--Upon determination by the 
                Attorney General that a pilot program country's 
                disqualification rate is 2 percent or more, the 
                Attorney General shall notify the Secretary of State.
                    ``(B) Probationary status.--If the program 
                country's disqualification rate is greater than 2 
                percent but less than 3.5 percent, the Attorney General 
                shall place the program country in probationary status 
                for a period not to exceed 2 full fiscal years 
                following the year in which the determination under 
                subparagraph (A) is made.
                    ``(C) Termination of designation.--Subject to 
                paragraph (3), if the program country's 
                disqualification rate is 3.5 percent or more, the 
                Attorney General shall terminate the country's 
                designation as a pilot program country effective at the 
                beginning of the second fiscal year following the 
                fiscal year in which the determination under 
                subparagraph (A) is made.
            ``(2) Termination of probationary status.--
                    ``(A) In general.--If the Attorney General 
                determines at the end of the probationary period 
                described in paragraph (1)(B) that the program country 
                placed in probationary status under such paragraph has 
                failed to develop a machine-readable passport program 
                as required by section (c)(2)(C), or has a 
                disqualification rate of 2 percent or more, the 
                Attorney General shall terminate the designation of the 
                country as a pilot program country. If the Attorney 
                General determines that the program country has 
                developed a machine-readable passport program and has a 
                disqualification rate of less than 2 percent, the 
                Attorney General shall redesignate the country as a 
                pilot program country.
                    ``(B) Effective date.--A termination of the 
                designation of a country under subparagraph (A) shall 
                take effect on the first day of the first fiscal year 
                following the fiscal year in which the determination 
                under such subparagraph is made. Until such date, 
                nationals of the country shall remain eligible for a 
                waiver under subsection (a).
            ``(3) Nonapplicability of certain provisions.--Paragraph 
        (1)(C) shall not apply unless the total number of nationals of 
        a pilot program country described in paragraph (4)(A) exceeds 
        100.
            ``(4) Definition.--For purposes of this subsection, the 
        term `disqualification rate' means the percentage which--
                    ``(A) the total number of nationals of the pilot 
                program country who were--
                            ``(i) excluded from admission or withdrew 
                        their application for admission during the most 
                        recent fiscal year for which data are 
                        available; and
                            ``(ii) admitted as nonimmigrant visitors 
                        during such fiscal year and who violated the 
                        terms of such admission; bears to
                    ``(B) the total number of nationals of such country 
                who applied for admission as nonimmigrant visitors 
                during such fiscal year.''.
            (2) Transition.--A country designated as a pilot program 
        country with probationary status under section 217(g) of the 
        Immigration and Nationality Act (as in effect on the day before 
        the date of the enactment of this Act) shall be considered to 
        be designated as a pilot program country on and after such 
        date, subject to placement in probationary status or 
        termination of such designation under such section (as amended 
        by paragraph (1)).
            (3) Conforming amendment.--Section 217(a)(2)(B) (8 U.S.C. 
        1187(a)(2)(B)) is amended by striking ``or is'' through 
        ``subsection (g).'' and inserting a period.

SEC. 636. FEE FOR DIVERSITY IMMIGRANT LOTTERY.

    The Secretary of State may establish a fee to be paid by each 
applicant for an immigrant visa described in section 203(c) of the 
Immigration and Nationality Act. Such fee may be set at a level that 
will ensure recovery of the cost to the Department of State of 
allocating visas under such section, including the cost of processing 
all applications thereunder. All fees collected under this section 
shall be used for providing consular services. All fees collected under 
this section shall be deposited as an offsetting collection to any 
Department of State appropriation and shall remain available for 
obligations until expended. The provisions of the Act of August 18, 
1856 (11 Stat. 58; 22 U.S.C. 4212-4214), concerning accounting for 
consular fees, shall not apply to fees collected under this section.

SEC. 637. ELIGIBILITY FOR VISAS FOR CERTAIN POLISH APPLICANTS FOR THE 
              1995 DIVERSITY IMMIGRANT PROGRAM.

    (a) In General.--The Attorney General, in consultation with the 
Secretary of State, shall include among the aliens selected for 
diversity immigrant visas for fiscal year 1997 pursuant to section 
203(c) of the Immigration and Nationality Act any alien who, on or 
before September 30, 1995--
            (1) was selected as a diversity immigrant under such 
        section for fiscal year 1995;
            (2) applied for adjustment of status to that of an alien 
        lawfully admitted for permanent residence pursuant to section 
        245 of such Act during fiscal year 1995, and whose application, 
        and any associated fees, were accepted by the Attorney General, 
        in accordance with applicable regulations;
            (3) was not determined by the Attorney General to be 
        excludable under section 212 of such Act or ineligible under 
        section 203(c)(2) of such Act; and
            (4) did not become an alien lawfully admitted for permanent 
        residence during fiscal year 1995.
    (b) Priority.--The aliens selected under subsection (a) shall be 
considered to have been selected for diversity immigrant visas for 
fiscal year 1997 prior to any alien selected under any other provision 
of law.
    (c) Reduction of Immigrant Visa Number.--For purposes of applying 
the numerical limitations in sections 201 and 203(c) of the Immigration 
and Nationality Act, aliens selected under subsection (a) who are 
granted an immigrant visa shall be treated as aliens granted a visa 
under section 203(c) of such Act.

                      Subtitle D--Other Provisions

SEC. 641. PROGRAM TO COLLECT INFORMATION RELATING TO NONIMMIGRANT 
              FOREIGN STUDENTS AND OTHER EXCHANGE PROGRAM PARTICIPANTS.

    (a) In General.--
            (1) Program.--The Attorney General, in consultation with 
        the Secretary of State and the Secretary of Education, shall 
        develop and conduct a program to collect from approved 
        institutions of higher education and designated exchange 
        visitor programs in the United States the information described 
        in subsection (c) with respect to aliens who--
                    (A) have the status, or are applying for the 
                status, of nonimmigrants under subparagraph (F), (J), 
                or (M) of section 101(a)(15) of the Immigration and 
                Nationality Act; and
                    (B) are nationals of the countries designated under 
                subsection (b).
            (2) Deadline.--The program shall commence not later than 
        January 1, 1998.
    (b) Covered Countries.--The Attorney General, in consultation with 
the Secretary of State, shall designate countries for purposes of 
subsection (a)(1)(B). The Attorney General shall initially designate 
not less than 5 countries and may designate additional countries at any 
time while the program is being conducted.
    (c) Information To Be Collected.--
            (1) In general.--The information for collection under 
        subsection (a) with respect to an alien consists of--
                    (A) the identity and current address in the United 
                States of the alien;
                    (B) the nonimmigrant classification of the alien 
                and the date on which a visa under the classification 
                was issued or extended or the date on which a change to 
                such classification was approved by the Attorney 
                General;
                    (C) in the case of a student at an approved 
                institution of higher education, the current academic 
                status of the alien, including whether the alien is 
                maintaining status as a full-time student or, in the 
                case of a participant in a designated exchange visitor 
                program, whether the alien is satisfying the terms and 
                conditions of such program; and
                    (D) in the case of a student at an approved 
                institution of higher education, any disciplinary 
                action taken by the institution against the alien as a 
                result of the alien's being convicted of a crime or, in 
                the case of a participant in a designated exchange 
                visitor program, any change in the alien's 
                participation as a result of the alien's being 
                convicted of a crime.
            (2) FERPA.--The Family Educational Rights and Privacy Act 
        of 1974 shall not apply to aliens described in subsection (a) 
        to the extent that the Attorney General determines necessary to 
        carry out the program under subsection (a).
            (3) Electronic collection.--The information described in 
        paragraph (1) shall be collected electronically, where 
        practicable.
            (4) Computer software.--
                    (A) Collecting institutions.--To the extent 
                practicable, the Attorney General shall design the 
                program in a manner that permits approved institutions 
                of higher education and designated exchange visitor 
                programs to use existing software for the collection, 
                storage, and data processing of information described 
                in paragraph (1).
                    (B) Attorney general.--To the extent practicable, 
                the Attorney General shall use or enhance existing 
                software for the collection, storage, and data 
                processing of information described in paragraph (1).
    (d) Participation by Institutions of Higher Education and Exchange 
Visitor Programs.--
            (1) Condition.--The information described in subsection (c) 
        shall be provided by as a condition of--
                    (A) in the case of an approved institution of 
                higher education, the continued approval of the 
                institution under subparagraph (F) or (M) of section 
                101(a)(15) of the Immigration and Nationality Act; and
                    (B) in the case of an approved institution of 
                higher education or a designated exchange visitor 
                program, the granting of authority to issue documents 
                to an alien demonstrating the alien's eligibility for a 
                visa under subparagraph (F), (J), or (M) of section 
                101(a)(15) of such Act.
            (2) Effect of failure to provide information.--If an 
        approved institution of higher education or a designated 
        exchange visitor program fails to provide the specified 
        information, such approvals and such issuance of visas shall be 
        revoked or denied.
    (e) Funding.--
            (1) In general.--Beginning on April 1, 1997, an approved 
        institution of higher education and a designated exchange 
        visitor program shall impose on, and collect from, each alien 
        described in paragraph (3), with respect to whom the 
        institution or program is required by subsection (a) to collect 
        information, a fee established by the Attorney General under 
        paragraph (4) at the time--
                    (A) when the alien first registers with the 
                institution or program after entering the United 
                States; or
                    (B) in a case where a registration under 
                subparagraph (A) does not exist, when the alien first 
                commences activities in the United States with the 
                institution or program.
            (2) Remittance.--An approved institution of higher 
        education and a designated exchange visitor program shall remit 
the fees collected under paragraph (1) to the Attorney General pursuant 
to a schedule established by the Attorney General.
            (3) Aliens described.--An alien referred to in paragraph 
        (1) is an alien who has nonimmigrant status under subparagraph 
        (F), (J), or (M) of section 101(a)(15) of the Immigration and 
        Nationality Act (other than a nonimmigrant under section 
        101(a)(15)(J) of such Act who has come to the United States as 
        a participant in a program sponsored by the Federal 
        Government).
            (4) Amount and use of fees.--
                    (A) Establishment of amount.--The Attorney General 
                shall establish the amount of the fee to be imposed on, 
                and collected from, an alien under paragraph (1). 
                Except as provided in subsection (g)(2), the fee 
                imposed on any individual may not exceed $100. The 
                amount of the fee shall be based on the Attorney 
                General's estimate of the cost per alien of conducting 
                the information collection program described in this 
                section.
                    (B) Use.--Fees collected under paragraph (1) shall 
                be deposited as offsetting receipts into the 
                Immigration Examinations Fee Account (established under 
                section 286(m) of the Immigration and Nationality Act) 
                and shall remain available until expended for the 
                Attorney General to reimburse any appropriation the 
                amount paid out of which is for expenses in carrying 
                out this section.
    (f) Joint Report.--Not later than 4 years after the commencement of 
the program established under subsection (a), the Attorney General, the 
Secretary of State, and the Secretary of Education shall jointly submit 
to the Committees on the Judiciary of the Senate and the House of 
Representatives a report on the operations of the program and the 
feasibility of expanding the program to cover the nationals of all 
countries.
    (g) Worldwide Applicability of the Program.--
            (1) Expansion of program.--
                    (A) In general.--Not later than 6 months after the 
                submission of the report required by subsection (f), 
                the Attorney General, in consultation with the 
                Secretary of State and the Secretary of Education, 
                shall commence expansion of the program to cover the 
                nationals of all countries.
                    (B) Deadline.--Such expansion shall be completed 
                not later than 1 year after the date of the submission 
                of the report referred to in subsection (f).
            (2) Revision of fee.--After the program has been expanded, 
        as provided in paragraph (1), the Attorney General may, on a 
        periodic basis, revise the amount of the fee imposed and 
        collected under subsection (e) in order to take into account 
        changes in the cost of carrying out the program.
    (h) Definitions.--As used in this section:
            (1) Approved institution of higher education.--The term 
        ``approved institution of higher education'' means a college or 
        university approved by the Attorney General, in consultation 
        with the Secretary of Education, under subparagraph (F), (J), 
        or (M) of section 101(a)(15) of the Immigration and Nationality 
        Act.
            (2) Designated exchange visitor program.--The term 
        ``designated exchange visitor program'' means a program that 
        has been--
                    (A) designated by the Director of the United States 
                Information Agency for purposes of section 
                101(a)(15)(J) of the Immigration and Nationality Act; 
                and
                    (B) selected by the Attorney General for purposes 
                of the program under this section.

SEC. 642. COMMUNICATION BETWEEN GOVERNMENT AGENCIES AND THE IMMIGRATION 
              AND NATURALIZATION SERVICE.

    (a) In General.--Notwithstanding any other provision of Federal, 
State, or local law, a Federal, State, or local government entity or 
official may not prohibit, or in any way restrict, any government 
entity or official from sending to, or receiving from, the Immigration 
and Naturalization Service information regarding the citizenship or 
immigration status, lawful or unlawful, of any individual.
    (b) Additional Authority of Government Entities.--Notwithstanding 
any other provision of Federal, State, or local law, no person or 
agency may prohibit, or in any way restrict, a Federal, State, or local 
government entity from doing any of the following with respect to 
information regarding the immigration status, lawful or unlawful, of 
any individual:
            (1) Sending such information to, or requesting or receiving 
        such information from, the Immigration and Naturalization 
        Service.
            (2) Maintaining such information.
            (3) Exchanging such information with any other Federal, 
        State, or local government entity.
    (c) Obligation to Respond to Inquiries.--The Immigration and 
Naturalization Service shall respond to an inquiry by a Federal, State, 
or local government agency, seeking to verify or ascertain the 
citizenship or immigration status of any individual within the 
jurisdiction of the agency for any purpose authorized by law, by 
providing the requested verification or status information.

SEC. 643. REGULATIONS REGARDING HABITUAL RESIDENCE.

    Not later than 6 months after the date of the enactment of this 
Act, the Commissioner of Immigration and Naturalization shall issue 
regulations governing rights of ``habitual residence'' in the United 
States under the terms of the following:
            (1) The Compact of Free Association between the Government 
        of the United States and the Governments of the Marshall 
        Islands and the Federated States of Micronesia (48 U.S.C. 1901 
        note).
            (2) The Compact of Free Association between the Government 
        of the United States and the Government of Palau (48 U.S.C. 
        1931 note).

SEC. 644. INFORMATION REGARDING FEMALE GENITAL MUTILATION.

    (a) Provision of Information Regarding Female Genital Mutilation.--
The Immigration and Naturalization Service (in cooperation with the 
Department of State) shall make available for all aliens who are issued 
immigrant or nonimmigrant visas, prior to or at the time of entry into 
the United States, the following information:
            (1) Information on the severe harm to physical and 
        psychological health caused by female genital mutilation which 
        is compiled and presented in a manner which is limited to the 
        practice itself and respectful to the cultural values of the 
        societies in which such practice takes place.
            (2) Information concerning potential legal consequences in 
        the United States for (A) performing female genital mutilation, 
        or (B) allowing a child under his or her care to be subjected 
        to female genital mutilation, under criminal or child 
        protection statutes or as a form of child abuse.
    (b) Limitation.--In consultation with the Secretary of State, the 
Commissioner of Immigration and Naturalization shall identify those 
countries in which female genital mutilation is commonly practiced and, 
to the extent practicable, limit the provision of information under 
subsection (a) to aliens from such countries.
    (c) Definition.--For purposes of this section, the term ``female 
genital mutilation'' means the removal or infibulation (or both) of the 
whole or part of the clitoris, the labia minora, or labia majora.

SEC. 645. CRIMINALIZATION OF FEMALE GENITAL MUTILATION.

    (a) Findings.--The Congress finds that--
            (1) the practice of female genital mutilation is carried 
        out by members of certain cultural and religious groups within 
        the United States;
            (2) the practice of female genital mutilation often results 
        in the occurrence of physical and psychological health effects 
        that harm the women involved;
            (3) such mutilation infringes upon the guarantees of rights 
        secured by Federal and State law, both statutory and 
        constitutional;
            (4) the unique circumstances surrounding the practice of 
        female genital mutilation place it beyond the ability of any 
        single State or local jurisdiction to control;
            (5) the practice of female genital mutilation can be 
        prohibited without abridging the exercise of any rights 
        guaranteed under the first amendment to the Constitution or 
        under any other law; and
            (6) Congress has the affirmative power under section 8 of 
        article I, the necessary and proper clause, section 5 of the 
        fourteenth amendment, as well as under the treaty clause, to 
        the Constitution to enact such legislation.
    (b) Crime.--
            (1) In general.--Chapter 7 of title 18, United States Code, 
        is amended by adding at the end the following:
``Sec. 116. Female genital mutilation
    ``(a) Except as provided in subsection (b), whoever knowingly 
circumcises, excises, or infibulates the whole or any part of the labia 
majora or labia minora or clitoris of another person who has not 
attained the age of 18 years shall be fined under this title or 
imprisoned not more than 5 years, or both.
    ``(b) A surgical operation is not a violation of this section if 
the operation is--
            ``(1) necessary to the health of the person on whom it is 
        performed, and is performed by a person licensed in the place 
        of its performance as a medical practitioner; or
            ``(2) performed on a person in labor or who has just given 
        birth and is performed for medical purposes connected with that 
        labor or birth by a person licensed in the place it is 
        performed as a medical practitioner, midwife, or person in 
        training to become such a practitioner or midwife.
    ``(c) In applying subsection (b)(1), no account shall be taken of 
the effect on the person on whom the operation is to be performed of 
any belief on the part of that person, or any other person, that the 
operation is required as a matter of custom or ritual.''.
            (2) Conforming amendment.--The table of sections at the 
        beginning of chapter 7 of title 18, United States Code, is 
        amended by adding at the end the following new item:

``116. Female genital mutilation.''.

    (c) Effective Date.--The amendments made by subsection (b) shall 
take effect on the date that is 180 days after the date of the 
enactment of this Act.

SEC. 646. ADJUSTMENT OF STATUS FOR CERTAIN POLISH AND HUNGARIAN 
              PAROLEES.

    (a) In General.--The Attorney General shall adjust the status of an 
alien described in subsection (b) to that of an alien lawfully admitted 
for permanent residence if the alien--
            (1) applies for such adjustment;
            (2) has been physically present in the United States for at 
        least 1 year and is physically present in the United States on 
        the date the application for such adjustment is filed;
            (3) is admissible to the United States as an immigrant, 
        except as provided in subsection (c); and
            (4) pays a fee (determined by the Attorney General) for the 
        processing of such application.
    (b) Aliens Eligible for Adjustment of Status.--The benefits 
provided in subsection (a) shall only apply to an alien who--
            (1) was a national of Poland or Hungary; and
            (2) was inspected and granted parole into the United States 
        during the period beginning on November 1, 1989, and ending on 
        December 31, 1991, after being denied refugee status.
    (c) Waiver of Certain Grounds for Inadmissibility.--The provisions 
of paragraphs (4), (5), and (7)(A) of section 212(a) of the Immigration 
and Nationality Act shall not apply to adjustment of status under this 
section and the Attorney General may waive any other provision of such 
section (other than paragraph (2)(C) and subparagraphs (A), (B), (C), 
or (E) of paragraph (3)) with respect to such an adjustment for 
humanitarian purposes, to assure family unity, or when it is otherwise 
in the public interest.
    (d) Date of Approval.--Upon the approval of such an application for 
adjustment of status, the Attorney General shall create a record of the 
alien's admission as an alien lawfully admitted for permanent residence 
as of the date of the alien's inspection and parole described in 
subsection (b)(2).
    (e) No Offset in Number of Visas Available.--When an alien is 
granted the status of having been lawfully admitted for permanent 
residence under this section, the Secretary of State shall not be 
required to reduce the number of immigrant visas authorized to be 
issued under the Immigration and Nationality Act.

SEC. 647. SUPPORT OF DEMONSTRATION PROJECTS.

    (a) In General.--The Attorney General shall make available funds 
under this section, in each of fiscal years 1997 through 2001, to the 
Commissioner of Immigration and Naturalization or to other public or 
private nonprofit entities to support demonstration projects under this 
section at 10 sites throughout the United States. Each such project 
shall be designed to provide for the administration of the oath of 
allegiance under section 337(a) of the Immigration and Nationality Act 
on a business day around Independence Day to approximately 500 people 
whose application for naturalization has been approved. Each project 
shall provide for appropriate outreach and ceremonial and celebratory 
activities.
    (b) Selection of Sites.--The Attorney General shall, in the 
Attorney General's discretion, select diverse locations for sites on 
the basis of the number of naturalization applicants living in 
proximity to each site and the degree of local community participation 
and support in the project to be held at the site. Not more than 2 
sites may be located in the same State. The Attorney General shall 
consider changing the sites selected from year to year.
    (c) Amounts Available; Use of Funds.--
            (1) Amount.--The amount made available under this section 
        with respect to any single site for a year shall not exceed 
        $5,000.
            (2) Use.--Funds made available under this section may be 
        used only to cover expenses incurred in carrying out oath 
        administration ceremonies at the demonstration sites under 
        subsection (a), including expenses for--
                    (A) cost of personnel of the Immigration and 
                Naturalization Service (including travel and overtime 
                expenses);
                    (B) rental of space; and
                    (C) costs of printing appropriate brochures and 
                other information about the ceremonies.
            (3) Availability of funds.--Funds that are otherwise 
        available to the Immigration and Naturalization Service to 
        carry out naturalization activities shall be available, to the 
        extent provided in appropriation Acts, to carry out this 
        section.
    (d) Application.--In the case of an entity other than the 
Immigration and Naturalization Service seeking to conduct a 
demonstration project under this section, no amounts may be made 
available to the entity under this section unless an appropriate 
application has been made to, and approved by, the Attorney General, in 
a form and manner specified by the Attorney General.

SEC. 648. SENSE OF CONGRESS REGARDING AMERICAN-MADE PRODUCTS; 
              REQUIREMENTS REGARDING NOTICE.

    (a) Purchase of American-Made Equipment and Products.--It is the 
sense of the Congress that, to the greatest extent practicable, all 
equipment and products purchased with funds made available under this 
division should be American-made.
    (b) Notice to Recipients of Grants.--In providing grants under this 
division, the Attorney General, to the greatest extent practicable, 
shall provide to each recipient of a grant a notice describing the 
statement made in subsection (a) by the Congress.

SEC. 649. VESSEL MOVEMENT CONTROLS DURING IMMIGRATION EMERGENCY.

    Section 1 of the Act of June 15, 1917 (50 U.S.C. 191) is amended in 
the first sentence by inserting ``or whenever the Attorney General 
determines that an actual or anticipated mass migration of aliens en 
route to, or arriving off the coast of, the United States presents 
urgent circumstances requiring an immediate Federal response,'' after 
``United States,'' the first place such term appears.

SEC. 650. REVIEW OF PRACTICES OF TESTING ENTITIES.

    (a) In General.--The Attorney General shall investigate, and submit 
a report to the Committees on the Judiciary of the House of 
Representatives and of the Senate regarding, the practices of entities 
authorized to administer standardized citizenship tests pursuant to 
section 312.3(a) of title 8, Code of Federal Regulations. The report 
shall include any findings of fraudulent practices by such entities.
    (b) Preliminary and Final Reports.--Not later than 90 days after 
the date of the enactment of this Act, the Attorney General shall 
submit to the Committees on the Judiciary of the House of 
Representatives and of the Senate a preliminary report on the 
investigation conducted under subsection (a). The Attorney General 
shall submit to such Committees a final report on such investigation 
not later than 275 days after the submission of the preliminary report.

SEC. 651. DESIGNATION OF A UNITED STATES CUSTOMS ADMINISTRATIVE 
              BUILDING.

    (a) Designation.--The United States Customs Administrative Building 
at the Ysleta/Zaragosa Port of Entry located at 797 South Zaragosa Road 
in El Paso, Texas, is designated as the ``Timothy C. McCaghren Customs 
Administrative Building''.
    (b) Legal References.--Any reference in any law, regulation, 
document, record, map, or other paper of the United States to the 
building referred to in subsection (a) is deemed to be a reference to 
the ``Timothy C. McCaghren Customs Administrative Building''.

SEC. 652. MAIL-ORDER BRIDE BUSINESS.

    (a) Findings.--The Congress finds as follows:
            (1) There is a substantial ``mail-order bride'' business in 
        the United States. With approximately 200 companies in the 
        United States, an estimated 2,000 to 3,500 men in the United 
        States find wives through mail-order bride catalogs each year. 
        However, there are no official statistics available on the 
        number of mail-order brides entering the United States each 
        year.
            (2) The companies engaged in the mail-order bride business 
        earn substantial profits.
            (3) Although many of these mail-order marriages work out, 
        in many other cases, anecdotal evidence suggests that mail-
        order brides find themselves in abusive relationships. There is 
        also evidence to suggest that a substantial number of mail-
        order marriages are fraudulent under United States law.
            (4) Many mail-order brides come to the United States 
        unaware or ignorant of United States immigration law. Mail-
        order brides who are battered often think that if they flee an 
abusive marriage, they will be deported. Often the citizen spouse 
threatens to have them deported if they report the abuse.
            (5) The Immigration and Naturalization Service estimates 
        that the rate of marriage fraud between foreign nationals and 
        United States citizens or aliens lawfully admitted for 
        permanent residence is 8 percent. It is unclear what percentage 
        of these marriage fraud cases originate as mail-order 
        marriages.
    (b) Information Dissemination.--
            (1) Requirement.--Each international matchmaking 
        organization doing business in the United States shall 
        disseminate to recruits, upon recruitment, such immigration and 
        naturalization information as the Immigration and 
        Naturalization Service deems appropriate, in the recruit's 
        native language, including information regarding conditional 
        permanent residence status and the battered spouse waiver under 
        such status, permanent resident status, marriage fraud 
        penalties, the unregulated nature of the business engaged in by 
        such organizations, and the study required under subsection 
        (c).
            (2) Civil penalty.--
                    (A) Violation.--Any international matchmaking 
                organization that the Attorney General determines has 
                violated subsection (b) shall be subject, in addition 
                to any other penalties that may be prescribed by law, 
                to a civil money penalty of not more than $20,000 for 
                each such violation.
                    (B) Procedures for imposition of penalty.--Any 
                penalty under subparagraph (A) may be imposed only 
                after notice and opportunity for an agency hearing on 
                the record in accordance with sections 554 through 557 
                of title 5, United States Code.
    (c) Study.--The Attorney General, in consultation with the 
Commissioner of Immigration and Naturalization and the Director of the 
Violence Against Women Initiative of the Department of Justice, shall 
conduct a study of mail-order marriages to determine, among other 
things--
            (1) the number of such marriages;
            (2) the extent of marriage fraud in such marriages, 
        including an estimate of the extent of marriage fraud arising 
        from the services provided by international matchmaking 
        organizations;
            (3) the extent to which mail-order spouses utilize section 
        244(a)(3) of the Immigration and Nationality Act (providing for 
        suspension of deportation in certain cases involving abuse), or 
        section 204(a)(1)(A)(iii) of such Act (providing for certain 
        aliens who have been abused to file a classification petition 
        on their own behalf);
            (4) the extent of domestic abuse in mail-order marriages; 
        and
            (5) the need for continued or expanded regulation and 
        education to implement the objectives of the Violence Against 
        Women Act of 1994 and the Immigration Marriage Fraud Amendments 
        of 1986 with respect to mail-order marriages.
    (d) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Attorney General shall submit a report to the 
Committees on the Judiciary of the House of Representatives and of the 
Senate setting forth the results of the study conducted under 
subsection (c).
    (e) Definitions.--As used in this section:
            (1) International matchmaking organization.--
                    (A) In general.--The term ``international 
                matchmaking organization'' means a corporation, 
                partnership, business, or other legal entity, whether 
                or not organized under the laws of the United States or 
                any State, that does business in the United States and 
                for profit offers to United States citizens or aliens 
                lawfully admitted for permanent residence, dating, 
                matrimonial, or social referral services to nonresident 
                noncitizens, by--
                            (i) an exchange of names, telephone 
                        numbers, addresses, or statistics;
                            (ii) selection of photographs; or
                            (iii) a social environment provided by the 
                        organization in a country other than the United 
                        States.
                    (B) Exception.--Such term does not include a 
                traditional matchmaking organization of a religious 
                nature that otherwise operates in compliance with the 
                laws of the countries of the recruits of such 
                organization and the laws of the United States.
            (2) Recruit.--The term ``recruit'' means a noncitizen, 
        nonresident person, recruited by the international matchmaking 
        organization for the purpose of providing dating, matrimonial, 
        or social referral services to United States citizens or aliens 
        lawfully admitted for permanent residence.

SEC. 653. REVIEW AND REPORT ON H-2A NONIMMIGRANT WORKERS PROGRAM.

    (a) Sense of the Congress.--It is the sense of the Congress that 
the H2-A nonimmigrant worker program should be reviewed and may need 
improvement in order to meet the need of producers of labor-intensive 
agricultural commodities and livestock in the United States for an 
adequate workforce.
    (b) Review.--The Comptroller General shall review the effectiveness 
of the H-2A nonimmigrant worker program to ensure that the program 
provides a sufficient supply of agricultural labor in the event of 
future shortages of domestic workers after the enactment of this Act. 
Among other things, the Comptroller General shall review the H-2A 
nonimmigrant worker program to determine--
            (1) whether the program ensures that an adequate supply of 
        qualified United States workers is available at the time and 
        place needed for employers seeking such workers after the date 
        of enactment of this Act;
            (2) whether the program ensures that there is timely 
        approval of applications for temporary foreign workers under 
        the program in the event of shortages of United States workers 
        after the date of the enactment of this Act;
            (3) whether the program ensures that implementation of the 
        program is not displacing United States agricultural workers or 
        diminishing the terms and conditions of employment of United 
        States agricultural workers;
            (4) if, and to what extent, the program is contributing to 
        the problem of illegal immigration; and
            (5) that the program adequately meets the needs of 
        agricultural employers for all types of temporary foreign 
        agricultural workers, including higher-skilled workers in 
        occupations which require a level of specific vocational 
        preparation of 4 or higher (as described in the 4th edition of 
        the Dictionary of Occupational Title, published by the 
        Department of Labor).
    (c) Report.--Not later than December 31, 1996, or 3 months after 
the date of the enactment of this Act, whichever occurs earlier, the 
Comptroller General shall submit a report to the appropriate committees 
of the Congress setting forth the conclusions of the Comptroller 
General from the review conducted under subsection (b).
    (d) Definitions.--As used in this section:
            (1) The term ``Comptroller General'' means the Comptroller 
        General of the United States.
            (2) The term ``H-2A nonimmigrant worker program'' means the 
        program for the admission of nonimmigrant aliens described in 
        section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality 
        Act.

SEC. 654. REPORT ON ALLEGATIONS OF HARASSMENT BY CANADIAN CUSTOMS 
              AGENTS.

    (a) Study and Review.--
            (1) In general.--Not later than 30 days after the date of 
        the enactment of this Act, the Commissioner of the United 
        States Customs Service shall initiate a study of harassment by 
        Canadian customs agents allegedly undertaken for the purpose of 
        deterring cross-border commercial activity along the United 
        States-New Brunswick border. Such study shall include a review 
        of the possible connection between any incidents of harassment 
        and the discriminatory imposition of the New Brunswick 
        provincial sales tax on goods purchased in the United States by 
        New Brunswick residents, and with any other actions taken by 
        the Canadian provincial governments to deter cross-border 
        commercial activities.
            (2) Consultation.--In conducting the study under paragraph 
        (1), the Commissioner of the United States Customs Service 
        shall consult with representatives of the State of Maine, local 
        governments, local businesses, and any other knowledgeable 
        persons who the Commissioner considers to be important to the 
        completion of the study.
    (b) Report.--Not later than 120 days after the date of the 
enactment of this Act, the Commissioner of the United States Customs 
Service shall submit to the Committees on the Judiciary of the House of 
Representatives and of the Senate a report on the study and review 
conducted under subsection (a). The report shall include 
recommendations for steps that the United States Government can take to 
help end any harassment by Canadian customs agents that is found to 
have occurred.

SEC. 655. SENSE OF CONGRESS ON DISCRIMINATORY APPLICATION OF NEW 
              BRUNSWICK PROVINCIAL SALES TAX.

    (a) Findings.--The Congress finds as follows:
            (1) In July 1993, Canadian customs officers began 
        collecting an 11 percent New Brunswick provincial sales tax on 
        goods purchased in the United States by New Brunswick 
        residents, an action that has caused severe economic harm to 
        United States businesses located in proximity to the border 
        with New Brunswick.
            (2) This impediment to cross-border trade compounds the 
        damage already done from the Canadian Government's imposition 
of a 7 percent tax on all goods bought by Canadians in the United 
States.
            (3) Collection of the New Brunswick provincial sales tax on 
        goods purchased outside of New Brunswick is effected only along 
        the United States-Canadian border, not along New Brunswick's 
        borders with other Canadian provinces; the tax is thus being 
        administered by Canadian authorities in a manner uniquely 
        discriminatory to Canadians shopping in the United States.
            (4) In February 1994, the United States Trade 
        Representative publicly stated an intention to seek redress 
        from the discriminatory application of the New Brunswick 
        provincial sales tax under the dispute resolution process in 
        chapter 20 of the North American Free Trade Agreement (NAFTA), 
        but the United States Government has still not made such a 
        claim under NAFTA procedures.
            (5) Initially, the United States Trade Representative 
        argued that filing a New Brunswick provincial sales tax claim 
        was delayed only because the dispute mechanism under NAFTA had 
        not yet been finalized, but more than a year after such 
        mechanism has been put in place, the claim has still not been 
        put forward by the United States Trade Representative.
    (b) Sense of Congress.--It is the sense of the Congress that--
            (1) the provincial sales tax levied by the Canadian 
        province of New Brunswick on Canadian citizens of that province 
        who purchase goods in the United States--
                    (A) raises questions about a possible violation of 
                the North American Free Trade Agreement in the 
                discriminatory application of the tax to cross-border 
                trade with the United States; and
                    (B) damages good relations between the United 
                States and Canada; and
            (2) the United States Trade Representative should move 
        forward without further delay in seeking redress under the 
        dispute resolution process in chapter 20 of the North American 
        Free Trade Agreement for the violation.

SEC. 656. IMPROVEMENTS IN IDENTIFICATION-RELATED DOCUMENTS.

    (a) Birth Certificates.--
            (1) Standards for acceptance by federal agencies.--
                    (A) In general.--
                            (i) General rule.--Subject to clause (ii), 
                        a Federal agency may not accept for any 
                        official purpose a certificate of birth, unless 
                        the certificate--
                                    (I) is a birth certificate (as 
                                defined in paragraph (3)); and
                                    (II) conforms to the standards set 
                                forth in the regulation promulgated 
                                under subparagraph (B).
                            (ii) Applicability.--Clause (i) shall apply 
                        only to a certificate of birth issued after the 
                        day that is 3 years after the date of the 
                        promulgation of a final regulation under 
                        subparagraph (B). Clause (i) shall not be 
                        construed to prevent a Federal agency from 
                        accepting for official purposes any certificate 
                        of birth issued on or before such day.
                    (B) Regulation.--
                            (i) Consultation with government 
                        agencies.--The President shall select 1 or more 
                        Federal agencies to consult with State vital 
                        statistics offices, and with other appropriate 
                        Federal agencies designated by the President, 
                        for the purpose of developing appropriate 
                        standards for birth certificates that may be 
                        accepted for official purposes by Federal 
                        agencies, as provided in subparagraph (A).
                            (ii) Selection of lead agency.--Of the 
                        Federal agencies selected under clause (i), the 
                        President shall select 1 agency to promulgate, 
                        upon the conclusion of the consultation 
                        conducted under such clause, a regulation 
                        establishing standards of the type described in 
                        such clause.
                            (iii) Deadline.--The agency selected under 
                        clause (ii) shall promulgate a final regulation 
                        under such clause not later than the date that 
                        is 1 year after the date of the enactment of 
                        this Act.
                            (iv) Minimum requirements.--The standards 
                        established under this subparagraph--
                                    (I) at a minimum, shall require 
                                certification of the birth certificate 
                                by the State or local custodian of 
                                record that issued the certificate, and 
                                shall require the use of safety paper, 
                                the seal of the issuing custodian of 
                                record, and other features designed to 
                                limit tampering, counterfeiting, and 
                                photocopying, or otherwise duplicating, 
                                the birth certificate for fraudulent 
                                purposes;
                                    (II) may not require a single 
                                design to which birth certificates 
                                issued by all States must conform; and
                                    (III) shall accommodate the 
                                differences between the States in the 
                                manner and form in which birth records 
                                are stored and birth certificates are 
                                produced from such records.
            (2) Grants to states.--
                    (A) Assistance in meeting federal standards.--
                            (i) In general.--Beginning on the date a 
                        final regulation is promulgated under paragraph 
                        (1)(B), the Secretary of Health and Human 
                        Services, acting through the Director of the 
                        National Center for Health Statistics and after 
                        consulting with the head of any other agency 
                        designated by the President, shall make grants 
                        to States to assist them in issuing birth 
                        certificates that conform to the standards set 
                        forth in the regulation.
                            (ii) Allocation of grants.--The Secretary 
                        shall provide grants to States under this 
                        subparagraph in proportion to the populations 
                        of the States applying to receive a grant and 
                        in an amount needed to provide a substantial 
                        incentive for States to issue birth 
                        certificates that conform to the standards 
                        described in clause (i).
                    (B) Assistance in matching birth and death 
                records.--
                            (i) In general.--The Secretary of Health 
                        and Human Services, acting through the Director 
                        of the National Center for Health Statistics 
                        and after consulting with the head of any other 
                        agency designated by the President, shall make 
                        grants to States to assist them in developing 
                        the capability to match birth and death 
                        records, within each State and among the 
                        States, and to note the fact of death on the 
                        birth certificates of deceased persons. In 
                        developing the capability described in the 
                        preceding sentence, a State that receives a 
                        grant under this subparagraph shall focus first 
                        on individuals born after 1950.
                            (ii) Allocation and amount of grants.--The 
                        Secretary shall provide grants to States under 
                        this subparagraph in proportion to the 
                        populations of the States applying to receive a 
                        grant and in an amount needed to provide a 
                        substantial incentive for States to develop the 
                        capability described in clause (i).
                    (C) Demonstration projects.--The Secretary of 
                Health and Human Services, acting through the Director 
                of the National Center for Health Statistics, shall 
                make grants to States for a project in each of 5 States 
                to demonstrate the feasibility of a system under which 
                persons otherwise required to report the death of 
                individuals to a State would be required to provide to 
                the State's office of vital statistics sufficient 
                information to establish the fact of death of every 
                individual dying in the State within 24 hours of 
                acquiring the information.
            (3) Birth certificate.--As used in this subsection, the 
        term ``birth certificate'' means a certificate of birth--
                    (A) of--
                            (i) an individual born in the United 
                        States; or
                            (ii) an individual born abroad--
                                    (I) who is a citizen or national of 
                                the United States at birth; and
                                    (II) whose birth is registered in 
                                the United States; and
                    (B) that--
                            (i) is a copy, issued by a State or local 
                        authorized custodian of record, of an original 
                        certificate of birth issued by such custodian 
                        of record; or
                            (ii) was issued by a State or local 
                        authorized custodian of record and was produced 
                        from birth records maintained by such custodian 
                        of record.
    (b) State-Issued Drivers Licenses and Comparable Identification 
Documents.--
            (1) Standards for acceptance by federal agencies.--
                    (A) In general.--A Federal agency may not accept 
                for any identification-related purpose a driver's 
                license, or other comparable identification document, 
                issued by a State, unless the license or document 
                satisfies the following requirements:
                            (i) Application process.--The application 
                        process for the license or document shall 
                        include the presentation of such evidence of 
                        identity as is required by regulations 
                        promulgated by the Secretary of Transportation 
                        after consultation with the American 
                        Association of Motor Vehicle Administrators.
                            (ii) Social security number.--Except as 
                        provided in subparagraph (B), the license or 
                        document shall contain a social security 
                        account number that can be read visually or by 
                        electronic means.
                            (iii) Form.--The license or document 
                        otherwise shall be in a form consistent with 
                        requirements set forth in regulations 
                        promulgated by the Secretary of Transportation 
                        after consultation with the American 
                        Association of Motor Vehicle Administrators. 
                        The form shall contain security features 
                        designed to limit tampering, counterfeiting, 
                        photocopying, or otherwise duplicating, the 
                        license or document for fraudulent purposes and 
                        to limit use of the license or document by 
                        impostors.
                    (B) Exception.--The requirement in subparagraph 
                (A)(ii) shall not apply with respect to a driver's 
                license or other comparable identification document 
                issued by a State, if the State--
                            (i) does not require the license or 
                        document to contain a social security account 
                        number; and
                            (ii) requires--
                                    (I) every applicant for a driver's 
                                license, or other comparable 
                                identification document, to submit the 
                                applicant's social security account 
                                number; and
                                    (II) an agency of the State to 
                                verify with the Social Security 
                                Administration that such account number 
                                is valid.
                    (C) Deadline.--The Secretary of Transportation 
                shall promulgate the regulations referred to in clauses 
                (i) and (iii) of subparagraph (A) not later than 1 year 
                after the date of the enactment of this Act.
            (2) Grants to states.--Beginning on the date final 
        regulations are promulgated under paragraph (1), the Secretary 
        of Transportation shall make grants to States to assist them in 
        issuing driver's licenses and other comparable identification 
        documents that satisfy the requirements under such paragraph.
            (3) Effective dates.--
                    (A) In general.--Except as otherwise provided in 
                this paragraph, this subsection shall take effect on 
                the date of the enactment of this Act.
                    (B) Prohibition on federal agencies.--Subparagraphs 
                (A) and (B) of paragraph (1) shall take effect 
                beginning on October 1, 2000, but shall apply only to 
                licenses or documents issued to an individual for the 
                first time and to replacement or renewal licenses or 
                documents issued according to State law.
    (c) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary of Health and Human Services shall submit a 
report to the Congress on ways to reduce the fraudulent obtaining and 
the fraudulent use of birth certificates, including any such use to 
obtain a social security account number or a State or Federal document 
related to identification or immigration.
    (d) Federal Agency Defined.--For purposes of this section, the term 
``Federal agency'' means any of the following:
            (1) An Executive agency (as defined in section 105 of title 
        5, United States Code).
            (2) A military department (as defined in section 102 of 
        such title).
            (3) An agency in the legislative branch of the Government 
        of the United States.
            (4) An agency in the judicial branch of the Government of 
        the United States.

SEC. 657. DEVELOPMENT OF PROTOTYPE OF COUNTERFEIT-RESISTANT SOCIAL 
              SECURITY CARD.

    (a) Development.--
            (1) In general.--The Commissioner of Social Security (in 
        this section referred to as the ``Commissioner'') shall, in 
        accordance with the provisions of this section, develop a 
        prototype of a counterfeit-resistant social security card. Such 
        prototype card--
                    (A) shall be made of a durable, tamper-resistant 
                material such as plastic or polyester;
                    (B) shall employ technologies that provide security 
                features, such as magnetic stripes, holograms, and 
                integrated circuits; and
                    (C) shall be developed so as to provide individuals 
                with reliable proof of citizenship or legal resident 
                alien status.
            (2) Assistance by attorney general.--The Attorney General 
        shall provide such information and assistance as the 
        Commissioner deems necessary to achieve the purposes of this 
        section.
    (b) Studies and Reports.--
            (1) In general.--The Comptroller General and the 
        Commissioner of Social Security shall each conduct a study, and 
        issue a report to the Congress, that examines different methods 
        of improving the social security card application process.
            (2) Elements of studies.--The studies shall include 
        evaluations of the cost and work load implications of issuing a 
        counterfeit-resistant social security card for all individuals 
        over a 3, 5, and 10 year period. The studies shall also 
        evaluate the feasibility and cost implications of imposing a 
        user fee for replacement cards and cards issued to individuals 
        who apply for such a card prior to the scheduled 3, 5, and 10 
        year phase-in options.
            (3) Distribution of reports.--Copies of the reports 
        described in this subsection, along with facsimiles of the 
        prototype cards as described in subsection (a), shall be 
        submitted to the Committees on Ways and Means and Judiciary of 
        the House of Representatives and the Committees on Finance and 
        Judiciary of the Senate not later than 1 year after the date of 
        the enactment of this Act.

SEC. 658. BORDER PATROL MUSEUM.

    (a) Authority.--Notwithstanding section 203 of the Federal Property 
and Administrative Services Act of 1949 (40 U.S.C. 484) or any other 
provision of law, the Attorney General is authorized to transfer and 
convey to the Border Patrol Museum and Memorial Library Foundation, 
incorporated in the State of Texas, such equipment, artifacts, and 
memorabilia held by the Immigration and Naturalization Service as the 
Attorney General may determine is necessary to further the purposes of 
the Museum and Foundation.
    (b) Technical Assistance.--The Attorney General is authorized to 
provide technical assistance, through the detail of personnel of the 
Immigration and Naturalization Service, to the Border Patrol Museum and 
Memorial Library Foundation for the purpose of demonstrating the use of 
the items transferred under subsection (a).

SEC. 659. SENSE OF THE CONGRESS REGARDING THE MISSION OF THE 
              IMMIGRATION AND NATURALIZATION SERVICE.

    It is the sense of the Congress that the mission statement of the 
Immigration and Naturalization Service should include a statement that 
it is the responsibility of the Service to detect, apprehend, and 
remove those aliens unlawfully present in the United States, 
particularly those aliens involved in drug trafficking or other 
criminal activity.

SEC. 660. AUTHORITY FOR NATIONAL GUARD TO ASSIST IN TRANSPORTATION OF 
              CERTAIN ALIENS.

    Section 112(d)(1) of title 32, United States Code, is amended by 
adding at the end the following new sentence: ``The plan as approved by 
the Secretary may provide for the use of personnel and equipment of the 
National Guard of that State to assist the Immigration and 
Naturalization Service in the transportation of aliens who have 
violated a Federal or State law prohibiting or regulating the 
possession, use, or distribution of a controlled substance.''.

                   Subtitle E--Technical Corrections

SEC. 671. MISCELLANEOUS TECHNICAL CORRECTIONS.

    (a) Amendments Relating to Public Law 103-322 (Violent Crime 
Control and Law Enforcement Act of 1994).--
            (1) Section 60024(1)(F) of the Violent Crime Control and 
        Law Enforcement Act of 1994 (Public Law 103-322) (in this 
        subsection referred to as ``VCCLEA'') is amended by inserting 
        ``United States Code,'' after ``title 18,''.
            (2) Section 130003(b)(3) of VCCLEA is amended by striking 
        ``Naturalization'' and inserting ``Nationality''.
            (3)(A) Section 214 (8 U.S.C. 1184) is amended by 
        redesignating the subsection (j), added by section 130003(b)(2) 
        of VCCLEA (108 Stat. 2025), and the subsection (k), as amended 
        by section 622(c) of this division, as subsections (k) and (l), 
        respectively.
            (B) Section 101(a)(15)(S) (8 U.S.C. 1101(a)(15)(S)) is 
        amended by striking ``214(j)'' and inserting ``214(k)''.
            (4)(A) Section 245 (8 U.S.C. 1255) is amended by 
        redesignating the subsection (i) added by section 130003(c)(1) 
        of VCCLEA as subsection (j).
            (B) Section 241(a)(2)(A)(i)(I) (8 U.S.C. 
        1251(a)(2)(A)(i)(I)), as amended by section 130003(d) of VCCLEA 
        and before redesignation by section 305(a)(2) of this division, 
        is amended by striking ``245(i)'' and inserting ``245(j)''.
            (5) Section 245(j)(3), as added by section 130003(c)(1) of 
        VCCLEA and as redesignated by paragraph (4)(A), is amended by 
        striking ``paragraphs (1) or (2)'' and inserting ``paragraph 
        (1) or (2)''.
            (6) Section 130007(a) of VCCLEA is amended by striking 
        ``242A(d)'' and inserting ``242A(a)(3)''.
            (7) The amendments made by this subsection shall be 
        effective as if included in the enactment of the VCCLEA.
    (b) Amendments Relating to Immigration and Nationality Technical 
Corrections Act of 1994.--
            (1) Section 101(d) of the Immigration and Nationality 
        Technical Corrections Act of 1994 (Public Law 103-416) (in this 
        subsection referred to as ``INTCA'') is amended--
                    (A) by striking ``Application'' and all that 
                follows through ``This'' and inserting ``Applicability 
                of Transmission Requirements.--This'';
                    (B) by striking ``any residency or other retention 
                requirements for'' and inserting ``the application of 
                any provision of law relating to residence or physical 
                presence in the United States for purposes of 
                transmitting United States''; and
                    (C) by striking ``as in effect'' and all that 
                follows through the end and inserting ``to any person 
                whose claim is based on the amendment made by 
                subsection (a) or through whom such a claim is 
                derived.''.
            (2) Section 102 of INTCA is amended by adding at the end 
        the following:
    ``(e) Transition.--In applying the amendment made by subsection (a) 
to children born before November 14, 1986, any reference in the matter 
inserted by such amendment to `five years, at least two of which' is 
deemed a reference to `10 years, at least 5 of which'.''.
            (3) Section 351(a) (8 U.S.C. 1483(a)), as amended by 
        section 105(a)(2)(A) of INTCA, is amended by striking the comma 
        after ``nationality''.
            (4) Section 207(2) of INTCA is amended by inserting a comma 
        after ``specified''.
            (5) Section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended in 
        subparagraph (K)(ii), by striking the comma after ``1588''.
            (6) Section 273(b) (8 U.S.C. 1323(b)), as amended by 
        section 209(a) of INTCA, is amended by striking ``remain'' and 
        inserting ``remains''.
            (7) Section 209(a)(1) of INTCA is amended by striking 
        ``$3000'' and inserting ``$3,000''.
            (8) Section 209(b) of INTCA is amended by striking 
        ``subsection'' and inserting ``section''.
            (9) Section 219(cc) of INTCA is amended by striking `` 
        `year 1993 the first place it appears' '' and inserting `` 
        `year 1993' the first place it appears''.
            (10) Section 219(ee) of INTCA is amended by adding at the 
        end the following:
    ``(3) The amendments made by this subsection shall take effect on 
the date of the enactment of this Act.''.
            (11) Paragraphs (4) and (6) of section 286(r) (8 U.S.C. 
        1356(r)) are amended by inserting ``the'' before ``Fund'' each 
        place it appears.
            (12) Section 221 of INTCA is amended--
                    (A) by striking each semicolon and inserting a 
                comma,
                    (B) by striking ``disasters.'' and inserting 
                ``disasters,''; and
                    (C) by striking ``The official'' and inserting 
                ``the official''.
            (13) Section 242A (8 U.S.C. 1252a), as added by section 
        224(a) of INTCA and before redesignation as section 238 by 
        section 308(b)(5) of this division, is amended by redesignating 
        subsection (d) as subsection (c).
            (14) Except as otherwise provided in this subsection, the 
        amendments made by this subsection shall take effect as if 
        included in the enactment of INTCA.
    (c) Amendments Relating to Public Law 104-132 (Antiterrorism and 
Effective Death Penalty Act of 1996).--
            (1) Section 219 (8 U.S.C. 1189), as added by section 302(a) 
        of Antiterrorism and Effective Death Penalty Act of 1996 
        (Public Law 104-132) (in this subsection referred to as 
        ``AEDPA''), is amended by striking the heading and all that 
        follows through ``(a)'' and inserting the following:

            ``designation of foreign terrorist organizations

    ``Sec. 219. (a)''.
            (2) Section 302(b) of AEDPA is amended by striking ``, 
        relating to terrorism,''.
            (3) Section 106(a) (8 U.S.C. 1105a(a)), as amended by 
        sections 401(e) and 440(a) of AEDPA, is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (8);
                    (B) by striking the period at the end of paragraph 
                (9) and inserting ``; and''; and
                    (C) in paragraph (10), by striking ``Any'' and 
                inserting ``any''.
            (4) Section 440(a) of the AEDPA is amended by striking 
        ``Section 106 of the Immigration and Nationality Act (8 U.S.C. 
        1105a(a)(10)) is amended to read as follows:'' and inserting 
        ``Section 106(a) of the Immigration and Nationality Act (8 
        U.S.C. 1105a(a)) is amended by adding at the end the 
        following:''.
            (5) Section 440(g)(1)(A) of AEDPA is amended--
                    (A) by striking ``of this title''; and
                    (B) by striking the period after 
                ``241(a)(2)(A)(i)''.
            (6) Section 440(g) of AEDPA is amended by striking 
        paragraph (2).
            (7) The amendments made by this subsection shall take 
        effect as if included in the enactment of subtitle A of title 
        IV of AEPDA.
    (d) Striking References to Section 210A.--
            (1)(A) Section 201(b)(1)(C) (8 U.S.C. 1151(b)(1)(C)) is 
        amended by striking ``, 210A,''.
            (B) Section 274B(a)(3)(B) (8 U.S.C. 1324b(a)(3)(B)) is 
        amended by striking ``, 210A(a),''.
            (C) Section 241(a)(1) (8 U.S.C. 1251(a)(1)), before 
        redesignation by section 305(a)(2) of this division, is amended 
        by striking subparagraph (F).
            (2) Sections 204(c)(1)(D)(i) and 204(j)(4) of Immigration 
        Reform and Control Act of 1986 are each amended by striking ``, 
        210A,''.
    (e) Miscellaneous Changes in the Immigration and Nationality Act.--
            (1) Before being amended by section 308(a)(2) of this 
        division, the item in the table of contents relating to section 
        242A is amended to read as follows:

``Sec. 242A. Expedited deportation of aliens convicted of committing 
                            aggravated felonies.''.

            (2) Section 101(c)(1) (8 U.S.C. 1101(c)(1)) is amended by 
        striking ``, 321, and 322'' and inserting ``and 321''.
            (3) Section 212(d)(11) (8 U.S.C. 1182(d)(11)) is amended by 
        inserting a comma after ``(4) thereof)''.
            (4) Pursuant to section 6(b) of Public Law 103-272 (108 
        Stat. 1378)--
                    (A) section 214(f)(1) (8 U.S.C. 1184(f)(1)) is 
                amended by striking ``section 101(3) of the Federal 
                Aviation Act of 1958'' and inserting ``section 
                40102(a)(2) of title 49, United States Code''; and
                    (B) section 258(b)(2) (8 U.S.C. 1288(b)(2)) is 
                amended by striking ``section 105 or 106 of the 
                Hazardous Materials Transportation Act (49 U.S.C. App. 
                1804, 1805)'' and inserting ``section 5103(b), 5104, 
                5106, 5107, or 5110 of title 49, United States Code''.
            (5) Section 286(h)(1)(A) (8 U.S.C. 1356(h)(1)(A)) is 
        amended by inserting a period after ``expended''.
            (6) Section 286(h)(2)(A) (8 U.S.C. 1356(h)(2)(A)) is 
        amended--
                    (A) by striking ``and'' at the end of clause (iv);
                    (B) by moving clauses (v) and (vi) 2 ems to the 
                left;
                    (C) by striking ``; and'' in clauses (v) and (vi) 
                and inserting ``and for'';
                    (D) by striking the colons in clauses (v) and (vi); 
                and
                    (E) by striking the period at the end of clause (v) 
                and inserting ``; and''.
            (7) Section 412(b) (8 U.S.C. 1522(b)) is amended by 
        striking the comma after ``is authorized'' in paragraph (3) and 
        after ``The Secretary'' in paragraph (4).
    (f) Miscellaneous Change in the Immigration Act of 1990.--Section 
161(c)(3) of the Immigration Act of 1990 is amended by striking ``an 
an'' and inserting ``of an''.
    (g) Miscellaneous Changes in Other Acts.--
            (1) Section 506(a) of the Intelligence Authorization Act, 
        Fiscal Year 1990 (Public Law 101-193) is amended by striking 
        ``this section'' and inserting ``such section''.
            (2) Section 140 of the Foreign Relations Authorization Act, 
        Fiscal Years 1994 and 1995, as amended by section 505(2) of 
        Public Law 103-317, is amended--
                    (A) by moving the indentation of subsections (f) 
                and (g) 2 ems to the left; and
                    (B) in subsection (g), by striking ``(g)'' and all 
                that follows through ``shall'' and inserting ``(g) 
                Subsections (d) and (e) shall''.

          DIVISION D--SMALL BUSINESS PROGRAMS IMPROVEMENT ACT

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

          (a) Short Title.--This division may be cited as the ``Small 
Business Programs Improvement Act of 1996''.
          (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.

SEC. 2. ADMINISTRATOR DEFINED.

          For purposes of this Act, the term ``Administrator'' means 
the Administrator of the Small Business Administration.

SEC. 3. EFFECTIVE DATE.

          Except as otherwise expressly provided, this Act and the 
amendments made by this Act shall take effect on October 1, 1996.

               TITLE I--AMENDMENTS TO SMALL BUSINESS ACT

SEC. 101. REFERENCES.

          Except as otherwise expressly provided, whenever in this 
title an amendment or repeal is expressed in terms of an amendment to, 
or repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the Small 
Business Act (15 U.S.C. 631 et seq.).

SEC. 102. RISK MANAGEMENT DATABASE.

          Section 4(b) (15 U.S.C. 633) is amended by inserting after 
paragraph (2) the following:
            ``(3) Risk management database.--
                    ``(A) Establishment.--The Administration shall 
                establish, within the management system for the loan 
                programs authorized by subsections (a) and (b) of 
                section 7 of this Act and title V of the Small Business 
                Investment Act of 1958, a management information system 
                that will generate a database capable of providing 
                timely and accurate information in order to identify 
                loan underwriting, collections, recovery, and 
                liquidation problems.
                    ``(B) Information to be maintained.--In addition to 
                such other information as the Administration considers 
                appropriate, the database established under 
                subparagraph (A) shall, with respect to each loan 
                program described in subparagraph (A), include 
                information relating to--
                            ``(i) the identity of the institution 
                        making the guaranteed loan or issuing the 
                        debenture;
                            ``(ii) the identity of the borrower;
                            ``(iii) the total dollar amount of the loan 
                        or debenture;
                            ``(iv) the total dollar amount of 
                        government exposure in each loan;
                            ``(v) the district of the Administration in 
                        which the borrower has its principal office;
                            ``(vi) the principal line of business of 
                        the borrower, as identified by Standard 
                        Industrial Classification Code (or any 
                        successor to that system);
                            ``(vii) the delinquency rate for each 
                        program (including number of instances and days 
                        overdue);
                            ``(viii) the number and amount of 
                        repurchases, losses, and recoveries in each 
                        program;
                            ``(ix) the number of deferrals or 
                        forbearances in each program (including days 
                        and number of instances);
                            ``(x) comparisons on the basis of loan 
                        program, lender, Administration district and 
                        region, for all the data elements maintained; 
                        and
                            ``(xi) underwriting characteristics of each 
                        loan that has entered into default, including 
                        term, amount and type of collateral, loan-to-
                        value and other actual and projected ratios, 
                        line of business, credit history, and type of 
                        loan.
                    ``(C) Deadline for operational capability.--The 
                database established under subparagraph (A) shall--
                            ``(i) be operational not later than June 
                        30, 1997; and
                            ``(ii) capture data beginning on the first 
                        day of the second quarter of fiscal year 1997 
                        beginning after such date and thereafter.''.

SEC. 103. SECTION 7(A) LOAN PROGRAM.

          (a) Servicing and Liquidation of Loans by Preferred 
Lenders.--Section 7(a)(2)(C)(ii)(II) (15 U.S.C. 636(a)(2)(C)(ii)(II)) 
is amended to read as follows:
                                    ``(II) complete authority to 
                                service and liquidate such loans 
                                without obtaining the prior specific 
                                approval of the Administration for 
                                routine servicing and liquidation 
                                activities, but shall not take any 
                                actions creating an actual or apparent 
                                conflict of interest.''.
          (b) Certified Lenders Program.--Section 7(a)(19) (15 U.S.C. 
636(a)(19)) is amended by adding at the end the following new 
subparagraph:
                    ``(C) Authority to liquidate loans.--
                            ``(i) In general.--The Administrator may 
                        permit lenders participating in the Certified 
                        Lenders Program to liquidate loans made with a 
                        guarantee from the Administration pursuant to a 
                        liquidation plan approved by the Administrator.
                            ``(ii) Automatic approval.--If the 
                        Administrator does not approve or deny a 
                        request for approval of a liquidation plan 
                        within 10 business days of the date on which 
                        the request is made (or with respect to any 
                        routine liquidation activity under such a plan, 
                        within 5 business days) such request shall be 
                        deemed to be approved.''.
          (c) Limitation on Conducting Pilot Projects.--Section 7(a) 
(15 U.S.C. 636(a)) is amended by adding at the end the following new 
paragraph:
            ``(25) Limitation on conducting pilot projects.--
                    ``(A) In general.--Not more than 10 percent of the 
                total number of loans guaranteed in any fiscal year 
                under this subsection may be awarded as part of a pilot 
                program which is commenced by the Administrator on or 
                after October 1, 1996.
                    ``(B) Pilot program defined.--In this paragraph, 
                the term `pilot program' means any lending program 
                initiative, project, innovation, or other activity not 
                specifically authorized by law.
                    ``(C) Low documentation loan program.--The 
                Administrator may carry out the low documentation loan 
                program for loans of $100,000 or less only through 
                lenders with significant experience in making small 
                business loans. Not later than 90 days after the date 
                of enactment of this subsection, the Administrator 
                shall promulgate regulations defining the experience 
                necessary for participation as a lender in the low 
                documentation loan program.''.
          (d) Calculation of Subsidy Rate.--Section 7(a) (15 U.S.C. 
636(a)) is amended by adding at the end the following new paragraph:
            ``(26) Calculation of subsidy rate.--All fees, interest, 
        and profits received and retained by the Administration under 
        this subsection shall be included in the calculations made by 
        the Director of the Office of Management and Budget to offset 
        the cost (as that term is defined in section 502 of the Federal 
        Credit Reform Act of 1990) to the Administration of purchasing 
        and guaranteeing loans under this Act.''.
          (e) Sale of Unguaranteed Portions of SBA Loans.--Section 
5(f)(3) (15 U.S.C. 634(f)(3)) is amended by adding at the end the 
following: ``Beginning on March 31, 1997, the sale of the unguaranteed 
portion of any loan made under section 7(a) shall not be permitted 
until a final regulation that applies uniformly to both depository 
institutions and other lenders is promulgated by the Administration 
setting forth the terms and conditions under which such sales can be 
permitted, including maintenance of appropriate reserve requirements 
and other safeguards to protect the safety and soundness of the 
program.''.
          (f) Conditions on Purchase of Loans.--Section 7(a)(4) (15 
U.S.C. 636(a)(4)) is amended--
            (1) by striking ``(4) Notwithstanding'' and inserting the 
        following:
            ``(4) Interest rates and fees.--
                    ``(A) Interest rates.--Notwithstanding''; and
            (2) by adding at the end the following new subparagraph:
                    ``(B) Payment of accrued interest.--
                            ``(i) In general.--Any bank or other 
                        lending institution making a claim for payment 
                        on the guaranteed portion of a loan made under 
                        this subsection shall be paid the accrued 
                        interest due on the loan from the earliest date 
                        of default to the date of payment of the claim 
                        at a rate not to exceed the rate of interest on 
                        the loan on the date of default, minus one 
                        percent.
                            ``(ii) Loans sold on secondary market.--If 
                        a loan described in clause (i) is sold on the 
                        secondary market, the amount of interest paid 
                        to a bank or other lending institution 
                        described in that clause from the earliest date 
                        of default to the date of payment of the claim 
                        shall be no more than the agreed upon rate, 
                        minus one percent.''.
          (g) Plan for Transfer of Loan Servicing Functions to 
Centralized Centers.--
            (1) Implementation plan required.--The Administrator shall 
        submit a detailed plan for completing the consolidation, in one 
        or more centralized centers, of the performance of the various 
        functions relating to the servicing of loans directly made or 
        guaranteed by the Administration pursuant to the Small Business 
        Act, addressing the matters described in paragraph (2) by the 
        deadline specified in paragraph (3).
            (2) Contents of plan.--In addition to such other matters as 
        the Administrator may deem appropriate, the plan required by 
        paragraph (1) shall include--
                    (A) the proposed number and location of such 
                centralized loan servicing centers;
                    (B) the proposed workload (identified by type and 
                numbers of loans and their geographic origin by the 
Small Business Administration district office) and staffing of each 
such center;
                    (C) a detailed, time-phased plan for the transfer 
                of the identified loan servicing functions to each 
                proposed center; and
                    (D) any identified impediments to the timely 
                execution of the proposed plan (including adequacy of 
                available financial resources, availability of needed 
                personnel, facilities, and related equipment) and the 
                recommendations of the Administrator for addressing 
                such impediments.
            (3) Deadline for submission.--Not later than February 28, 
        1997, the plan required by paragraph (1) shall be submitted to 
        the Committees on Small Business of the House of 
        Representatives and Senate.
          (h) Preferred Lender Standard Review Program.--Not later than 
90 days after the date of enactment of this Act, the Administrator 
shall commence a standard review program for the Preferred Lender 
Program established by section 5(b)(7) of the Small Business Act (15 
U.S.C. 634(b)(7)), which shall include annual or more frequent 
assessments of the participation of the lender in the program, 
including defaults, loans, and recoveries of loans made by that lender 
under the authority of this section. The Administrator shall require 
such standard review for each new entrant to the Preferred Lender 
Program.
          (i) Independent Study of Loan Programs.--
            (1) Study required.--The Administrator shall contract with 
        one or more private sector parties to conduct a comprehensive 
        assessment of the performance of the loan programs authorized 
        by section 7(a) of the Small Business Act (15 U.S.C. 636(a)) 
        and title V of the Small Business Investment Act of 1958 (15 
        U.S.C. 661) addressing the matters described in paragraph (2) 
        and resulting in a report to the Congress pursuant to paragraph 
        (5).
            (2) Matters to be assessed.--In addition to such other 
        matters as the Administrator considers appropriate, the 
        assessment required by paragraph (1) shall address, with 
        respect to each loan program described in paragraph (1) for 
        each of the fiscal years described in paragraph (3)--
                    (A) the number and frequency of deferrals and 
                defaults;
                    (B) default rates;
                    (C) comparative loss rate, by--
                            (i) type of lender (separately addressing 
                        preferred lenders, certified lenders, and 
                        general participation lenders);
                            (ii) term of the loan;
                            (iii) dollar value of the loan at 
                        disbursement; and
                            (iv) underwriting characteristics of each 
                        loan that has entered into default, including 
                        term, amount and type of collateral, loan-to-
                        value and other actual and projected ratios, 
                        line of business, credit history, and type of 
                        loan; and
                    (D) the economic models used by the Office of 
                Management and Budget to calculate the credit subsidy 
                rate applicable to the loan programs.
            (3) Period of assessment.--The assessments undertaken 
        pursuant to paragraph (2) shall address data for the period 
        beginning with fiscal year 1986 of each loan program described 
        in paragraph (1).
            (4) Access to information.--The Administrator shall provide 
        to the contractor access to any information collected by or 
        available to the Administration with regard to the loan 
        programs being assessed. The contactor shall preserve the 
        confidentiality of any information for which confidentiality is 
        protected by law or properly asserted by the person submitting 
        such information.
            (5) Contract funding.--The Administrator shall fund the 
        cost of the contract from the amounts appropriated for the 
        salaries and expenses of the Administration for fiscal year 
        1997.
            (6) Report to the congress.--
                    (A) Contents.--The contractor shall prepare a 
                report of--
                            (i) its analyses of the matters to be 
                        assessed pursuant to paragraph (2); and
                            (ii) its independent recommendations for 
                        improving program performance with respect to 
                        each loan program, regarding--
                                    (I) improving the timely collection 
                                and subsequent management by the 
                                Administration of data to measure the 
                                performance of each loan program 
                                described in paragraph (1); and
                                    (II) reducing loss rates for and 
                                improving the performance of each such 
                                loan program.
                    (B) Submission to the congress.--Not later than 
                June 30, 1997, the Administrator  shall submit the 
report prepared under subparagraph (A) to the Committees on Small 
Business of the House of Representatives and the Senate. The 
Administrator shall append his comments, and those of the Office of 
Management and Budget, if any, to the report.

SEC. 104. DISASTER LOANS.

          (a) Private Sector Loan Servicing Demonstration Program.--
            (1) In general.--
                    (A) Demonstration program required.--
                Notwithstanding any other provision of law, the 
                Administration shall conduct a demonstration program, 
                within the parameters described in paragraph (2), to 
                evaluate the comparative costs and benefits of having 
                the Administration's portfolio of disaster loans 
                serviced under contract rather than directly by 
                employees of the Administration. All costs of the 
                demonstration program shall be paid from amounts made 
                available for the Salaries and Expenses Account of the 
                Administration.
                    (B) Initiation date.--Not later than 90 days after 
                the date of enactment of this Act, the Administration 
                shall issue a request for proposals for the program 
                parameters described in paragraph (2).
            (2) Demonstration program parameters.--
                    (A) Loan sample.--The sample of loans for the 
                demonstration program shall be randomly drawn from the 
                Administration's portfolio of loans made pursuant to 
                section 7(b) of the Small Business Act and shall 
                include a representative group of not less than 30 
                percent of all loans for residential properties, 
                including 30 percent of all loans made during the 
                demonstration program after the date of enactment of 
                this Act, which loans shall be selected by the 
                Administration on the basis of geographic distribution 
                and such other factors as the Administration determines 
                to be appropriate.
                    (B)  Contract and options.--The Administration 
                shall solicit and competitively award one or more 
                contracts to service the loans included in the sample 
                of loans described in subparagraph (A) for a term of 
                not less than one year, with 3 one-year contract 
                renewal options, each of which shall be exercised by 
                the Administration unless the Administration terminates 
                the contractor or contractors for good cause.
            (3) Term of demonstration program.--The demonstration 
        program shall commence not later than October 1, 1997.
            (4) Reports.--
                    (A) Interim reports.--Not later than 120 days 
                before the expiration of the initial 4-year contract 
                performance period, the Administrator shall submit to 
                the Committees on Small Business of the House of 
                Representatives and the Senate an interim report on the 
                conduct of the demonstration program. The contractor 
                shall be afforded a reasonable opportunity to attach 
                comments to each such report.
                    (B) Final report.--Not later than 120 days after 
                the termination of the demonstration program, the 
                Administrator shall submit to the Committees on Small 
                Business of the House of Representatives and the Senate 
                a final report on the performance of the demonstration 
                program, together with the recommendations of the 
                Administrator for continuation, termination, or 
                modification of the demonstration program.
          (b) Definition of Disaster.--
            (1) In general.--Section 3(k) (15 U.S.C. 632(k)) is amended 
        by inserting ``commercial fishery failures or fishery resource 
        disasters (as determined by the Secretary of Commerce under 
        section 308(b) of the Interjurisdictional Fisheries Act of 
        1986),'' after ``tidal waves,''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall be effective with respect to any disaster occurring on or 
        after March 1, 1994.

SEC. 105. MICROLOAN DEMONSTRATION PROGRAM.

          Section 7(m)(7)(B) (15 U.S.C. 636(m)(4)) is amended by adding 
at the end the following: ``If, however, at the beginning of the fourth 
quarter of a fiscal year the Administration determines that a portion 
of appropriated microloan funds are unlikely to be awarded during that 
year, the Administration may make additional funds available to a State 
in excess of 125 percent of the pro rata share of that State.''.

SEC. 106. SMALL BUSINESS DEVELOPMENT CENTER PROGRAM.

          (a) Associate Administrator for Small Business Development 
Centers.--
            (1) Duties.--Section 21(h) (15 U.S.C. 648(h)) is amended to 
        read as follows:
          ``(h) Associate Administrator for Small Business Development 
Centers.--
            ``(1) Appointment and compensation.--The Administrator 
        shall appoint an Associate Administrator for Small Business 
        Development Centers who shall report to an official who is not 
        more than one level below the Office of the Administrator and 
        who shall serve without regard to the provisions of title 5, 
        governing appointments in the competitive service, and without 
        regard to chapter 51, and subchapter III of chapter 53 of such 
        title relating to classification and General Schedule pay 
        rates, but at a rate not less than the rate of GS-17 of the 
        General Schedule.
            ``(2) Duties.--
                    ``(A) In general.--The sole responsibility of the 
                Associate Administrator for Small Business Development 
                Centers shall be to administer the small business 
                development center program. Duties of the position 
                shall include recommending the annual program budget, 
                reviewing the annual budgets submitted by each 
                applicant, establishing appropriate funding levels 
                therefore, selecting applicants to participate in this 
                program, implementing the provisions of this section, 
                maintaining a clearinghouse to provide for the 
                dissemination and exchange of information between small 
                business development centers and conducting audits of 
                recipients of grants under this section.
                    ``(B) Consultation requirements.--In carrying out 
                the duties described in this subsection, the Associate 
                Administrator shall confer with and seek the advice of 
                the Board established by subsection (i) and 
                Administration officials in areas served by the small 
                business development centers; however, the Associate 
                Administrator shall be responsible for the management 
                and administration of the program and shall not be 
                subject to the approval or concurrence of such 
                Administration officials.''.
            (2) References to associate administrator.--Section 21 (15 
        U.S.C. 648) is amended--
                    (A) in subsection (c)(7), by striking ``Deputy 
                Associate Administrator of the Small Business 
                Development Center program'' and inserting ``Associate 
                Administrator for Small Business Development Centers''; 
                and
                    (B) in subsection (i)(2), by striking ``Deputy 
                Associate Administrator for Management Assistance'' and 
                inserting ``Associate Administrator for Small Business 
                Development Centers''.
          (b) Extension or Renewal of Cooperative Agreements.--Section 
21(k)(3) (15 U.S.C. 648(k)(3)) is amended to read as follows:
            ``(3) Extension or renewal of cooperative agreements.--
                    ``(A) In general.--In extending or renewing a 
                cooperative agreement of a small business development 
                center, the Administration shall consider the results 
                of the examination and certification program conducted 
                pursuant to paragraphs (1) and (2).
                    ``(B) Certification requirement.--After September 
                30, 2000, the Administration may not renew or extend 
                any cooperative agreement with a small business 
                development center unless the center has been approved 
                under the certification program conducted pursuant to 
                this subsection, except that the Associate 
                Administrator for Small Business Development Centers 
                may waive such certification requirement, in the 
                discretion of the Associate Administrator, upon a 
                showing that the center is making a good faith effort 
                to obtain certification.''.
          (c) Technical Correction.--Section 21(l) (15 U.S.C. 648(l)) 
is amended to read as follows:
          ``(l) Contract Authority.--The authority to enter into 
contracts shall be in effect for each fiscal year only to the extent 
and in the amounts as are provided in advance in appropriations Acts. 
After the administration has entered a contract, either as a grant or a 
cooperative agreement, with any applicant under this section, it shall 
not suspend, terminate, or fail to renew or extend any such contract 
unless the Administration provides the applicant with written 
notification setting forth the reasons therefore and affording the 
applicant an opportunity for a hearing, appeal, or other administrative 
proceeding under the provisions of chapter 5 of title 5, United States 
Code.''.

SEC. 107. MISCELLANEOUS AUTHORITIES TO PROVIDE LOANS AND OTHER 
              FINANCIAL ASSISTANCE.

          (a) Funding Limitation; Seminars.--Section 7(d) (15 U.S.C. 
636(d)) is amended--
            (1) by striking ``(d)(1)'' and inserting ``(d)''; and
            (2) by striking paragraph (2).
          (b) Trade Adjustment Loans.--Section 7(e) (15 U.S.C. 636(e)) 
is amended to read as follows:
          ``(e) [RESERVED].''.
          (c) Waiver of Credit Elsewhere Test for Colleges and 
Universities.--Section 7(f) (15 U.S.C. 636(f)) is amended to read as 
follows:
          ``(f) [RESERVED].''.
          (d) Loans to Small Business Concerns for Solar Energy and 
Energy Conservation Measures.--Section 7(l) (15 U.S.C. 636(l)) is 
amended to read as follows:
          ``(l) [RESERVED].''.

SEC. 108. SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM.

          (a) Extension of Demonstration Program.--
            (1) In general.--Section 711(c) of the Small Business 
        Competitiveness Demonstration Program Act of 1988 (15 U.S.C. 
        644 note; 102 Stat. 3890) is amended by striking ``September 
        30, 1996'' and inserting ``September 30, 1997''.
            (2) Repeal.--Section 717(f) of the Small Business 
        Competitiveness Demonstration Program Act of 1988 (15 U.S.C. 
        644 note) is repealed.
          (b) Reporting of Subcontract Participation in Contracts for 
Architectural and Engineering Services.--Section 714(b)(5) of the Small 
Business Competitiveness Demonstration Program Act of 1988 (15 U.S.C. 
644 note; 102 Stat. 3892) is amended to read as follows:
            ``(5) Duration.--The system described in subsection (a) 
        shall be established not later than October 1, 1996 (or as soon 
        as practicable thereafter on the first day of a subsequent 
        quarter of fiscal year 1997), and shall terminate on September 
        30, 1997.''.
          (c) Reports to the Congress.--
            (1) In general.--Section 716 of the Small Business 
        Competitiveness Demonstration Program Act of 1988 (15 U.S.C. 
        644 note; 102 Stat. 3893) is amended--
                    (A) in subsection (a), by striking ``fiscal year 
                1991 and 1995'' and inserting ``each of fiscal years 
                1991 through 1996'';
                    (B) in subsection (b), by striking ``results'' and 
                inserting ``cumulative results''; and
                    (C) in subsection (c), by striking ``1996'' and 
                inserting ``1997''.
            (2) Cumulative report through fiscal year 1995.--A 
        cumulative report of the results of the Small Business 
        Competitiveness Demonstration Program for fiscal years 1991 
        through 1995 shall be submitted not later than February 28, 
        1997 pursuant to section 716(a) of the Small Business 
        Competitiveness Demonstration Program Act of 1988 (15 U.S.C. 
        644 note; 102 Stat. 3893), as amended by paragraph (1) of this 
        subsection.

SEC. 109. AMENDMENT TO SMALL BUSINESS GUARANTEED CREDIT ENHANCEMENT ACT 
              OF 1993.

          (a) In general.--Section 7 of the Small Business Guaranteed 
Credit Enhancement Act of 1993 (Public Law 103-81; 15 U.S.C. 634 note) 
is repealed effective September 29, 1996.
          (b) Clerical Amendment.--The table of contents for the Small 
Business Guaranteed Credit Enhancement Act of 1993 (Public Law 103-81; 
15 U.S.C. 631 note) is amended by striking the item relating to section 
7.

SEC. 110. STTR PROGRAM EXTENSION.

          Section 9(n)(1)(C) (15 U.S.C. 638(n)(1)(C)) is amended by 
striking ``fiscal year 1996'' and inserting ``fiscal years 1996 and 
1997''.

SEC. 111. LEVEL OF PARTICIPATION FOR EXPORT WORKING CAPITAL LOANS.

          Section 7(A)(2) (15 U.S.C. 636(A)(2)) is amended by adding at 
the end the following:
                    ``(D) Participation under export working capital 
                program.--Notwithstanding subparagraph (A), in an 
                agreement to participate in a loan on a deferred basis 
                under the Export Working Capital Program established 
                pursuant to paragraph (14)(A), such participation by 
                the Administration shall not exceed 90 percent.''.

         TITLE II--AMENDMENTS TO SMALL BUSINESS INVESTMENT ACT

SEC. 201. REFERENCES.

          Except as otherwise expressly provided, whenever in this 
title an amendment or repeal is expressed in terms of an amendment to, 
or repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the Small 
Business Investment Act of 1958 (15 U.S.C. 661 et seq.).

SEC. 202. MODIFICATIONS TO DEVELOPMENT COMPANY DEBENTURE PROGRAM.

          (a) Decreased Loan to Value Ratios.--Section 502(3) (15 
U.S.C. 696(3)) is amended to read as follows:
            ``(3) Criteria for assistance.--
                    ``(A) In general.--Any development company assisted 
                under this section or section 503 of this title must 
                meet the criteria established by the Administration, 
                including the extent of participation to be required or 
                amount of paid-in capital to be used in each instance 
                as is determined to be reasonable by the 
                Administration.
                    ``(B) Community injection funds.--
                            ``(i) Sources of funds.--Community 
                        injection funds may be derived, in whole or in 
                        part, from--
                                    ``(I) State or local governments;
                                    ``(II) banks or other financial 
                                institutions;
                                    ``(III) foundations or other not-
                                for-profit institutions; or
                                    ``(IV) the small business concern 
                                (or its owners, stockholders, or 
                                affiliates) receiving assistance 
                                through a body authorized by this 
                                title.
                            ``(ii) Funding from institutions.--Not less 
                        than 50 percent of the total cost of any 
                        project financed pursuant to clauses (i), (ii), 
                        or (iii) of subparagraph (C) shall come from 
                        the institutions described in subclauses (I), 
                        (II), and (III) of clause (i).
                    ``(C) Funding from a small business concern.--The 
                small business concern (or its owners, stockholders, or 
                affiliates) receiving assistance through a body 
                authorized by this title shall provide--
                            ``(i) at least 15 percent of the total cost 
                        of the project financed, if the small business 
                        concern has been in operation for a period of 2 
                        years or less;
                            ``(ii) at least 15 percent of the total 
                        cost of the project financed if the project 
                        involves the construction of a limited or 
                        single purpose building or structure;
                            ``(iii) at least 20 percent of the total 
                        cost of the project financed if the project 
                        involves both of the conditions set forth in 
                        clauses (i) and (ii); or
                            ``(iv) at least 10 percent of the total 
                        cost of the project financed, in all other 
                        circumstances, at the discretion of the 
                        development company.''.
          (b) Guarantee Fee for Development Company Debentures.--
Section 503(b)(7)(A) (15 U.S.C. 697(b)(7)(A)) is amended by striking 
``equal to 0.125 percent'' and all that follows before the semicolon 
and inserting the following: ``equal to the lesser of--
                            ``(i) 0.9375 percent per year of the 
                        outstanding balance of the loan; or
                            ``(ii) such percentage per year of the 
                        outstanding balance of the loan as the 
                        Administrator may determine to be necessary to 
                        reduce the cost (as that term is defined in 
                        section 502 of the Federal Credit Reform Act of 
                        1990) to the Administration of purchasing and 
                        guaranteeing debentures under this Act to an 
                        amount that, taking into consideration any 
                        available appropriated funds, would permit the 
                        Administration to purchase or guarantee 
                        $2,000,000,000 of debentures in fiscal year 
                        1997''.
          (c) Fees To Offset Subsidy Cost.--Section 503(d) (15 U.S.C. 
697(d)) is amended to read as follows:
          ``(d) Charges for Administration Expenses.--
            ``(1) Level of charges.--The Administration may impose an 
        additional charge for administrative expenses with respect to 
        each debenture for which payment of principal and interest is 
guaranteed under subsection (a).
            ``(2) Participation fee.--The Administration shall collect 
        a one-time fee in an amount equal to 50 basis points on the 
        total participation in any project of any institution described 
        in subclause (I), (II), or (III) of section 502(3)(B)(i). Such 
        fee shall be imposed only when the participation of the 
        institution will occupy a senior credit position to that of the 
        development company. All proceeds of the fee shall be used to 
        offset the cost (as that term is defined in section 502 of the 
        Credit Reform Act of 1990) to the Administration of making 
        guarantees under subsection (a).
            ``(3) Development company fee.--The Administration shall 
        collect annually from each development company a fee of 0.125 
        percent of the outstanding principal balance of any guaranteed 
        debenture authorized by the Administration after September 30, 
        1996. Such fee shall be derived from the servicing fees 
        collected by the development company pursuant to regulation, 
        and shall not be derived from any additional fees imposed on 
        small business concerns. All proceeds of the fee shall be used 
        to offset the cost (as that term is defined in section 502 of 
        the Credit Reform Act of 1990) to the Administration of making 
        guarantees under subsection (a).''.
          (d) Effective Date.--Section 503 (15 U.S.C. 697) is amended 
by adding at the end the following new subsection:
          ``(f) Effective Date.--The fees authorized by subsections (b) 
and (c) shall apply to financings approved by the Administration on or 
after October 1, 1996, but shall not apply to financings approved by 
the Administration on or after October 1, 1997.''.
          (e) Calculation of Subsidy Rate.--Section 503 (15 U.S.C. 
697a) is amended by adding at the end the following new subsection:
          ``(g) Calculation of Subsidy Rate.--All fees, interest, and 
profits received and retained by the Administration under this section 
shall be included in the calculations made by the Director of the 
Office of Management and Budget to offset the cost (as that term is 
defined in section 502 of the Federal Credit Reform Act of 1990) to the 
Administration of purchasing and guaranteeing debentures under this 
Act.''.

SEC. 203. REQUIRED ACTIONS UPON DEFAULT.

          Section 503 (15 U.S.C. 697) is amended by adding at the end 
the following new subsection:
          ``(h) Required Actions Upon Default.--
            ``(1) Initial actions.--Not later than the 45th day after 
        the date on which a payment on a loan funded through a 
        debenture guaranteed under this section is due and not 
        received, the Administration shall--
                    ``(A) take all necessary steps to bring such a loan 
                current; or
                    ``(B) implement a formal written deferral 
                agreement.
            ``(2) Purchase or acceleration of debenture.--Not later 
        than the 65th day after the date on which a payment on a loan 
        described in paragraph (1) is due and not received, and absent 
        a formal written deferral agreement, the administration shall 
        take all necessary steps to purchase or accelerate the 
        debenture.
            ``(3) Prepayment penalties.--With respect to the portion of 
        any project derived from funds set forth in section 502(3), the 
        Administration--
                    ``(A) shall negotiate the elimination of any 
                prepayment penalties or late fees on defaulted loans 
                made prior to September 30, 1996;
                    ``(B) shall not pay any prepayment penalty or late 
                fee on the default based purchase of loans issued after 
                September 30, 1996; and
                    ``(C) for any project financed after September 30, 
                1996, shall not pay any default interest rate higher 
                than the interest rate on the note prior to the date of 
                default.''.

SEC. 204. LOAN LIQUIDATION PILOT PROGRAM.

          (a) In General.--The Administrator shall carry out a loan 
liquidation pilot program (in this section referred to as the ``pilot 
program'') in accordance with the requirements of this section.
          (b) Selection of Development Companies.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Administrator shall establish a 
        pilot program under which certain development companies 
        authorized to make loans and issue debentures under title V of 
        the Small Business Investment Act of 1958 are selected by the 
        Administrator in accordance with this subsection to carry out 
        loan liquidations.
            (2) Conflicts of interest.--The development companies 
        selected under paragraph (1) shall agree not to take any action 
        that would create a potential conflict of interest involving 
        the development company, the third party lender, or an 
        associate of the third party lender.
            (3) Qualifications.--In order to qualify to participate in 
        the pilot program under this section, each development company 
        shall--
                    (A) have not less than 6 years of experience in the 
                program established by title V of the Small Business 
                Investment Act of 1958;
                    (B) have made, during the 6 most recent fiscal 
                years, an average of not less than 10 loans per year 
                through the program established by such title V of the 
                Small Business Investment Act of 1958;
                    (C) have not less than 2 years of experience in 
                liquidating loans under the authority of a Federal, 
                State, or other lending program; and
                    (D) meet such other requirements as the 
                Administration may establish.
          (c) Authority of Development Companies.--The development 
companies selected under subsection (b) shall, for loans in their 
portfolio of loans made through debentures guaranteed under title V of 
the Small Business Investment Act of 1958 that are in default after the 
date of enactment of this Act, be authorized to--
            (1) perform all liquidation and foreclosure functions, 
        including the acceleration or purchase of community injection 
        funds, subject to such company obtaining prior written approval 
        from the Administrator before committing the agency to purchase 
        any other indebtedness secured by the property: Provided, That 
        the Administrator shall approve or deny a request for such 
        purchase within a period of 10 business days; and
            (2) liquidate such loans in a reasonable and sound manner 
        and according to commercially accepted practices pursuant to a 
        liquidation plan approved by the Administrator in advance of 
        its implementation. If the Administrator does not approve or 
        deny a request for approval of a liquidation plan within 10 
        business days of the date on which the request is made (or with 
        respect to any routine liquidation activity under such a plan, 
        within 5 business days) such request shall be deemed to be 
        approved.
          (d) Authority of the Administrator.--In carrying out the 
pilot program, the Administrator shall--
            (1) have full authority to rescind the authority granted 
        any development company under this section upon a 10-day 
        written notice stating the reasons for the rescission; and
            (2) not later than 90 days after the admission of the 
        development companies specified in subsection (b), implement 
        the pilot program.
          (e) Report.--
            (1) In general.--The Administrator shall issue a report on 
        the results of the pilot program to the Committees on Small 
        Business of the House of Representatives and the Senate. The 
        report shall include information relating to--
                    (A) the total dollar amount of each loan and 
                project liquidated;
                    (B) the total dollar amount guaranteed by the 
                Administration;
                    (C) total dollar losses;
                    (D) total recoveries both as percentage of the 
                amount guaranteed and the total cost of the project; 
                and
                    (E) a comparison of the pilot program information 
                with the same information for liquidation conducted 
                outside the pilot program over the period of time.
            (2) Reporting period.--The report shall be based on data 
        from, and issued not later than 90 days after the close of, the 
        first eight fiscal quarters of the pilot program's operation 
        after the date of implementation.

SEC. 205. REGISTRATION OF CERTIFICATES.

          (a) Certificates Sold Pursuant to Small Business Act.--
Section 5(h) of the Small Business Act (15 U.S.C. 634(h)) is amended--
            (1) by redesignating paragraphs (1) through (4) as 
        subparagraphs (A) through (D);
            (2) by striking ``(h)'' and inserting ``(h)(1)'';
            (3) by striking subparagraph (A), as redesignated by 
        paragraph (1) of this subsection, and inserting the following:
                    ``(A) provide for a central registration of all 
                loans and trust certificates sold pursuant to 
                subsections (f) and (g) of this section;''; and
            (4) by adding at the end the following:
            ``(2) Nothing in this subsection shall prohibit the 
        utilization of a book-entry or other electronic form of 
        registration for trust certificates. The Administration may, 
        with the consent of the Secretary of the Treasury, use the 
        book-entry system of the Federal Reserve System.''.
          (b) Certificates Sold Pursuant to Small Business Investment 
Company Program.--Section 321(f) (15 U.S.C. 687l(f)) is amended--
            (1) in paragraph (1), by striking ``Such central 
        registration shall include'' and all that follows through the 
        period at the end of the paragraph; and
            (2) by adding at the end the following:
            ``(5) Nothing in this subsection shall prohibit the use of 
        a book-entry or other electronic form of registration for trust 
        certificates.''.
          (c) Certificates Sold Pursuant to Development Company 
Program.--Section 505(f) (15 U.S.C. 697b(f)) is amended--
            (1) by redesignating paragraphs (1) through (4) as 
        subparagraphs (A) through (D);
            (2) by striking ``(f)'' and inserting ``(f)(1)'';
            (3) by striking paragraph (A), as redesignated by paragraph 
        (1) of this subsection, and inserting the following:
                    ``(A) provide for a central registration of all 
                trust certificates sold pursuant to this section;'' and
            ``(4) by adding at the end the following:
            ``(2) Nothing in this subsection shall prohibit the 
        utilization of a book-entry or other electronic form of 
        registration for trust certificates.''.

SEC. 206. PREFERRED SURETY BOND GUARANTEE PROGRAM.

          (a) Admission of Additional Program Participants.--Section 
411(a) (15 U.S.C. 694(a)) is amended by adding a new paragraph (5), as 
follows:
            ``(5)(A) The Administration shall promptly act upon an 
        application from a surety to participate in the Preferred 
        Surety Bond Guarantee Program, authorized by paragraph (3), in 
        accordance with criteria and procedures established in 
        regulations pursuant to subsection (d).
            ``(B) The Administration is authorized to reduce the 
        allotment of bond guarantee authority or terminate the 
        participation of a surety in the Preferred Surety Program 
        Guarantee Program based on the rate of participation of such 
        surety during the 4 most recent fiscal year quarters compared 
        to the median rate of participation by the other sureties in 
        the program.''.
          (b) Effective Date.--The amendments made by subsection (a) 
shall apply with respect to applications received (or pending 
substantive evaluation) on or after October 1, 1995.

SEC. 207. SENSE OF THE CONGRESS.

          (a) In General.--It is the sense of the Congress that the 
subsidy models prepared by the Office of Management and Budget relative 
to loan programs sponsored by the United States Small Business 
Administration have a tendency to--
            (1) overestimate potential risk of loss; and
            (2) overemphasize historical losses that may be anomalous 
        and do not truly reflect the success of the programs as a 
        whole.
          (b) Independent Study.--Consequently, the Congress mandates 
the independent study in section 103(h) in an attempt to improve the 
ability of the Office of Management and Budget to reflect more 
accurately the budgetary implications of such programs.

SEC. 208. SMALL BUSINESS INVESTMENT COMPANY IMPROVEMENTS.

          (a) Definitions.--
            (1) Small Business Concern.--Section 103(5) (15 U.S.C. 
        662(5)) is amended by inserting before the semicolon the 
        following: ``, except that, for purposes of this Act, an 
        investment by a venture capital firm, investment company 
        (including a small business investment company) employee 
        welfare benefit plan or pension plan, or trust, foundation, or 
        endowment that is exempt from Federal income taxation--
                    ``(A) shall not cause a business concern to be 
                deemed not independently owned and operated;
                    ``(B) shall be disregarded in determining whether a 
                business concern satisfies size standards established 
                pursuant to section 3(a)(2) of the Small Business Act; 
                and
                    ``(C) shall be disregarded in determining whether a 
                small business concern is a smaller enterprise''.
            (2) Private capital.--Section 103(9) (15 U.S.C. 662(9)) is 
        amended to read as follows:
            ``(9) the term `private capital'--
                    ``(A) means the sum of--
                            ``(i) the paid-in capital and paid-in 
                        surplus of a corporate licensee, the 
                        contributed capital of the partners of a 
                        partnership licensee, or the equity investment 
                        of the members of a limited liability company 
                        licensee; and
                            ``(ii) unfunded binding commitments, from 
                        investors that meet criteria established by the 
                        Administrator, to contribute capital to the 
                        licensee: Provided, That such unfunded 
                        commitments may be counted as private capital 
                        for purposes of approval by the Administrator 
                        of any request for leverage, but leverage shall 
                        not be funded based on such commitments; and
                    ``(B) does not include any--
                            ``(i) funds borrowed by a licensee from any 
                        source;
                            ``(ii) funds obtained through the issuance 
                        of leverage; or
                            ``(iii) funds obtained directly or 
                        indirectly from any Federal, State, or local 
                        government, or any government agency or 
                        instrumentality, except for--
                                    ``(I) funds invested by an employee 
                                welfare benefit plan or pension plan; 
                                and
                                    ``(II) any qualified nonprivate 
                                funds (if the investors of the 
                                qualified nonprivate funds do not 
                                control, directly or indirectly, the 
                                management, board of directors, general 
                                partners, or members of the 
                                licensee);''.
            (3) New definitions.--Section 103 (15 U.S.C. 662) is 
        amended by striking paragraph (10) and inserting the following:

            ``(10) the term `leverage' includes--

                    ``(A) debentures purchased or guaranteed by the 
                Administration;

                    ``(B) participating securities purchased or 
                guaranteed by the Administration; and

                    ``(C) preferred securities outstanding as of 
                October 1, 1995;

            ``(11) the term `third party debt' means any indebtedness 
        for borrowed money, other than indebtedness owed to the 
        Administration;

            ``(12) the term `smaller enterprise' means any small 
        business concern that, together with its affiliates--

                    ``(A) has--

                            ``(i) a net financial worth of not more 
                        than $6,000,000, as of the date on which 
                        assistance is provided under this Act to that 
                        business concern; and

                            ``(ii) an average net income for the 2-year 
                        period preceding the date on which assistance 
                        is provided under this Act to that business 
                        concern, of not more than $2,000,000, after 
                        Federal income taxes (excluding any carryover 
                        losses); or

                    ``(B) satisfies the standard industrial 
                classification size standards established by the 
                Administration for the industry in which the small 
                business concern is primarily engaged;
            ``(13) the term `qualified nonprivate funds' means any--
                    ``(A) funds directly or indirectly invested in any 
                applicant or licensee on or before August 16, 1982, by 
                any Federal agency, other than the Administration, 
                under a provision of law explicitly mandating the 
                inclusion of those funds in the definition of the term 
                `private capital';
                    ``(B) funds directly or indirectly invested in any 
                applicant or licensee by any Federal agency under a 
                provision of law enacted after September 4, 1992, 
                explicitly mandating the inclusion of those funds in 
                the definition of the term `private capital'; and
                    ``(C) funds invested in any applicant or licensee 
                by one or more State or local government entities 
                (including any guarantee extended by those entities) in 
                an aggregate amount that does not exceed 33 percent of 
                the private capital of the applicant or licensee;
            ``(14) the terms `employee welfare benefit plan' and 
        `pension plan' have the same meanings as in section 3 of the 
        Employee Retirement Income Security Act of 1974, and are 
        intended to include--
                    ``(A) public and private pension or retirement 
                plans subject to such Act; and
                    ``(B) similar plans not covered by such Act that 
                have been established and that are maintained by the 
                Federal Government or any State or political 
                subdivision, or any agency or instrumentality thereof, 
                for the benefit of employees;
            ``(15) the term `member' means, with respect to a licensee 
        that is a limited liability company, a holder of an ownership 
        interest or a person otherwise admitted to membership in the 
        limited liability company; and
            ``(16) the term `limited liability company' means a 
        business entity that is organized and operating in accordance 
        with a State limited liability company statute approved by the 
        Administration.''.
          (b) Organization of Small Business Investment Companies.--
            (1) Limited liability companies.--Section 301(a) (15 U.S.C. 
        681(a)) is amended in the first sentence, by striking ``body 
        or'' and inserting ``body, a limited liability company, or''
            (2) Issuance of license.--Section 301(c) (15 U.S.C. 681(c)) 
        is amended to read as follows:
          ``(c) Issuance of License.--
            ``(1) Submission of application.--Each applicant for a 
        license to operate as a small business investment company under 
        this Act shall submit to the Administrator an application, in a 
        form and including such documentation as may be prescribed by 
        the Administrator.
            ``(2) Procedures.--
                    ``(A) Status.--Not later than 90 days after the 
                initial receipt by the Administrator of an application 
                under this subsection, the Administrator shall provide 
                the applicant with a written report detailing the 
                status of the application and any requirements 
                remaining for completion of the application.
                    ``(B) Approval or disapproval.--Within a reasonable 
                time after receiving a completed application submitted 
                in accordance with this subsection and in accordance 
                with such requirements as the Administrator may 
                prescribe by regulation, the Administrator shall--
                            ``(i) approve the application and issue a 
                        license for such operation to the applicant if 
                        the requirements of this section are satisfied; 
                        or
                            ``(ii) disapprove the application and 
                        notify the applicant in writing of the 
                        disapproval.
            ``(3) Matters considered.--In reviewing and processing any 
        application under this subsection, the Administrator--
                    ``(A) shall determine whether--
                            ``(i) the applicant meets the requirements 
                        of subsections (a) and (c) of section 302; and
                            ``(ii) the management of the applicant is 
                        qualified and has the knowledge, experience, 
                        and capability necessary to comply with this 
                        Act;
                    ``(B) shall take into consideration--
                            ``(i) the need for and availability of 
                        financing for small business concerns in the 
                        geographic area in which the applicant is to 
                        commence business;
                            ``(ii) the general business reputation of 
                        the owners and management of the applicant; and
                            ``(iii) the probability of successful 
                        operations of the applicant, including adequate 
                        profitability and financial soundness; and
                    ``(C) shall not take into consideration any 
                projected shortage or unavailability of leverage.
            ``(4) Exception.--
                    ``(A) In general.--Notwithstanding any other 
                provision of this Act, the Administrator may, in the 
                discretion of the Administrator and based on a showing 
                of special circumstances and good cause, approve an 
                application and issue a license under this subsection 
                with respect to any applicant that--
                            ``(i) has private capital of not less than 
                        $3,000,000;
                            ``(ii) would otherwise be issued a license 
                        under this subsection, except that the 
                        applicant does not satisfy the requirements of 
                        section 302(a); and
                            ``(iii) has a viable business plan 
                        reasonably projecting profitable operations and 
                        a reasonable timetable for achieving a level of 
                        private capital that satisfies the requirements 
                        of section 302(a).
                    ``(B) Leverage.--An applicant licensed pursuant to 
                the exception provided in this paragraph shall not be 
                eligible to receive leverage as a licensee until the 
                applicant satisfies the requirements of section 
                302(a).''.
            (3) Specialized small business investment companies.--
                    (A) Repeal.--Section 301(d) (15 U.S.C. 681(d)) is 
                repealed.
                    (B) Effect on existing licenses.--The repeal under 
                subparagraph (A) shall not be construed to require the 
                Administrator to cancel, revoke, withdraw, or modify 
                any license issued under section 301(d) of the Small 
                Business Investment Act of 1958 before the date of 
                enactment of this Act.
          (c) Capital Requirements.--
            (1) Increased minimum capital requirements.--Section 302(a) 
        (15 U.S.C. 682(a)) is amended by striking ``(a)'' and all that 
        follows through ``The Administration shall also determine the 
        ability of the company,'' and inserting the following:
          ``(a) Amount.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        private capital of each licensee shall be not less than--
                    ``(A) $5,000,000; or
                    ``(B) $10,000,000, with respect to each licensee 
                authorized or seeking authority to issue participating 
                securities to be purchased or guaranteed by the 
                Administration under this Act.
            ``(2) Exception.--The Administrator may, in the discretion 
        of the Administrator and based on a showing of special 
        circumstances and good cause, permit the private capital of a 
        licensee authorized or seeking authorization to issue 
        participating securities to be purchased or guaranteed by the 
        Administration to be less than $10,000,000, but not less than 
        $5,000,000, if the Administrator determines that such action 
        would not create or otherwise contribute to an unreasonable 
        risk of default or loss to the Federal Government.
            ``(3) Adequacy.--In addition to the requirements of 
        paragraph (1), the Administrator shall--
                    ``(A) determine whether the private capital of each 
                licensee is adequate to assure a reasonable prospect 
                that the licensee will be operated soundly and 
                profitably, and managed actively and prudently in 
                accordance with its articles; and
                    ``(B) determine that the licensee will be able''.
            (2) Exemption for certain licensees.--Section 302(a) (15 
        U.S.C. 682(a)) is amended by adding at the end the following 
        new paragraph:
            ``(4) Exemption from capital requirements.--The 
        Administrator may, in the discretion of the Administrator, 
        approve leverage for any licensee licensed under subsection (c) 
        or (d) of section 301 before the date of enactment of the Small 
        Business Program Improvement Act of 1996 that does not meet the 
        capital requirements of paragraph (1), if--
                    ``(A) the licensee certifies in writing that not 
                less 50 percent of the aggregate dollar amount of its 
                financings after the date of enactment of the Small 
                Business Program Improvement Act of 1996 will be 
                provided to smaller enterprises; and
                    ``(B) the Administrator determines that such action 
                would not create or otherwise contribute to an 
                unreasonable risk of default or loss to the United 
                States Government.''.
            ``(3) Diversification of ownership.--Section 302(c) (15 
        U.S.C. 682(c)) is amended to read as follows:
          ``(c) Diversification of Ownership.--The Administrator shall 
ensure that the management of each licensee licensed after the date of 
enactment of the Small Business Program Improvement Act of 1996 is 
sufficiently diversified from and unaffiliated with the ownership of 
the licensee in a manner that ensures independence and objectivity in 
the financial management and oversight of the investments and 
operations of the licensee.''.
          (d) Borrowing.--
            ``(2) Debentures.--Section 303(b) (15 U.S.C. 683(b)) is 
        amended in the first sentence, by striking ``(but only'' and 
        all that follows through ``terms)''.
            ``(2) Third party debt.--Section 303(c) (15 U.S.C. 683(c)) 
        is amended to read as follows:
          ``(c) Third Party Debt.--The Administrator--
            ``(1) shall not permit a licensee having outstanding 
        leverage to incur third party debt that would create or 
        contribute to an unreasonable risk of default or loss to the 
        Federal Government; and
            ``(2) shall permit such licensees to incur third party debt 
        only on such terms and subject to such conditions as may be 
        established by the Administrator, by regulation or 
        otherwise.''.
            (3) Requirement to finance smaller enterprises.--Section 
        303(d) (15 U.S.C. 683(d)) is amended to read as follows:
          ``(d) Requirement to Finance Smaller Enterprises.--The 
Administrator shall require each licensee, as a condition of approval 
of an application for leverage, to certify in writing that not less 
than 20 percent of the aggregate dollar amount of the financings of the 
licensee will be provided to smaller enterprises.''.
            (4) Capital impairment requirements.--
                    (A) In general.--Section 303(e) (15 U.S.C. 683(e)) 
                is amended to read as follows:
          ``(e) Capital Impairment.--Before approving any application 
for leverage submitted by a licensee under this Act, the 
Administrator--
            ``(1) shall determine that the private capital of the 
        licensee meets the requirements of section 302(a); and
            ``(2) shall determine, taking into account the nature of 
        the assets of the licensee, the amount and terms of any third 
        party debt owed by such licensee, and any other factors 
        determined to be relevant by the Administrator, that the 
        private capital of the licensee has not been impaired to such 
        an extent that the issuance of additional leverage would create 
        or otherwise contribute to an unreasonable risk of default or 
        loss to the Federal Government.''.
                    (B) Regulations.--
                            (i) Uniform applicability.--Any regulation 
                        issued by the Administration to implement 
                        section 303(e) of the Small Business Investment 
                        Act of 1958 that applies to any licensee with 
                        outstanding leverage obtained before the 
                        effective date of that regulation, shall apply 
                        uniformly to all licensees with outstanding 
                        leverage obtained before that effective date.
                            (ii) Definitions.--For purposes of this 
                        subparagraph, the terms ``Administration'', 
                        ``leverage'' and ``licensee'' have the same 
                        meanings as in section 103 of the Small 
                        Business Investment Act of 1958.
            (5) Equity investment requirement.--Section 303(g)(4) (15 
        U.S.C. 683(g)(4)) is amended by striking ``and maintain''.
            (6) Fees.--Section 303 (15 U.S.C. 683) is amended--
                    (A) in subsection (b), in the fifth sentence, by 
                striking ``1 per centum'', and all that follows before 
                the period at the end of the sentence and inserting the 
                following: ``1 percent, plus an additional charge of 1 
                percent per annum which shall be paid to and retained 
                by the Administration'';
                    (B) in subsection (g)(2), by striking ``1 per 
                centum,'' and all that follows before the period at the 
                end of the paragraph and inserting the following: ``1 
                percent, plus an additional charge of 1 percent per 
                annum which shall be paid to and retained by the 
                Administration''; and
                    (C) by adding at the end the following new 
                subsections:
          ``(i) Leverage Fee.--With respect to leverage granted by the 
Administration to a licensee, the Administration shall collect from the 
licensee a nonrefundable fee in an amount equal to 3 percent of the 
face amount of leverage granted to the licensee, payable upon the 
earlier of the date of entry into any commitment for such leverage or 
the date on which the leverage is drawn by the licensee.
          ``(j) Calculation of Subsidy Rate.--All fees, interest, and 
profits received and retained by the Administration under this section 
shall be included in the calculations made by the Director of the 
Office of Management and Budget to offset the cost (as that term is 
defined in section 502 of the Federal Credit Reform Act of 1990) to the 
Administration of purchasing and guaranteeing debentures and 
participating securities under this Act.''.
          (e) Liability of the United States.--Section 308(e) (15 
U.S.C. 687(e)) is amended by striking ``Nothing'' and inserting 
``Except as expressly provided otherwise in this Act, nothing''.
          (f) Examinations; Valuations.--
            (1) Examinations.--Section 310(b) (15 U.S.C. 687b(b)) is 
        amended in the first sentence by inserting ``which may be 
        conducted with the assistance of a private sector entity that 
        has both the qualifications to conduct and expertise in 
        conducting such examinations,'' after ``Investment Division of 
        the Administration,''.
            (2) Valuations.--Section 310(d) (15 U.S.C. 687b(d)) is 
        amended to read as follows:
          ``(d) Valuations.--
            ``(1) Frequency of valuations.--
                    ``(A) In general.--Each licensee shall submit to 
                the Administrator a written valuation of the loans and 
                investments of the licensee not less often than 
                semiannually or otherwise upon the request of the 
                Administrator, except that any licensee with no 
                leverage outstanding shall submit such valuations 
                annually, unless the Administrator determines 
                otherwise.
                    ``(B) Material adverse changes.--Not later than 30 
                days after the end of a fiscal quarter of a licensee 
                during which a material adverse change in the aggregate 
                valuation of the loans and investments or operations of 
                the licensee occurs, the licensee shall notify the 
                Administrator in writing of the nature and extent of 
                that change.
                    ``(C) Independent certification.--
                            ``(i) In General.--Not less than once 
                        during each fiscal year, each licensee shall 
                        submit to the Administrator the financial 
                        statements of the licensee, audited by an 
                        independent certified public accountant 
                        approved by the Administrator.
                            ``(ii) Audit requirements.--Each audit 
                        conducted under clause (i) shall include--
                                    ``(I) a review of the procedures 
                                and documentation used by the licensee 
                                in preparing the valuations required by 
                                this section; and
                                    ``(II) a statement by the 
                                independent certified public accountant 
                                that such valuations were prepared in 
                                conformity with the valuation criteria 
                                applicable to the licensee established 
                                in accordance with paragraph (2).
            ``(2) Valuation criteria.--Each valuation submitted under 
        this subsection shall be prepared by the licensee in accordance 
        with valuation criteria, which shall--
                    ``(A) be established or approved by the 
                Administrator; and
                    ``(B) include appropriate safeguards to ensure that 
                the noncash assets of a licensee are not overvalued.''.
          (g) Trustee or Receivership Over Licensees.--
            (1) Finding.--It is the finding of the Congress that 
        increased recoveries on assets in liquidation under the Small 
        Business Investment Act of 1958 are in the best interests of 
        the Federal Government.
            (2) Definitions.--For purposes of this subsection--
                    (A) the term ``Administrator'' means the 
                Administrator of the Small Business Adminstration;
                    (B) the term ``Administration'' means the Small 
                Business Administration; and
                    (C) the term ``licensee'' has the same meaning as 
                in section 103.
                    (3) Liquidation plan.--
                    (A) In general.--Not later than January 15, 1997, 
                the Administrator shall submit to the Committees on 
                Small Business of the Senate and the House of 
                Representatives a detailed plan to expedite the orderly 
                liquidation of all licensee assets in liquidation, 
                including assets of licensees in receivership or in 
                trust held by or under the control of the 
                Administration or its agents.
                    (B) Contents.--The plan submitted under paragraph 
                (1) shall include a timetable for liquidating the 
                liquidation portfolio of small business investment 
                company assets owned by the Administration, and shall 
                contain the findings and recommendations of the 
                Administrator on various options providing for the fair 
                and expeditious liquidation of such assets within a 
                reasonable period of time, giving due consideration to 
                the option of entering into one or more contracts with 
                private sector entities having the capability to carry 
                out the orderly liquidation of similar assets.
          (h) Technical and Conforming Amendments.--
            (1) Small business investment act of 1958.--The Small 
        Business Investment Act of 1958 (15 U.S.C. 661 et seq.) is 
        amended--
                    (A) in section 303--
                            (i) in subsection (a), by striking 
                        ``debenture bonds,'' and inserting 
                        ``securities,'';
                            (ii) by striking subsection (f) and 
                        inserting the following:
            ``(f) Redemption or Repurchase of Preferred Stock.--
Notwithstanding any other provision of law--
            ``(1) the Administrator may allow the issuer of any 
        preferred stock sold to the Administration before November 1, 
        1989 to redeem or repurchase such stock, upon the payment to 
        the Administration of an amount less than the par value of such 
        stock, for a repurchase price determined by the Administrator 
        after consideration of all relevant factors, including--
                    ``(A) the market value of the stock;
                    ``(B) the value of benefits provided and 
                anticipated to accrue to the issuer;
                    ``(C) the amount of dividends paid, accrued, and 
                anticipated; and
                    ``(D) the estimate of the Administrator of any 
                anticipated redemption; and
            ``(2) any moneys received by the Administration from the 
        repurchase of preferred stock shall be available solely to 
        provide debenture leverage to licensees having 50 percent or 
        more in aggregate dollar amount of their financings invested in 
        smaller enterprises.''; and
                            (iii) in subsection (g)(8)--
                                    (I) by striking ``partners or 
                                shareholders'' and inserting 
                                ``partners, shareholders, or members'';
                                    (II) by striking ``partner's or 
                                shareholder's'' and inserting 
                                ``partner's, shareholder's, or 
                                member's''; and
                                    (III) by striking ``partner or 
                                shareholder'' and inserting ``partner, 
                                shareholder, or member'';
                    (B) in section 308(h), by striking ``subsection (c) 
                or (d) of section 301'' each place that term appears 
                and inserting ``section 301'';
                    (C) in section 310(c)(4), by striking ``not less 
                than four years in the case of section 301(d) licensees 
                and in all other cases,'';
                    (D) in section 312--
                            (i) by striking ``shareholders or 
                        partners'' and inserting ``shareholders, 
                        partners, or members''; and
                            (ii) by striking ``shareholder, or 
                        partner'' each place that term appears and 
                        inserting ``shareholder, partner, or member'';
                    (E) by striking sections 317 and 318, and 
                redesignating sections 319 through 322 as sections 317 
                through 320, respectively;
                    (F) in section 319, as redesignated--
                            (i) in subsection (a), by striking ``, 
                        including companies operating under the 
                        authority of section 301(d),''; and
                            (ii) in subsection (f)(2), by inserting 
                        ``or investments in obligations of the United 
                        States'' after ``accounts'';
                    (G) in section 320, as redesignated, by striking 
                ``section 321'' and inserting ``section 319''; and
                    (H) in section 509--
                            (i) in subsection (a)(1), by striking the 
                        second sentence; and
                            (ii) in subsection (e)(1)(B), by striking 
                        ``subsection (c) or (d) of section 301'' and 
                        inserting ``section 301''.
            (2) Amendment in other law.--Section 11(h) of the Federal 
        Home Loan Bank Act (12 U.S.C. 1431(h)) is amended by striking 
        ``301(d)'' and inserting ``301''.
            (i) Amendments to the Small Business Act.--
            (1) Powers of the administrator.--Section 5(b)(7) of the 
        Small Business Act (15 U.S.C. 634(b)(7)) is amended by striking 
        the colon and all that follows before the semicolon at the end 
        of the paragraph and inserting the following: ``: Provided, 
        That with respect to deferred participation loans, the 
        Administrator may, in the discretion of and pursuant to 
        regulations promulgated by the Administrator, authorize 
        participating lending institutions to take actions relating to 
        loan servicing on behalf of the Administrator, including 
        determining eligibility and creditworthiness and loan 
        monitoring, collection, and liquidation''.
            (2) Authorization of appropriations.--Section 20(p)(3) of 
        the Small Business Act (15 U.S.C. 631 note) is amended by 
        striking subparagraph (B) and inserting the following:
                    ``(B) $300,000,000 in guarantees of debentures; 
                and''.
            (j) Effective Date.--This section and the amendments made 
by this section shall become effective on the date of enactment of this 
Act.

                               DIVISION E

   TITLE I--CALIFORNIA BAY-DELTA ENVIRONMENTAL ENHANCEMENT AND WATER 
                              SECURITY ACT

SEC. 101. SHORT TITLE.

          This title may be cited as the ``California Bay-Delta 
Environmental Enhancement and Water Security Act.''

SEC. 102. PROGRAM FUNDING.

          (a) Authorization of Appropriations.--For each of the fiscal 
years 1998, 1999 and 2000, there are authorized to be appropriated an 
additional $143,300,000 for both (1) the initial Federal share of the 
cost of developing and implementing that portion of an ecosystem 
protection plan for the Bay-Delta, referred to as ``the Category III 
program'' emanating out of the document entitled ``Principles for 
Agreement on Bay-Delta Standards Between the State of California and 
the Federal Government,'' dated December 15, 1994, and, (2) the initial 
Federal share of the cost of developing and implementing the ecosystem 
restoration elements of the long-term CALFED Bay-Delta Program, 
pursuant to the cost-sharing agreement required by Section 78684.10 of 
California Senate Bill 900, Chapter 135, Statutes of 1996, signed by 
the Governor of California on July 11, 1996. Funds appropriated 
pursuant to this section shall remain available until expended and 
shall be administered in accordance with procedures established by 
CALFED Bay-Delta Program until Congress authorizes another entity that 
is recommended by CALFED Bay-Delta Program to carry out this section.
          (b) Funds authorized to be appropriated pursuant to this 
section to those agencies that are currently or subsequently become 
participants in the CALFED Bay-Delta Program shall be in addition to 
the baseline funding levels established pursuant to section 103 of this 
title, for currently authorized projects and programs under the Central 
Valley Project Improvement Act, Title 34 of Public Law 102-575 and 
other currently authorized Federal programs for the purpose of Bay-
Delta ecosystem protection and restoration.
          (c) Nothing in this title shall be deemed to diminish the 
Federal interest in and responsibility for working with the State of 
California through the CALFED Bay-Delta Program in developing, funding 
and implementing a balanced, long-term solution to the problems of 
ecosystem quality, water quality, water supply and reliability, and 
system vulnerability affecting the San Francisco Bay/Sacramento-San 
Joaquin Delta Watershed in California. Participation in such long-term 
solution shall only be undertaken pursuant to authorization provided by 
law other than this title, and shall be based on the equitable 
allocation of program costs among beneficiary groups that the CALFED 
Bay-Delta programs shall develop.
          (d) To the extent not otherwise authorized, those agencies 
and departments that are currently or subsequently become participants 
in the CALFED Bay-Delta Program are hereby authorized to undertake the 
activities and programs for which Federal cost sharing is provided by 
this section. The United States shall immediately initiate coordinated 
consultations and negotiations with the State of California to 
expeditiously execute the cost-sharing agreement required by Section 
78684.10 of California Senate Bill 900, Chapter 135, Statutes of 1996, 
signed by the Governor of California on July 11, 1996. Such activities 
shall include, but not be limited to, planning, design, technical 
assistance and construction for ecosystem restoration programs and 
projects.

SEC.103. BUDGET CROSSCUT.

          The Office of Management and Budget is directed to submit to 
the House and Senate Committees on Appropriations, as part of the 
President's Fiscal Year 1998 Budget, an interagency budget crosscut 
that displays Federal spending for fiscal years 1993 through 1998 on 
ecosystem restoration and other purposes in the Bay-Delta region, 
separately showing funding provided previously or requested under both 
pre-existing authorities and new authorities granted by this title.

SEC. 104. EFFECTIVE DATE.

          Section 102 of this title shall take effect on the date of 
passage of California State Proposition 204.
          This Act may be cited as the ``Omnibus Consolidated 
Appropriations Act, 1997''

            Passed the House of Representatives September 28, 1996.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.
```