ferred to in paragraph (2), subject to
an annual CPI adjustment, and pro-
viding for a credit for power provided
by Phelps Dodge to the Tribe. In ad-
dition, Phelps Dodge shall pay a
monthly fee of $30,000 to the United
States, on behalf of the Tribe, to ac-
count for the use of the Tribe’s dis-
tribution system.
‘‘(IV) Phelps Dodge shall pay the
United States operation, maintenance,
and replacement charges associated
with the leased CAP water and such
reasonable interconnection charges as
may be imposed by Salt River Project
in connection with the exchange re-
ferred to in subparagraph (D) above.
‘‘(iv) Notwithstanding the provisions
of section 3707(b), any moneys, except
Black River facilities OM&R, CAP OM&R
and any charges associated with an ex-
change agreement with Salt River Project,
paid to the United States on behalf of the
Tribe from the lease referred to under
paragraph (3)(D)(iii) shall be held in trust
by the United States for the benefit of the
Tribe. There is hereby established in the
Treasury of the United States a fund to be
known as the ‘San Carlos Apache Tribe
Lease Fund’ for such purpose. Interest ac-
cruing to the Fund may be used by the
Tribe for economic and community devel-
opment purposes upon presentation to the
Secretary of a certified copy of a duly en-
acted resolution of the Tribal Council re-
questing distribution and a written budget
approved by the Tribal Council. Such in-
come may thereafter be expended only in
accordance with such budget. Income not
distributed shall be added to principal. The
United States shall not be liable for any
claim or causes of action arising from the
Tribe’s use or expenditure of moneys dis-
tributed from the Fund.
‘‘(v) The lease is not assignable to any
third party, except with the consent of the
Tribe and Phelps Dodge, and with the ap-
proval of the Secretary.
‘‘(vi) Notwithstanding subsection (b)
hereof, section 3706 shall be fully effective
immediately with respect to the CAP water
lease provided for in this subparagraph
and the Secretary shall take all actions au-
thorized by section 3706 necessary for pur-
poses of implementing this subparagraph.
Notwithstanding any other provision of
law, the contract referred to in this sub-
paragraph is ratified and confirmed and
shall be enforceable in United States dis-
trict court. In the event that no lease au-
thorized by this subparagraph is executed,
this subparagraph, notwithstanding any
other provision of law, shall be enforceable
as a lease among the Tribe, the United
States, and Phelps Dodge in the United
States district court, and the Secretary
shall take all action authorized by section
3706 for purposes of implementing this
subparagraph in such an event.
‘‘(F) Any questions regarding the water
claims associated with Phelps Dodge’s use of
the Eagle Creek Wellfield, its diversions of sur-
face water from lower Eagle Creek, the San
Francisco River, Chase Creek, and/or its use of
other water 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, and during the Interim Period,
the Tribe shall not, in any way, impede, restrict, or
sue the United States regarding the passage of
water from the Black River facilities into those por-
tions of the channels of Willow Creek and Eagle
Creek which flow through the Reservation. Phelps
Dodge agrees to limit pumping from the Upper
Eagle Creek Wellfield so that the combination of
water from the Black River facilities and water
pumped from the Upper Eagle Creek Wellfield does
not exceed 22,000 acre feet per year of delivered
water at the Phelps Dodge Lower Eagle Creek
Pump Station below the Reservation. In calculating
the pumping rates allowed under this subparagraph,
transmission losses from Black River and the Upper
Eagle Creek Wellfield shall be estimated, but in no
event shall such transmission losses be more than 10
percent of the Black River or Upper Eagle Creek
Wellfield water. Based on this agreement, the Tribe
shall not, in any way, impede, restrict, or sue Phelps
Dodge regarding the passage of water from the
Phelps Dodge Upper Eagle Creek Wellfield, except
that—
‘‘(A) Phelps Dodge shall pay to the United
States, on behalf of the Tribe, $5,000 per
month, with an annual CPI adjustment from
July 23, 1997, to account for the passage of
such flows; and
‘‘(B) the Tribe and the United States re-
serve the right to challenge Phelps Dodge’s
claims regarding the pumping of groundwater
from the Upper Eagle Creek Wellfield, in ac-
cordance with paragraphs (2)(E) and (3)(F)
above. In the event that a court determines that
Phelps Dodge does not have the right to pump
the Upper Eagle Creek Wellfield, the Tribe will
no longer be subject to the restriction set forth
in this subparagraph regarding the passage of
water from the Wellfield through the Reserva-
tion. Nothing in this subsection shall affect the
rights, if any, that Phelps Dodge might claim
regarding the flow of water in the channel of
Eagle Creek in the absence of this subsection.
‘‘(5) PAST CLAIMS.—The Act does not address
claims relating to Phelps Dodge’s prior occupancy
and operation of the Black River facilities. The
Tribe agrees not to bring any such claims against
the United States. The Tribe also agrees that within
30 days after Phelps Dodge has vacated the Res-
ervation, it shall dismiss with prejudice the suit that
it has filed in Tribal Court against Phelps Dodge
(The San Carlos Apache Tribe v. Phelps Dodge, et
al., Case No. C–97–118), which such dismissal shall
not be considered a decision on the merits, and any
claims that it might assert against Phelps Dodge in
connection with Phelps Dodge’s prior occupancy and
operation of the Black River facilities shall be
brought exclusively in the United States district
court.
‘‘(6) RELATIONSHIP TO SETTLEMENT.—
‘‘(A) The term ‘Agreement’, as defined by
section 3703(2), shall not include Phelps
Dodge.
‘‘(B) Section 3706(j) and section 3705(f)
shall be repealed and shall have no effect.
‘‘(7) RATIFICATION
OF
SETTLEMENT.—The
agreement between the San Carlos Apache Tribe,
the Phelps Dodge Corporation, and the Secretary of
the Interior, as set forth in this subsection, is hereby
ratified and approved.’’.
(g) TECHNICAL AMENDMENT.—Section 3702(a)(3) is
amended by striking ‘‘qualification’’ and inserting ‘‘quan-
tification’’.
SEC. 5004. Paragraph (5) of section 104(c) of the
Marine Mammal Protection Act of 1972 (16 U.S.C.
1374(c)(5)) is amended as follows:
(1) In subparagraph (A), by striking ‘‘, includ-
ing polar bears taken but not imported prior to the
date of enactment of the Marine Mammal Protection
Act Amendments of 1994,’’.
(2) By adding the following new subparagraph
at the end thereof:
‘‘(D) The Secretary of the Interior shall, expedi-
tiously after the expiration of the applicable 30 day period
under subsection (d)(2), issue a permit for the importation
of polar bear parts (other than internal organs) from polar
bears taken in sport hunts in Canada before the date of
enactment of the Marine Mammal Protection Act Amend-
ments of 1994, to each applicant who submits, with the
permit application, proof that the polar bear was legally
harvested in Canada by the applicant. The Secretary shall
issue such permits without regard to the provisions of sub-
paragraphs (A) and (C)(ii) of this paragraph, subsection
(d)(3) of this section, and sections 101 and 102. This sub-
paragraph shall not apply to polar bear parts that were
imported before the effective date of this subparagraph.’’.
CHAPTER 6
DEPARTMENT OF HEALTH AND HUMAN
SERVICES
HEALTH RESOURCES AND SERVICES ADMINISTRATION
HEALTH EDUCATION ASSISTANCE LOANS PROGRAM
Public Law 104–208, under the heading ‘‘Health
Education Assistance Loans Program’’ is amended by in-
serting after ‘‘$140,000,000’’ the following: ‘‘: Provided
further, That the Secretary may use up to $499,000 de-
rived by transfer from insurance premiums collected from
guaranteed loans made under title VII of the Public
Health Service Act for the purpose of carrying out section
709 of that Act’’.
ADMINISTRATION FOR CHILDREN AND FAMILIES
CHILDREN AND FAMILIES SERVICES PROGRAMS
Public Law 104–208, under the heading titled ‘‘Chil-
dren and Families Services Programs’’ is amended by in-
serting after the reference to ‘‘part B(1) of title IV’’ the
following: ‘‘and section 1110’’.
OFFICE OF THE SECRETARY
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY
FUND
For expenses necessary to support high priority
health research, $15,000,000, to remain available until ex-
pended: Provided, That the Secretary shall award such
funds on a competitive basis.
DEPARTMENT OF EDUCATION
EDUCATION FOR THE DISADVANTAGED
For additional amounts to carry out subpart 2 of part
A of title I of the Elementary and Secondary Education
Act of 1965, $101,133,000, of which $78,362,000 shall
be for Basic Grants and $22,771,000 shall be for Con-
centration Grants, which shall be allocated, notwithstand-
ing any other provision of law, only to those States, and
counties within those States, that will receive, from funds
available under the Department of Education Appropria-
tions Act, 1997, smaller allocations for Grants to Local
Educational Agencies than they would have received had
those allocations been calculated entirely on the basis of
child poverty counts from the 1990 census: Provided, That
the Secretary of Education shall use these additional
funds to provide those States with 50 percent of the dif-
ference between the allocations they would have received
had the allocations under that Appropriations Act been
calculated entirely on the basis of the 1990 census data
and the allocations under the 1997 Appropriations Act:
Provided further, That if any State’s total allocation under
that Appropriations Act and this paragraph is less than
its 1996 allocation for that subpart, that State shall re-
ceive, under this paragraph, the amount the State would
have received had that allocation been calculated entirely
on the basis of child poverty counts from the 1990 census:
Provided further, That the Secretary shall ratably reduce
the allocations to States under the preceding proviso for
either Basic Grants or Concentration Grants, or both, as
the case may be, if the funds available are insufficient to
make those allocations in full: Provided further, That the
Secretary shall allocate, to such counties in each such
State, additional amounts for Basic Grants and Con-
centration Grants that are in the same proportion, respec-
tively, to the total amounts allocated to the State, as the
differences between such counties’ initial allocations for
Basic Grants and Concentration Grants, respectively
(compared to what they would have received had the initial
allocations been calculated entirely on the basis of 1990
census data), are to the differences between the State’s
initial allocations for Basic Grants and Concentration
Grants, respectively (compared to the amounts the State
would have received had the initial allocations been cal-
culated entirely on the basis of 1990 census data): Pro-
vided further, That the funds appropriated under this
paragraph shall become available on July 1, 1997 and
shall remain available through September 30, 1998: Pro-
vided further, That the additional amounts appropriated
under this paragraph shall not be taken into account in
determining State allocations under any other program
administered by the Secretary.
RELATED AGENCY
NATIONAL COMMISSION ON THE COST OF HIGHER
EDUCATION
SALARIES AND EXPENSES
For necessary expenses for the National Commission
on the Cost of Higher Education, $650,000, to remain
available until expended.
GENERAL PROVISIONS, CHAPTER 6
SEC. 6001. Notwithstanding any other provision of
law, fiscal year 1995 funds awarded under State-adminis-
tered programs of the Department of Education and funds
awarded for fiscal year 1996 for State-administered pro-
grams under the Rehabilitation Act of the Department of
Education to recipients in Presidentially declared disaster
areas, which were declared as such during fiscal year
1997, are available to those recipients for obligation until
September 30, 1998: Provided, That for the purposes of
assisting those recipients, the Secretary’s waiver authority
under section 14401 of the Elementary and Secondary
Education Act of 1965 shall be extended to all State-ad-
ministered programs of the Department of Education.
This special waiver authority applies only to funds award-
ed for fiscal years 1995, 1996, and 1997.
SEC. 6002. Notwithstanding any other provision of
law, the Secretary of Education may waive or modify any
statutory or regulatory provision applicable to the student
financial aid programs under title IV of the Higher Edu-
cation Act that the Secretary deems necessary to assist
individuals and other program participants who suffered
financial harm from natural disasters and who, at the time
the disaster struck were operating, residing at, or attend-
ing an institution of higher education, or employed within
these areas on the date which the President declared the
existence of a major disaster (or, in the case of an individ-
ual who is a dependent student, whose parent or step-
parent suffered financial harm from such disaster, and
who resided, or was employed in such an area at that
time): Provided further, That such authority shall be in
effect only for awards for award years 1996–1997 and
1997–1998.
SEC. 6003. None of the funds provided in this Act
or in any other Act making appropriations for fiscal year
1997 may be used to administer or implement in Denver,
Colorado, the Medicare Competitive Pricing/Open Enroll-
ment Demonstration, as titled in the April 1, 1997, Final
Request for Proposals (RFP).
SEC. 6004. EMERGENCY USE OF CHILD CARE FUNDS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, during the period beginning on April 30, 1997,
and ending on July 30, 1997, the Governors of the States
described in paragraph (1) of subsection (b) may, subject
to subsection (c), use amounts received for the provision
of child care assistance or services under the Child Care
and Development Block Grant Act of 1990 (42 U.S.C.
9801 et seq.) to provide emergency child care services to
individuals described in paragraph (2) of subsection (b).
(b) ELIGIBILITY.—
(1) OF
STATES.—A State described in this
paragraph is a State in which the President, pursu-
ant to section 401 of the Robert T. Stafford Disas-
ter Relief and Emergency Assistance Act (42 U.S.C.
5121), has determined that a major disaster exists,
or that an area within the State is determined to be
eligible for disaster relief under other Federal law by
reason of damage related to flooding in 1997.
(2) OF INDIVIDUALS.—An individual described
in this subsection is an individual who—
(A) resides within any area in which the
President, pursuant to section 401 of the Rob-
ert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121), has deter-
mined 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 flooding in 1997; and
(B) is involved in unpaid work activities
(including the cleaning, repair, restoration, and
rebuilding of homes, businesses, and schools)
resulting from the flood emergency described in
subparagraph (A).
(c) LIMITATIONS.—
(1) REQUIREMENTS.—With respect to assist-
ance provided to individuals under this section, the
quality, certification and licensure, health and safe-
ty, nondiscrimination, and other requirements appli-
cable under the Federal programs referred to in sub-
section (a) shall apply to child care provided or ob-
tained under this section.
(2) AMOUNT OF FUNDS.—The total amount uti-
lized by each of the States under subsection (a) dur-
ing the period referred to in such subsection shall
not exceed the total amount of such assistance that,
notwithstanding the enactment of this section, would
otherwise have been expended by each such State in
the affected region during such period.
(d) PRIORITY.—In making assistance available under
this section, the Governors described in subsection (a)
shall give priority to eligible individuals who do not have
access to income, assets, or resources as a direct result
of the flooding referred to in subsection (b)(2)(A).
EXTENSION OF SSI REDETERMINATION PROVISIONS
SEC. 6005. (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,’’.
(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.
CHAPTER 7
CONGRESSIONAL OPERATIONS
SENATE
CONTINGENT EXPENSES OF THE SENATE
SECRETARY OF THE SENATE
(TRANSFER OF FUNDS)
For an additional amount for expenses of the ‘‘Office
of the Secretary of the Senate’’, to carry out the provisions
of section 8 of the Legislative Branch Appropriations Act,
1997, $5,000,000, to remain available until September 30,
2000, to be derived by transfer from funds previously ap-
propriated from fiscal year 1997 funds under the heading
‘‘SENATE’’, subject to the approval of the Committee on
Appropriations.
HOUSE OF REPRESENTATIVES
PAYMENTS TO WIDOWS AND HEIRS OF DECEASED
MEMBERS OF CONGRESS
For payment to Marissa, Sonya, and Frank (III)
Tejeda, children of Frank Tejeda, late a Representative
from the State of Texas, $133,600.
OTHER AGENCY
BOTANIC GARDEN
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses, Botanic Garden’’, $33,500,000, to remain avail-
able until expended, for emergency repair and renovation
of the Conservatory.
GENERAL PROVISIONS, CHAPTER 7
SEC. 7001. Section 105(f) of the Legislative Branch
Appropriation Act, 1968 (2 U.S.C. 61–1(f)) is amended
by adding at the end the following: ‘‘The limitation on the
minimum rate of gross compensation under this sub-
section shall not apply to any member or civilian employee
of the Capitol Police whose compensation is disbursed by
the Secretary of the Senate.’’.
SEC. 7002. (a) Notwithstanding any other provision
of law or regulation, with the approval of the Committee
on Rules and Administration of the Senate, the Sergeant
at Arms and Doorkeeper of the Senate is authorized to
provide additional facilities, services, equipment, and office
space for use by a Senator in that Senator’s State in con-
nection with a disaster or emergency declared by the
President under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act. Expenses incurred by the
Sergeant at Arms and Doorkeeper of the Senate under
this section shall be paid from the appropriation account,
within the contingent fund of the Senate, for expenses of
the Office of the Sergeant at Arms and Doorkeeper of the
Senate, upon vouchers signed by the Sergeant at Arms
and Doorkeeper of the Senate with the approval of the
Committee on Rules and Administration of the Senate.
(b) This section is effective on and after the date of
enactment of this Act.
SEC. 7003. (a) Section 2 of Public Law 100–71 (2
U.S.C. 65f) is amended by adding at the end the following:
‘‘(c) Upon the written request of the Secretary of the
Senate, with the approval of the Committee on Appropria-
tions of the Senate, there shall be transferred any amount
of funds available under subsection (a) specified in the re-
quest, but not to exceed $10,000 in any fiscal year, from
the appropriation account (within the contingent fund of
the Senate) for expenses of the Office of the Secretary
of the Senate to the appropriation account for the expense
allowance of the Secretary of the Senate. Any funds so
transferred shall be available in like manner and for the
same purposes as are other funds in the account to which
the funds are transferred.’’.
(b) The amendment made by subsection (a) shall be
effective with respect to appropriations for fiscal years be-
ginning on or after October 1, 1996.
SEC. 7004. The Comptroller General may use avail-
able funds, now and hereafter, to enter into contracts for
the acquisition of severable services for a period that be-
gins in one fiscal year and ends in the next fiscal year
and to enter in multiyear contracts for the acquisition of
property and nonaudit-related services, to the same extent
as executive agencies under the authority of sections 303L
and 304B, respectively, of the Federal Property and Ad-
ministrative Services Act (41 U.S.C. 253l and 254c).
CHAPTER 8
DEPARTMENT OF TRANSPORTATION
COAST GUARD
OPERATING EXPENSES
For an additional amount for ‘‘Operating Expenses’’,
$1,600,000, for necessary expenses directly related to sup-
port activities in the TWA Flight 800 crash investigation,
to remain available until expended.
RETIRED PAY
For an additional amount for ‘‘Retired Pay’’,
$9,200,000.
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: Provided,
That the entire amount is designated 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: Provided further,
That 23 U.S.C. 125(b)(1) shall not apply to projects re-
sulting from the December 1996 and January 1997 flood-
ing in the western States.
FEDERAL-AID HIGHWAYS
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The limitation under this heading in Public Law
104–205 is increased by $694,810,534: Provided, That
such additional authority shall remain available during fis-
cal year 1997: Provided further, That notwithstanding any
other provision of law, the authority provided herein above
shall be distributed to ensure that States receive an
amount they would have received had the Highway Trust
Fund fiscal year 1994 income statement not been under-
stated prior to the revision on December 24, 1996: Pro-
vided further, That notwithstanding any other provision of
law, $318,077,043 of the amount provided herein above
shall be distributed to assure that States receive obligation
authority that they would have received had the Highway
Trust Fund fiscal year 1995 income statement not been
revised on December 24, 1996: Provided further, That the
remaining authority provided herein above shall be distrib-
uted to those States whose share of Federal-aid obligation
limitation under section 310 of Public Law 104–205 is
less than the amount such States received under section
310(a) of Public Law 104–50 in fiscal year 1996 in a ratio
equal to the amounts necessary to bring each such State
to the Federal-aid obligation limitation distributed under
section 310(a) of Public Law 104–50.
FEDERAL RAILROAD ADMINISTRATION
EMERGENCY RAILROAD REHABILITATION AND REPAIR
For necessary expenses to repair and rebuild freight
rail lines of regional and short line railroads or a State
entity damaged by floods, $18,900,000, to be awarded
subject to the discretion of the Secretary on a case-by-
case basis: Provided, That up to $900,000 shall be solely
for damage incurred in West Virginia in September 1996
and $18,000,000 shall be solely for damage incurred in
the Northern Plains States in March and April 1997: Pro-
vided further, That funds provided under this head shall
be available for rehabilitation of railroad rights-of-way,
bridges, and other facilities which are part of the general
railroad system of transportation, and primarily used by
railroads to move freight traffic: Provided further, That
railroad rights-of-way, bridges, and other facilities owned
by class I railroads are not eligible for funding under this
head unless the rights-of-way, bridges or other facilities
are under contract lease to a class II or class III railroad
under which the lessee is responsible for all maintenance
costs of the line: Provided further, That railroad rights-
of-way, bridges and other facilities owned by passenger
railroads, or by tourist, scenic, or historic railroads are
not eligible for funding under this head: Provided further,
That these funds shall be available only to the extent 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 Emer-
gency Deficit Control Act of 1985, as amended, is trans-
mitted 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 re-
main 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, ValuJet Flight 592, and Comair
Flight 3272, and for assistance to families of victims of
aviation accidents as authorized by Public Law 104–264,
$29,859,000, of which $4,877,000 shall remain available
until expended: Provided, 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 notwithstanding any
other provision of law, not more than $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 reimbursements are credited: Provided fur-
ther, That notwithstanding any other provision of law, of
the amount provided to the National Transportation Safe-
ty Board, not more than $6,059,000 shall be made avail-
able to the State of New York and local counties in New
York, as reimbursement for costs incurred in connection
with the crash of TWA Flight 800: Provided further, That
notwithstanding any other provision of law, of the amount
provided, not more than $3,100,000 shall be made avail-
able to Metropolitan Dade County, Florida as reimburse-
ment for costs incurred in connection with the crash of
ValuJet Flight 592: Provided further, That notwithstand-
ing any other provision of law, of the amount provided,
not more than $300,000 shall be made available to Monroe
County, Michigan as reimbursement for costs incurred in
connection with the crash of Comair Flight 3272.
GENERAL PROVISIONS, CHAPTER 8
SEC. 8001. Title I of the Department of Transpor-
tation and Related Agencies Appropriations Act, 1997
(Public Law 104–205) is amended under the heading
‘‘Federal Transit Administration—Discretionary Grants’’
by striking ‘‘$661,000,000’’ and inserting ‘‘$661,000’’.
SEC. 8002. Section 325 of title III of the Department
of Transportation and Related Agencies Appropriations
Act, 1997 (Public Law 104–205) is amended by deleting
all text following: ‘‘Provided, That such funds shall not
be subject to the obligation limitation for Federal-aid
highways and highway safety construction.’’.
SEC. 8003. Section 410(j) of title 23, United States
Code, is amended by striking the period after ‘‘1997’’ and
inserting ‘‘, and an additional $500,000 for fiscal year
1997.’’.
SEC. 8004. Section 30308(a) of title 49, United
States Code, is amended by striking ‘‘and 1996’’ and in-
serting ‘‘, 1996, and 1997’’.
CHAPTER 9
DEPARTMENT OF THE TREASURY
DEPARTMENTAL OFFICES
SALARIES AND EXPENSES
For an additional amount under the heading ‘‘De-
partmental Offices, Salaries and Expenses’’, $1,950,000:
Provided, That the Secretary of the Treasury may utilize
the law enforcement services, personnel, equipment, and
facilities of the State of Colorado, the County of Denver,
and the City of Denver, with their consent, and shall reim-
burse the State of Colorado, the County of Denver, and
the City of Denver for the utilization of such law enforce-
ment services, personnel (for salaries, overtime, and bene-
fits), equipment, and facilities for security arrangements
for the Denver Summit of Eight being held June 20
through June 22, 1997, in Denver, Colorado subject to
verification of appropriate costs.
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.
U.S. POSTAL SERVICE
PAYMENT TO THE POSTAL SERVICE FUND
For an additional amount for the Postal Service
Fund for revenue forgone on free and reduced rate mail,
pursuant to subsection (d) of section 2401 of title 39,
United States Code, $5,383,000.
GENERAL PROVISIONS, CHAPTER 9
SEC. 9001. The Administrator of General Services is
authorized to obligate the funds appropriated in Public
Law 104–208 for construction of the Montgomery, Ala-
bama courthouse.
SEC. 9002. None of the funds appropriated or made
available in this Act or any other Act may be used by the
General Services Administration to implement section
1555 of the Federal Acquisition Streamlining Act of 1994
(Public Law 103–355) prior to the date of adjournment
of the first session of the 105th Congress.
SEC. 9003. (a) The Bureau of Engraving and Print-
ing and the Department of the Treasury shall not award
a contract for Solicitation No. BEP–97–13(TN) or Solici-
tation No. BEP–96–13(TN) until the General Accounting
Office (GAO) has completed a comprehensive analysis of
the optimum circumstances for government procurement
of distinctive currency paper. The GAO shall report its
findings to the House and Senate Committees on Appro-
priations no later than August 1, 1998.
(b) The contractual term of the distinctive currency
paper ‘‘bridge’’ contract shall not exceed 24 months, and
the contract shall not be effective until the Secretary of
the Department of the Treasury certifies that the price
under the terms of any ‘‘bridge’’ contract is fair and rea-
sonable and that the terms of any ‘‘bridge’’ contract are
customary and appropriate according to Federal procure-
ment regulations. In addition, the Secretary of the Treas-
ury shall report to the Committees on Appropriations on
the price and profit levels of any ‘‘bridge’’ contract at the
time of certification.
SEC. 9004. (a) Chapter 63 of title 5, United States
Code, is amended by adding after subchapter V the follow-
ing:
‘‘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
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.’’.
CHAPTER 10
DEPARTMENT OF VETERANS AFFAIRS
VETERANS BENEFITS ADMINISTRATION
COMPENSATION AND PENSIONS
For an additional amount for ‘‘Compensation and
pensions’’, $928,000,000, to remain available until ex-
pended.
ADMINISTRATIVE PROVISION
The Secretary of Veterans Affairs may carry out the
construction of a multi-story parking garage at the De-
partment of Veterans Affairs medical center in Cleveland,
Ohio, in the amount of $12,300,000, and there is author-
ized to be appropriated for fiscal year 1997 for the Park-
ing Revolving Fund account, a total of $12,300,000 for
this project.
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
HOUSING PROGRAMS
ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING
Notwithstanding any other provision of law, of the
$1,000,000 appropriated for special purpose grants in
Public Law 102–139, for a parking garage in Ashland,
Kentucky, $500,000 shall be made available instead for
use in acquiring parking in Ashland, Kentucky and
$500,000 shall be made available instead for the restora-
tion of the Paramount Theater in Ashland, Kentucky.
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.
CAPACITY BUILDING FOR COMMUNITY DEVELOPMENT
AND AFFORDABLE HOUSING
(TRANSFER OF FUNDS)
For ‘‘Capacity building for community development
and affordable housing’’, as authorized by section 4 of the
HUD Demonstration Act of 1993 (Public Law 103–120),
$30,200,000, to remain available until expended, and to
be derived by transfer from the Homeownership and Op-
portunity for People Everywhere Grants account: Pro-
vided, That at least $10,000,000 of the funding under this
head be used in rural areas, including tribal areas.
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, of which $250,000,000 shall become avail-
able for obligation on October 1, 1997, all of which shall
remain available until September 30, 2000, for use only
for buyouts, relocation, long-term recovery, and mitigation
in communities affected by the flooding in the upper Mid-
west and other disasters in fiscal year 1997 and such nat-
ural disasters designated 30 days prior to the start of fis-
cal year 1997, except those activities reimbursable or for
which funds are made available by the Federal Emergency
Management Agency, the Small Business Administration,
or the Army Corps of Engineers: Provided, That in admin-
istering these amounts, the Secretary may waive, or speci-
fy alternative requirements for, any provision of any stat-
ute or regulation that the Secretary administers in connec-
tion with the obligation by the Secretary or the use by
the recipient of these funds, except for statutory require-
ments 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
income pursuant to section 122 of the Housing and Com-
munity Development Act of 1974, and may waive, in whole
or in part, the requirements that housing qualify as af-
fordable housing pursuant to section 290 of the HOME
Investment Partnerships Act: Provided further, That the
entire amount shall be available only to the extent an offi-
cial budget request, that includes designation of the entire
amount of the request as an emergency requirement as
defined by 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 the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended.
MANAGEMENT AND ADMINISTRATION
SALARIES AND EXPENSES
Of the funds appropriated under this head in Public
Law 104–204, the Secretary of Housing and Urban Devel-
opment shall enter into a contract with the National Acad-
emy of Public Administration not to exceed $1,000,000
no later than one month after enactment of this Act for
an evaluation of the Department of Housing and Urban
Development’s management systems.
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
of EPA-approved environmental remediation and rehabili-
tation of publicly owned real property included in the
boundaries of the CERT project.
STATE AND TRIBAL ASSISTANCE GRANTS
The funds appropriated in Public Law 104–204 to
the Environmental Protection Agency under this heading
for grants to States and federally recognized tribes for
multi-media or single media pollution prevention, control,
and abatement and related activities, $674,207,000, may
also be used for the direct implementation by the Federal
Government of a program required by law in the absence
of an acceptable State or tribal program.
FEDERAL EMERGENCY MANAGEMENT AGENCY
DISASTER RELIEF
For an additional amount for ‘‘Disaster relief ’’,
$3,300,000,000, to remain available until expended: Pro-
vided, That $2,300,000,000 shall become available for ob-
ligation on September 30, 1997, but shall not become
available until the Director of the Federal Emergency
Management Agency submits to the Congress a legislative
proposal to control disaster relief expenditures including
the elimination of funding for certain revenue producing
facilities: Provided further, That of the funds made avail-
able under this heading, up to $20,000,000 may be trans-
ferred to the Disaster Assistance Direct Loan Program
for the cost of direct loans as authorized under section
417 of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5121 et seq.): Provided
further, That such transfer may be made to subsidize gross
obligations for the principal amount of direct loans not
to exceed $21,000,000 under section 417 of the Stafford
Act: Provided further, That any such transfer of funds
shall be made only upon certification by the Director of
the Federal Emergency Management Agency that all re-
quirements of section 417 of the Stafford Act will be com-
plied with: Provided further, That the entire amount ap-
propriated herein shall be available only to the extent that
an official budget request for a specific dollar amount,
that includes designation of the entire amount of the re-
quest as an emergency requirement as defined in the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended, is transmitted by the President to Congress:
Provided further, That the entire amount appropriated
herein is designated by Congress as an emergency require-
ment pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended.
GENERAL PROVISIONS, CHAPTER 10
SEC. 10001. The Secretary shall submit semi-annu-
ally to the Committees on Appropriations a list of all con-
tracts and task orders issued under such contracts in ex-
cess of $250,000 which were entered into during the prior
6-month period by the Secretary, the Government Na-
tional Mortgage Association, and the Office of Federal
Housing Enterprise Oversight (or by any officer of the De-
partment of Housing and Urban Development, the Gov-
ernment National Mortgage Association, or the Office of
Federal Housing Enterprise Oversight acting in his or her
capacity to represent the Secretary or these entities). Each
listing shall identify the parties to the contract, the term
100
and amount of the contract, and the subject matter and
responsibilities of the parties to the contract.
SEC. 10002. Section 8(c)(9) of the United States
Housing Act of 1937 is amended by striking out ‘‘Not less
than one year prior to terminating any contract’’ and in-
serting in lieu thereof: ‘‘Not less than 180 days prior to
terminating any contract’’.
SEC. 10003. The first sentence of section 542(c)(4)
of the Housing and Community Development Act of 1992
is amended by striking out ‘‘on not more than 12,000
units during fiscal year 1996’’ and inserting in lieu there-
of: ‘‘on not more than 12,000 units during fiscal year
1996 and not more than an additional 7,500 units during
fiscal year 1997’’.
SEC. 10004. Section 4(a) and (b)(3) of the HUD
Demonstration Act of 1993 is amended by inserting after
‘‘National Community Development Initiative’’: ‘‘, Local
Initiatives Support Corporation, The Enterprise Founda-
tion, Habitat for Humanity, and Youthbuild USA’’.
SEC. 10005. Section 234(c) of the National Housing
Act is amended by inserting after ‘‘203(b)(2)’’ the follow-
ing: ‘‘or pursuant to section 203(h) under the conditions
described in section 203(h)’’.
SEC. 10006. Section 211(b)(4)(B) of the Depart-
ments of Veterans Affairs and Housing and Urban Devel-
101
opment, and Independent Agencies Appropriations Act,
1997 (Public Law 104–204) is amended by inserting the
following at the end: ‘‘The term ‘owner’, as used in this
subparagraph, in addition to it having the same meaning
as in section 8(f) of the United States Housing Act of
1937, also means an affiliate of the owner. The term ‘affil-
iate of the owner’ means any person or entity (including,
but not limited to, a general partner or managing member,
or an officer of either) that controls an owner, is controlled
by an owner, or is under common control with the owner.
The term ‘control’ means the direct or indirect power
(under contract, equity ownership, the right to vote or de-
termine a vote, or otherwise) to direct the financial, legal,
beneficial, or other interests of the owner.’’.
CHAPTER 11
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.
102
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.
FOREIGN AGRICULTURAL SERVICE AND GENERAL SALES
MANAGER
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.
103
DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
WORKING CAPITAL FUND
(RESCISSION)
Of the unobligated balances available under this
heading, $6,400,000 are rescinded.
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.
104
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.
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, $11,180,000 are re-
scinded.
105
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.
POWER MARKETING ADMINISTRATIONS
CONSTRUCTION, REHABILITATION, OPERATION AND
MAINTENANCE, WESTERN AREA POWER ADMINISTRATION
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–206 and prior years’ Energy and Water
Development Appropriations Acts, $11,352,000 are re-
scinded.
106
DEPARTMENT OF HEALTH AND HUMAN
SERVICES
ADMINISTRATION FOR CHILDREN AND FAMILIES
JOB OPPORTUNITIES AND BASIC SKILLS
(RESCISSION)
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 (1) to which each
State is entitled),’’.
107
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
GRANTS-IN-AID FOR AIRPORTS
(AIRPORT AND AIRWAY TRUST FUND)
(RESCISSION OF CONTRACT AUTHORIZATION)
Of the unobligated balances authorized under 49
U.S.C. 48103 as amended, $750,000,000 are rescinded.
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
HIGHWAY TRAFFIC SAFETY GRANTS
(HIGHWAY TRUST FUND)
(RESCISSION OF CONTRACT AUTHORIZATION)
Of the available balances of contract authority under
this heading, $13,000,000 are rescinded.
FEDERAL TRANSIT ADMINISTRATION
TRUST FUND SHARE OF EXPENSES
(HIGHWAY TRUST FUND)
(RESCISSION OF CONTRACT AUTHORIZATION)
Of the available balances of contract authority under
this heading, $271,000,000 are rescinded.
DISCRETIONARY GRANTS
(HIGHWAY TRUST FUND)
(RESCISSION OF CONTRACT AUTHORIZATION)
Of the available balances of contract authority under
this heading, for fixed guideway modernization and bus
activities under 49 U.S.C. 5309(m)(A) and (C),
$588,000,000 are rescinded.
108
INDEPENDENT AGENCY
GENERAL SERVICES ADMINISTRATION
EXPENSES, PRESIDENTIAL TRANSITION
(RESCISSION)
Of the amounts 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
(INCLUDING RESCISSION)
Of the amounts recaptured under this heading during
fiscal year 1997 and prior years, $3,650,000,000 are re-
scinded: Provided, That the Secretary of Housing and
Urban 
Development 
shall 
recapture 
at 
least
$5,800,000,000 in amounts heretofore maintained as sec-
tion 8 reserves made available to housing agencies for ten-
ant-based assistance under the section 8 existing housing
certificate and housing voucher programs: Provided fur-
ther, That all additional section 8 reserve funds of an
amount not less than $2,150,000,000 and any recaptures
(other than funds already designated for other uses) speci-
fied in section 214 of Public Law 104–204 shall be pre-
served under the head ‘‘Section 8 Reserve Preservation
Account’’ for use in extending section 8 contracts expiring
in fiscal year 1998 and thereafter: Provided further, That
109
the Secretary may recapture less than $5,800,000,000
and reserve less than $2,150,000,000 where the Secretary
determines that insufficient section 8 funds are available
for current fiscal year contract obligations: Provided fur-
ther, That the Comptroller General of the United States
shall conduct an audit of all accounts of the Department
of Housing and Urban Development to determine whether
the Department’s systems for budgeting and accounting
for section 8 rental assistance ensure that unexpended
funds do not reach unreasonable levels and that obliga-
tions are spent in a timely manner.
INDEPENDENT AGENCY
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
NATIONAL AERONAUTICS FACILITIES
(RESCISSION)
Of the funds made available under this heading in
Public Law 103–327, $365,000,000 are rescinded.
FUNDS APPROPRIATED TO THE PRESIDENT
UNANTICIPATED NEEDS
(RESCISSION)
Of the funds made available under this heading in
Public Law 103–211 to NASA for ‘‘Space flight, control,
and data communications’’, $4,200,000 are rescinded.
110
TITLE III
GENERAL PROVISIONS—THIS ACT
SEC. 30001. No part of any appropriation contained
in this Act shall remain available for obligation beyond
the current fiscal year unless expressly so provided herein.
BUY-AMERICAN REQUIREMENTS
SEC. 30002. (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-
cy shall provide to each recipient of the assistance
111
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.
SEC. 30003. The Office of Management and Budget
is directed to work with Federal agencies, as appropriate,
to support the extension and revision of Federal grants,
contracts, and cooperative agreements at universities af-
fected by flooding in designated Federal disaster areas
where work on such grants, contracts, and cooperative
agreements was suspended as a result of the flood disas-
ter.
112
TITLE IV—COST OF HIGHER EDUCATION
REVIEW
SEC. 40001. 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. 40002. 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-
114
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
115
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. 40004. 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.
116
(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
117
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-
118
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. 40005. 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.
119
(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
120
(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
121
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. 40006. FUNDING OF COMMISSION.
There is authorized to be appropriated for fiscal year
1997 for carrying out this title, $650,000, to remain avail-
able until expended, or until one year after the termination
of the Commission pursuant to section 40007, whichever
occurs first.
SEC. 40007. 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
40004(b).
TITLE V—DEPOSITORY INSTITUTION DISASTER
RELIEF
SEC. 50001. SHORT TITLE.
This title may be cited as the ‘‘Depository Institu-
tions Disaster Relief Act of 1997’’.
122
SEC. 50002. 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
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.
123
(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.
SEC. 50003. 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
124
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
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.
125
(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.
(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.
126
SEC. 50004. 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
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 tributaries of
such rivers, if the agency determines that the action would
facilitate recovery from the major disaster:
(1) PROCEDURE.—Exercising the agency’s au-
thority under provisions of law other than this sec-
tion without complying with—
(A) any requirement of section 553 of title
5, United States Code; or
(B) any provision of law that requires no-
tice or opportunity for hearing or sets maxi-
mum or minimum time limits with respect to
agency action.