H. R. 1469—33
be open to the public, and notice of each hearing shall
be provided in media of general circulation within the
State at least 14 days prior to each such hearing. The
Secretary of the Interior shall publish a public record of
each hearing.
(C) The Commission shall make its recommendations
and all decisions by consensus, or failing all reasonable
attempts at consensus, by majority vote. The Commission
shall keep a record of its discussions. The Commission
may, by majority vote, open its meetings to the public.
If the Commission does conduct public meetings, it shall
provide public notice of the time and place at least seven
days in advance of each such meeting.
(D) The Commission shall submit its recommendations
to the Secretary of the Interior by March 1, 1998. Not
later than 15 days prior to this date, the Commission
shall provide a draft of its recommendations to the Gov-
ernor of each affected State, and shall include any letters
submitted by such Governors with respect to such rec-
ommendations as an appendix to the Commission’s submis-
sion to the Secretary of the Interior.
(3) REVIEW BY SECRETARY; SUBMISSION TO CONGRESS.—The
Secretary of the Interior shall review and either approve or
disapprove of the Commission’s recommendations in their
entirety by March 31, 1998. If the Secretary of the Interior
approves of the Commission’s recommendations, the Secretary
shall submit all of the Commission’s recommendations to the
Committee on Energy and Natural Resources of the Senate
and the Committee on Resources of the House of Representa-
tives by April 1, 1998. If the Secretary of the Interior dis-
approves of the Commission’s recommendations, the Secretary
shall state the reasons in writing for such disapproval and
send a copy of such reasons with the Commission’s rec-
ommendations to the Congress.
(4) CONGRESSIONAL PROCEDURE.—
(A) INTRODUCTION.—The Chairman of the Committee
on Energy and Natural Resources of the Senate and the
Chairman of the Committee on Resources of the House
of Representatives (or their designees) shall introduce the
Commission’s recommendations as a bill in their respective
Houses no later than 10 calendar days after such rec-
ommendations are approved and submitted by the Sec-
retary of the Interior pursuant to paragraph (3). The provi-
sions of this paragraph hereinafter set forth shall not apply
to any bill containing the recommendations of the Commis-
sion if the Secretary of the Interior disapproves the
Commission’s recommendations under paragraph (3).
(B) CONSIDERATION IN THE HOUSE.—
(i) Any committee of the House of Representatives
to which a bill introduced pursuant to subsection (A)
is referred shall report it, with or without amendment
and with or without recommendation, not later than
60 days of session after the date of such referral.
If any committee fails to report the bill within that
period, it is in order to move that the House discharge
the committee from further consideration of the bill.
A motion to discharge the bill may only be made by
H. R. 1469—34
a member favoring the bill (but only at a time or
place designated by the Speaker in the legislative
schedule of the day after the calendar day on which
the member offering the motion announces to the
House his intention to do so and the form of the
motion). The motion is highly privileged. Debate
thereon shall be limited to not more than one hour,
the time to be divided in the House equally between
a proponent and opponent. The previous question shall
be considered as ordered on the motion to its adoption
without intervening motion. A motion to reconsider
the vote by which the motion was agreed to or dis-
agreed to shall not be in order.
(ii) After a bill introduced pursuant to subpara-
graph (A) is reported or a committee has been dis-
charged from further consideration, it is in order to
move that the House resolve into the Committee of
the Whole House on the State of the Union for consider-
ation of the bill. If reported and the report has been
available for at least one calendar day, all points of
order against the bill and against consideration of the
bill are waived. If discharged, all points of order against
the bill and against consideration of the bill are waived.
The motion is highly privileged. A motion to reconsider
the vote by which the motion was agreed to or dis-
agreed to shall not be in order. During consideration
of the bill in the Committee of the Whole, the first
reading of the bill shall be dispensed with. General
debate shall proceed, shall be confined to the bill, and
shall not exceed four hours equally divided and con-
trolled by a proponent and opponent of the bill. The
bill shall be considered as read for amendment under
the five-minute rule. Only one motion to rise shall
be in order, except if offered by the manager. Consider-
ation of the bill for amendment shall not exceed four
hours excluding time for recorded votes and quorum
calls. At the conclusion of the consideration of the
bill for amendment, the Committee shall rise and
report the bill to the House with such amendments
as may have been adopted. The previous question shall
be considered as ordered on the bill and amendments
thereto to final passage without intervening motion.
A motion to reconsider the vote on passage of the
bill shall not be in order.
(iii) Appeals from the decision of the Chair regard-
ing application of the rules of the House of Representa-
tives to the procedure relating to a bill introduced
pursuant to subparagraph (A) shall be decided without
debate.
(iv) It shall not be in order to consider under
this subparagraph more than one bill introduced pursu-
ant to subparagraph (A) except for consideration of
a Senate bill introduced pursuant to subparagraph (A).
(C) CONSIDERATION IN THE SENATE.—
(i) A bill introduced pursuant to subparagraph (A)
shall be referred to the appropriate committee or
committees. A committee to which the bill is referred
H. R. 1469—35
shall report the bill not later than 60 days of session
after such referral. If any committee fails to report
the bill within that period, that committee shall be
automatically discharged from further consideration of
the bill and the bill shall be placed on the calendar.
(ii) A motion to proceed to consideration of a bill
introduced pursuant to subparagraph (A) and reported
or automatically discharged pursuant to subparagraph
(C)(i) shall not be debatable. It shall not be in order
to move to reconsider the vote by which the motion
to proceed was adopted or rejected, although subse-
quent motions to proceed may be made under this
clause.
(iii) After no more than 30 hours of consideration
of a bill introduced pursuant to subparagraph (A), the
Senate shall proceed, without intervening action or
debate, to vote on final disposition thereof to the exclu-
sion of all amendments not then pending and to the
exclusion of all motions, except a motion to reconsider
or to table. The time for debate on the bill shall be
equally divided between the Majority Leader and the
Minority Leader or their designees.
(iv) Only relevant amendments to the bill shall
be in order. Debate on any amendment shall be limited
to one hour, equally divided and controlled by the
Senator proposing the amendment and the majority
manager, unless the majority manager is in favor of
the amendment, in which case the minority manager
shall be in control of the time in opposition.
(v) A motion to recommit a bill introduced pursu-
ant to subparagraph (A) shall not be in order.
(vi) If the Senate receives a message from the
House on a bill introduced pursuant to subparagraph
(A), consideration in the Senate of all motions, amend-
ments, or appeals necessary to dispose of such message
shall be limited to four hours, equally divided in the
usual form.
(D) EXERCISE OF RULEMAKING POWERS.—The provisions
of this paragraph are enacted by the Congress—
(i) as an exercise of the rulemaking power of the
House of Representatives and the Senate, respectively,
and as such they shall be considered as part of the
rules of each House, respectively, or of that House
to which they specifically apply, and such rules shall
supersede other rules only to the extent they are
inconsistent therewith; and
(ii) with full recognition of the Constitutional right
of either House to change such rules (so far as to
relating to such House) at any time, in the same man-
ner, and to the same extent as in the case of any
other rule of such House.
(5) APPLICABILITY OF OTHER LAW.—
(A) NO
EXPRESS
AUTHORIZATION.—This section shall
not be construed as an express authorization for any final
rule or regulation under any law.
H. R. 1469—36
(B) FEDERAL ADVISORY COMMITTEE ACT.—The Federal
Advisory Committee Act (5 U.S.C. App. 2) shall not apply
to the Commission established by this section.
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 inserting after
‘‘$140,000,000’’ the following: ‘‘: Provided further, That the Secretary
may use up to $499,000 derived by transfer from insurance pre-
miums 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 ‘‘Children and
Families Services Programs’’ is amended by inserting 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 expended: 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 Concentration Grants, which shall be allo-
cated, notwithstanding 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 Appropriations
Act, 1997, smaller allocations for Grants to Local Educational Agen-
cies 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 difference 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 para-
graph is less than its 1996 allocation for that subpart, that State
H. R. 1469—37
shall receive, 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 Concentra-
tion 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 Concentration
Grants that are in the same proportion, respectively, 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 calculated entirely on the
basis of 1990 census data): Provided further, That the funds appro-
priated 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-administered programs of
the Department of Education and funds awarded for fiscal year
1996 for State-administered programs 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-administered programs of the Depart-
ment of Education. This special waiver authority applies only to
funds awarded 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 regu-
latory provision applicable to the student financial aid programs
under title IV of the Higher Education Act that the Secretary
deems necessary to assist individuals and other program partici-
pants who suffered financial harm from natural disasters and who,
at the time the disaster struck were operating, residing at, or
H. R. 1469—38
attending 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 individual who is a
dependent student, whose parent or stepparent 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 Enrollment 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 provision 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, pursuant to section 401 of
the Robert T. Stafford Disaster Relief and Emergency Assist-
ance 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 sub-
section is an individual who—
(A) resides within any area in which the President,
pursuant to section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121),
has determined 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 assistance provided
to individuals under this section, the quality, certification and
licensure, health and safety, nondiscrimination, and other
requirements applicable under the Federal programs referred
to in subsection (a) shall apply to child care provided or obtained
under this section.
(2) AMOUNT OF FUNDS.—The total amount utilized by each
of the States under subsection (a) during 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.
H. R. 1469—39
(d) PRIORITY.—In making assistance available under this sec-
tion, 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 sub-
section (b)(2)(A).
EXTENSION OF SSI REDETERMINATION PROVISIONS
SEC. 6005. (a) Section 402(a)(2)(D)(i) of the Personal Respon-
sibility 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 inserting ‘‘September 30,
1997,’’; and
(2) in subclause (III), by striking ‘‘the date of the redeter-
mination 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 Reconciliation 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 appropriated 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, chil-
dren 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 Expenses, Botanic
Garden’’, $33,500,000, to remain available until expended, for emer-
gency repair and renovation of the Conservatory.
H. R. 1469—40
GENERAL PROVISIONS, CHAPTER 7
SEC. 7001. Section 105(f) of the Legislative Branch Appropria-
tion 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 subsection 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 connection with a disaster or emergency declared by the
President under the Robert T. Stafford Disaster Relief and Emer-
gency 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 Appropriations of the Senate,
there shall be transferred any amount of funds available under
subsection (a) specified in the request, but not to exceed $10,000
in any fiscal year, from the appropriation account (within the contin-
gent 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 beginning on or
after October 1, 1996.
SEC. 7004. The Comptroller General may use available funds,
now and hereafter, to enter into contracts for the acquisition of
severable services for a period that begins 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 sec-
tions 303L and 304B, respectively, of the Federal Property and
Administrative 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 support activities in the
H. R. 1469—41
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 Con-
trol Act of 1985, as amended: Provided further, That 23 U.S.C.
125(b)(1) shall not apply to projects resulting from the December
1996 and January 1997 flooding in the western States.
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 fiscal 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 understated
prior to the revision on December 24, 1996: Provided 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 distributed
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
H. R. 1469—42
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:
Provided 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 Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress: Provided further, That the entire amount
is designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That
all funds made available under this head are to remain available
until September 30, 1997.
RELATED AGENCY
NATIONAL TRANSPORTATION SAFETY BOARD
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’, for
emergency expenses resulting from the crashes 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 avail-
able until expended: Provided, 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 emer-
gency requirement as defined in the Balanced Budget and Emer-
gency 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 fur-
ther, 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
H. R. 1469—43
the appropriation to which such reimbursements are credited: Pro-
vided further, That notwithstanding any other provision of law,
of the amount provided to the National Transportation Safety
Board, not more than $6,059,000 shall be made available to the
State of New York and local counties in New York, as reimburse-
ment 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 available to Metropolitan Dade County, Florida as
reimbursement for costs incurred in connection with the crash
of ValuJet Flight 592: Provided further, That notwithstanding 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 Transportation 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 construc-
tion.’’.
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 inserting ‘‘, 1996, and
1997’’.
CHAPTER 9
DEPARTMENT OF THE TREASURY
DEPARTMENTAL OFFICES
SALARIES AND EXPENSES
For an additional amount under the heading ‘‘Departmental
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 reimburse the State of Colorado, the County of Denver,
and the City of Denver for the utilization of such law enforcement
services, personnel (for salaries, overtime, and benefits), 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.
H. R. 1469—44
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 reve-
nue 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, Alabama 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 Printing and
the Department of the Treasury shall not award a contract for
Solicitation No. BEP–97–13(TN) or Solicitation No. BEP–96–13(TN)
until the General Accounting Office (GAO) has completed a com-
prehensive 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 Appropriations
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 reasonable and that the terms of any ‘‘bridge’’
contract are customary and appropriate according to Federal
procurement regulations. In addition, the Secretary of the Treasury
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 following:
‘‘SUBCHAPTER VI—LEAVE TRANSFER IN DISASTERS AND
EMERGENCIES
‘‘§ 6391. Authority for leave transfer program in disasters
and emergencies
‘‘(a) For the purpose of this section—
‘‘(1) ‘employee’ means an employee as defined in section
6331(1); and
H. R. 1469—45
‘‘(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 substan-
tial number of employees, the President may direct the Office
of Personnel Management to establish an emergency leave transfer
program under which any employee in any agency may donate
unused annual leave for transfer to employees of the same or
other agencies who are adversely affected by such disaster or emer-
gency.
‘‘(c) The Office shall establish appropriate requirements for
the operation of the emergency leave transfer program under sub-
section (b), including appropriate limitations 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 prescribe 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 following:
‘‘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 expended.
ADMINISTRATIVE PROVISION
The Secretary of Veterans Affairs may carry out the construc-
tion of a multi-story parking garage at the Department of Veterans
Affairs medical center in Cleveland, Ohio, in the amount of
$12,300,000, and there is authorized to be appropriated for fiscal
year 1997 for the Parking Revolving Fund account, a total of
$12,300,000 for this project.
H. R. 1469—46
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
restoration 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 conjunction with prop-
erties that are eligible for assistance under the Low-Income Housing
Preservation and Resident Homeownership Act of 1990 or the Emer-
gency 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 interrupted 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 prepay, or by the Secretary and a State rent regulatory
agency 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 restric-
tions 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 afford-
able 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 Homeowner-
ship and Opportunity 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 development block
grants fund’’, as authorized under title I of the Housing and Commu-
nity Development Act of 1974, $500,000,000, of which $250,000,000
shall become available 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 Midwest and
H. R. 1469—47
other disasters in fiscal year 1997 and such natural disasters des-
ignated 30 days prior to the start of fiscal 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 administering these amounts, the Secretary may waive, or specify
alternative requirements for, any provision of any statute or regula-
tion that the Secretary administers in connection with the obligation
by the Secretary or the use by the recipient of these funds, except
for statutory requirements related to civil rights, fair housing and
nondiscrimination, the environment, and labor standards, upon a
finding that such waiver is required to facilitate the use of such
funds, and would not be inconsistent with the overall purpose
of the statute: Provided further, That the Secretary of Housing
and Urban Development shall publish a notice in the Federal Reg-
ister governing the use of community development block grants
funds in conjunction with any program administered by the Director
of the Federal Emergency Management Agency for buyouts for
structures in disaster areas: Provided further, That for any funds
under this head used for buyouts in conjunction with any program
administered by the Director of the Federal Emergency Manage-
ment Agency, each State or unit of general local government
requesting funds from the Secretary of Housing and Urban Develop-
ment for buyouts shall submit a plan to the Secretary which must
be approved by the Secretary as consistent with the requirements
of this program: Provided further, That the Secretary of Housing
and Urban Development and the Director of the Federal Emergency
Management Agency shall submit quarterly reports to the House
and Senate Committees on Appropriations on all disbursements
and uses of funds for or associated with buyouts: Provided further,
That for purposes of disasters eligible under this head the Secretary
of Housing and Urban Development may waive, on a case-by-case
basis and upon such other terms as the Secretary may specify,
in whole or in part, the requirements that activities benefit persons
of low- and moderate-income pursuant to section 122 of the Housing
and Community Development Act of 1974, and may waive, in whole
or in part, the requirements that housing qualify as affordable
housing pursuant to section 290 of the HOME Investment Partner-
ships Act: Provided further, That the entire amount shall be avail-
able only to the extent an official 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 entire amount
is designated by the Congress as an emergency requirement pursu-
ant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
MANAGEMENT AND ADMINISTRATION
SALARIES AND EXPENSES
Of the funds appropriated under this head in Public Law 104–
204, the Secretary of Housing and Urban Development shall enter
into a contract with the National Academy 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.
H. R. 1469—48
INDEPENDENT AGENCIES
ENVIRONMENTAL PROTECTION AGENCY
BUILDINGS AND FACILITIES
From the amounts appropriated under this heading in prior
appropriation Acts for the Center for Ecology Research and Training
(CERT), the Environmental Protection Agency (EPA) shall, after
the closing of the period for filing CERT-related claims pursuant
to the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (42 U.S.C. 4601 et seq.), obligate the maximum
amount of funds necessary to settle all outstanding 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 rehabilitation 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 Environ-
mental 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: Provided, That $2,300,000,000
shall become available for obligation on September 30, 1997, but
shall not become available until the Director of the Federal Emer-
gency Management Agency submits to the Congress a legislative
proposal to control disaster relief expenditures including the elimi-
nation of funding for certain revenue producing facilities: Provided
further, That of the funds made available under this heading,
up to $20,000,000 may be transferred 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
Emergency 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 requirements of section 417 of the Stafford Act will be complied
with: Provided further, That the entire amount appropriated 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 request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of
H. R. 1469—49
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 requirement 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-annually to the
Committees on Appropriations a list of all contracts and task orders
issued under such contracts in excess of $250,000 which were
entered into during the prior 6-month period by the Secretary,
the Government National Mortgage Association, and the Office
of Federal Housing Enterprise Oversight (or by any officer of the
Department of Housing and Urban Development, the Government
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 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 inserting 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 Hous-
ing and Community Development Act of 1992 is amended by strik-
ing out ‘‘on not more than 12,000 units during fiscal year 1996’’
and inserting in lieu thereof: ‘‘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 Foundation, 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 following: ‘‘or pursuant
to section 203(h) under the conditions described in section 203(h)’’.
SEC. 10006. Section 211(b)(4)(B) of the Departments of Veterans
Affairs and Housing and Urban Development, 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 ‘affiliate 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 deter-
mine a vote, or otherwise) to direct the financial, legal, beneficial,
or other interests of the owner.’’.
H. R. 1469—50
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.
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 emerging democracies facilities guarantees at a level which
exceeds $3,500,000,000.
EXPORT ENHANCEMENT PROGRAM
None of the funds appropriated or otherwise made available
in Public Law 104–180 shall be used to pay the salaries and
expenses of personnel to carry out an export enhancement program
if the aggregate amount of funds and/or commodities under such
program exceeds $10,000,000.
DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
WORKING CAPITAL FUND
(RESCISSION)
Of the unobligated balances available under this heading,
$6,400,000 are rescinded.
LEGAL ACTIVITIES
ASSETS FORFEITURE FUND
(RESCISSION)
Of the amounts made available to the Attorney General on
October 1, 1996, from surplus balances declared in prior years
H. R. 1469—51
pursuant to 28 U.S.C. 524(c), authority to obligate $3,000,000 of
such funds in fiscal year 1997 is rescinded.
IMMIGRATION AND NATURALIZATION SERVICE
CONSTRUCTION
(RESCISSION)
Of the unobligated balances under this heading from amounts
made available in Public Law 103–317, $1,000,000 are rescinded.
DEPARTMENT OF COMMERCE
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
INDUSTRIAL TECHNOLOGY SERVICES
(RESCISSION)
Of the unobligated balances available under this heading for
the Advanced Technology Program, $7,000,000 are rescinded.
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 rescinded.
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: Pro-
vided, That funds made available in previous appropriations Acts
H. R. 1469—52
shall be available for any ongoing 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 rescinded.
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 enti-
tled),’’.
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.
H. R. 1469—54
for use in extending section 8 contracts expiring in fiscal year
1998 and thereafter: Provided further, That 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 obliga-
tions: Provided further, 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 obligations 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 commu-
nications’’, $4,200,000 are rescinded.
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 REGARDING NOTICE.—
(1) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PROD-
UCTS.—In the case of any equipment or product that may
be authorized to be purchased with financial assistance pro-
vided using funds made available in this Act, it is the sense
of the Congress that entities receiving the assistance should,
in expending the assistance, purchase only American-made
equipment and products.
(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing
financial assistance using funds made available in this Act,
H. R. 1469—55
the head of each Federal agency shall provide to each recipient
of the assistance a notice describing the statement made in
paragraph (1) by the Congress.
(c) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY LABEL-
ING PRODUCTS AS MADE IN AMERICA.—If it has been finally deter-
mined by a court or Federal agency that any person intentionally
affixed a label bearing a ‘‘Made in America’’ inscription, or any
inscription with the same meaning, to any product sold in or shipped
to the United States that is not made in the United States, the
person shall be ineligible to receive any contract or subcontract
made with funds made available in this Act, pursuant to the debar-
ment, suspension, and ineligibility 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 exten-
sion and revision of Federal grants, contracts, and cooperative
agreements at universities affected by flooding in designated Fed-
eral disaster areas where work on such grants, contracts, and
cooperative agreements was suspended as a result of the flood
disaster.
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 Education’’ (hereafter in this
title referred to as the ‘‘Commission’’).
SEC. 40003. MEMBERSHIP OF COMMISSION.
(a) APPOINTMENT.—The Commission shall be composed of 11
members as follows:
(1) Three individuals shall be appointed by the Speaker
of the House.
(2) Two individuals shall be appointed by the Minority
Leader of the House.
(3) Three individuals shall be appointed by the Majority
Leader of the Senate.
(4) Two individuals shall be appointed by the Minority
Leader of the Senate.
H. R. 1469—56
(5) One individual shall be appointed by the Secretary
of Education.
(b) ADDITIONAL
QUALIFICATIONS.—Each of the individuals
appointed under subsection (a) shall be an individual with expertise
and experience in higher education finance (including the financing
of State institutions of higher education), Federal financial aid
programs, education economics research, public or private higher
education administration, or business executives who have managed
successful cost reduction programs.
(c) CHAIRPERSON
AND VICE CHAIRPERSON.—The members of
the Commission shall elect a Chairperson and a Vice Chairperson.
In the absence of the Chairperson, the Vice Chairperson will assume
the duties of the Chairperson.
(d) QUORUM.—A majority of the members of the Commission
shall constitute a quorum for the transaction of business.
(e) APPOINTMENTS.—All appointments under subsection (a)
shall be made within 30 days after the date of enactment of this
Act. In the event that an officer authorized to make an appointment
under subsection (a) has not made such appointment within such
30 days, the appointment may be made for such officer as follows:
(1) the Chairman of the Committee on Education and the
Workforce may act under such subsection for the Speaker of
the House of Representatives;
(2) the Ranking Minority Member of the Committee 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 subsection for the Majority
Leader of the Senate; and
(4) the Ranking Minority Member of the Committee on
Labor and Human Resources may act 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 Commis-
sion shall receive no additional pay, allowances, or benefits by
reason of their service on the Commission. Members appointed
from among private citizens of the United States may be allowed
travel expenses, including per diem, in lieu of subsistence, as
authorized by law for persons serving intermittently in the govern-
ment 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 Commis-
sion shall study and make findings and specific recommendations
regarding the following:
(1) The increase in tuition compared with other commod-
ities and services.
(2) Innovative methods of reducing or stabilizing tuition.
H. R. 1469—57
(3) Trends in college and university administrative costs,
including administrative staffing, ratio of administrative staff
to instructors, ratio of administrative staff to students, remu-
neration of administrative staff, and remuneration of college
and university presidents or chancellors.
(4) Trends in (A) faculty workload and remuneration
(including the use of adjunct faculty), (B) faculty-to-student
ratios, (C) number of hours spent in the classroom by faculty,
and (D) tenure practices, and the impact of such trends on
tuition.
(5) Trends in (A) the construction and renovation of aca-
demic and other collegiate facilities, and (B) the modernization
of facilities to access and utilize new technologies, and the
impact of such trends on tuition.
(6) The extent to which increases in institutional financial
aid and tuition discounting have affected 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 institutions
or major fields of study, and the extent to which Federal finan-
cial 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 reducing 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 affected 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 appropriate 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 Commis-
sion, a report which shall contain a detailed statement of the
findings and conclusions of the Commission, including the
Commission’s recommendations for administrative and legisla-
tive action that the Commission considers advisable.
(2) MAJORITY
VOTE
REQUIRED
FOR
RECOMMENDATIONS.—
Any recommendation described in paragraph (1) shall be made
by the Commission to the President and to the Congress only
if such recommendation is adopted by a majority vote of the
members of the Commission who are present and voting.
(3) EVALUATION OF DIFFERENT CIRCUMSTANCES.—In making
any findings under subsection (a) of this section, the Commis-
sion 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 population, and
the availability of the institution’s resources, including the size
of the institution’s endowment.
H. R. 1469—58
SEC. 40005. POWERS OF COMMISSION.
(a) HEARINGS.—The Commission may, for the purpose of carry-
ing out this title, hold such hearings and sit and act at such
times and places, as the Commission may find advisable.
(b) RULES AND REGULATIONS.—The Commission may adopt such
rules and regulations as may be necessary to establish the Commis-
sion’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 request from the
head of any Federal agency or instrumentality 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 (commonly referred to as
the Freedom of Information Act), furnish such information to
the Commission, upon request made by the Chairperson of
the Commission.
(2) FACILITIES AND SERVICES, PERSONNEL DETAIL AUTHOR-
IZED.—Upon request of the Chairperson of the Commission,
the head of any Federal agency or instrumentality shall, to
the extent possible 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
(B) detail any of the personnel of such agency or
instrumentality to the Commission, on a nonreimbursable
basis, to assist the Commission in carrying out the Commis-
sion’s duties under this title.
(d) MAILS.—The Commission may use the United States mails
in the same manner and under the same conditions 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 conducting research or surveys nec-
essary to enable the Commission 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 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 available until
H. R. 1469—59
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 required 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 Institutions Disaster
Relief Act of 1997’’.
SEC. 50002. TRUTH IN LENDING ACT; EXPEDITED FUNDS AVAILABILITY
ACT.
(a) TRUTH IN LENDING ACT.—During the 240-day period begin-
ning 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 transactions within an area in which the Presi-
dent, 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 Minnesota River, and the tributaries of
such rivers, if the Board determines that the exception can reason-
ably be expected 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 reason-
ably be expected to alleviate hardships to the public resulting
from such disaster that outweigh possible adverse effects.
(c) TIME LIMIT ON EXCEPTIONS.—Any exception made under
this section shall expire not later than September 1, 1998.
(d) PUBLICATION REQUIRED.—The Board of Governors 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 institution 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
attributable 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
H. R. 1469—60
Robert T. Stafford Disaster Relief and Emergency Assist-
ance 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, 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 prin-
cipal 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 deposits; and
(2) the subtraction is consistent with the purpose 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 February 28, 1999.
(c) DEFINITIONS.—For purposes of this section:
(1) APPROPRIATE
FEDERAL
BANKING
AGENCY.—The term
‘‘appropriate Federal banking agency’’ 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 Insurance 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 PRO-
CEEDS.—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 determina-
tion referred to in subsection (a)(1)(A), because of the deposit
of insurance payments or governmental assistance made with
respect to damage caused by, or other costs resulting from,
the major disaster.
SEC. 50004. BANKING AGENCY PUBLICATION REQUIREMENTS.
(a) IN GENERAL.—A qualifying regulatory agency may take
any of the following actions with respect to depository 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. 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 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 authority under
provisions of law other than this section without complying
with—
H. R. 1469—61
(A) any requirement of section 553 of title 5, United
States Code; or
(B) any provision of law that requires notice or oppor-
tunity for hearing or sets maximum or minimum time
limits with respect to agency action.
(2) PUBLICATION REQUIREMENTS.—Making exceptions, with
respect to institutions or other entities for which the agency
is the primary Federal regulator, to—
(A) any publication requirement with respect to
establishing branches or other deposit-taking facilities; or
(B) any similar publication requirement.
(b) PUBLICATION REQUIRED.—A qualifying regulatory agency
shall publish in the Federal Register a statement that—
(1) describes any action taken under this section; and
(2) explains the need for the action.
(c) QUALIFYING REGULATORY AGENCY DEFINED.—For purposes
of this section, the term ‘‘qualifying regulatory agency’’ means—
(1) the Board of Governors of the Federal Reserve System;
(2) the Comptroller of the Currency;
(3) the Director of the Office of Thrift Supervision;
(4) the Federal Deposit Insurance Corporation;
(5) the Financial Institutions Examination Council;
(6) the National Credit Union Administration; and
(7) with respect to chapter 53 of title 31, United States
Code, the Secretary of the Treasury.
(d) EXPIRATION.—Any exception made under this section shall
expire not later than February 28, 1998.
SEC. 50005. SENSE OF THE CONGRESS.
(a) FINANCIAL SERVICES.—It is the sense of the Congress that
the Board of Governors of the Federal Reserve System, the
Comptroller of the Currency, the Director of the Office of Thrift
Supervision, the Federal Deposit Insurance Corporation, and the
National Credit Union Administration should encourage depository
institutions to meet the financial services needs of their commu-
nities and customers located in areas affected by the 1997 flooding
of the Red River of the North, the Minnesota River, and the tribu-
taries of such rivers.
(b) APPRAISAL STANDARDS.—It is the sense of the Congress
that each Federal financial institutions regulatory agency should,
by regulation or order, make exceptions to the appraisal standards
prescribed by title XI of the Financial Institutions Reform, Recovery,
and Enforcement Act of 1989 (12 U.S.C. 3331 et seq.) for trans-
actions involving institutions for which the agency is the primary
Federal regulator with respect to real property located within a
disaster area pursuant to section 1123 of the Financial Institutions
Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3352),
if the agency determines that the exceptions can reasonably be
expected to alleviate hardships to the public resulting from such
disaster that outweigh possible adverse effects.
SEC. 50006. OTHER AUTHORITY NOT AFFECTED.
No provision of this title shall be construed as limiting the
authority of any department or agency under any other provision
of law.
H. R. 1469—62
TITLE VI—TECHNICAL AMENDMENTS WITH RESPECT TO
EDUCATION
SEC. 60001. TECHNICAL AMENDMENTS RELATING TO DISCLOSURES
REQUIRED WITH RESPECT TO GRADUATION RATES.
(a) AMENDMENTS.—Section 485 of the Higher Education Act
of 1965 (20 U.S.C. 1092) is amended—
(1) in subsection (a)(3)(B), by striking ‘‘June 30’’ and insert-
ing ‘‘August 31’’; and
(2) in subsection (e)(9), by striking ‘‘August 30’’ and insert-
ing ‘‘August 31’’.
(b) EFFECTIVE DATES.—
(1) IN GENERAL.—Except as provided in paragraph (2),
the amendments made by subsection (a) are effective upon
enactment.
(2) INFORMATION DISSEMINATION.—No institution shall be
required to comply with the amendment made by subsection
(a)(1) before July 1, 1998.
SEC. 60002. DATE EXTENSION.
Section 1501(a)(4) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6491(a)(4)) is amended by striking ‘‘January
1, 1998’’ and inserting ‘‘January 1, 1999’’.
SEC. 60003. TIMELY FILING OF NOTICE.
Notwithstanding any other provision of law, the Secretary of
Education shall deem Kansas and New Mexico to have timely
submitted under section 8009(c)(1) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7709(c)(1)) the States’ written
notices of intent to consider payments described in section 8009(b)(1)
of the Act (20 U.S.C. 7709(b)(1)) in providing State aid to local
educational agencies for school year 1997–1998, except that the
Secretary may require the States to submit such additional informa-
tion as the Secretary may require, which information shall be
considered part of the notices.
SEC. 60004. HOLD HARMLESS PAYMENTS.
Section 8002(h)(1) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7702(h)(1)) is amended—
(1) in subparagraph (A), by striking ‘‘or’’ after the semi-
colon;
(2) in subparagraph (B), by striking the period and insert-
ing ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(C) for fiscal year 1997 and each succeeding fiscal
year through fiscal year 2000 shall not be less than 85
percent of the amount such agency received for fiscal year
1996 under subsection (b).’’.
SEC. 60005. DATA.
(a) IN GENERAL.—Section 8003(f)(4) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703(f)(4)) is amended—
(1) in subparagraph (A)—
(A) by inserting ‘‘expenditure,’’ after ‘‘revenue,’’; and
(B) by striking the semicolon and inserting a period;
(2) by striking ‘‘the Secretary’’ and all that follows through
‘‘shall use’’ and inserting ‘‘the Secretary shall use’’; and
(3) by striking subparagraph (B).
H. R. 1469—63
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall apply with respect to fiscal years after fiscal year 1997.
SEC. 60006. PAYMENTS RELATING TO FEDERAL PROPERTY.
Section 8002(i) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7702(i)) is amended to read as follows:
‘‘(i) PRIORITY PAYMENTS.—
‘‘(1) IN
GENERAL.—Notwithstanding subsection (b)(1)(B),
and for any fiscal year beginning with fiscal year 1997 for
which the amount appropriated to carry out this section exceeds
the amount so appropriated for fiscal year 1996—
‘‘(A) the Secretary shall first use the excess amount
(not to exceed the amount equal to the difference of (i)
the amount appropriated to carry out this section for fiscal
year 1997, and (ii) the amount appropriated to carry out
this section for fiscal year 1996) to increase the payment
that would otherwise be made under this section to not
more than 50 percent of the maximum amount determined
under subsection (b) for any local educational agency
described in paragraph (2); and
‘‘(B) the Secretary shall use the remainder of the excess
amount to increase the payments to each eligible local
educational agency under this section.
‘‘(2) LOCAL EDUCATIONAL AGENCY DESCRIBED.—A local edu-
cational agency described in this paragraph is a local edu-
cational agency that—
‘‘(A) received a payment under this section for fiscal
year 1996;
‘‘(B) serves a school district that contains all or a
portion of a United States military academy;
‘‘(C) serves a school district in which the local tax
assessor has certified that at least 60 percent of the real
property is federally owned; and
‘‘(D) demonstrates to the satisfaction of the Secretary
that such agency’s per-pupil revenue derived from local
sources for current expenditures is not less than that reve-
nue for the preceding fiscal year.’’.
SEC. 60007. TIMELY FILING UNDER SECTION 8003.
The Secretary of Education shall treat as timely filed, and
shall process for payment, an amendment to an application for
a fiscal year 1997 payment from a local educational agency under
section 8003 of the Elementary and Secondary Education Act of
1965 if—
(1) that agency is described in subsection (a)(3) of that
section, as amended by section 376 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104–201);
(2) that agency was not described in that subsection prior
to that amendment; and
(3) the Secretary received the amendment to the agency’s
application prior to the enactment of this Act.
H. R. 1469—64
TITLE VII—FOOD STAMP PROGRAM
STATE OPTION TO ISSUE FOOD STAMP BENEFITS TO CERTAIN
INDIVIDUALS MADE INELIGIBLE BY WELFARE REFORM
(a) IN GENERAL.—Section 7 of the Food Stamp Act of 1977
(7 U.S.C. 2016) is amended—
(1) in subsection (a), by inserting after ‘‘necessary, and’’
the following: ‘‘(except as provided in subsection (j))’’; and
(2) by adding at the end the following:
‘‘(j) STATE OPTION TO ISSUE BENEFITS TO CERTAIN INDIVIDUALS
MADE INELIGIBLE BY WELFARE REFORM.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
law, a State agency may, with the approval of the Secretary,
issue benefits under this Act to an individual who is ineligible
to participate in the food stamp program solely as a result
of section 6(o)(2) of this Act or section 402 or 403 of the
Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (8 U.S.C. 1612 or 1613).
‘‘(2) STATE PAYMENTS TO SECRETARY.—
‘‘(A) IN GENERAL.—Not later than the date the State
agency issues benefits to individuals under this subsection,
the State agency shall pay the Secretary, in accordance
with procedures established by the Secretary, an amount
that is equal to—
‘‘(i) the value of the benefits; and
‘‘(ii) the costs of printing, shipping, and redeeming
coupons, and other Federal costs, incurred in providing
the benefits, as determined by the Secretary.
‘‘(B) CREDITING.—Notwithstanding section 3302(b) of
title 31, United States Code, payments received under
subparagraph (A) shall be credited to the food stamp pro-
gram appropriation account or the account from which
the costs were drawn, as appropriate, for the fiscal year
in which the payment is received.
‘‘(3) REPORTING.—To be eligible to issue benefits under
this subsection, a State agency shall comply with reporting
requirements established by the Secretary to carry out this
subsection.
‘‘(4) PLAN.—To be eligible to issue benefits under this sub-
section, a State agency shall—
‘‘(A) submit a plan to the Secretary that describes
the conditions and procedures under which the benefits
will be issued, including eligibility standards, benefit levels,
and the methodology the State agency will use to determine
amounts due the Secretary under paragraph (2); and
‘‘(B) obtain the approval of the Secretary for the plan.
‘‘(5) VIOLATIONS.—A sanction, disqualification, fine, or other
penalty prescribed under Federal law (including sections 12
and 15) shall apply to a violation committed in connection
with a coupon issued under this subsection.
‘‘(6) INELIGIBILITY FOR ADMINISTRATIVE REIMBURSEMENT.—
Administrative and other costs incurred in issuing a benefit
under this subsection shall not be eligible for Federal funding
under this Act.
H. R. 1469—65
‘‘(7) EXCLUSION FROM ENHANCED PAYMENT ACCURACY SYS-
TEMS.—Section 16(c) shall not apply to benefits issued under
this subsection.’’.
(b) CONFORMING AMENDMENTS.—Section 17(b)(1)(B)(iv) of the
Food Stamp Act of 1977 (7 U.S.C. 2026(b)(1)(B)(iv)) is amended—
(1) in subclause (V), by striking ‘‘or’’ at the end;
(2) in subclause (VI), by striking the period at the end
and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(VII) waives a provision of section 7(j).’’.
TITLE VIII—2000 DECENNIAL CENSUS
(a) The Congress finds that—
(1) the decennial enumeration of the population is one
of the most critical constitutional functions our government
performs;
(2) it is the goal that the decennial enumeration of the
population be as accurate as possible, consistent with the Con-
stitution;
(3) the Constitution clearly states that the census is to
be an ‘‘actual enumeration’’ of the population, and section 195
of title 13, United States Code, states that sampling cannot
be used for purposes of the apportionment of Representatives
in Congress among the several States;
(4) the proposed use of statistical sampling by the Bureau
of the Census exposes taxpayers to the unacceptable risk of
an inaccurate, invalid and unconstitutional census; and
(5) Congress is committed to providing the level of funding
that is required to perform the entire range of constitutional
census activities, with a particular emphasis on accurately
enumerating all individuals that have historically been under-
counted, and toward this end, the Congress is eager to see
aggressive and innovative promotion and outreach campaigns
in hard-to-count communities, the hiring of enumerators within
those localities, continued cooperation with local government
on address list development, and maximizing census employ-
ment opportunities for individuals seeking to make the transi-
tion from welfare to work.
(b)(1) Section 141(a) of title 13, United States Code, is amended
by adding at the end the following: ‘‘Notwithstanding any other
provision of law, no sampling or any other statistical procedure,
including any statistical adjustment, may be used in any determina-
tion of population for purposes of the apportionment of Representa-
tives in Congress among the several States.’’.
(2) The amendment made by this subsection shall take effect
on the date of the enactment of this Act.
(c) None of the funds made available in this or any other
Act for any fiscal year may be used by the Department of Commerce
to plan or otherwise prepare for the use of sampling or any other
statistical procedure, including any statistical adjustment, in any
determination of population for purposes of the apportionment of
Representatives in Congress among the several States.
H. R. 1469—66
TITLE IX—GOVERNMENT SHUTDOWN PREVENTION ACT
SEC. 90001. SHORT TITLE.
This title may be cited as the ‘‘Government Shutdown Preven-
tion Act’’.
SEC. 90002. CONTINUING FUNDING.
(a) IN GENERAL.—If any regular appropriation bill for fiscal
year 1998 does not become law prior to the beginning of fiscal
year 1998 or a joint resolution making continuing appropriations
is not in effect, there is appropriated, out of any moneys in the
Treasury not otherwise appropriated, and out of applicable cor-
porate or other revenues, receipts, and funds, such sums as may
be necessary to continue any program, project, or activity for which
funds were provided in fiscal year 1997.
(b) LEVEL OF FUNDING.—Appropriations and funds made avail-
able, and authority granted, for a program, project, or activity
for fiscal year 1998 pursuant to this title shall be at 100 per
cent of the rate of operations that was provided for the program,
project, or activity in fiscal year 1997 in the corresponding regular
appropriation Act for fiscal year 1997.
(c) PERIOD OF AVAILABILITY.—Appropriations and funds made
available, and authority granted, for fiscal year 1998 pursuant
to this title for a program, project, or activity shall be available
for the period beginning with the first day of a lapse in appropria-
tions and ending with the earlier of—
(1) the date on which the applicable regular appropriation
bill for fiscal year 1998 becomes law (whether or not that
law provides for that program, project, or activity) or a continu-
ing resolution making appropriations becomes law, as the case
may be; or
(2) the last day of fiscal year 1998.
SEC. 90003. TERMS AND CONDITIONS.
(a) IN GENERAL.—An appropriation of funds made available,
or authority granted, for a program, project, or activity for fiscal
year 1998 pursuant to this title shall be made available to the
extent and in the manner which would be provided by the pertinent
appropriations Act for fiscal year 1997, including all of the terms
and conditions and the apportionment schedule imposed with
respect to the appropriation made or funds made available for
fiscal year 1997 or authority granted for the program, project,
or activity under current law.
(b) EXTENT AND MANNER.—Appropriations made by this title
shall be available to the extent and in the manner which would
be provided by the pertinent appropriations Act.
SEC. 90004. COVERAGE.
Appropriations and funds made available, and authority
granted, for any program, project, or activity for fiscal year 1998
pursuant to this title shall cover all obligations or expenditures
incurred for that program, project, or activity during the portion
of fiscal year 1998 for which this title applies to that program,
project, or activity.
SEC. 90005. EXPENDITURES.
Expenditures made for a program, project, or activity for fiscal
year 1998 pursuant to this title shall be charged to the applicable
H. R. 1469—67
appropriation, fund, or authorization whenever a regular appropria-
tion bill or a joint resolution making continuing appropriations
until the end of fiscal year 1998 providing for that program, project,
or activity for that period becomes law.
SEC. 90006. INITIATING OR RESUMING A PROGRAM, PROJECT, OR
ACTIVITY.
No appropriation or funds made available or authority granted
pursuant to this title shall be used to initiate or resume any
program, project, or activity for which appropriations, funds, or
other authority were not available during fiscal year 1997.
SEC. 90007. PROTECTION OF OTHER OBLIGATIONS.
Nothing in this title shall be construed to effect Government
obligations mandated by other law, including obligations with
respect to Social Security, Medicare, Medicaid, and veterans bene-
fits.
SEC. 90008. DEFINITION.
In this title, the term ‘‘regular appropriation bill’’ means any
annual appropriation bill making appropriations, otherwise making
funds available, or granting authority, for any of the following
categories of programs, projects, and activities:
(1) Agriculture, rural development, and related agencies
programs.
(2) The Departments of Commerce, Justice, and State, the
Judiciary, and related agencies.
(3) The Department of Defense.
(4) The government of the District of Columbia and other
activities chargeable in whole or in part against the revenues
of the District.
(5) The Departments of Labor, Health and Human Services,
and Education, and related agencies.
(6) The Departments of Veterans Affairs, Housing and
Urban Development, and sundry independent agencies, boards,
commissions, corporations, and offices.
(7) Energy and water development.
(8) Foreign assistance and related programs.
(9) The Department of the Interior and related agencies.
(10) Military construction.
(11) The Department of Transportation and related
agencies.
(12) The Treasury Department, the U.S. Postal Service,
the Executive Office of the President, and certain independent
agencies.
(13) The Legislative Branch.
H. R. 1469—68
This Act may be cited as the ‘‘1997 Emergency Supplemental
Appropriations Act for Recovery from Natural Disasters, and for
Overseas Peacekeeping Efforts, Including Those in Bosnia’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.