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OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, ARMY
For an additional amount for ‘‘Operation and Mainte-
nance, Army’’, $195,000,000.
OPERATION AND MAINTENANCE, MARINE CORPS
For an additional amount for ‘‘Operation and Mainte-
nance, Marine Corps’’, $900,000.
OPERATION AND MAINTENANCE, AIR FORCE
For an additional amount for ‘‘Operation and Mainte-
nance, Air Force’’, $190,000,000.
OPERATION AND MAINTENANCE, DEFENSE-WIDE
For an additional amount for ‘‘Operation and Mainte-
nance, Defense-Wide’’, $79,800,000.
PROCUREMENT
OTHER PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Other Procurement,
Air Force’’, $26,000,000.
GENERAL PROVISION
(TRANSFER OF FUNDS)
SEC. 801. Section 8005 of the Department of Defense
Appropriations Act, 1996 (Public Law 104–61), is amended
by striking out ‘‘$2,400,000,000’’ and inserting in lieu
thereof ‘‘$2,700,000,000’’.
SEC. 802. Notwithstanding any other provision of law,
funds appropriated in the Department of Defense Appro-
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priations Act, 1996 (Public Law 104–61) under the heading
‘‘Aircraft Procurement, Air Force’’ may be obligated for ad-
vance procurement and procurement of F–15E aircraft.
SEC. 803. Funds appropriated under the heading,
‘‘Aircraft Procurement, Air Force,’’ in Public Laws 104–
61, 103–335, and 103–139 that are or remain available for
C–17 airframes, C–17 aircraft engines, and complementary
widebody aircraft/NDAA may be used for multiyear pro-
curement contracts for C–17 aircraft: Provided, That the
duration of multiyear contracts awarded under the author-
ity of this section may be for a period not to exceed seven
program years, notwithstanding section 2306b(1) of title
10, United States Code: Provided further, That the author-
ity under this section may not be used to enter into a
multiyear procurement contract until the earlier of (1) May
24, 1996, or (2) the day after the date of the enactment
of an Act that contains a provision authorizing the Depart-
ment of Defense to enter into a multiyear contract for the
C–17 aircraft program.
SEC. 804. (a) In addition to the amounts made avail-
able in Public Law 104–61 under the heading ‘‘Research,
Development, 
Test 
and 
Evaluation, 
Defense-Wide’’,
$50,000,000 is hereby made available to continue the activi-
ties of the semiconductor manufacturing consortium known
as Sematech.
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(b) Of the funds made available in Public Law 104–
61 under the heading ‘‘Research, Development, Test and
Evaluation, Army’’, $7,000,000 are rescinded.
(c) Of the funds made available in Public Law 104–
61 under the heading ‘‘Research, Development, Test and
Evaluation, Navy’’, $12,500,000 are rescinded.
(d) Of the funds made available in Public Law 104–
61 under the heading ‘‘Research, Development, Test and
Evaluation, Air Force’’, $16,000,000 are rescinded.
(e) Of the funds made available in Public Law 104–
61 under the heading ‘‘Research, Development, Test and
Evaluation, Defense-Wide’’, $14,500,000 are rescinded.
(f) Of the funds rescinded under subsection (e) of this
provision, none of the reduction shall be applied to the Bal-
listic Missile Defense Organization.
SEC. 805. Of the funds appropriated in title II of Pub-
lic Law 104–61, under the heading ‘‘Overseas Humani-
tarian, Disaster, and Civic Aid’’, for training and activities
related to the clearing of landmines for humanitarian pur-
poses, up to $15,000,000 may be transferred to ‘‘Operations
and Maintenance, Defense Wide’’, to be available for the
payment of travel, transportation and subsistence expenses
of Department of Defense personnel incurred in carrying
out humanitarian assistance activities related to the detec-
tion and clearance of landmines.
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SEC. 806. Notwithstanding any other provision of law,
$15,000,000 made available for ‘‘Operations and Mainte-
nance, Army’’ in P.L. 104–61 shall be obligated for the re-
mediation of environmental contamination at the National
Presto Industries, Inc. site in Eau Claire, Wisconsin. These
funds shall be obligated only for the implementation and
execution of the 1988 agreement between the Department
of the Army and National Presto Industries, Inc.
SEC. 807. (a) Subsection (b) of section 802 of the
David L. Boren National Security Education Act of 1991
(50 U.S.C. 1902) is amended by adding after paragraph
(3), flush to the subsection margin, the following:
‘‘Notwithstanding any other provision of law, including the
matter under the heading ‘NATIONAL SECURITY EDUCATION
TRUST FUND’ in title VII of Public Law 104–61, the work
of an individual accepting a scholarship or fellowship under
the program shall be the work specified in paragraph (2),
or such other work as the individual and the Secretary
agree upon under an agreement having modified service re-
quirements pursuant to subsection (f).’’.
(b) Such section is further amended by adding at the
end the following:
‘‘(f) AUTHORITY TO MODIFY SERVICE AGREEMENT
REQUIREMENTS.—The Secretary shall have sole authority
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to modify, amend, or revise the requirements under sub-
section (b) that apply to service agreements.’’.
(c) Subsection (a) of such section is amended by add-
ing at the end the following:
‘‘(5) EMPLOYMENT OPPORTUNITY OUTREACH.—
The Secretary shall take appropriate actions to make
available to recipients of scholarships or fellowships
under the program information on employment op-
portunities in the departments and agencies of the
Federal Government having responsibility for na-
tional security matters.’’.
SEC. 808. (a)(1) Section 1177 of title 10, United States
Code, relating to mandatory discharge or retirement of
members of the Armed Forces infected with HIV–1 virus,
is repealed.
(2) The table of sections at the beginning of chapter
59 of such title is amended by striking out the item relating
to section 1177.
(b) Subsection (b) of section 567 of the National De-
fense Authorization Act for Fiscal Year 1996 is repealed.
(TRANSFER OF FUNDS)
SEC. 809. Of the funds appropriated or otherwise made
available in title IV of the Department of Defense Appro-
priations Act, 1996 (Public Law 104–61) under the para-
graph ‘‘RESEARCH, DEVELOPMENT, TEST, AND EVALUA-
TION, AIR FORCE’’, $44,900,000 are transferred to and
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merged with funds appropriated or otherwise made avail-
able under title II of that Act under the paragraph ‘‘OPER-
ATION AND MAINTENANCE, AIR FORCE’’ and shall be avail-
able for obligation and expenditure for the operation and
maintenance of 94 B–52H bomber aircraft in active status
or in attrition reserve.
SEC. 810. Of the funds made available in Public Law
104–61 under the heading ‘‘RESEARCH, DEVELOPMENT,
TEST AND EVALUATION, DEFENSE-WIDE’’, $500,000 of the
funds provided for the Advanced Research Projects Agency
may be available to purchase photographic technology to
support research in detonation physics: Provided, That the
Director of Defense Research and Engineering shall provide
the congressional defense committees on appropriations
with a plan for the acquisition and use of this instrument
no later than April 29, 1996.
SEC. 811. Of the funds made available in Public Law
104–61 under the heading ‘‘RESEARCH, DEVELOPMENT,
TEST AND EVALUATION, DEFENSE-WIDE’’, up to $2,000,000
of the funds provided for the Joint DoD-DoE Munitions
Technology Development program element shall be used to
develop and test an open-architecture machine tool control-
ler.
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CHAPTER 9
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION
NORTH ATLANTIC TREATY ORGANIZATION SECURITY
INVESTMENT PROGRAM
For an additional amount for ‘‘North Atlantic Treaty
Organization Security Investment Program’’, $37,500,000,
to remain available until expended: Provided, That the Sec-
retary of Defense may make additional contributions for
the North Atlantic Treaty Organization as provided in sec-
tion 2806 of title 10, United States Code: 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.
GENERAL PROVISIONS
SEC. 901. LAND CONVEYANCE, ARMY RESERVE CENTER,
GREENSBORO, ALABAMA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the
Army may convey, without consideration, to Hale County,
Alabama, all right, title, and interest of the United States
in and to a parcel of real property consisting of approxi-
mately 5.17 acres and located at the Army Reserve Center,
Greensboro, Alabama, that was conveyed by Hale County,
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Alabama, to the United States by warranty deed dated Sep-
tember 12, 1988.
(b) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the property conveyed under sub-
section (a) shall be as described in the deed referred to in
that subsection.
(c) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the conveyance under this section as the
Secretary considers appropriate to protect the interests of
the United States.
CHAPTER 10
RESCINDING CERTAIN BUDGET AUTHORITY
FOREIGN OPERATIONS, EXPORT FINANCING, AND
RELATED PROGRAMS
EXPORT AND INVESTMENT ASSISTANCE
EXPORT-IMPORT BANK OF THE UNITED STATES
SUBSIDY APPROPRIATION
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–107, $25,000,000 are rescinded.
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DEPARTMENT OF DEFENSE—MILITARY
PROCUREMENT
MISSILE PROCUREMENT, AIR FORCE
(RESCISSION)
Of the funds made available under this heading in
Public Law 103–335, $310,000,000 are rescinded.
OTHER PROCUREMENT, AIR FORCE
(RESCISSION)
Of the funds made available under this heading in
Public Law 103–335, $265,000,000 are rescinded.
RESEARCH, DEVELOPMENT, TEST AND
EVALUATION
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR
FORCE
(RESCISSION)
Of the funds made available under this heading in
Public Law 103–335, $245,000,000 are rescinded.
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CHAPTER 11
TREASURY, POSTAL SERVICE AND
GENERAL GOVERNMENT
EXECUTIVE OFFICE OF THE PRESIDENT AND
FUNDS APPROPRIATED TO THE PRESIDENT
OFFICE OF NATIONAL DRUG CONTROL POLICY
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Salaries and Ex-
penses,’’ $3,900,000.
INDEPENDENT AGENCIES
GENERAL SERVICES ADMINISTRATION
FEDERAL BUILDINGS FUND
LIMITATIONS ON AVAILABILITY OF REVENUE
(RESCISSION)
Of the funds made available for installment acquisi-
tion payments under this heading in Public Law 104–52,
$3,500,000 are rescinded: Provided, That of the funds made
available for advance design under this heading in Public
Law 104–52, $200,000 are rescinded: Provided further,
That the aggregate amount made available to the Fund
shall be $5,062,449,000.
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UNITED STATES TAX COURT
SALARIES AND EXPENSES
(RESCISSION)
Of the funds made available under this heading in
public law 104–52, $200,000 are rescinded.
CHAPTER 12
GENERAL PROVISIONS
SEC. 1201. In administering funds provided herein for
domestic assistance, the Secretary of any involved depart-
ment 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 Sec-
retary or any use of the recipient of these funds, except for
the requirement related to civil rights, fair housing and
nondiscrimination, the environment, and labor standards,
upon finding that such waiver is required to facilitate the
obligation and use of such funds would not be inconsistent
with the overall purpose of the statute or regulation.
SEC. 1202. No part of any appropriation contained
in this title shall remain available for obligation beyond
the current fiscal year unless expressly so provided herein.
SEC. 1203. ALLOCATION OF FUNDS.
Notwithstanding any other provision of this title,
funds made available under this title for emergency or dis-
aster assistance programs of the Department of Agriculture,
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Department of Housing and Urban Development, Economic
Development Administration, National Park Service, Small
Business Administration, and United States Fish and
Wildlife Service shall be allocated in accordance with the
established prioritization process of the respective Depart-
ment, Administration, or Service.
DEPARTMENT OF JUSTICE
FEDERAL BUREAU OF INVESTIGATION
SALARIES AND EXPENSES
For an additional amount for emergency expenses nec-
essary to enhance the Federal Bureau of Investigation’s ef-
forts in the United States to combat Middle Eastern terror-
ism, $7,000,000, to remain available until expended: Pro-
vided, That such activities shall include efforts to enforce
Executive Order 12947 (‘‘Prohibiting Transactions with
Terrorists Who Threaten to Disrupt the Middle East Peace
Process’’) to prevent fundraising in the United States on
the behalf of organizations that support terror to undermine
the peace process: Provided further, That the entire amount
is hereby 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: Provided further, That the entire amount shall
be available only to the extent an official budget request,
for a specific dollar amount, that includes designation of
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the entire amount of the request as an emergency require-
ment as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted to
Congress.
DEPARTMENT OF THE TREASURY
DEPARTMENTAL OFFICES
SALARIES AND EXPENSES
For an additional amount for emergency expenses nec-
essary to enhance the Office of Foreign Assets Control’s ef-
forts in the United States to combat Middle Eastern terror-
ism, $3,000,000, to remain available until expended: Pro-
vided, That such activities shall include efforts to enforce
Executive Order 12947 (‘‘Prohibiting Transactions with
Terrorists Who Threaten to Disrupt the Middle East Peace
Process’’) to prevent fundraising in the United States on
the behalf of organizations that support terror to undermine
the peace process: Provided further, That the entire amount
is hereby 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: Provided further, That the entire amount, 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 require-
ment as defined in the Balanced Budget and Emergency
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Deficit Control Act of 1985, as amended, is transmitted to
Congress.
This title may be cited as the ‘‘Emergency Supple-
mental Appropriations Act of 1996’’.
TITLE III—MISCELLANEOUS PROVISIONS
SEC. 3001. The President may make available funds
for population planning activities or other population as-
sistance pursuant to programs under title II and title IV
of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1996, Public Law 104–107,
notwithstanding the provisions of section 518A of such Act,
if he determines and reports to the Congress that the effects
of those restrictions would be that the demand for family
planning services would be less likely to be met and that
there would be a significant increase in abortions than
would otherwise be the case in the absence of such restric-
tions.
SEC. 3002. Section 308(d) of the Interjurisdictional
Fisheries Act of 1986 (16 U.S.C. 4107(d)) is amended—
(1) in the heading, by striking ‘‘GRANTS’’ and
inserting ‘‘ASSISTANCE’’;
(2) in paragraph (1), by striking ‘‘award grants
to persons engaged in commercial fisheries, for unin-
sured losses determined by the Secretary to have been
suffered’’ and inserting ‘‘assist persons engaged in
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commercial fisheries by providing direct assistance to
those persons or by providing indirect assistance to
those persons through assistance to agencies of States
and political subdivisions thereof and to nonprofit or-
ganizations, for projects or other measures designed to
alleviate harm that the Secretary determines was in-
curred’’;
(3) in paragraph (3), by striking ‘‘a grant’’ and
inserting ‘‘direct assistance to a person’’;
(4) by striking ‘‘gross revenues annually,’’ in
paragraph (3) and inserting ‘‘net annual revenue
from commercial fisheries,’’;
(5) by striking paragraph (4) and inserting the
following:
‘‘(4) Assistance may not be provided under this
subsection as part of a fishing capacity reduction
program in a fishery unless the Secretary determines
that—
‘‘(A) adequate conservation and manage-
ment measures are in place in that fishery; and
‘‘(B) adequate measures are in place to pre-
vent the replacement of fishing capacity elimi-
nated by the program in that fishery.’’; and
(6) in paragraph (5), by striking ‘‘for awarding
grants’’ and all that follows through the end of the
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paragraph and inserting ‘‘for providing assistance
under this subsection.’’.
SEC. 3003. BONNEVILLE POWER ADMINISTRATION REFI-
NANCING.
(a) DEFINITIONS.—
For the purposes of this section—
(1) ‘‘Administrator’’ means the Adminis-
trator of the Bonneville Power Administration;
(2) ‘‘capital investment’’ means a capital-
ized cost funded by Federal appropriations
that—
(A) is for a project, facility, or sepa-
rable unit or feature of a project or facility;
(B) is a cost for which the Adminis-
trator is required by law to establish rates
to repay to the United States Treasury
through the sale of electric power, trans-
mission, or other services;
(C) excludes a Federal irrigation in-
vestment; and
(D) excludes an investment financed by
the current revenues of the Administrator or
by bonds issued and sold, or authorized to
be issued and sold, by the Administrator
under section 13 of the Federal Columbia
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River Transmission System Act (16 U.S.C.
838k);
(3) ‘‘new capital investment’’ means a cap-
ital investment for a project, facility, or sepa-
rable unit or feature of a project or facility,
placed in service after September 30, 1996;
(4) ‘‘old capital investment’’ means a cap-
ital investment the capitalized cost of which—
(A) was incurred, but not repaid, be-
fore October 1, 1996, and
(B) was for a project, facility, or sepa-
rable unit or feature of a project or facility,
placed in service before October 1, 1996;
(5) ‘‘repayment date’’ means the end of the
period within which the Administrator’s rates
are to assure the repayment of the principal
amount of a capital investment; and
(6) ‘‘Treasury rate’’ means—
(A) for an old capital investment, a
rate determined by the Secretary of the
Treasury, taking into consideration prevail-
ing market yields, during the month preced-
ing October 1, 1996, on outstanding inter-
est-bearing obligations of the United States
with periods to maturity comparable to the
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principal amount of the old payment amounts
for the old capital investment and whose denomi-
nator is the sum of the principal amounts of the
old payment amounts for all old capital invest-
ments.
(2) DETERMINATION.—With the approval of the
Secretary of the Treasury based solely on consistency
with this section, the Administrator shall determine
the new principal amounts under subsection (b) and
the assignment of interest rates to the new principal
amounts under subsection (c).
(3) OLD PAYMENT AMOUNTS.—For the purposes
of this subsection, ‘‘old payment amounts’’ means, for
an old capital investment, the annual interest and
principal that the Administrator would have paid to
the United States Treasury from October 1, 1996, if
this section had not been enacted, assuming that—
(A) the principal were repaid—
(i) on the repayment date the Adminis-
trator assigned before October 1, 1994, to
the old capital investment, or
(ii) with respect to an old capital in-
vestment for which the Administrator has
not assigned a repayment date before Octo-
ber 1, 1994, on a repayment date the Ad-
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ministrator shall assign to the old capital
investment in accordance with paragraph
10(d)(1) of the version of Department of
Energy Order RA 6120.2 in effect on Octo-
ber 1, 1994; and
(B) interest were paid—
(i) at the interest rate the Adminis-
trator assigned before October 1, 1994, to
the old capital investment, or
(ii) with respect to an old capital in-
vestment for which the Administrator has
not assigned an interest rate before October
1, 1994, at a rate determined by the Sec-
retary of the Treasury, taking into consider-
ation prevailing market yields, during the
month preceding the beginning of the fiscal
year in which the related project, facility,
or separable unit or feature is placed in
service, on outstanding interest-bearing obli-
gations of the United States with periods to
maturity comparable to the period between
the beginning of the fiscal year and the re-
payment date for the old capital invest-
ment.
(c) INTEREST RATE FOR NEW PRINCIPAL AMOUNTS.—
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As of October 1, 1996, the unpaid balance on the
new principal amount established for an old capital
investment under subsection (b) bears interest annu-
ally at the Treasury rate for the old capital invest-
ment until the earlier of the date that the new prin-
cipal amount is repaid or the repayment date for the
new principal amount.
(d) REPAYMENT DATES.—
As of October 1, 1996, the repayment date for the
new principal amount established for an old capital
investment under subsection (b) is no earlier than the
repayment date for the old capital investment as-
sumed in subsection (b)(3)(A).
(e) PREPAYMENT LIMITATIONS.—
During the period October 1, 1996, through Sep-
tember 30, 2001, the total new principal amounts of
old capital investments, as established under sub-
section (b), that the Administrator may pay before
their respective repayment dates shall not exceed
$100,000,000.
(f) INTEREST RATES FOR NEW CAPITAL INVESTMENTS
DURING CONSTRUCTION.—
(1) NEW CAPITAL INVESTMENT.—The principal
amount of a new capital investment includes interest
in each fiscal year of construction of the related
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project, facility, or separable unit or feature at a rate
equal to the one-year rate for the fiscal year on the
sum of—
(A) construction expenditures that were
made from the date construction commenced
through the end of the fiscal year, and
(B) accrued interest during construction.
(2) PAYMENT.—The Administrator is not re-
quired to pay, during construction of the project, fa-
cility, or separable unit or feature, the interest cal-
culated, accrued, and capitalized under subsection
(f)(1).
(3) ONE-YEAR RATE.—For the purposes of this
section, ‘‘one-year rate’’ for a fiscal year means a rate
determined by the Secretary of the Treasury, taking
into consideration prevailing market yields, during
the month preceding the beginning of the fiscal year,
on outstanding interest-bearing obligations of the
United States with periods to maturity of approxi-
mately one year.
(g) INTEREST RATES
FOR NEW CAPITAL INVEST-
MENTS.—
The unpaid balance on the principal amount of
a new capital investment bears interest at the Treas-
ury rate for the new capital investment from the date
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the related project, facility, or separable unit or fea-
ture is placed in service until the earlier of the date
the new capital investment is repaid or the repay-
ment date for the new capital investment.
(h) CREDITS TO ADMINISTRATOR’S REPAYMENT TO
THE UNITED STATES TREASURY.—
The Confederated Tribe of the Colville Reserva-
tion Grand Coulee Dam Settlement Act (Public Law
No. 103–436; 108 Stat. 4577) is amended by striking
section 6 and inserting the following:
‘‘SEC. 6. CREDITS TO ADMINISTRATOR’S REPAYMENT TO
THE UNITED STATES TREASURY
So long as the Administrator makes annual payments
to the tribes under the settlement agreement, the Adminis-
trator shall apply against amounts otherwise payable by
the Administrator to the United States Treasury a credit
that reduces the Administrator’s payment, in the amount
and for each fiscal year as follows: $15,860,000 in fiscal
year 1997; $16,490,000 in fiscal year 1998; $17,150,000 in
fiscal year 1999; $17,840,000 in fiscal year 2000;
$18,550,000 in fiscal year 2001; and $4,600,000 in each
succeeding fiscal year.’’.
(i) CONTRACT PROVISIONS.—
In each contract of the Administrator that pro-
vides for the Administrator to sell electric power,
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transmission, or related services, and that is in effect
after September 30, 1996, the Administrator shall
offer to include, or as the case may be, shall offer to
amend to include, provisions specifying that after
September 30, 1996—
(1) the Administrator shall establish rates
and charges on the basis that—
(A) the principal amount of an old
capital investment shall be no greater than
the new principal amount established under
subsection (b);
(B) the interest rate applicable to the
unpaid balance of the new principal
amount of an old capital investment shall
be no greater than the interest rate estab-
lished under subsection (c);
(C) any payment of principal of an
old capital investment shall reduce the out-
standing principal balance of the old cap-
ital investment in the amount of the pay-
ment at the time the payment is tendered;
and
(D) any payment of interest on the un-
paid balance of the new principal amount
of an old capital investment shall be a cred-
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it against the appropriate interest account
in the amount of the payment at the time
the payment is tendered;
(2) apart from charges necessary to repay
the new principal amount of an old capital in-
vestment as established under subsection (b) and
to pay the interest on the principal amount
under subsection (c), no amount may be charged
for return to the United States Treasury as re-
payment for or return on an old capital invest-
ment, whether by way of rate, rent, lease pay-
ment, assessment, user charge, or any other fee;
(3) amounts provided under section 1304 of
title 31, United States Code, shall be available to
pay, and shall be the sole source for payment of,
a judgment against or settlement by the Admin-
istrator or the United States on a claim for a
breach of the contract provisions required by this
Part; and
(4) the contract provisions specified in this
Part do not—
(A) preclude the Administrator from
recovering, through rates or other means,
any tax that is generally imposed on elec-
tric utilities in the United States, or
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(B) affect the Administrator’s author-
ity under applicable law, including section
7(g) of the Pacific Northwest Electric Power
Planning and Conservation Act (16 U.S.C.
839e(g)), to—
(i) allocate costs and benefits, in-
cluding but not limited to fish and
wildlife costs, to rates or resources, or
(ii) design rates.
(j) SAVINGS PROVISIONS.—
(1) REPAYMENT.—This subchapter does not af-
fect the obligation of the Administrator to repay the
principal associated with each capital investment,
and to pay interest on the principal, only from the
‘‘Administrator’s net proceeds,’’ as defined in section
13 of the Federal Columbia River Transmission Sys-
tem Act (16 U.S.C. 838k(b)).
(2) PAYMENT OF CAPITAL INVESTMENT.—Except
as provided in subsection (e), this section does not af-
fect the authority of the Administrator to pay all or
a portion of the principal amount associated with a
capital investment before the repayment date for the
principal amount.
SEC. 3004. Notwithstanding any other provision of
law, of the amounts made available under the Federal
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Transit Administration’s Discretionary Grants program
for Kauai, Hawaii in Public Law 103–122 and Public Law
103–311, $3,250,000 shall be transferred to and adminis-
tered in accordance with 49 U.S.C. 5307 and made avail-
able for operating expenses to Kauai, Hawaii.
SEC. 3005. The Secretary shall advance emergency re-
lief funds to the State of Missouri for the replacement in
kind of the Hannibal Bridge on the Mississippi River dam-
aged by the 1993 floods notwithstanding the provisions of
section 125 of title 23, United States Code: Provided, That
this provision shall be subject to the Federal Share provi-
sions of section 120, title 123, United States Code.
SEC. 3006. (a) SURFACE TRANSPORTATION PRO-
GRAM.—Notwithstanding section 133 of title 23, United
States Code, for fiscal year 1996 and each subsequent fiscal
year, the State of Vermont may obligate funds apportioned
to the State for the surface transportation program estab-
lished under section 133 of the title for—
(1) construction, reconstruction, rehabilitation,
resurfacing, restoration, and operational improve-
ments for railroads, including any such construction
or reconstruction necessary to accommodate other
transportation modes;
(2) all eligible activities under section 5311 of
title 49, United States Code, and publicly owned rail
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passenger terminals and facilities, including termi-
nals and facilities owned by the National Railroad
Passenger Corporation;
(3) capital costs for passenger rail services; and
(4) beginning in fiscal year 1997, operating costs
for passenger rail services.
(b) CONGESTION MITIGATION AND AIR QUALITY IM-
PROVEMENT PROGRAM.—Notwithstanding section 149 of
title 23, United States Code, for fiscal year 1996 and each
subsequent fiscal year, the State of Vermont may obligate
funds apportioned to the State for the congestion mitigation
and air quality improvement program established under the
section for a transportation project or program that—
(1) is for an area in the State described in the
matter preceding paragraph (1) of section 149(b) of
the title; and
(2) will have air quality benefits through con-
struction of, and operational improvements for, inter-
city passenger rail facilities, operation of intercity
passenger rail trains, and acquisition of rolling stock
for intercity passenger rail service, except that not
more than 50 percent of the amount received by the
State for a fiscal year under this subsection may be
obligated for operating support.
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SEC. 3007. Any funds heretofore appropriated and
made available in Public Law 102–104 and Public Law
102–377 to carry out the provisions for the project for navi-
gation, St. Louis Harbor, Missouri and Illinois; may be
utilized by the Secretary of the Army in carrying out the
Upper Mississippi and Illinois Waterway System Naviga-
tion Study, Iowa, Illinois, Missouri, Wisconsin, Minnesota,
in fiscal year 1996 or until expended.
SEC. 3008. The Secretary of Health and Human Serv-
ices shall grant a waiver of the requirements set forth in
section 1903(m)(2)(A)(ii) of the Social Security Act to D.C.
Chartered Health Plan, Inc. of the District of Columbia:
Provided, That such waiver shall be deemed to have been
in place for all contract periods from October 1, 1991
through the current contract period or October 1, 1999,
whichever shall be later.
SEC. 3009. Of the funds appropriated by Public Law
104–37 or otherwise made available to the Food Safety and
Inspection Service for fiscal year 1996, not less than
$363,000,000 shall be available for salaries and benefits of
in-plant personnel: Provided, That this limitation shall not
apply if the Secretary of Agriculture certifies to the House
and Senate Committees on Appropriations that a lesser
amount will be adequate to fully meet in-plant inspection
requirements for the fiscal year.
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SEC. 3010. The appropriation for the Arms Control
and Disarmament Agency in Public Law 103–317 (108
Stat. 1768) is amended by deleting after ‘‘until expended’’
the following: ‘‘only for activities related to the implementa-
tion of the Chemical Weapons Convention’’: Provided, That
amounts made available shall not be used to undertake new
programs or to increase employment above levels on board
at the time of enactment of this Act.
SEC. 3011. Section 347(b)(3) of the Department of
Transportation and Related Agencies Appropriations Act,
1996 (P.L. 104–50), is amended to read as follows:
‘‘(3) chapter 71, relating to labor-management
relations,’’.
SEC. 3012. Within its Mission to Planet Earth pro-
gram, NASA is urged to fund Phase A studies for a radar
satellite initiative.
SEC. 3013. ESTABLISHMENT OF PROHIBITION AGAINST
ABORTION-RELATED 
DISCRIMINATION 
IN
TRAINING AND LICENSING OF PHYSICIANS.
Part B of title II of the Public Health Service Act (42
U.S.C. 238 et seq.) is amended by adding at the end the
following section:
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‘‘ABORTION-RELATED DISCRIMINATION IN GOVERNMENTAL
ACTIVITIES REGARDING TRAINING AND LICENSING OF
PHYSICIANS
‘‘SEC. 245. (a) IN GENERAL.—The Federal Govern-
ment, and any State or local government that receives Fed-
eral financial assistance, may not subject any health care
entity to discrimination on the basis that—
‘‘(1) the entity refuses to undergo training in the
performance of induced abortions, to require or pro-
vide such training, to perform such abortions, or to
provide referrals for such training or such abortions;
‘‘(2) the entity refuses to make arrangements for
any of the activities specified in paragraph (1); or
‘‘(3) the entity attends (or attended) a post-
graduate physician training program, or any other
program of training in the health professions, that
does not (or did not) perform induced abortions or re-
quire, provide or refer for training in the performance
of induced abortions, or make arrangements for the
provision of such training.
‘‘(b) ACCREDITATION OF POSTGRADUATE PHYSICIAN
TRAINING PROGRAMS.—
‘‘(1) IN GENERAL.—In determining whether to
grant a legal status to a health care entity (including
a license or certificate), or to provide such entity with
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financial assistance, services or other benefits, the
Federal Government, or any State or local govern-
ment that receives Federal financial assistance, shall
deem accredited any postgraduate physician training
program that would be accredited but for the accredit-
ing agency’s reliance upon an accreditation standards
that requires an entity to perform an induced abor-
tion or require, provide, or refer for training in the
performance of induced abortions, or make arrange-
ments for such training, regardless of whether such
standard provides exceptions or exemptions. The gov-
ernment involved shall formulate such regulations or
other mechanisms, or enter into such agreements with
accrediting agencies, as are necessary to comply with
this subsection.
‘‘(2) RULES OF CONSTRUCTION.—
‘‘(A) 
IN
GENERAL.—With 
respect 
to
subclauses (I) and (II) of section 705(a)(2)(B)(i)
(relating to a program of insured loans for
training in the health professions), the require-
ments in such subclauses regarding accredited
internship or residency programs are subject to
paragraph (1) of this subsection.
‘‘(B) 
EXCEPTIONS.—This 
section 
shall
not—
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‘‘(i) prevent any health care entity
from voluntarily electing to be trained, to
train, or to arrange for training in the per-
formance of, to perform, or to make referrals
for induced abortions; or
‘‘(ii) prevent an accrediting agency or
a Federal, State or local government from
establishing standards of medical com-
petency applicable only to those individuals
who have voluntarily elected to perform
abortions.
‘‘(c) DEFINITIONS.—For purposes of this section:
‘‘(1) The term ‘financial assistance’, with respect
to a government program, includes governmental pay-
ments provided as reimbursement for carrying out
health-related activities.
‘‘(2) The term ‘health care entity’ includes an in-
dividual physician, a postgraduate physician train-
ing program, and a participant in a program of
training in the health professions.
‘‘(3) The term ‘postgraduate physician training
program’ includes a residency training program.’’.
SEC. 3014. (a) The Senate finds that:
(1) Record low temperatures across the country
this winter, coupled with record snowfalls in many
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areas, have generated substantial and sustained de-
mand among eligible low-income Americans for home
heating assistance, and put many who face heating-
related crises at risk.
(2) Home heating assistance for working and
low-income families with children, the elderly on fixed
incomes, the disabled, and others who need such help
is a critical part of the social safety net in cold-
weather areas.
(3) The President has released approximately
$900,000,000 in regular Low Income Home Energy
Assistance Program (LIHEAP) funding for this year,
compared to a funding level of $1,319,000,000 last
year, and a large LIHEAP funding shortfall remains
which has adversely affected eligible recipients in
many cold-weather States.
(4) LIHEAP is a highly targeted, cost-effective
way to help approximately 6 million low-income
Americans to pay their energy bills. More than two-
thirds of LIHEAP-eligible households have annual in-
comes of less than $8,000; more than one-half have
annual incomes below $6,000.
(5) LIHEAP program funding has been substan-
tially reduced in recent years, and cannot sustain
any further spending cuts if the program is to remain
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a viable means of meeting the home heating and other
energy-related needs of low-income people in cold-
weather States.
(6) Traditionally, LIHEAP has received advance
appropriations for the next fiscal year. This allows
States to properly plan for the upcoming winter and
best serve the energy needs of low-income families.
(7) Congress was not able to pass an appropria-
tions bill for the Departments of Labor, Health and
Human Services, and Education by the beginning of
this fiscal year and it was only because LIHEAP re-
ceived advance appropriations last fiscal year that
the President was able to release the $578,000,000 he
did in December—the bulk of the funds made avail-
able to the States this winter.
(8) There is currently available to the President
up to $300,000,000 in emergency LIHEAP funding,
which could be made available immediately, on a tar-
geted basis, to meet the urgent home heating needs of
eligible persons who otherwise could be faced with
heating-related emergencies, including shut-offs, in the
coming weeks.
(b) Therefore, it is the sense of the Senate that—
(1) the President should release immediately a
substantial portion of available emergency funding
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for the Low Income Home Energy Assistance Pro-
gram for fiscal year 1996, to help meet continuing ur-
gent needs for home heating assistance during this
unusually cold winter; and
(2) not less than the $1,000,000,000 in regular
advance-appropriated LIHEAP funding for next win-
ter provided for in this bill should be retained in a
House-Senate conference on this measure.
SEC. 3015. LAND EXCHANGE
(a) SHORT TITLE.—This section may be cited as the
‘‘Greens Creek Land Exchange Act of 1996’’.
(b) FINDINGS.—The Congress makes the following
findings:
(1) The Alaska National Interest Lands Con-
servation Act established the Admiralty Island Na-
tional Monument and sections 503 and 504 of that
Act provided special provisions under which the
Greens Creek Claims would be developed. The provi-
sions supplemented the general mining laws under
which these claims were staked.
(2) The Kennecott Greens Creek Mining Com-
pany, Inc., currently holds title to the Greens Creek
Claims, and the area surrounding these claims has
further mineral potential which is yet unexplored.
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(3) Negotiations between the United States For-
est Service and the Kennecott Greens Creek Mining
Company, Inc., have resulted in an agreement by
which the area surrounding the Greens Creek Claims
could be explored and developed under terms and con-
ditions consistent with the protection of the values of
the Admiralty Island National Monument.
(4) The full effectuation of the Agreement, by its
terms, requires the approval and ratification by Con-
gress.
(c) DEFINITIONS.—As used in this section—
(1) the term ‘‘Agreement’’ means the document
entitled the ‘‘Greens Creek Land Exchange Agree-
ment’’ executed on December 14, 1994, by the Under
Secretary of Agriculture for Natural Resources and
Environment on behalf of the United States and the
Kennecott Greens Creek Mining Company and
Kennecott Corporation;
(2) the term ‘‘ANILCA’’ means the Alaska Na-
tional Interest Lands Conservation Act, Public Law
96–487 (94 Stat. 2371);
(3) the term ‘‘conservation system unit’’ has the
same meaning as defined in section 102(4) of
ANILCA;
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(4) the term ‘‘Greens Creek Claims’’ means those
patented mining claims of Kennecott Greens Creek
Mining Company within the Monument recognized
pursuant to section 504 of ANILCA;
(5) the term ‘‘KGCMC’’ means the Kennecott
Greens Creek Mining Company, Inc., a Delaware cor-
poration;
(6) the term ‘‘Monument’’ means the Admiralty
Island National Monument in the State of Alaska es-
tablished by section 503 of ANILCA;
(7) the term ‘‘Royalty’’ means Net Island Re-
ceipts Royalty as that latter term is defined in Ex-
hibit C to the Agreement; and
(8) the term ‘‘Secretary’’ means the Secretary of
Agriculture.
(d) RATIFICATION OF THE AGREEMENT.—The Agree-
ment is hereby ratified and confirmed as to the duties and
obligations of the United States and its agencies, and
KGCMC and Kennecott Corporation, as a matter of Federal
law. The agreement may be modified or amended, without
further action by the Congress, upon written agreement of
all parties thereto and with notification in writing being
made to the appropriate committees of the Congress.
(e) IMPLEMENTATION OF THE AGREEMENT.—
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(1) LAND ACQUISITION.—Without diminishment
of any other land acquisition authority of the Sec-
retary in Alaska and in furtherance of the purposes
of the Agreement, the Secretary is authorized to ac-
quire lands and interests in land within conservation
system units in the Tongass National Forest, and any
land or interest in land so acquired shall be adminis-
tered by the Secretary as part of the National Forest
System and any conservation system unit in which it
is located. Priority shall be given to acquisition of
non-Federal lands within the Monument.
(2) ACQUISITION FUNDING.—There is hereby es-
tablished in the Treasury of the United States an ac-
count entitled the ‘Greens Creek Land Exchange Ac-
count’ into which shall be deposited the first
$5,000,000 in royalties received by the United States
under part 6 of the Agreement after the distribution
of the amounts pursuant to paragraph (3) of this sub-
section. Such moneys in the special account in the
Treasury may, to the extent provided in appropria-
tions Acts, be used for land acquisition pursuant to
paragraph (1) of this subsection.
(3) TWENTY-FIVE PERCENT FUND.—All royalties
paid to the United States under the Agreement shall
be subject to the 25 percent distribution provisions of
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the Act of May 23, 1908, as amended (16 U.S.C. 500)
relating to payments for roads and schools.
(4) MINERAL
DEVELOPMENT.—Notwithstanding
any provision of ANILCA to the contrary, the lands
and interests in lands being conveyed to KGCMC
pursuant to the Agreement shall be available for min-
ing and related activities subject to and in accordance
with the terms of the Agreement and conveyances
made thereunder.
(5) ADMNISTRATION.—The Secretary of Agri-
culture is authorized to implement and administer
the rights and obligations of the Federal Government
under the Agreement, including monitoring the Gov-
ernment’s interests relating to extralateral rights, col-
lecting royalties, and conducting audits. The Sec-
retary may enter into cooperative arrangements with
other Federal agencies for the performance of any
Federal rights or obligations under the Agreement or
this Act.
(6) REVERSIONS.—Before reversion to the United
States of KGCMC properties located on Admiralty Is-
land, KGCMC shall reclaim the surface disturbed in
accordance with an approved plan of operations and
applicable laws and regulations. Upon reversion to
the United States of KGCMC properties located on
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Admiralty, those properties located within the Monu-
ment shall become part of the Monument and those
properties lying outside the Monument shall be man-
aged as part of the Tongass National Forest.
(7) SAVINGS
PROVISIONS.—Implementation of
the Agreement in accordance with this section shall
not be deemed a major Federal action significantly
affecting the quality of the human environment, nor
shall implementation require further consideration
pursuant to the National Historic Preservation Act,
title VIII of ANILCA, or any other law.
(f) RECISION RIGHTS.—Within 60 days of the enact-
ment of this section, KGCMC and Kennecott Corporation
shall have a right to rescind all rights under the Agreement
and this section. Recision shall be effected by a duly author-
ized resolution of the Board of Directors of either KGCMC
or Kennecott Corporation and delivered to the Chief of the
Forest Service at the Chief’s principal office in Washington.
District of Columbia. In the event of a recision, the status
quo ante provisions of the Agreement shall apply.
SEC. 3016. SEAFOOD SAFETY.
Notwithstanding any other provision of law, any do-
mestic fish or fish product produced in compliance with
food safety standards or procedures accepted by the Food
and Drug Administration as satisfying the requirements of
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the ‘‘Procedures for the Safe and Sanitary Processing and
Importing of Fish and Fish Products’’ (published by the
Food and Drug Administration as a final regulation in the
Federal Register of December 18, 1995), shall be deemed to
have met any inspection requirements of the Department
of Agriculture or other Federal agency for any Federal com-
modity purchase program, including the program author-
ized under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c) except that the Department of Agriculture or
other Federal agency may utilize lot inspection to establish
a reasonable degree of certainty that fish or fish products
purchased under a Federal commodity purchase program,
including the program authorized under section 32 of the
Act of August 24, 1935 (7 U.S.C. 612c), meet Federal prod-
uct specifications.
SEC. 3017. CONTINUED OPERATION OF AN EXISTING HY-
DROELECTRIC FACILITY IN MONTANA.
(a) Notwithstanding section 10(e)(1) of the Federal
Power Act (16 U.S.C. 803(e)(1)) or any other law requiring
payment to the United States of an annual or other charge
for the use, occupancy, and enjoyment of land by the holder
of a license issued by the Federal Energy Regulatory Com-
mission under part I of the Federal Power Act (16 U.S.C.
792 et seq.) for project numbered 1473: Provided, That the
current licensee receives no payment or consideration for
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the transfer of the license a political subdivision of the State
of Montana that accepts the license—
(1) shall not be required to pay such charges
during the 5-year period following the date of accept-
ance; and
(2) after that 5-year period, and for so long as
the political subdivision holds the license, shall not be
required to pay such charges that exceed 100
percentum of the net revenues derived from the sale of
electric power from the project.
(b) The provisions of subsection (a) shall not be effec-
tive if—
(1) a competing license application is filed with-
in 90 days of the date of enactment of this Act; or
(2) the Federal Energy Regulatory Commission
issues an order within 90 days of the date of enact-
ment of this Act which makes a determination that in
the absence of the reduction in charges provided by
subsection (a) the license transfer will occur.
SEC. 3018. SENSE OF THE SENATE REGARDING THE
BUDGET TREATMENT
OF FEDERAL DISASTER ASSIST-
ANCE.—It is the sense of the Senate that the conference on
S. 1594, making omnibus consolidated rescissions and ap-
propriations for the fiscal year ending September 30, 1996,
and for other purposes, shall find sufficient funding reduc-
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tions to offset the costs of providing any Federal disaster
assistance.
SEC. 3019. SENSE OF THE SENATE REGARDING THE
BUDGET TREATMENT
OF FEDERAL DISASTER ASSIST-
ANCE.—It is the sense of the Senate that Congress and the
relevant committees of the Senate shall examine the manner
in which Federal disaster assistance is provided and de-
velop a long-term funding plan for the budgetary treatment
of any Federal assistance, providing for such funds out of
existing budget allocation rather than taking the expendi-
tures off budget and adding to the Federal deficit.
SEC. 3020. None of the funds made available by this
Act or any previous Act shall be expended if such expendi-
ture would cause total fiscal year 1996 non-defense discre-
tionary expenditures for:
(1) Agriculture, rural development and related
programs or activities contained in this or prior year
Acts to exceed $13,581,000,000;
(2) Commerce, Justice, State, the Judiciary and
related programs or activities contained in this or
prior year Acts to exceed $23,762,000,000;
(3) Energy and water development programs or
activities contained in this or prior year Acts to ex-
ceed $9,272,000,000;
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(4) Foreign operations programs or activities
contained in this or prior year Acts to exceed
$13,867,000,000;
(5) Interior and related programs or activities
contained in this or prior year Acts to exceed
$13,215,000,000;
(6) Labor, Health and Human Services, Edu-
cation and related programs or activities contained
in this or prior year Acts to exceed $68,565,000,000;
(7) Transportation and related programs or ac-
tivities contained in this or prior year Acts to exceed
$36,756,000,000; and
(8) Veterans Affairs, Housing and independent
agencies’ programs or activities contained in this or
prior year Acts to exceed $74,270,000,000: Provided,
That the President shall report to the Committees on
Appropriations within 30 days of the enactment into
law of this Act on the implementation of this section:
Provided further, That no more than 50 percent of the
funds appropriated or otherwise made available for
obligation for non-defense programs and activities in
TITLE II—EMERGENCY APPROPRIATIONS—of
this Act and containing an emergency designation
shall be expended until the report mentioned in the
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preceding proviso is transmitted to the Committees on
Appropriations.
SEC. 3021. WALLA WALLA MEDICAL CENTER.
(a) Designation.—The Walla Walla Veterans Medical
Center located at 77 Wainwright Drive, Walla Walla,
Washington, shall be known and designated as the ‘‘Jona-
than M. Wainwright Memorial VA Medical Center’’.
(b) References.—Any reference in a law, map, regula-
tion, document, paper, or other record of the United States
to the Walla Walla Veterans Medical Center referred to in
subsection (a) shall be deemed to be a reference to the ‘‘Jona-
than M. Wainwright Memorial VA Medical Center’’.
SEC. 3022. PLAN FOR ALLOCATION OF HEALTH CARE RE-
SOURCES BY DEPARTMENT OF VETERANS AF-
FAIRS.
(a) PLAN.—(1) The Secretary of Veterans Affairs shall
develop a plan for the allocation of health care resources
(including personnel and funds) of the Department of Veter-
ans Affairs among the health care facilities of the Depart-
ment so as to ensure that veterans having similar economic
status, eligibility priority and, or, similar medical condi-
tions who are eligible for medical care in such facilities have
similar access to such care in such facilities regardless of
the region of the United States in which such veterans re-
side.
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(2) The Plan shall reflect, to the maximum extent pos-
sible, the Veterans Integrated Service Network, as well as
the Resource Planning and Management System developed
by the Department of Veterans Affairs to account for fore-
casts in expected workload and to ensure fairness to facili-
ties that provide cost-efficient health care, and shall include
procedures to identify reasons for variations in operating
costs among similar facilities and ways to improve the allo-
cation of resources so as to promote efficient use of resources
and provision of quality health care.
(3) The Secretary shall prepare the plan in consulta-
tion with the Under Secretary of Health of the Department
of Veterans Affairs.
(b) PLAN ELEMENTS.—The plan under subsection (a)
shall set forth—
(1) milestones for achieving the goal referred to
in that subsection; and
(2) a means of evaluating the success of the Sec-
retary in meeting the goals through the plan.
(c) SUBMITTAL TO CONGRESS.—The Secretary shall
submit to Congress the plan developed under subsection (a)
not later than 180 days after the date of the enactment of
this Act.
(d) PLAN IMPLEMENTATION.—The Secretary shall im-
plement the plan developed under subsection (a) within 60
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HR 3019 EAS
days of submitting such plan to Congress under subsection
(b), unless within such period the Secretary notifies the ap-
propriate Committees of Congress that such plan will not
be implemented along with an explanation of why such
plan will not be implemented.
SEC. 3023. COMPOSITION OF NATIONAL COMMISSION ON
RESTRUCTURING THE INTERNAL REVENUE
SERVICE.
(a) IN GENERAL.—Section 637(b)(2) of the Treasury,
Postal Service, and General Government Appropriations
Act, 1996 (Public Law 104–52, 109 Stat. 509) is amend-
ed—
(1) by striking ‘‘thirteen’’ and inserting ‘‘seven-
teen’’, and
(2) in subparagraphs (B) and (D)—
(A) by striking ‘‘Two’’ and inserting
‘‘Four’’, and
(B) by striking ‘‘one from private life’’ and
inserting ‘‘three from private life’’.
(b) EFFECTIVE DATE.—The amendments made by this
section shall take effect as if included in the provisions of
the Treasury, Postal Service, and General Government Ap-
propriations Act, 1996.