II
105TH CONGRESS
1ST SESSION
H. R. 1469
IN THE SENATE OF THE UNITED STATES
MAY 16, 1997
Received
AN ACT
Making emergency supplemental appropriations for recovery
from natural disasters, and for overseas peacekeeping
efforts, including those in Bosnia, for the fiscal year
ending September 30, 1997, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for re-
covery from natural disasters, and for overseas peacekeep-
ing efforts, including those in Bosnia, for the fiscal year
ending September 30, 1997, and for other purposes,
namely:
TITLE I
EMERGENCY SUPPLEMENTAL APPROPRIATIONS
FOR RECOVERY FROM NATURAL DISASTERS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
FARM SERVICE AGENCY
EMERGENCY CONSERVATION PROGRAM
For an additional amount for ‘‘Emergency Conserva-
tion Program’’ for expenses, including livestock carcass re-
moval, resulting from flooding and other natural disasters,
$65,000,000, to remain available until expended: Pro-
vided, That the entire amount shall be available only to
the extent an official budget request for $65,000,000, that
includes designation of the entire amount of the request
as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress:
Provided further, That the entire amount is designated by
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Congress as an emergency requirement pursuant to sec-
tion 251(b)(2)(D)(i) of such Act.
TREE ASSISTANCE PROGRAM
For assistance to small orchardists to replace or reha-
bilitate trees and vineyards damaged by weather and relat-
ed conditions, $9,000,000, to remain available until ex-
pended: Provided, That the entire amount shall be avail-
able only to the extent an official budget request for
$9,000,000, that includes designation of the entire
amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the
President to the Congress: Provided further, That the en-
tire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of such
Act.
NATURAL RESOURCES CONSERVATION SERVICE
WATERSHED AND FLOOD PREVENTION OPERATIONS
For an additional amount for ‘‘Watershed and Flood
Prevention Operations’’ to repair damages to the water-
ways and watersheds resulting from flooding and other
natural disasters, $150,700,000, to remain available until
expended: Provided, That the entire amount shall be avail-
able only to the extent an official budget request for
$150,700,000, that includes designation of the entire
amount of the request as an emergency requirement as
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defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the
President to the Congress: Provided further, That the en-
tire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of such
Act: Provided further, That if the Secretary determines
that the cost of land and farm structures restoration ex-
ceeds the fair market value of an affected cropland, the
Secretary may use sufficient amounts, not to exceed
$10,000,000, from funds provided under this heading to
accept bids from willing sellers to provide floodplain ease-
ments for such cropland inundated by floods: Provided fur-
ther, That none of the funds provided under this heading
shall be used for the salmon memorandum of understand-
ing.
RURAL HOUSING SERVICE
RURAL HOUSING INSURANCE FUND PROGRAM
Notwithstanding section 520 of the Housing Act of
1949, as amended, (42 U.S.C. 1490) the College Station
area of Pulaski County, Arkansas shall be eligible for
loans and grants available through the Rural Housing
Service.
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FOOD AND CONSUMER SERVICE
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR
WOMEN, INFANTS, AND CHILDREN (WIC)
For an additional amount for the Special Supple-
mental Nutrition Program for Women, Infants, and Chil-
dren (WIC) as authorized by section 17 of the Child Nu-
trition Act of 1966, as amended (42 U.S.C. et seq.),
$38,000,000 (increased by $38,000,000), to remain avail-
able through September 30, 1998: Provided, That the Sec-
retary shall allocate such funds through the existing for-
mula or, notwithstanding sections 17(g), (h), or (i) of such
Act and the regulations promulgated thereunder, such
other means as the Secretary deems necessary.
CHAPTER 2
DEPARTMENT OF COMMERCE
ECONOMIC DEVELOPMENT ADMINISTRATION
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
For an additional amount for ‘‘Economic Develop-
ment Assistance Programs’’ for emergency infrastructure
expenses and the capitalization of revolving loan funds re-
lated to recent flooding and other natural disasters,
$49,700,000, to remain available until expended, of which
not to exceed $2,000,000 may be available for administra-
tive expenses and may be transferred to and merged with
the appropriations for ‘‘Salaries and Expenses’’: Provided,
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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 shall be available only to the ex-
tent 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.
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
INDUSTRIAL TECHNOLOGY SERVICES
Of the amount provided under this heading in Public
Law 104–208 for the Advanced Technology Program, not
to exceed $35,000,000 shall be available for the award of
new grants.
NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION
CONSTRUCTION
For an additional amount for ‘‘Construction’’ for
emergency expenses resulting from flooding and other nat-
ural disasters, $10,800,000, to remain available until ex-
pended: Provided, That the entire amount is designated
by Congress as an emergency requirement pursuant to
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section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
CHAPTER 3
DEPARTMENT OF DEFENSE—CIVIL
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS—CIVIL
FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES,
ARKANSAS, ILLINOIS, KENTUCKY, LOUISIANA, MIS-
SISSIPPI, MISSOURI, AND TENNESSEE
For an additional amount for ‘‘Flood Control, Mis-
sissippi River and Tributaries, Arkansas, Illinois, Ken-
tucky, Louisiana, Mississippi, Missouri, and Tennessee’’
for emergency expenses due to flooding and other natural
disasters, $20,000,000, to remain available until ex-
pended: 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.
OPERATION AND MAINTENANCE, GENERAL
For an additional amount for ‘‘Operation and Main-
tenance, General’’ for emergency expenses due to flooding
and other natural disasters, $150,000,000, to remain
available until expended: Provided, That of the total
amount appropriated, the amount for eligible navigation
projects which may be derived from the Harbor Mainte-
nance Trust Fund pursuant to Public Law 99–662, shall
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be derived from that fund: Provided further, That the en-
tire 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.
FLOOD CONTROL AND COASTAL EMERGENCIES
For an additional amount for ‘‘Flood Control and
Coastal Emergencies’’ due to flooding and other natural
disasters, $415,000,000, to remain available until ex-
pended: Provided, That the entire amount is designated
by Congress as an emergency requirement pursuant to
section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
OPERATION AND MAINTENANCE
For an additional amount for ‘‘Operation and Main-
tenance’’, $7,355,000, to remain available until expended,
to repair damage caused by floods and other natural disas-
ters: Provided, That of the total appropriated, the amount
for program activities that can be financed by the Rec-
lamation Fund shall be derived from that fund: 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.
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GENERAL PROVISIONS, CHAPTER 3
SEC. 301. Beginning in fiscal year 1997 and there-
after, the United States members and the alternate mem-
bers appointed under the Susquehanna River Basin Com-
pact (Public Law 91–575), and the Delaware River Basin
Compact (Public Law 87–328), shall be officers of the
U.S. Army Corps of Engineers, who hold Presidential ap-
pointments as Regular Army officers with Senate con-
firmation, and who shall serve without additional com-
pensation.
SEC. 302. Section 2.2 of Public Law 87–328 (75
Stat. 688, 691) is amended by striking the words ‘‘during
the term of office of the President’’ and inserting the
words ‘‘at the pleasure of the President’’.
CHAPTER 4
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
CONSTRUCTION
For an additional amount for construction to repair
damage caused by floods and other natural disasters,
$4,796,000, to remain available until expended, of which
$3,003,000 is to be derived by transfer from unobligated
balances of funds, under the heading ‘‘Oregon and Califor-
nia Grant Lands’’, made available as supplemental appro-
priations in Public Law 104–134: Provided, That the en-
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tire 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.
OREGON AND CALIFORNIA GRANT LANDS
For an additional amount for Oregon and California
grant lands to repair damage caused by floods and other
natural disasters, $2,694,000, to remain available until ex-
pended and to be derived by transfer from unobligated bal-
ances of funds, under the heading ‘‘Oregon and California
Grant Lands’’, made available as supplemental appropria-
tions in Public Law 104–134: Provided, That the entire
amount is designated by Congress as an emergency re-
quirement pursuant to section 251(b)(2)(D)(i) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended.
UNITED STATES FISH AND WILDLIFE SERVICE
RESOURCE MANAGEMENT
For an additional amount for resource management,
$2,250,000, to remain available until September 30, 1998,
for technical assistance and fish replacement made nec-
essary by floods and other natural disasters: Provided,
That the entire amount is designated by Congress as an
emergency 
requirement 
pursuant 
to 
section
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251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
CONSTRUCTION
For 
an 
additional 
amount 
for 
construction,
$81,000,000, to remain available until expended, to repair
damage caused by floods and other natural disasters: Pro-
vided, 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.
LAND ACQUISITION
For an additional amount for land acquisition,
$15,000,000, to remain available until expended, for the
cost-effective emergency acquisition of land and water
rights necessitated by floods and other natural disasters:
Provided, That the entire amount is designated by Con-
gress 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 PARK SERVICE
CONSTRUCTION
For an additional amount for construction for emer-
gency expenses resulting from flooding and other natural
disasters, $186,912,000, to remain available until ex-
pended: Provided, That the entire amount is designated
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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: Pro-
vided further, That of this amount, $30,000,000 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 such Act, is transmitted by the President
to Congress, and upon certification by the Secretary of
the Interior to the President that a specific amount of
such funds is required for (1) repair or replacement of
concession use facilities at Yosemite National Park if the
Secretary determines, after consulting with the Director
of the Office of Management and Budget, that the repair
or replacement of those facilities cannot be postponed until
completion of an agreement with the Yosemite Conces-
sions Services Corporation or any responsible third party
to satisfy its repair or replacement obligations for the fa-
cilities, or (2) the Federal portion, if any, of the costs of
repair or replacement of such concession use facilities:
Provided further, That nothing herein should be construed
as impairing in any way the rights of the United States
against the Yosemite Concession Services Corporation or
any other party or as relieving the Corporation or any
other party of its obligations to the United States: Pro-
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UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
For an additional amount for surveys, investigations,
and research, $4,290,000, to remain available until Sep-
tember 30, 1998, to repair or replace damaged equipment
and facilities caused by floods and other natural disasters:
Provided, That the entire amount is designated by Con-
gress 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 INDIAN AFFAIRS
OPERATION OF INDIAN PROGRAMS
For an additional amount for operation of Indian
programs, $11,100,000, to remain available until Septem-
ber 30, 1998, for emergency response activities, including
emergency school operations, heating costs, emergency
welfare assistance, and to repair and replace facilities and
resources damaged by snow, floods, and other natural dis-
asters: Provided, That the entire amount is designated by
Congress as an emergency requirement pursuant to sec-
tion 251(b)(2)(D)(i) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended.
CONSTRUCTION
For 
an 
additional 
amount 
for 
construction,
$5,554,000, to remain available until expended, to make
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repairs caused by floods and other natural disasters: Pro-
vided, That the entire amount is designated by Congress
as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
NATIONAL FOREST SYSTEM
For an additional amount for National forest system
for emergency expenses resulting from flooding and other
natural disasters, $37,107,000, 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.
RECONSTRUCTION AND CONSTRUCTION
For an additional amount for reconstruction and con-
struction for emergency expenses resulting from flooding
and other natural disasters, $32,334,000, to remain avail-
able until expended: Provided, That the entire amount is
designated by Congress as an emergency requirement pur-
suant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
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DEPARTMENT OF HEALTH AND HUMAN
SERVICES
INDIAN HEALTH SERVICE
INDIAN HEALTH SERVICES
For an additional amount for Indian health services
for emergency expenses resulting from flooding and other
natural disasters, $1,000,000, to remain available until ex-
pended: 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.
INDIAN HEALTH FACILITIES
For an additional amount for Indian health facilities
for emergency expenses resulting from flooding and other
natural disasters, $2,000,000, to remain available until ex-
pended: 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 PROVISION, CHAPTER 4
SEC. 401. Section 101(c) of Public Law 104–134 is
amended as follows: Under the heading ‘‘Title III—Gen-
eral Provisions’’ amend sections 315(c)(1)(A) and
315(c)(1)(B) by striking in each of those sections ‘‘104
percent’’ and inserting in lieu thereof ‘‘100 percent’’; by
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striking in each of those sections ‘‘1995’’ and inserting
in lieu thereof ‘‘1994’’; and by striking in each of those
sections ‘‘and thereafter annually adjusted upward by 4
percent,’’.
SAN CARLOS APACHE TRIBE WATER RIGHTS SETTLEMENT
SEC. 402. (a) EXTENSION.—Section 3711(b)(1) of
the San Carlos Apache Tribe Water Rights Settlement Act
of 1992 (106 Stat. 4752) is amended by striking ‘‘June
30, 1997’’ and inserting ‘‘March 31, 1999’’.
(b) EXTENSION FOR RIVER SYSTEM GENERAL ADJU-
DICATION.—Section 3711 of such Act is amended by add-
ing at the end the following new subsection:
‘‘(c) EXTENSION FOR RIVER SYSTEM GENERAL AD-
JUDICATION.—If, at any time prior to March 31, 1999,
the Secretary notifies the Committee on Indian Affairs of
the United States Senate or the Committee on Resources
in the United States House of Representatives that the
Settlement Agreement, as executed by the Secretary, has
been submitted to the Superior Court of the State of Ari-
zona in and for Maricopa County for consideration and
approval as part of the General Adjudication of the Gila
River System and Source, the March 31, 1999, referred
to in subsection (b)(1) shall be deemed to be changed to
December 31, 1999.’’.
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(c) COUNTIES.—Section 3706(b)(3) of such Act is
amended by inserting ‘‘Gila, Graham, Greenlee,’’ after
‘‘Maricopa,’’.
(d) PARTIES TO AGREEMENT.—Section 3703(2) of
such Act is amended by adding at the end the following
new sentence: ‘‘The Gila Valley Irrigation District and the
Franklin Irrigation District shall be added as parties to
the Agreement, but only so long as none of the aforemen-
tioned parties objects to adding the Gila Valley Irrigation
and/or the Franklin Irrigation District as parties to the
Agreement.’’.
(e) CONDITIONS.—Section 3711 of such Act, as
amended by subsection (b) of this Act, is further amended
by adding at the end the following new subsections:
‘‘(d) CONDITIONS.—(1) IN GENERAL.—The June 30,
1997, deadline has been extended based on the following
conditions. The provisions and agreements set forth or re-
ferred to in paragraph (2), (3), and (4) below shall be
enforceable against the United States, and the conditions
and agreements set forth or referred to in paragraphs (3)
and (4) shall be enforceable against the Tribe, in United
States District Court, and the immunity of the United
States and the Tribe for such purposes is hereby waived.
‘‘(2) INTERIM PERIOD.—Prior to March 31, 1999, or
the execution of a final Agreement under paragraph (3)
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below, whichever comes first, the following conditions shall
apply:
‘‘(A) As of July 23, 1997, Phelps Dodge shall
vacate the reservation and no longer rely upon per-
mit #2000089, dated July 25, 1944, except as pro-
vided in subparagraph (F) and the Tribe will stay
any further prosecution of any claims or suits filed
by the Tribe in any court with respect to the Black
River facilities or the flowage of water on Eagle
Creek. The United States, with the permission of the
Tribe, shall enter and operate the Black River pump
station, outbuildings, the pipeline, related facilities,
and certain caretaker quarters (hereinafter referred
to collectively as the ‘Black River facilities’).
‘‘(B) As of July 23, 1997, the United States,
through the Bureau of Reclamation, shall operate
and maintain the Black River facilities. The United
States and Phelps Dodge shall enter into a contract
for delivery of water pursuant to subparagraph (C),
below. Water for delivery to Phelps Dodge from the
Black River shall not exceed an annual average of
40 acre feet per day, or 14,000 acre feet per year.
All diversions from Black River to Phelps Dodge
shall be junior to the Tribe’s right to divert and use
of 7300 acre feet per year for the San Carlos
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Apache Tribe, and no such diversion for Phelps
Dodge shall cause the flow of Black River to fall
below 20 cubic feet per second. The United States
shall account for the costs for operating and main-
taining the Black River facilities, and Phelps Dodge
shall reimburse the United States for such costs.
Phelps Dodge shall pay to the United States, for de-
livery to the Tribe, the sum of $20,000 per month,
with an annual CPI adjustment, for purposes of
compensating the Tribe for United States use and
occupancy of the Black River facilities. Phelps
Dodge shall cooperate with the United States in ef-
fectuating an orderly transfer of the operations of
the Black River facilities from Phelps Dodge to the
United States.
‘‘(C) Notwithstanding any other provision of
law, that contract referred to in subparagraph (B)
between the United States and Phelps Dodge provid-
ing for the diversion of water from the Black River
into the Black River facilities, and the delivery of
such water to Phelps Dodge at that location where
the channel of Eagle Creek last exits the reservation
for use in the Morenci mine complex and the towns
of Clifton and Morenci and at no other location is
ratified and confirmed. The United States/Phelps
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Dodge contract shall have no bearing on potential
claims by the United States, Phelps Dodge or the
Tribe regarding any aspect of the Black River facili-
ties in the event that a final agreement is not
reached among the parties under paragraph (3)
below.
‘‘(D) The power line right-of-way over the
Tribe’s Reservation which currently is held by
Phelps Dodge shall remain in place. During the in-
terim period, Phelps Dodge shall provide power to
the United States for operation of the pump station
and related facilities without charge, and Phelps
Dodge shall pay a monthly right-of-way fee to the
Tribe of $5000 per month, with an annual CPI ad-
justment.
‘‘(E) Any questions regarding the water claims
associated with Phelps Dodge’s use of the Eagle
Creek wellfield, its diversions of surface water from
Eagle Creek, the San Francisco River, Chase Creek,
and/or its use of other water supplies are not ad-
dressed in this title. No provision in this subsection
shall affect or be construed to affect any claims by
the Tribe, the United States, or Phelps Dodge to
groundwater or surface water.
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‘‘(F) If a final agreement is not reached by
March 31, 1999, the terms set forth in subpara-
graphs (A) through (E) shall no longer apply. Under
such circumstances, the occupancy of the Black
River facilities shall revert to Phelps Dodge on
March 31, 1999, and the Tribe and/or Phelps Dodge
shall be free to prosecute litigation regarding the va-
lidity of Phelps Dodge use of the Black River facili-
ties. In any such event, the Tribe, the United States,
and Phelps Dodge shall have the same rights with
respect to the Black River facilities as each had
prior to the enactment of this subsection and noth-
ing in this subsection shall be construed as altering
or affecting such rights nor shall anything herein be
admissible or otherwise relevant for the purpose of
determining any of their respective rights.
‘‘(3) FINAL
AGREEMENT.—The United States,
Phelps Dodge, and the Tribe intend to enter into a Final
Agreement on or before March 31, 1999, which Agreement
shall include the following terms:
‘‘(A) The United States shall hold the Black
River facilities in trust for the Tribe, without cost to
the Tribe or the United States.
‘‘(B) Responsibility for operation of the Black
River facilities shall be transferred from the United
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States to the Tribe. The United States shall train
Tribal members during the Interim Period, and the
responsibility to operate the Black River facilities
shall be transferred upon satisfaction of two condi-
tions: (i) entry of the Final Agreement described in
this subsection; and (ii) a finding by the United
States that the Tribe has completed necessary train-
ing and is qualified to operate the Black River facili-
ties.
‘‘(C) Power lines currently operated by Phelps
Dodge on the Tribe’s Reservation, and the right of
way associated with such power lines, shall be sur-
rendered by Phelps Dodge to the Tribe, without cost
to the Tribe. Concurrently with the transfer of the
power lines and the right of way, Phelps Dodge shall
construct a switch station at the boundary of the
reservation at which the Tribe may switch power on
or off and shall deliver ownership and control of
such switch station to the Tribe. Subsequent to the
transfer of the power lines and the right of way and
the delivery of ownership and control of the switch
station to the Tribe, Phelps Dodge shall have no fur-
ther obligation or liability of any nature with respect
to the ownership, operation or maintenance of the
power lines, the right of way or the switch station.
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‘‘(D) The Tribe and Phelps Dodge intend to
enter into a contract covering the lease and delivery
of CAP water from the Tribe to Phelps Dodge on
the terms recommended by the United States, the
trustee for the Tribe. Water for delivery to Phelps
Dodge from the Black River shall not exceed an an-
nual average of 40 acre feet per day, or 14,000 acre
feet per year. All diversions from Black River to
Phelps Dodge shall be junior to the Tribe’s right to
divert and use of 7300 acre feet per year for the
San Carlos Apache Tribe, and no such diversions for
Phelps Dodge shall cause the flow of Black River to
fall below 20 cubic feet per second. It is intended
that the water subject to the contract shall be CAP
water that is controlled by the Tribe. The Tribe and/
or the United States intend to enter into an ex-
change agreement with the Salt River Project which
will deliver CAP water to the Salt River Project in
return for the diversion of water from the Black
River into the Black River facilities. The lease and
delivery contract between Phelps Dodge and the
Tribe is intended to be based on a long-term lease
of CAP water at prevailing market rates for munici-
pal and industrial uses of CAP water. The parties
will discuss the potential imposition of capital costs
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as part of the contract. It is intended that the con-
tract price shall include operation, maintenance and
replacement (OM&R) charges associated with the
leased CAP water, and it is intended that the con-
tract will take into account reasonable charges asso-
ciated with the Tribe’s operations and maintenance
of the Black River facilities, and a credit for power
provided for such facilities. It is intended that the
water delivered under this contract will be utilized in
the Morenci mine complex and the towns of Clifton
and Morenci, and for no other purpose.
‘‘(E) Any questions regarding the water claims
associated with Phelps Dodge’s use of the Eagle
Creek wellfield, its diversions of surface water from
lower Eagle Creek, the San Francisco River, Chase
Creek, and/or its use of other groundwater supplies
are not addressed by this title. No provision in this
subsection shall affect or be construed to affect any
claims by the Tribe, the United States, or Phelps
Dodge to groundwater or surface water.
‘‘(4) EAGLE CREEK.—From the effective date of this
subsection, the Tribe covenants not to impede, restrict, or
sue the United States regarding, the passage of water
from the Black River facilities into those portions of the
channels of Willow Creek and Eagle Creek which flow
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through the Tribe’s lands. The Tribe covenants not to im-
pede, restrict, or sue Phelps Dodge regarding, the passage
of historic maximum flows, less transportation losses, from
the existing Phelps Dodge Upper Eagle Creek Wellfield,
except that (i) Phelps Dodge shall pay to the United
States, for delivery to the Tribe, $5000 per month, with
an annual CPI adjustment, to account the passage of such
flows; and (ii) the Tribe and the United States reserve
the right to challenge Phelps Dodge’s claims regarding the
pumping of groundwater from the upper Eagle Creek
wellfield, in accordance with paragraphs (2)(E) and (3)(E)
above. Nothing in this subsection shall affect or be con-
strued to affect the rights of the United States, the Tribe,
or Phelps Dodge to flow water in the channel of Eagle
Creek in the absence of this subsection.
‘‘(5) RELATIONSHIP TO SETTLEMENT.—In the event
that Phelps Dodge and the Tribe execute a Final Agree-
ment pursuant to paragraph (3) on or before March 3,
1999—
‘‘(A) effective on the date of execution of such
Final Agreement, the term ‘Agreement’, as defined
by section 3703(2), shall not include Phelps Dodge;
and
‘‘(B) section 3706(j) shall have no effect.’’.
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(f) REPEAL.—Subsection (f) of section 3705 of such
Act is hereby repealed.
(g) TECHNICAL AMENDMENT.—Section 3702(a)(3) is
amended by striking ‘‘qualification’’ and inserting ‘‘quan-
tification’’.
CHAPTER 5
DEPARTMENT OF TRANSPORTATION
COAST GUARD
RETIRED PAY
For an additional amount for ‘‘Retired Pay’’,
$4,200,000.
FEDERAL AVIATION ADMINISTRATION
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)
For additional necessary expenses for ‘‘Facilities and
Equipment’’, $40,000,000, to be derived from the Airport
and Airway Trust Fund and to remain available until ex-
pended: Provided, That these funds shall only be available
for non-competitive contracts or cooperative agreements
with air carriers and airport authorities, which provide for
the Federal Aviation Administration to purchase and as-
sist in installation of advanced security equipment for the
use of such entities.
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FEDERAL HIGHWAY ADMINISTRATION
FEDERAL-AID HIGHWAYS
EMERGENCY RELIEF PROGRAM
(HIGHWAY TRUST FUND)
For an additional amount for the Emergency Relief
Program for emergency expenses resulting from flooding
and other natural disasters, as authorized by 23 U.S.C.
125, $650,000,000, to be derived from the Highway Trust
Fund and to remain available until expended, of which
$374,000,000 shall be available only to the extent an offi-
cial budget request for a specific dollar amount, that in-
cludes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress:
Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to sec-
tion 251(b)(2)(D)(i) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended: Provided
further, That 23 U.S.C. 125(b)(1) shall not apply to
projects resulting from the December 1996 and January
1997 flooding in the western States: Provided further,
That notwithstanding any other provision of law, a project
to repair or reconstruct any portion of a Federal-aid pri-
mary route in San Mateo County, California, which was
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destroyed as a result of a combination of storms in the
winter of 1982–1983 and a mountain slide which, until
its destruction, had served as the only reasonable access
between two cities and as the designated emergency evacu-
ation route of one such cities shall be eligible for assist-
ance under this head.
FEDERAL-AID HIGHWAYS
(HIGHWAY TRUST FUND)
The limitation under this heading in Public Law
104–205 is increased by $318,077,043: Provided, That
notwithstanding any other provision of law, such addi-
tional authority shall be distributed to ensure that States
receive amounts that they would have received had the
Highway Trust Fund fiscal year 1995 income statement
not been revised on December 24, 1996.
FEDERAL RAILROAD ADMINISTRATION
EMERGENCY RAILROAD REHABILITATION AND REPAIR
For necessary expenses to repair and rebuild freight
rail lines of regional and short line railroads damaged as
a result of the floods in the northern plains States in the
spring of 1997, $10,000,000, to be awarded subject to the
discretion of the Secretary on a case-by-case basis: Pro-
vided, That funds provided under this head shall be avail-
able for rehabilitation of railroad rights-of-way which are
part of the general railroad system of transportation, and
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primarily used by railroads to move freight traffic: Pro-
vided further, That railroad rights-of-way owned by class
I railroads, passenger railroads, or by tourist, scenic, or
historic railroads are not eligible for funding under this
section: Provided further, That these funds shall be avail-
able only to the extent an official budget request, for a
specific dollar amount, that includes designation of the en-
tire 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: 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 all funds made available
under this head are to remain available until September
30, 1997.
RELATED AGENCY
NATIONAL TRANSPORTATION SAFETY BOARD
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’, for emergency expenses resulting from the crash-
es of TWA Flight 800 and ValuJet 592, and for assistance
to families of victims of aviation accidents as authorized
by Public Law 105–265, $23,300,000, of which
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$4,877,000 shall remain available until expended: Pro-
vided, That these funds shall be available only to the ex-
tent 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:
Provided further, That the entire amount is designated by
Congress as an emergency requirement pursuant to sec-
tion 251(b)(2)(D)(i) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended: Provided
further, That notwithstanding any other provision of law,
up to $10,330,000 shall be provided by the National
Transportation Safety Board to the Department of the
Navy as reimbursement for costs incurred in connection
with recovery of wreckage from TWA Flight 800 and shall
be credited to the appropriation contained in the Omnibus
Consolidated Appropriations Act, 1997, which is available
for the same purpose as the appropriation originally
charged for the expense for which the reimbursements are
received, to be merged with, and to be available for the
same purpose as the appropriation to which such reim-
bursements are credited: Provided further, That notwith-
standing any other provision of law, of the amount pro-
vided $3,100,000 shall be made available to Metropolitan
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Dade County, Florida as reimbursement for costs incurred
in connection with the crash of ValuJet Flight 592: Pro-
vided further, That, notwithstanding any other provision
of law, of the unobligated balances under this heading
from amounts made available in this or any other Act for
fiscal year 1997 or any prior fiscal year, $300,000 shall
be made available to Monroe County, Michigan, as reim-
bursement for costs incurred in connection with the crash
of Comair Flight 3272.
GENERAL PROVISIONS, CHAPTER 5
SEC. 501. In title I of Public Law 104–205, under
the heading ‘‘Federal Transit Administration, Discre-
tionary Grants’’, strike ‘‘$661,000,000 for the DeKalb
County, Georgia light rail project;’’ and insert ‘‘$661,000
for the DeKalb County, Georgia light rail project;’’.
SEC. 502. In section 325 of title III of Public Law
104–205, strike ‘‘That in addition to amounts otherwise
provided in this Act, not to exceed $3,100,000 in expenses
of the Bureau of Transportation Statistics necessary to
conduct activities related to airline statistics may be in-
curred, but only to the extent such expenses are offset by
user fees charged for those activities and credited as off-
setting collections.’’.
SEC. 503. Section 410(j) of title 23, United States
Code, is amended by striking the period after ‘‘1997’’ and
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inserting ‘‘, and an additional $500,000 for fiscal year
1997.’’.
SEC. 504. Section 30308(a) of title 49, United States
Code, is amended by striking ‘‘and 1996’’ and inserting
‘‘, 1996, and 1997’’.
CHAPTER 6
UNITED STATES POSTAL SERVICE
PAYMENTS TO THE POSTAL SERVICE
PAYMENT TO THE POSTAL SERVICE FUND
For an additional amount for the Postal Service
Fund for revenue foregone on free and reduced rate mail,
$5,300,000.
COUNTER-TERRORISM AND DRUG LAW
ENFORCEMENT
DEPARTMENT OF THE TREASURY
UNITED STATES CUSTOMS SERVICE
SALARIES AND EXPENSES
Of the funds made available under this heading in
Public Law 104–208, $16,000,000 shall be available until
September 30, 1998 to develop further the Automated
Targeting System.
GENERAL PROVISION, CHAPTER 6
SEC. 601. CLARIFYING CONGRESSIONAL INTENT RE-
SPECTING PROCUREMENT
OF DISTINCTIVE CURRENCY
PAPER.—In fiscal year 1997 and thereafter—
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(1) for the purposes of section 622(a) of Public
Law 100–202, a corporation or other entity shall be
not deemed to be owned or controlled by persons not
citizens of the United States, if—
(A) that corporation or entity is created
under the laws of the United States or any one
of its States or other territories and posses-
sions; and
(B) more than 50 percent of that corpora-
tion or entity is held by United States citizens;
and
(2) the Secretary of the Treasury shall use the
authority provided under Federal Acquisition Regu-
lation, Part 45.302.1(c) and Part 45.302.1(a)(4) to
induce competition, to a level the Secretary deter-
mines is appropriate, among those desiring to pro-
vide distinctive currency paper to the United States.
CHAPTER 7
DEPARTMENT OF VETERANS AFFAIRS
VETERANS BENEFITS ADMINISTRATION
COMPENSATION AND PENSIONS
For an additional amount for ‘‘Compensation and
pensions’’, $753,000,000, to remain available until ex-
pended.
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DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
HOUSING PROGRAMS
PRESERVING EXISTING HOUSING INVESTMENT
For an additional amount for ‘‘Preserving existing
housing investment’’, to be made available for use in con-
junction with properties that are eligible for assistance
under the Low-Income Housing Preservation and Resi-
dent Homeownership Act of 1990 or the Emergency Low
Income Housing Preservation Act of 1987, $3,500,000,
to remain available until expended: Provided, That up to
such amount shall be for a project in Syracuse, New York,
the processing for which was suspended, deferred or inter-
rupted for a period of nine months or more because of
differing interpretations, by the Secretary of Housing and
Urban Development and an owner, concerning the timing
of the ability of an uninsured section 236 property to pre-
pay, or by the Secretary and a State rent regulatory agen-
cy concerning the effect of a presumptively applicable
State rent control law or regulation on the determination
of preservation value under section 213 of such Act, if the
owner of such project filed a notice of intent to extend
the low-income affordability restrictions of the housing on
or before August 23, 1993, and the Secretary approved
the plan of action on or before July 25, 1996.
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DRUG ELIMINATION GRANTS FOR LOW-INCOME
HOUSING
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Drug Elimination
Grants for Low-Income Housing’’ for activities authorized
under 42 U.S.C. 11921–25, $30,200,000, to remain avail-
able until expended, and to be derived by transfer from
the Homeownership and Opportunity for People Every-
where Grants account.
COMMUNITY PLANNING AND DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANTS FUND
For an additional amount for ‘‘Community develop-
ment block grants fund’’ as authorized under title I of the
Housing and Community Development Act of 1974,
$500,000,000, to remain available until September 30,
2000, for use only for buy-outs, relocation, long-term re-
covery, and mitigation in communities affected by the
flooding in the upper Midwest and other disasters in fiscal
year 1997 and such natural disasters designated 30 days
prior to the start of fiscal year 1997: Provided, That in
administering these amounts, the Secretary may waive, or
specify alternative requirements for, any provision of any
statute or regulation that the Secretary administers in
connection with the obligation by the Secretary or the use
by the recipient of these funds, except for statutory re-
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quirements related to civil rights, fair housing and non-
discrimination, the environment, and labor standards,
upon a finding that such waiver is required to facilitate
the use of such funds, and would not be inconsistent with
the overall purpose of the statute: Provided further, That
the Secretary of Housing and Urban Development shall
publish a notice in the Federal Register governing the use
of community development block grant funds in conjunc-
tion with any program administered by the Director of the
Federal Emergency Management Agency for buyouts for
structures in disaster areas: Provided further, That for any
funds under this head used for buyouts in conjunction
with any program administered by the Director of the
Federal Emergency Management Agency, each State or
unit of general local government requesting funds from the
Secretary of Housing and Urban Development for buyouts
shall submit a plan to the Secretary which must be ap-
proved by the Secretary as consistent with the require-
ments of this program: Provided further, That the Sec-
retary of Housing and Urban Development and the Direc-
tor of the Federal Emergency Management Agency shall
submit quarterly reports to the House and Senate Com-
mittees on Appropriations on all disbursement and use of
funds for or associated with buyouts: Provided further,
That, hereafter, for any amounts made available under
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this head and for any amounts made available for any fis-
cal year under title I of the Housing and Community De-
velopment Act of 1974 that are used in communities af-
fected by the flooding and disasters referred to in this
head for activities to address the damage resulting from
such flooding and disasters, the Secretary of Housing and
Urban Development shall waive the requirement under
such title that the activities benefit persons of low- and
moderate-income and the requirements that grantees and
units of general local government hold public hearings:
Provided further, That, hereafter, for any amounts made
available for any fiscal year under the HOME Investment
Partnerships Act that are used in communities affected
by the flooding and disasters referred to in this head to
assist housing used as temporary housing for families af-
fected by such flooding and disasters, the Secretary of
Housing and Urban Development shall waive (during the
period, and to the extent, that such housing is used for
such temporary housing) the requirements that the hous-
ing meet the income targeting requirements under section
214 of such Act, the requirements that the housing qualify
as affordable housing under section 215 of such Act, and
the requirements for documentation regarding family in-
come and housing status and shall permit families to self-
certify such information: Provided further, That the Sec-
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retary of Housing and Urban Development may make a
grant from the amount provided under this head to restore
electrical and natural gas service to areas damaged by the
flooding and natural disasters: Provided further, That the
entire amount made available under this head is des-
ignated by the 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
ENVIRONMENTAL PROTECTION AGENCY
BUILDINGS AND FACILITIES
From the amounts appropriated under this heading
in prior appropriation Acts for the Center for Ecology Re-
search and Training (CERT), the Environmental Protec-
tion Agency (EPA) shall, after the closing of the period
for filing CERT-related claims pursuant to the Uniform
Relocation Assistance and Real Property Acquisition Poli-
cies Act of 1970 (42 U.S.C. 4601 et seq.), obligate the
maximum amount of funds necessary to settle all out-
standing CERT-related claims against the EPA pursuant
to such Act. To the extent that unobligated balances then
remain from such amounts previously appropriated, the
EPA is authorized beginning in fiscal year 1997 to make
grants to the City of Bay City, Michigan, for the purpose
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of EPA-approved environmental remediation and rehabili-
tation of publicly owned real property included in the
boundaries of the CERT project.
FEDERAL EMERGENCY MANAGEMENT AGENCY
DISASTER RELIEF
For an additional amount for ‘‘Disaster Relief ’’,
$3,567,677,000 (reduced by $500,000,000) to remain
available until expended: Provided, That $2,387,677,000
shall become available for obligation on September 30,
1997: Provided further, That the entire amount is des-
ignated by Congress as an emergency requirement pursu-
ant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’, $5,000,000.
NATIONAL FLOOD INSURANCE FUND
In the case only of new contracts for flood insurance
coverage under the National Flood Insurance Act of 1968
entered into during the period beginning on January 1,
1997, and ending on June 30, 1997, and any modifica-
tions to coverage under existing contracts made during
such period, section 1306(c)(1) of such Act (42 U.S.C.
4013(c)(1)) shall be applied by substituting ‘‘15-day pe-
riod’’ for ‘‘30-day period’’.
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CHAPTER 8
OFFSETS AND RESCISSIONS
DEPARTMENT OF AGRICULTURE
OFFICE OF THE SECRETARY
FUND FOR RURAL AMERICA
Of the funds provided on January 1, 1997 for section
793 of Public Law 104–127, Fund for Rural America, not
more than $80,000,000 shall be available: Provided, That
in addition to activities described in subsections (c)(1) and
(c)(2) of section 793, the Secretary may use these funds
for the Special Supplemental Nutrition Program for
Women, Infants, and Children (WIC).
NATURAL RESOURCES CONSERVATION SERVICE
WETLANDS RESERVE PROGRAM
Of the funds made available in Public Law 104–37
for the Wetlands Reserve Program, $19,000,000 may not
be obligated: Provided, That none of the funds made avail-
able in Public Law 104–37 for this account may be obli-
gated after September 30, 1997.
FOOD AND CONSUMER SERVICE
THE EMERGENCY FOOD ASSISTANCE PROGRAM
Notwithstanding section 27(a) of the Food Stamp
Act, the amount specified for allocation under such section
for fiscal year 1997 shall be $80,000,000.
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FOREIGN AGRICULTURAL SERVICE
EXPORT CREDIT
None of the funds made available in the Agriculture,
Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 1997, Public Law
104–180, may be used to pay the salaries and expenses
of personnel to carry out a combined program for export
credit guarantees, supplier credit guarantees, and emerg-
ing democracies facilities guarantees at a level which ex-
ceeds $3,500,000,000.
EXPORT ENHANCEMENT PROGRAM
None of the funds appropriated or otherwise made
available in Public Law 104–180 shall be used to pay the
salaries and expenses of personnel to carry out an export
enhancement program if the aggregate amount of funds
and/or 
commodities 
under 
such 
program 
exceeds
$10,000,000.
DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
WORKING CAPITAL FUND
(RESCISSION)
Of the unobligated balances available under this
heading, $6,400,000 are rescinded.
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LEGAL ACTIVITIES
ASSETS FORFEITURE FUND
(RESCISSION)
Of the amounts made available to the Attorney Gen-
eral on October 1, 1996, from surplus balances declared
in prior years pursuant to 28 U.S.C. 524(c), authority to
obligate $3,000,000 of such funds in fiscal year 1997 is
rescinded.
IMMIGRATION AND NATURALIZATION SERVICE
CONSTRUCTION
(RESCISSION)
Of the unobligated balances under this heading from
amounts made available in Public Law 103–317,
$1,000,000 are rescinded.
DEPARTMENT OF COMMERCE
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
INDUSTRIAL TECHNOLOGY SERVICES
(RESCISSION)
Of the unobligated balances available under this
heading 
for 
the 
Advanced 
Technology 
Program,
$7,000,000 are rescinded.
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NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION
FLEET MODERNIZATION, SHIPBUILDING AND
CONVERSION
(RESCISSION)
Of the unobligated balances available under this
heading, $2,000,000 are rescinded.
RELATED AGENCIES
FEDERAL COMMUNICATIONS COMMISSION
SALARIES AND EXPENSES
(RESCISSION)
Of the unobligated balances available under this
heading, $1,000,000 are rescinded.
OUNCE OF PREVENTION COUNCIL
(RESCISSION)
Of the amounts made available under this heading
in Public Law 104–208, $1,000,000 are rescinded.
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
ENERGY SUPPLY, RESEARCH AND DEVELOPMENT
ACTIVITIES
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–206 and prior years’ Energy and Water
Development Appropriations Acts, $22,532,000 are re-
scinded.
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DEPARTMENT OF ENERGY
CLEAN COAL TECHNOLOGY
(RESCISSION)
Of the funds made available under this heading for
obligation in fiscal year 1997 or prior years, $17,000,000
are rescinded: Provided, That funds made available in pre-
vious appropriations Acts shall be available for any ongo-
ing project regardless of the separate request for proposal
under which the project was selected.
STRATEGIC PETROLEUM RESERVE
(RESCISSION)
Of the funds made available under this heading in
previous appropriations Acts, $11,000,000 are rescinded.
GENERAL SERVICES ADMINISTRATION
FEDERAL BUILDINGS FUND
(LIMITATIONS ON AVAILABILITY OF REVENUE)
(RESCISSION)
Of the funds made available under this heading for
‘‘Repairs and Alterations, Basic Repairs and Alterations,’’
in Public Law 104–208, $1,400,000 is rescinded: Pro-
vided, That these funds shall be reduced from the amounts
made available for the renovation of the Agricultural Re-
search Service Laboratory in Ames, Iowa.
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EXPENSES, PRESIDENTIAL TRANSITION
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–208, $5,600,000 are rescinded.
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
HOUSING PROGRAMS
ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING
(RESCISSION)
Of the amounts recaptured under this heading during
fiscal year 1997 and prior years, with the exception of the
recaptures specified in section 214 of Public Law 104–
204, $3,823,440,000 are rescinded: Provided, That of this
amount, the Secretary of Housing and Urban Develop-
ment shall recapture $3,573,440,000 in amounts here-
tofore made available to housing agencies for tenant-based
assistance under the section 8 existing housing certificate
and housing voucher programs (42 U.S.C. 1437f and
1437f(o) respectively): Provided further, That the fore-
going recaptures shall be from amounts in the annual con-
tributions contract (ACC) reserve accounts established
and maintained by HUD.
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INDEPENDENT AGENCIES
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
NATIONAL AERONAUTICAL FACILITIES
(RESCISSION)
Of the funds made available under this heading in
the Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appro-
priations Act, 1995 (Public Law 103–327), $38,000,000
is rescinded.
COMMISSION ON THE ADVANCEMENT OF FEDERAL LAW
ENFORCEMENT
For an additional amount for the operations of the
Commission on the Advancement of Federal Law Enforce-
ment, $2,000,000, to remain available until expended.
TITLE II
EMERGENCY SUPPLEMENTAL APPROPRIATIONS
FOR PEACEKEEPING
CHAPTER 1
DEPARTMENT OF DEFENSE—MILITARY
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For an additional amount for ‘‘Military Personnel,
Army’’, $306,800,000: Provided, That such amount is des-
ignated by Congress as an emergency requirement pursu-
ant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
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MILITARY PERSONNEL, NAVY
For an additional amount for ‘‘Military Personnel,
Navy’’, $7,900,000: Provided, That such amount is des-
ignated by Congress as an emergency requirement pursu-
ant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
MILITARY PERSONNEL, MARINE CORPS
For an additional amount for ‘‘Military Personnel,
Marine Corps’’, $300,000: Provided, That such amount is
designated by Congress as an emergency requirement pur-
suant 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’’, $29,100,000: Provided, That such amount is
designated by Congress as an emergency requirement pur-
suant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
OPERATION AND MAINTENANCE
OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Overseas Contingency
Operations Transfer Fund’’, $1,566,300,000: Provided,
That the Secretary of Defense may transfer these funds
only to operation and maintenance and DoD working cap-
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ital fund accounts: Provided further, That the funds trans-
ferred shall be merged with and shall be available for the
same purposes and for the same time period, as the appro-
priation to which transferred: Provided further, That the
transfer authority provided in this paragraph is in addi-
tion to any other transfer authority available to the De-
partment of Defense: 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.
OPLAN 34A/35 P.O.W. PAYMENTS
For payments to individuals under section 657 of
Public Law 104–201, $20,000,000, to remain available
until expended.
REVOLVING AND MANAGEMENT FUNDS
RESERVE MOBILIZATION INCOME INSURANCE FUND
For an additional amount for the Reserve Mobiliza-
tion Income Insurance Fund, $72,000,000, 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.
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GENERAL PROVISIONS, CHAPTER 1
SEC. 2101. No part of any appropriation contained
in this title shall remain available for obligation beyond
the current fiscal year, unless expressly so provided herein.
(TRANSFER OF FUNDS)
SEC. 2102. The Secretary of the Navy shall transfer
up to $23,000,000 to ‘‘Operation and Maintenance, Ma-
rine Corps’’ from the following accounts in the specified
amounts, to be available only for repairing damage caused
by hurricanes, flooding, and other natural disasters during
1996 and 1997 to real property and facilities at Marine
Corps facilities (including Camp Lejeune, North Carolina;
Cherry Point, North Carolina; and the Mountain Warfare
Training Center, Bridgeport, California):
‘‘Military 
Personnel, 
Marine 
Corps’’,
$4,000,000;
‘‘Operation and Maintenance, Marine Corps’’,
$11,000,000;
‘‘Procurement of Ammunition, Navy and Ma-
rine Corps, 1996/1998’’, $4,000,000; and
‘‘Procurement, Marine Corps, 1996/1998’’,
$4,000,000.
SEC. 2103. In addition to the amounts appropriated
in title VI of the Department of Defense Appropriations
Act, 1997 (as contained in section 101(b) of Public Law
104–208), under the heading ‘‘Defense Health Program’’,
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$21,000,000 is hereby appropriated and made available
only for the provision of direct patient care at military
treatment facilities.
SEC. 2104. In addition to the amounts appropriated
in title II of the Department of Defense Appropriations
Act, 1997 (as contained in section 101(b) of Public Law
104–208), under the heading ‘‘Operation and Mainte-
nance, Defense-Wide’’, $10,000,000 is hereby appro-
priated and made available only for force protection and
counter-terrorism initiatives.
SEC. 2105. Without prior and specific written ap-
proval from the Appropriations Committees of Congress,
none of the funds appropriated in this or any other Act
for any fiscal year may be used to compensate military
personnel or civilian employees who (1) are newly assigned
to or newly employed by the Office of the Assistant Sec-
retary of the Navy (Financial Management and Comptrol-
ler) on or after May 1, 1997, (2) occupy positions in the
Department of the Navy’s Financial Management/Comp-
troller organization on May 1, 1997 and who are subse-
quently reassigned to another organization in the Navy for
the purpose of compensation yet who otherwise continue
to be directed by or report to the Department of the Navy
Financial Management/Comptroller organization, or (3)
are temporarily assigned from other Department of De-
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fense organizations to the Department of the Navy Finan-
cial Management/Comptroller organization on or after
May 1, 1997: Provided, That the preceding limitations
shall also apply to funds for compensation of military per-
sonnel or civilian employees in the organization of the
Deputy Chief of Naval Operations (Resources, Warfare
Requirements, and Assessments) whose primary function
is budgeting or financial management: Provided further,
That none of the funds in this or any other Act for any
fiscal year may be used to reprogram funds within any
Navy appropriation (other than Military Construction and
Military Family Housing) under the authority of Depart-
ment of Defense Financial Management Regulation with-
out prior written approval from the Appropriations Com-
mittees of Congress.
CHAPTER 2
GENERAL PROVISIONS
(RESCISSIONS)
SEC. 2201. Of the funds provided in the Department
of Defense Appropriations Act, 1997 (as contained in sec-
tion 101(b) of Public Law 104–208), amounts are hereby
rescinded from the following accounts in the specified
amounts to reflect savings from revised economic assump-
tions (with each such reduction to be applied proportion-
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ally to each budget activity, activity group, and subactivity
group within each such account):
‘‘Operation 
and 
Maintenance, 
Army’’,
$19,000,000;
‘‘Operation 
and 
Maintenance, 
Navy’’,
$24,000,000;
‘‘Operation and Maintenance, Air Force’’,
$18,000,000;
‘‘Operation and Maintenance, Defense-Wide’’,
$8,000,000;
‘‘Operation and Maintenance, Army Reserve’’,
$1,000,000;
‘‘Operation and Maintenance, Navy Reserve’’,
$1,000,000;
‘‘Operation and Maintenance, Air Force Re-
serve’’, $1,000,000;
‘‘Operation and Maintenance, Army National
Guard’’, $2,000,000;
‘‘Operation and Maintenance, Air National
Guard’’, $3,000,000;
‘‘Drug Interdiction and Counter-Drug Activi-
ties, Defense’’, $2,000,000;
‘‘Environmental Restoration, Army’’, $250,000;
‘‘Environmental Restoration, Navy’’, $250,000;
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‘‘Environmental 
Restoration, 
Air 
Force’’,
$250,000;
‘‘Environmental Restoration, Formerly Used
Defense Sites’’, $250,000;
‘‘Former Soviet Union Threat Reduction’’,
$2,000,000;
‘‘Defense Health Program’’, $10,000,000;
‘‘Aircraft Procurement, Army’’, $8,000,000;
‘‘Missile Procurement, Army’’, $2,000,000;
‘‘Procurement of Weapons and Tracked Combat
Vehicles, Army’’, $5,000,000;
‘‘Procurement 
of 
Ammunition, 
Army’’,
$1,000,000;
‘‘Other Procurement, Army’’, $15,000,000;
‘‘Aircraft Procurement, Navy’’, $28,000,000;
‘‘Weapons Procurement, Navy’’, $6,000,000;
‘‘Shipbuilding 
and 
Conversion, 
Navy’’,
$33,000,000;
‘‘Other Procurement, Navy’’, $8,000,000;
‘‘Aircraft 
Procurement, 
Air 
Force’’,
$20,000,000;
‘‘Missile 
Procurement, 
Air 
Force’’,
$11,000,000;
‘‘Other Procurement, Air Force’’, $7,000,000;
‘‘Procurement, Defense-Wide’’, $5,000,000;
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‘‘National Guard and Reserve Equipment’’,
$8,000,000;
‘‘Chemical Agents and Munitions Destruction,
Defense’’, $2,000,000;
‘‘Research, Development, Test and Evaluation,
Army’’, $10,000,000;
‘‘Research, Development, Test and Evaluation,
Navy’’, $9,000,000;
‘‘Research, Development, Test and Evaluation,
Air Force’’, $22,000,000; and
‘‘Research, Development, Test and Evaluation,
Defense-Wide’’, $15,000,000.
(RESCISSIONS)
SEC. 2202. Of the funds provided in the Department
of Defense Appropriations Act, 1997 (as contained in sec-
tion 101(b) of Public Law 104–208), amounts related to
foreign currency are hereby rescinded from the following
accounts in the specified amounts, except as otherwise
provided by law, to reflect savings from revised foreign
currency exchange rates:
‘‘Military Personnel, Army’’, $37,000,000;
‘‘Military Personnel, Navy’’, $9,000,000;
‘‘Military Personnel, Air Force’’, $12,000,000;
‘‘Operation 
and 
Maintenance, 
Army’’,
$124,000,000;
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‘‘Operation 
and 
Maintenance, 
Navy’’,
$22,000,000;
‘‘Operation and Maintenance, Air Force’’,
$79,000,000;
‘‘Operation and Maintenance, Defense-Wide’’,
$14,000,000; and
‘‘Defense Health Program’’, $11,000,000.
(RESCISSIONS)
SEC. 2203. Of the funds provided in previous Depart-
ment of Defense Appropriations Acts, amounts only asso-
ciated with unobligated balances expected to expire at the
end of the current fiscal year are hereby rescinded from
the following accounts in the specified amounts:
‘‘Aircraft Procurement, Army, 1995/1997’’,
$1,085,000;
‘‘Missile 
Procurement, 
Army, 
1995/1997’’,
$2,707,000;
‘‘Procurement of Weapons and Tracked Combat
Vehicles, Army, 1995/1997’’, $2,296,000;
‘‘Procurement of Ammunition, Army, 1995/
1997’’, $3,236,000;
‘‘Other 
Procurement, 
Army, 
1995/1997’’,
$2,502,000;
‘‘Aircraft Procurement, Navy, 1995/1997’’,
$34,000,000;
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‘‘Weapons Procurement, Navy, 1995/1997’’,
$16,000,000;
‘‘Procurement of Ammunition, Navy and Ma-
rine Corps, 1995/1997’’, $812,000;
‘‘Shipbuilding and Conversion, Navy, 1993/
1997’’, $10,000,000;
‘‘Other 
Procurement, 
Navy, 
1995/1997’’,
$4,237,000;
‘‘Procurement, Marine Corps, 1995/1997’’,
$1,207,000;
‘‘Aircraft Procurement, Air Force, 1995/1997’’,
$33,650,000;
‘‘Missile Procurement, Air Force, 1995/1997’’,
$7,195,000;
‘‘Other Procurement, Air Force, 1995/1997’’,
$3,659,000;
‘‘Procurement, 
Defense-Wide, 
1995/1997’’,
$12,881,000;
‘‘National Guard and Reserve Equipment,
1995/1997’’, $5,029,000;
‘‘Chemical Agents and Munitions Destruction,
Defense, 1995/1997’’, $456,000;
‘‘Chemical Agents and Munitions Destruction,
Defense, 1996/1997’’, $652,000;
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‘‘Research, Development, Test and Evaluation,
Army, 1996/1997’’, $4,366,000;
‘‘Research, Development, Test and Evaluation,
Navy, 1996/1997’’, $14,978,000;
‘‘Research, Development, Test and Evaluation,
Air Force, 1996/1997’’, $28,396,000;
‘‘Research, Development, Test and Evaluation,
Defense-Wide, 1996/1997’’, $55,973,000;
‘‘Developmental Test and Evaluation, Defense,
1996/1997’’, $890,000; and
‘‘Operational Test and Evaluation, Defense,
1996/1997’’, $160,000.
(RESCISSIONS)
SEC. 2204. Of the funds provided in previous Depart-
ment of Defense Appropriations Acts, funds are hereby
rescinded from the following accounts in the specified
amounts:
‘‘Shipbuilding and Conversion, Navy, 1994/
1998’’, $28,700,000;
‘‘Aircraft Procurement, Air Force, 1995/1997’’,
$14,400,000;
‘‘Missile Procurement, Air Force, 1995/1997’’,
$4,000,000;
‘‘Aircraft Procurement, Army, 1996/1998’’,
$18,000,000;
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‘‘Procurement of Weapons and Tracked Combat
Vehicles, Army, 1996/1998’’, $26,000,000;
‘‘Procurement of Ammunition, Army, 1996/
1998’’, $34,000,000;
‘‘Other 
Procurement, 
Navy, 
1996/1998’’,
$3,000,000;
‘‘Aircraft Procurement, Air Force, 1996/1998’’,
$52,000,000;
‘‘Other Procurement, Air Force, 1996/1998’’,
$10,000,000;
‘‘Procurement of Ammunition, Air Force, 1996/
1998’’, $21,100,000;
‘‘Procurement, 
Defense-Wide, 
1996/1998’’,
$34,800,000;
‘‘Research, Development, Test and Evaluation,
Navy, 1996/1997’’, $4,500,000;
‘‘Research, Development, Test and Evaluation,
Air Force, 1996/1997’’, $2,000,000;
‘‘Research, Development, Test and Evaluation,
Defense-Wide, 1996/1997’’, $71,200,000;
‘‘Developmental Test and Evaluation, Defense,
1996/1997’’, $12,200,000;
‘‘Chemical Agents and Munitions Destruction,
Defense, 1996/1998’’, $22,000,000;
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‘‘National 
Guard 
Personnel, 
Air 
Force’’,
$7,600,000;
‘‘Operation 
and 
Maintenance, 
Army’’,
$17,000,000;
‘‘Operation and Maintenance, Defense-Wide’’,
$10,000,000;
‘‘Procurement of Ammunition, Army, 1997/
1999’’, $10,000,000;
‘‘Other 
Procurement, 
Army, 
1997/1999’’,
$6,000,000;
‘‘Aircraft Procurement, Navy, 1997/1999’’,
$48,000,000;
‘‘Aircraft Procurement, Air Force, 1997/1999’’,
$35,000,000;
‘‘Missile Procurement, Air Force, 1997/1999’’,
$120,000,000;
‘‘Research, Development, Test and Evaluation,
Army, 1997/1998’’, $15,000,000;
‘‘Research, Development, Test and Evaluation,
Navy, 1997/1998’’, $28,500,000;
‘‘Research, Development, Test and Evaluation,
Air Force, 1997/1998’’, $237,500,000; and
‘‘Research, Development, Test and Evaluation,
Defense-Wide, 1997/1998’’, $100,000,000.
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MILITARY CONSTRUCTION
(RESCISSIONS)
SEC. 2205. Of the funds appropriated in the Military
Construction Appropriations Act, 1996 (Public Law 104–
32), amounts are hereby rescinded from the following ac-
counts in the specified amounts:
‘‘Military Construction, Air Force Reserve’’,
$5,000,000;
‘‘Military 
Construction, 
Defense-wide’’,
$41,000,000;
‘‘Base Realignment and Closure Account, Part
II’’, $35,391,000;
‘‘Base Realignment and Closure Account, Part
III’’, $75,638,000; and
‘‘Base Realignment and Closure Account, Part
IV’’, $22,971,000.
CHAPTER 3
GENERAL PROVISIONS
MILITARY CONSTRUCTION, NAVY
(RESCISSION)
SEC. 2301. Of the funds appropriated for ‘‘Military
Construction, Navy’’ under Public Law 103–307,
$6,480,000 is hereby rescinded.
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FAMILY HOUSING, NAVY AND MARINE CORPS
SEC. 2302. For an additional amount for ‘‘Family
Housing, Navy and Marine Corps’’ to cover the incremen-
tal Operation and Maintenance costs arising from hurri-
cane damage to family housing units at Marine Corps
Base Camp Lejeune, North Carolina and Marine Corps
Air Station Cherry Point, North Carolina, $6,480,000, as
authorized by 10 U.S.C. 2854.
TITLE III
GENERAL PROVISIONS—THIS ACT
SEC. 3001. No part of any appropriation contained
in this Act shall remain available for obligation beyond
the current fiscal year unless expressly so provided herein.
ASSISTANCE TO UKRAINE
SEC. 3002. (a) The President may waive any of the
earmarks contained in subsections (k) and (l) under the
heading ‘‘Assistance for the New Independent States of
the Former Soviet Union’’ contained in the Foreign Oper-
ations, Export Financing, and Related Programs Appro-
priations Act, 1997, as included in Public Law 104–208,
if he determines, and so reports to the Committees on Ap-
propriations that the Government of Ukraine—
(1) is not making significant progress toward
economic reform and the elimination of corruption;
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(2) is not permitting American firms and indi-
viduals to operate in Ukraine according to generally
accepted business principles; or
(3) is not effectively assisting American firms
and individuals in their efforts to enforce commercial
contracts and resist extortion and other corrupt de-
mands.
BUY-AMERICAN REQUIREMENTS
SEC. 3003. (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 the Buy
American Act (41 U.S.C. 10a–10c).
(b) SENSE OF CONGRESS; REQUIREMENT REGARD-
ING 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 ex-
pending 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 agen-
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cy 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 bear-
ing 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 con-
tract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineli-
gibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.
EXTENSION OF SSI REDETERMINATION PROVISIONS
SEC. 3004. (a) Section 402(a)(2)(D)(i) of the Per-
sonal Responsibility and Work Opportunity Reconciliation
Act of 1996 (8 U.S.C. 1612(a)(2)(D)(i)) is amended—
(1) in subclause (I), by striking ‘‘the date which
is 1 year after such date of enactment,’’ and insert-
ing ‘‘September 30, 1997,’’; and
(2) in subclause (III), by striking ‘‘the date of
the redetermination with respect to such individual’’
and inserting ‘‘September 30, 1997,’’.
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(b) The amendment made by subsection (a) shall be
effective as if included in the enactment of section 402
of the Personal Responsibility and Work Opportunity Rec-
onciliation Act of 1996.
JOB OPPORTUNITIES AND BASIC SKILLS
(RECISSION)
SEC. 3005. Of the funds made available under this
heading in Public Law 104–208, there is rescinded an
amount equal to the total of the funds within each State’s
limitation for fiscal year 1997 that are not necessary to
pay such State’s allowable claims for such fiscal year.
Section 403(k)(3)(F) of the Social Security Act (as
in effect on October 1, 1996) is amended by adding after
the ‘‘,’’ the following: ‘‘reduced by an amount equal to the
total of those funds that are within each State’s limitation
for fiscal year 1997 that are not necessary to pay such
State’s allowable claims for such fiscal year (except that
such amount for such year shall be deemed to be
$1,000,000,000 for the purpose of determining the
amount of the payment under subsection (l) to which each
State is entitled),’’.
SEC. 3006. (a) Chapter 63 of title 5, United States
Code, is amended by adding after subchapter V the follow-
ing:
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‘‘SUBCHAPTER VI—LEAVE TRANSFER IN
DISASTERS AND EMERGENCIES
‘‘§ 6391. Authority for leave transfer program in dis-
asters and emergencies
‘‘(a) For the purpose of this section—
‘‘(1) ‘employee’ means an employee as defined
in section 6331(1); and
‘‘(2) ‘agency’ means an Executive agency.
‘‘(b) In the event of a major disaster or emergency,
as declared by the President, that results in severe adverse
effects for a substantial number of employees, the Presi-
dent may direct the Office of Personnel Management to
establish an emergency leave transfer program under
which any employee in any agency may donate unused an-
nual leave for transfer to employees of the same or other
agencies who are adversely affected by such disaster or
emergency.
‘‘(c) The Office shall establish appropriate require-
ments for the operation of the emergency leave transfer
program under subsection (b), including appropriate limi-
tations on the donation and use of annual leave under the
program. An employee may receive and use leave under
the program without regard to any requirement that any
annual leave and sick leave to a leave recipient’s credit
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must be exhausted before any transferred annual leave
may be used.
‘‘(d) A leave bank established under subchapter IV
may, to the extent provided in regulations prescribed by
the Office, donate annual leave to the emergency leave
transfer program established under subsection (b).
‘‘(e) Except to the extent that the Office may pre-
scribe by regulation, nothing in section 7351 shall apply
to any solicitation, donation, or acceptance of leave under
this section.
‘‘(f) The Office shall prescribe regulations necessary
for the administration of this section.’’.
(b) The analysis for chapter 63 of title 5, United
States Code, is amended by adding at the end the follow-
ing:
‘‘SUBCHAPTER VI—LEAVE TRANSFER IN DISASTERS AND
EMERGENCIES
‘‘6391. Authority for leave transfer program in disasters and emergencies.’’.
SEC. 3007. USE OF FUNDS FOR STUDIES OF MEDICAL USE
OF MARIJUANA.
None of the funds appropriated by this Act shall be
used for any study of the medicinal use of marijuana.
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TITLE IV—COST OF HIGHER EDUCATION
REVIEW
SEC. 4001. SHORT TITLE; FINDINGS.
(a) SHORT TITLE.—This title may be cited as the
‘‘Cost of Higher Education Review Act of 1997’’.
(b) FINDINGS.—The Congress finds the following:
(1) According to a report issued by the General
Accounting Office, tuition at 4-year public colleges
and universities increased 234 percent from school
year 1980–1981 through school year 1994–1995,
while median household income rose 82 percent and
the cost of consumer goods as measured by the
Consumer Price Index rose 74 percent over the same
time period.
(2) A 1995 survey of college freshmen found
that concern about college affordability was the
highest it has been in the last 30 years.
(3) Paying for a college education now ranks as
one of the most costly investments for American
families.
SEC. 4002. ESTABLISHMENT OF NATIONAL COMMISSION ON
THE COST OF HIGHER EDUCATION.
There is established a Commission to be known as
the ‘‘National Commission on the Cost of Higher Edu-
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cation’’ (hereafter in this title referred to as the ‘‘Commis-
sion’’).
SEC. 4003. MEMBERSHIP OF COMMISSION.
(a) APPOINTMENT.—The Commission shall be com-
posed of 7 members as follows:
(1) Two individuals shall be appointed by the
Speaker of the House.
(2) One individual shall be appointed by the Mi-
nority Leader of the House.
(3) Two individuals shall be appointed by the
Majority Leader of the Senate.
(4) One individual shall be appointed by the Mi-
nority Leader of the Senate.
(5) One individual shall be appointed by the
Secretary of Education.
(b) ADDITIONAL QUALIFICATIONS.—Each of the in-
dividuals appointed under subsection (a) shall be an indi-
vidual with expertise and experience in higher education
finance (including the financing of State institutions of
higher education), Federal financial aid programs, edu-
cation economics research, public or private higher edu-
cation administration, or business executives who have
managed successful cost reduction programs.
(c) CHAIRPERSON AND VICE CHAIRPERSON.—The
members of the Commission shall elect a Chairman and
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a Vice Chairperson. In the absence of the Chairperson,
the Vice Chairperson will assume the duties of the Chair-
person.
(d) QUORUM.—A majority of the members of the
Commission shall constitute a quorum for the transaction
of business.
(e) APPOINTMENTS.—All appointments under sub-
section (a) shall be made within 30 days after the date
of enactment of this Act. In the event that an officer au-
thorized to make an appointment under subsection (a) has
not made such appointment within such 30 days, the ap-
pointment may be made for such officer as follows:
(1) the Chairman of the Committee on Edu-
cation and the Workforce may act under such sub-
section for the Speaker of the House of Representa-
tives;
(2) the Ranking Minority Member of the Com-
mittee on Education and the Workforce may act
under such subsection for the Minority Leader of
the House of Representatives;
(3) the Chairman of the Committee on Labor
and Human Resources may act under such sub-
section for the Majority Leader of the Senate; and
(4) the Ranking Minority Member of the Com-
mittee on Labor and Human Resources may act
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under such subsection for the Minority Leader of
the Senate.
(f) VOTING.—Each member of the Commission shall
be entitled to one vote, which shall be equal to the vote
of every other member of the Commission.
(g) VACANCIES.—Any vacancy on the Commission
shall not affect its powers, but shall be filled in the manner
in which the original appointment was made.
(h) PROHIBITION OF ADDITIONAL PAY.—Members of
the Commission shall receive no additional pay, allow-
ances, or benefits by reason of their service on the Com-
mission. Members appointed from among private citizens
of the United States may be allowed travel expenses, in-
cluding per diem, in lieu of subsistence, as authorized by
law for persons serving intermittently in the government
service to the extent funds are available for such expenses.
(i) INITIAL MEETING.—The initial meeting of the
Commission shall occur within 40 days after the date of
enactment of this Act.
SEC. 4004. FUNCTIONS OF COMMISSION.
(a) SPECIFIC FINDINGS AND RECOMMENDATIONS.—
The Commission shall study and make findings and spe-
cific recommendations regarding the following:
(1) The increase in tuition compared with other
commodities and services.
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(2) Innovative methods of reducing or stabiliz-
ing tuition.
(3) Trends in college and university administra-
tive costs, including administrative staffing, ratio of
administrative staff to instructors, ratio of adminis-
trative staff to students, remuneration of adminis-
trative staff, and remuneration of college and univer-
sity presidents or chancellors.
(4) Trends in (A) faculty workload and remu-
neration (including the use of adjunct faculty), (B)
faculty-to-student ratios, (C) number of hours spent
in the classroom by faculty, and (D) tenure prac-
tices, and the impact of such trends on tuition.
(5) Trends in (A) the construction and renova-
tion of academic and other collegiate facilities, and
(B) the modernization of facilities to access and uti-
lize new technologies, and the impact of such trends
on tuition.
(6) The extent to which increases in institu-
tional financial aid and tuition discounting have af-
fected tuition increases, including the demographics
of students receiving such aid, the extent to which
such aid is provided to students with limited need in
order to attract such students to particular institu-
tions or major fields of study, and the extent to
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which Federal financial aid, including loan aid, has
been used to offset such increases.
(7) The extent to which Federal, State, and
local laws, regulations, or other mandates contribute
to increasing tuition, and recommendations on re-
ducing those mandates.
(8) The establishment of a mechanism for a
more timely and widespread distribution of data on
tuition trends and other costs of operating colleges
and universities.
(9) The extent to which student financial aid
programs have contributed to changes in tuition.
(10) Trends in State fiscal policies that have af-
fected college costs.
(11) The adequacy of existing Federal and
State financial aid programs in meeting the costs of
attending colleges and universities.
(12) Other related topics determined to be ap-
propriate by the Commission.
(b) FINAL REPORT.—
(1) IN GENERAL.—Subject to paragraph (2),
the Commission shall submit to the President and to
the Congress, not later than 120 days after the date
of the first meeting of the Commission, a report
which shall contain a detailed statement of the find-
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ings and conclusions of the Commission, including
the Commission’s recommendations for administra-
tive and legislative action that the Commission con-
siders advisable.
(2) MAJORITY
VOTE
REQUIRED
FOR
REC-
OMMENDATIONS.—Any recommendation described in
paragraph (1) shall be made by the Commission to
the President and to the Congress only if such rec-
ommendation is adopted by a majority vote of the
members of the Commission who are present and
voting.
(3) 
EVALUATION
OF
DIFFERENT
CIR-
CUMSTANCES.—In making any findings under sub-
section (a) of this section, the Commission shall take
into account differences between public and private
colleges and universities, the length of the academic
program, the size of the institution’s student popu-
lation, and the availability of the institution’s re-
sources, including the size of the institution’s endow-
ment.
SEC. 4005. POWERS OF COMMISSION.
(a) HEARINGS.—The Commission may, for the pur-
pose of carrying out this title, hold such hearings and sit
and act at such times and places, as the Commission may
find advisable.
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(b) RULES
AND REGULATIONS.—The Commission
may adopt such rules and regulations as may be necessary
to establish the Commission’s procedures and to govern
the manner of the Commission’s operations, organization,
and personnel.
(c) ASSISTANCE FROM FEDERAL AGENCIES.—
(1) INFORMATION.—The Commission may re-
quest from the head of any Federal agency or in-
strumentality such information as the Commission
may require for the purpose of this title. Each such
agency or instrumentality shall, to the extent per-
mitted by law and subject to the exceptions set forth
in section 552 of title 5, United States Code (com-
monly referred to as the Freedom of Information
Act), furnish such information to the Commission,
upon request made by the Chairperson of the Com-
mission.
(2) FACILITIES AND SERVICES, PERSONNEL DE-
TAIL
AUTHORIZED.—Upon request of the Chair-
person of the Commission, the head of any Federal
agency or instrumentality shall, to the extent pos-
sible and subject to the discretion of such head—
(A) make any of the facilities and services
of such agency or instrumentality available to
the Commission; and
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(B) detail any of the personnel of such
agency or instrumentality to the Commission,
on a nonreimbursable basis, to assist the Com-
mission in carrying out the Commission’s duties
under this title.
(d) MAILS.—The Commission may use the United
States mails in the same manner and under the same con-
ditions as other Federal agencies.
(e) CONTRACTING.—The Commission, to such extent
and in such amounts as are provided in appropriation
Acts, may enter into contracts with State agencies, private
firms, institutions, and individuals for the purpose of con-
ducting research or surveys necessary to enable the Com-
mission to discharge the Commission’s duties under this
title.
(f) STAFF.—Subject to such rules and regulations as
may be adopted by the Commission, and to such extent
and in such amounts as are provided in appropriation
Acts, the Chairperson of the Commission shall have the
power to appoint, terminate, and fix the compensation
(without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service,
and without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title, or of any other
provision, or of any other provision of law, relating to the
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number, classification, and General Schedule rates) of an
Executive Director, and of such additional staff as the
Chairperson deems advisable to assist the Commission, at
rates not to exceed a rate equal to the maximum rate for
level IV of the Executive Schedule under section 5332 of
such title.
SEC. 4006. FUNDING OF COMMISSION.
(a) APPROPRIATION.—There is appropriated, out of
any money in the Treasury not otherwise appropriated,
for fiscal year 1997 for carrying out this title, $650,000,
to remain available until expended, or until one year after
the termination of the Commission pursuant to section
4007, whichever occurs first.
(b) RESCISSION.—Of the funds made available for
‘‘DEPARTMENT OF EDUCATION—Federal Family
Education Loan Program Account’’ in the Departments
of Labor, Health and Human Services, and Education,
and Related Agencies Appropriations Act, 1997 (as con-
tained in section 101(e) of division A of Public Law 104–
208), $849,000 is rescinded.
SEC. 4007. TERMINATION OF COMMISSION.
The Commission shall cease to exist on the date that
is 60 days after the date on which the Commission is re-
quired to submit its final report in accordance with section
4004(b).
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TITLE V—PREVENTION OF GOVERNMENT
SHUTDOWN
SHORT TITLE
SEC. 5001. This title may be cited as the ‘‘Govern-
ment Shutdown Prevention Act’’.
CONTINUING FUNDING
SEC. 5002. (a) If any regular appropriation bill for
fiscal year 1998 does not become law prior to the begin-
ning of fiscal year 1998 or a joint resolution making con-
tinuing appropriations is not in effect, there is appro-
priated, out of any moneys in the Treasury not otherwise
appropriated, and out of applicable corporate or other rev-
enues, receipts, and funds, such sums as may be necessary
to continue any program, project, or activity for which
funds were provided in fiscal year 1997.
(b) Appropriations and funds made available, and au-
thority granted, for a program, project, or activity for fis-
cal year 1998 pursuant to this title shall be at 100 per
cent of the rate of operations that was provided for the
program, project, or activity in fiscal year 1997 in the cor-
responding regular appropriation Act for fiscal year 1997.
(c) Appropriations and funds made available, and au-
thority granted, for fiscal year 1998 pursuant to this title
for a program, project, or activity shall be available for
the period beginning with the first day of a lapse in appro-
priations and ending with the earlier of—
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(1) the date on which the applicable regular ap-
propriation bill for fiscal year 1998 becomes law
(whether or not that law provides for that program,
project, or activity) or a continuing resolution mak-
ing appropriations becomes law, as the case may be;
or
(2) the last day of fiscal year 1998.
TERMS AND CONDITIONS
SEC. 5003. (a) An appropriation of funds made avail-
able, or authority granted, for a program, project, or activ-
ity for fiscal year 1998 pursuant to this title shall be made
available to the extent and in the manner which would be
provided by the pertinent appropriations Act for fiscal
year 1997, including all of the terms and conditions and
the apportionment schedule imposed with respect to the
appropriation made or funds made available for fiscal year
1997 or authority granted for the program, project, or ac-
tivity under current law.
(b) Appropriations made by this title shall be avail-
able to the extent and in the manner which would be pro-
vided by the pertinent appropriations Act.
COVERAGE
SEC. 5004. Appropriations and funds made available,
and authority granted, for any program, project, or activ-
ity for fiscal year 1998 pursuant to this title shall cover
all obligations or expenditures incurred for that program,
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project, or activity during the portion of fiscal year 1998
for which this title applies to that program, project, or
activity.
EXPENDITURES
SEC. 5005. Expenditures made for a program,
project, or activity for fiscal year 1998 pursuant to this
title shall be charged to the applicable appropriation, fund,
or authorization whenever a regular appropriation bill or
a joint resolution making continuing appropriations until
the end of fiscal year 1998 providing for that program,
project, or activity for that period becomes law.
INITIATING OR RESUMING A PROGRAM, PROJECT, OR
ACTIVITY
SEC. 5006. No appropriation or funds made available
or authority granted pursuant to this title shall be used
to initiate or resume any program, project, or activity for
which appropriations, funds, or other authority were not
available during fiscal year 1997.
PROTECTION OF OTHER OBLIGATIONS
SEC. 5007. Nothing in this title shall be construed
to effect Government obligations mandated by other law,
including obligations with respect to Social Security, Medi-
care, Medicaid, and veterans benefits.
DEFINITION
SEC. 5008. In this title, the term ‘‘regular appropria-
tion bill’’ means any annual appropriation bill making ap-
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propriations, otherwise making funds available, or grant-
ing authority, for any of the following categories of pro-
grams, projects, and activities:
(1) Agriculture, rural development, and related
agencies programs.
(2) The Departments of Commerce, Justice,
and State, the judiciary, and related agencies.
(3) The Department of Defense.
(4) The government of the District of Columbia
and other activities chargeable in whole or in part
against the revenues of the District.
(5) The Departments of Labor, Health and
Human Services, and Education, and related agen-
cies.
(6) The Departments of Veterans Affairs and
Housing and Urban Development, and sundry inde-
pendent agencies, boards, commissions, corporations,
and offices.
(7) Energy and water development.
(8) Foreign assistance and related programs.
(9) The Department of the Interior and related
agencies.
(10) Military construction.
(11) The Department of Transportation and re-
lated agencies.
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(12) The Treasury Department, the U.S. Postal
Service, the Executive Office of the President, and
certain independent agencies.
(13) The Legislative Branch.
TITLE VI—ADDITIONAL
DISASTER RELIEF PROVISIONS
Subtitle A—Depository Institution
Disaster Relief
SEC. 6001. SHORT TITLE.
This subtitle may be cited as the ‘‘Depository Institu-
tions Disaster Relief Act of 1997’’.
SEC. 6002. TRUTH IN LENDING ACT; EXPEDITED FUNDS
AVAILABILITY ACT.
(a) TRUTH IN LENDING ACT.—During the 240-day
period beginning on the date of enactment of this Act, the
Board of Governors of the Federal Reserve System may
make exceptions to the Truth in Lending Act for trans-
actions within an area in which the President, pursuant
to section 401 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, has determined, on or
after February 28, 1997, that a major disaster exists, or
within an area determined to be eligible for disaster relief
under other Federal law by reason of damage related to
the 1997 flooding of the Red River of the North, the Min-
nesota River, and the tributaries of such rivers, if the
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Board determines that the exception can reasonably be ex-
pected to alleviate hardships to the public resulting from
such disaster that outweigh possible adverse effects.
(b) EXPEDITED FUNDS AVAILABILITY ACT.—During
the 240-day period beginning on the date of enactment
of this Act, the Board of Governors of the Federal Reserve
System may make exceptions to the Expedited Funds
Availability Act for depository institution offices located
within any area referred to in subsection (a) of this section
if the Board determines that the exception can reasonably
be expected to alleviate hardships to the public resulting
from such disaster that outweigh possible adverse effects.
(c) TIME LIMIT ON EXCEPTIONS.—Any exception
made under this section shall expire not later than Sep-
tember 1, 1998.
(d) PUBLICATION REQUIRED.—The Board of Gov-
ernors of the Federal Reserve System shall publish in the
Federal Register a statement that—
(1) describes any exception made under this
section; and
(2) explains how the exception can reasonably
be expected to produce benefits to the public that
outweigh possible adverse effects.
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SEC. 6003. DEPOSIT OF INSURANCE PROCEEDS.
(a) IN GENERAL.—The appropriate Federal banking
agency may, by order, permit an insured depository insti-
tution to subtract from the institution’s total assets, in
calculating compliance with the leverage limit prescribed
under section 38 of the Federal Deposit Insurance Act,
an amount not exceeding the qualifying amount attrib-
utable to insurance proceeds, if the agency determines
that—
(1) the institution—
(A) had its principal place of business
within an area in which the President, pursuant
to section 401 of the Robert T. Stafford Disas-
ter Relief and Emergency Assistance Act, has
determined, on or after February 28, 1997,
that a major disaster exists, or within an area
determined to be eligible for disaster relief
under other Federal law by reason of damage
related to the 1997 flooding of the Red River
of the North, the Minnesota River, and the trib-
utaries of such rivers, on the day before the
date of any such determination;
(B) derives more than 60 percent of its
total deposits from persons who normally reside
within, or whose principal place of business is
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normally within, areas of intense devastation
caused by the major disaster;
(C) was adequately capitalized (as defined
in section 38 of the Federal Deposit Insurance
Act) before the major disaster; and
(D) has an acceptable plan for managing
the increase in its total assets and total depos-
its; and
(2) the subtraction is consistent with the pur-
pose of section 38 of the Federal Deposit Insurance
Act.
(b) TIME LIMIT ON EXCEPTIONS.—Any exception
made under this section shall expire not later than Feb-
ruary 28, 1999.
(c) DEFINITIONS.—For purposes of this section:
(1) APPROPRIATE
FEDERAL
BANKING
AGEN-
CY.—The term ‘‘appropriate Federal banking agen-
cy’’ has the same meaning as in section 3 of the
Federal Deposit Insurance Act.
(2) INSURED DEPOSITORY INSTITUTION.—The
term ‘‘insured depository institution’’ has the same
meaning as in section 3 of the Federal Deposit In-
surance Act.
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(3) LEVERAGE
LIMIT.—The term ‘‘leverage
limit’’ has the same meaning as in section 38 of the
Federal Deposit Insurance Act.
(4) QUALIFYING
AMOUNT
ATTRIBUTABLE
TO
INSURANCE
PROCEEDS.—The 
term 
‘‘qualifying
amount attributable to insurance proceeds’’ means
the amount (if any) by which the institution’s total
assets exceed the institution’s average total assets
during the calendar quarter ending before the date
of any determination referred to in subsection
(a)(1)(A), because of the deposit of insurance pay-
ments or governmental assistance made with respect
to damage caused by, or other costs resulting from,
the major disaster.
SEC. 6004. BANKING AGENCY PUBLICATION REQUIRE-
MENTS.
(a) IN GENERAL.—A qualifying regulatory agency
may take any of the following actions with respect to de-
pository institutions or other regulated entities whose
principal place of business is within, or with respect to
transactions or activities within, an area in which the
President, pursuant to section 401 of the Robert T. Staf-
ford Disaster Relief and Emergency Assistance Act, has
determined, on or after February 28, 1997, that a major
disaster exists, or within an area determined to be eligible