371
(A) to carry out chapters 1 or 10 of part I or
chapter 4 of part II (as the case may be), for such
purposes as—
(i) project and sector assistance activities,
or
(ii) debt and deficit financing, or
(B) for the administrative requirements of the
United States Government.
(3) PROGRAMMING ACCOUNTABILITY.—The Agen-
cy for International Development shall take all necessary
steps to ensure that the equivalent of the local currencies
disbursed pursuant to subsection (a)(2)(A) from the sep-
arate account established pursuant to subsection (a)(1)
are used for the purposes agreed upon pursuant to sub-
section (a)(2).
(4) TERMINATION OF ASSISTANCE PROGRAMS.—
Upon termination of assistance to a country under chap-
ters 1 or 10 of part I or chapter 4 of part II (as the case
may be), any unencumbered balances of funds which re-
main in a separate account established pursuant to sub-
section (a) shall be disposed of for such purposes as may
be agreed to by the government of that country and the
United States Government.
(5) CONFORMING AMENDMENTS.—The provisions
of this subsection shall supersede the tenth and eleventh
372
provisos contained under the heading ‘‘Sub-Saharan Afri-
ca, Development Assistance’’ as included in the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 1989 and sections 531(d) and 609 of
the Foreign Assistance Act of 1961.
(6) REPORTING REQUIREMENT.—The Adminis-
trator of the Agency for International Development shall
report on an annual basis as part of the justification doc-
uments submitted to the Committees on Appropriations
on the use of local currencies for the administrative re-
quirements of the United States Government as author-
ized in subsection (a)(2)(B), and such report shall in-
clude the amount of local currency (and United States
dollar equivalent) used and/or to be used for such pur-
pose in each applicable country.
(b) SEPARATE
ACCOUNTS
FOR
CASH
TRANS-
FERS.—(1) If assistance is made available to the govern-
ment of a foreign country, under chapters 1 or 10 of part
I or chapter 4 of part II of the Foreign Assistance Act
of 1961, as cash transfer assistance or as nonproject sec-
tor assistance, that country shall be required to maintain
such funds in a separate account and not commingle
them with any other funds.
(2) APPLICABILITY
OF OTHER PROVISIONS
OF
LAW.—Such funds may be obligated and expended not-
373
withstanding provisions of law which are inconsistent
with the nature of this assistance including provisions
which are referenced in the Joint Explanatory Statement
of the Committee of Conference accompanying House
Joint Resolution 648 (H. Report No. 98–1159).
(3) NOTIFICATION.—At lest fifteen days prior to
obligating any such cash transfer or nonproject sector as-
sistance, the President shall submit a notification
through the regular notification procedures of the Com-
mittees on Appropriations, which shall include a detailed
description of how the funds proposed to be made avail-
able will be used, with a discussion of the United States
interests that will be served by the assistance (including,
as appropriate, a description of the economic policy re-
forms that will be promoted by such assistance).
(4) EXEMPTION.—Nonproject sector assistance
funds may be exempt from the requirements of sub-
section (b)(1) only through the notification procedures of
the Committees on Appropriations.
COMPENSATION FOR UNITED STATES EXECUTIVE DIREC-
TORS TO INTERNATIONAL FINANCING INSTITUTIONS
SEC. 532. (a) No funds appropriated by this Act
may be made as payment to any international financial
institution while the United States Executive Director to
such institution is compensated by the institution at a
rate which, together with whatever compensation such
374
Director receives from the United States, is in excess of
the rate provided for an individual occupying a position
at level IV of the Executive Schedule under section 5315
of title 5, United States Code, or while any alternate
United States Director to such institution is compensated
by the institution at a rate in excess of the rate provided
for an individual occupying a position at level V of the
Executive Schedule under section 5316 of title 5, United
States Code.
(b) For purposes of this section, ‘‘international fi-
nancial institutions’’ are: the International Bank for Re-
construction and Development, the Inter-American Devel-
opment Bank, the Asian Development Bank, the Asian
Development Fund, the African Development Bank, the
African Development Fund, the International Monetary
Fund, the North American Development Bank, and the
European Bank for Reconstruction and Development.
COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST
IRAQ
SEC. 533. (a) DENIAL OF ASSISTANCE.—None of
the funds appropriated or otherwise made available pur-
suant to this Act to carry out the Foreign Assistance Act
of 1961 (including title IV of chapter 2 of part I, relating
to the Overseas Private Investment Corporation) or the
Arms Export Control Act may be used to provide assist-
ance to any country that is not in compliance with the
375
United Nations Security Council sanctions against Iraq,
Serbia or Montenegro unless the President determines
and so certifies to the Congress that—
(1) such assistance is in the national interest of
the United States;
(2) such assistance will directly benefit the
needy people in that country; or
(3) the assistance to be provided will be human-
itarian assistance for foreign national who have fled
Iraq and Kuwait.
(b) IMPORT SANCTIONS.—If the President consid-
ers that the taking of such action would promote the ef-
fectiveness of the economic sanctions of the United Na-
tions and the United States imposed with respect to Iraq,
Serbia, or Montenegro, as the case may be, and is con-
sistent with the national interest, the President may pro-
hibit, for such a period of time as he considers appro-
priate, the importation into the United States of any or
all products of any foreign country that has not prohib-
ited—
(1) the importation of products of Iraq, Serbia,
or Montenegro into its customs territory, and
(2) the export of its products to Iraq, Serbia,
or Montenegro, as the case may be.
376
COMPETITIVE PRICING FOR SALES OF DEFENSE
ARTICLES
SEC. 533A. Direct costs associated with meeting
a foreign customer’s additional or unique requirements
will continue to be allowable under contracts under sec-
tion 22(d) of the Arms Export Control Act. Loadings ap-
plicable to such direct costs shall be permitted at the
same rates applicable to procurement of like items pur-
chased by the Department of Defense for its own use.
POW/MIA MILITARY DRAWDOWN
SEC. 534. (a) Notwithstanding any other provi-
sion of law, the President may direct the drawdown,
without reimbursement by the recipient, of defense arti-
cles from the stocks of the Department of Defense, de-
fense services of the Department of Defense, and military
education and training, of an aggregate value not to ex-
ceed $15,000,000 in fiscal year 1997, as may be nec-
essary to carry out subsection (b).
(b) Such defense articles, services and training
may be provided to Vietnam, Cambodia and Laos, under
subsection (a) as the President determines are necessary
to support efforts to locate and repatriate members of the
United States Armed Forces and civilians employed di-
rectly or indirectly by the United States Government who
remain unaccounted for from the Vietnam War, and to
ensure the safety of United States Government personnel
377
engaged in such cooperative efforts and to support Unit-
ed States Department of Defense-sponsored humani-
tarian projects associated with the POW/MIA efforts.
Any aircraft shall be provided under this section only to
Laos and only on a lease or loan basis, but may be pro-
vided at no cost notwithstanding section 61 of the Arms
Export Control Act and may be maintained with defense
articles, services and training provided under this section.
(c) The President shall, within sixty days of the
end of any fiscal year in which the authority of sub-
section (a) is exercised, submit a report to the Congress
which identifies the articles, services, and training drawn
down under this section.
MEDITERRANEAN EXCESS DEFENSE ARTICLES
SEC. 535. For the four-year period beginning on
October 1, 1996, the President shall ensure that excess
defense articles will be made available under section 516
and 519 of the Foreign Assistance Act of 1961 consistent
with the manner in which the President made available
excess defense articles under those sections during the
four-year period that began on October 1, 1992, pursu-
ant to section 573(e) of the Foreign Operations, Export
Financing, Related Programs Appropriations Act, 1990.
CASH FLOW FINANCING
SEC. 536. For each country that has been ap-
proved for cash flow financing (as defined in section
378
25(d) of the Arms Export Control Act, as added by sec-
tion 112(b) of Public Law 99–83) under the Foreign
Military Financing Program, any Letter of Offer and Ac-
ceptance or other purchase agreement, or any amend-
ment 
thereto, 
for 
a 
procurement 
in 
excess 
of
$100,000,000 that is to be financed in whole or in part
with funds made available under this Act shall be submit-
ted through the regular notification procedures to the
Committees on Appropriations.
AUTHORITIES FOR THE PEACE CORPS, THE INTER-AMER-
ICAN
FOUNDATION
AND
THE
AFRICAN
DEVELOP-
MENT FOUNDATION
SEC. 537. Unless expressly provided to the con-
trary, provisions of this or any other Act, including provi-
sions contained in prior Acts authorizing or making ap-
propriations for foreign operations, export financing, and
related programs, shall not be construed to prohibit ac-
tivities authorized by or conducted under the Peace Corp
Act, the Inter-American Foundation Act, or the African
Development Foundation Act. The appropriate agency
shall promptly report to the Committees on Appropria-
tions whenever it is conducting activities or is proposing
to conduct activities in a country for which assistance is
prohibited.
379
IMPACT ON JOBS IN THE UNITED STATES
SEC. 538. None of the funds appropriated by this
Act may be obligated or expended to provide—
(a) any financial incentive to a business enter-
prise currently located in the United States for the
purpose of inducing such an enterprise to relocate
outside the United States if such incentive or in-
ducement is likely to reduce the number of employ-
ees of such business enterprise in the United States
because United States production is being replaced
by such enterprise outside the United States;
(b) assistance for the purpose of establishing or
developing in a foreign country any export process-
ing zone or designated area in which the tax, tariff,
labor, environment, and safety laws of that country
do not apply, in part or in whole, to activities car-
ried out within that zone or area, unless the Presi-
dent determines and certifies that such assistance is
not likely to cause a loss of jobs within the United
States; or
(c) assistance for any project or activity that
contributes to the violation of internationally recog-
nized workers rights, as defined in section 502(a)(4)
of the Trade Act of 1974, of workers in the recipient
country, including any designated zone or area in
380
that country: Provided, That in recognition that the
application of this subsection should be commensu-
rate with the level of development of the recipient
country and sector, the provisions of this subsection
shall not preclude assistance for the informal sector
in such country, micro and small-scale enterprise,
and smallholder agriculture.
AUTHORITY TO ASSIST BOSNIA AND HERZEGOVINA
SEC. 539. (a) The President is authorized to di-
rect the transfer, subject to prior notification of the Com-
mittees on Appropriations, to the Government of Bosnia
and Herzegovina, without reimbursement of defense arti-
cles from the stocks of the Department of Defense and
defense services of the Department of Defense of an ag-
gregate value of not to exceed $100,000,000 in fiscal
years 1996 and 1997: Provided, That the President cer-
tifies in a timely fashion to the Congress that the trans-
fer of such articles would assist that nation in self-de-
fense and thereby promote the security and stability of
the region.
(b) Within 60 days of any transfer under the au-
thority provided in subsection (a), and every 60 days
thereafter, the President shall report in writing to the
Speaker of the House of Representatives and the Presi-
dent pro tempore of the Senate concerning the articles
transferred and the disposition thereof.
381
(c) There are authorized to be appropriated to the
President such sums as may be necessary to reimburse
the applicable appropriation, fund, or account for defense
articles provided under this section.
RESTRICTIONS ON THE TERMINATION OF SANCTIONS
AGAINST SERBIA AND MONTENEGRO
SEC. 540. (a) RESTRICTIONS.—Notwithstanding
any other provision of law, no sanction, prohibition, or re-
quirement described in section 1511 of the National De-
fense Authorization Act for Fiscal Year 1994 (Public
Law 103–160), with respect to Serbia or Montenegro,
may cease to be effective, unless—
(1) the President first submits to the Congress
a certification described in subsection (b); and
(2) the requirements of section 1511 of that
Act are met.
(b) CERTIFICATION.—A certification described in
this subsection is a certification that—
(1) there is substantial progress toward—
(A) the realization of a separate identity
for Kosova and the right of the people of
Kosova to govern themselves; or
(B) the creation of an international protec-
torate for Kosova;
(2) there is substantial improvement in the
human rights situation in Kosova;
382
(3) international human rights observers are al-
lowed to return to Kosova; and
(4) the elected government of Kosova is per-
mitted to meet and carry out its legitimate mandate
as elected representatives of the people of Kosova.
(c) WAIVER AUTHORITY.—The President may
waive the application in whole or in part, of subsection
(a) if the President certifies to the Congress that the
President has determined that the waiver is necessary to
meet emergency humanitarian needs or to achieve a nego-
tiated settlement of the conflict in Bosnia and
Herzegovina that is acceptable to the parties.
SPECIAL AUTHORITIES
SEC. 541. (a) Funds appropriated in title II of
this Act that are made available for Afghanistan, Leb-
anon, and Cambodia, and for victims of war, displaced
children, displaced Burmese, humanitarian assistance for
Romania, and humanitarian assistance for the peoples of
Bosnia and Herzegovina, Croatia, and Kosova, may be
made available notwithstanding any other provision of
law: Provided, That any such funds that are made avail-
able for Cambodia shall be subject to the provisions of
section 531(c) of the Foreign Assistance Act of 1961 and
section 906 of the International Security and Develop-
ment Cooperation Act of 1985: Provided further, That
none of the funds appropriated by this Act may be made
383
available for assistance for any country or organization
that the Secretary of State determines is cooperating,
tactically or strategically, with the Khmer Rouge in their
military operations, or to the military of any country that
is not acting vigorously to prevent its members from fa-
cilitating the export of timber from Cambodia by the
Khmer Rouge: Provided further, That the Secretary of
State shall submit a report to the Committees on Appro-
priations by February 1, 1997, on whether there are any
countries, organizations, or militaries for which assist-
ance is prohibited under the previous proviso, the basis
for such conclusions and, if appropriate, the steps being
taken to terminate assistance: Provided further, That the
prohibition on assistance to the military of any country
that is not acting vigorously to prevent its members from
facilitating the export of timber from Cambodia by the
Khmer Rouge may be waived by the President if he de-
termines and reports to the Committees on Appropria-
tions that is is important to the national security interest
of the United States to do so.
(b) Funds appropriated by this Act to carry out
the provisions of sections 103 through 106 of the Foreign
Assistance Act of 1961 may be used, notwithstanding any
other provision of law, for the purpose of supporting
tropical forestry and energy programs aimed at reducing
384
emissions of greenhouse gases, and for the purpose of
supporting biodiversity conservation activities: Provided,
That such assistance shall be subject to sections 116,
502B, and 620A of the Foreign Assistance Act of 1961.
(c) During fiscal year 1997, the President may
use up to $40,000,000 under the authority of section 451
of the Foreign Assistance Act of 1961, notwithstanding
the funding ceiling contained in subsection (a) of that
section.
(d) The Agency for International Development
may employ personal services contractors, notwithstand-
ing any other provision of law, for the purpose of admin-
istering programs for the West Bank and Gaza.
POLICY ON TERMINATING THE ARAB LEAGUE BOYCOTT
OF ISRAEL
SEC. 542. It is the sense of the Congress that—
(1) the Arab League countries should imme-
diately and publicly renounce the primary boycott of
Israel and the secondary and tertiary boycott of
American firms that have commercial ties with Is-
rael; and
(2) the President should—
(A) take more concrete steps to encourage
vigorously Arab League countries to renounce
publicly the primary boycotts of Israel and the
secondary and tertiary boycotts of American
385
firms that have commercial relations with Israel
as a confidence-building measure;
(B) take into consideration the participa-
tion of any recipient country in the primary
boycott of Israel and the secondary and tertiary
boycotts of American firms that have commer-
cial relations with Israel when determining
whether to sell weapons to said county;
(C) report to Congress on the specific
steps being taken by the President to bring
about a public renunciation of the Arab primary
boycott of Israel and the secondary and tertiary
boycotts of American firms that have commer-
cial relations with Israel; and
(D) encourage the allies and trading part-
ners of the United States to enact laws prohib-
iting businesses from complying with the boy-
cott and penalizing businesses that do comply.
ANTI-NARCOTICS ACTIVITIES
SEC. 543. (a) Of the funds appropriated or other-
wise made available by this Act for ‘‘Economic Support
Fund’’, assistance may be provided to strengthen the ad-
ministration of justice in countries in Latin America and
the Caribbean and in other regions consistent with the
provisions of section 534(b) of the Foreign Assistance
Act of 1961, except that programs to enhance protection
386
of participants in judicial cases may be conducted not-
withstanding section 660 of that Act.
(b) Funds made available pursuant to this section
may be made available notwithstanding section 534(c)
and the second and third sentences of section 534(e) of
the Foreign Assistance Act of 1961. Funds made avail-
able pursuant to subsection (a) for Bolivia, Colombia and
Peru may be made available notwithstanding section
534(c) and the second sentence of section 534(e) of the
Foreign Assistance Act of 1961.
ELIGIBILITY FOR ASSISTANCE
SEC. 544. (a) ASSISTANCE
THROUGH
NON-
GOVERNMENTAL
ORGANIZATIONS.—Restrictions 
con-
tained in this or any other Act with respect to assistance
for a country shall not be construed to restrict assistance
in support of programs of nongovernmental organizations
from funds appropriated by this Act to carry out the pro-
visions of chapters 1 and 10 of part I of the Foreign As-
sistance Act of 1961: Provided, That the President shall
take into consideration, in any case in which a restriction
on assistance would be applicable but for this subsection,
whether assistance in support of programs of nongovern-
mental organizations is in the national interest of the
United States: Provided further, That before using the
authority of this subsection to furnish assistance in sup-
port of programs of nongovernmental organizations, the
387
President shall notify the Committees on Appropriations
under the regular notification procedures of those com-
mittees, including a description of the program to be as-
sisted, the assistance to be provided, and the reasons for
furnishing such assistance: Provided further, That noth-
ing in this subsection shall be construed to alter any ex-
isting statutory prohibitions against abortion or involun-
tary sterilizations contained in this or any other Act.
(b) PUBLIC LAW 480.—During fiscal year 1997,
restrictions contained in this or any other Act with re-
spect to assistance for a country shall not be construed
to restrict assistance under the Agricultural Trade Devel-
opment and Assistance Act of 1954: Provided, That none
of the funds appropriated to carry out title I of such Act
and made available pursuant to this subsection may be
obligated or expended except as provided through the reg-
ular notification procedures of the Committees on Appro-
priations.
(c) EXCEPTION.—This section shall not apply—
(1) with respect to section 620A of the Foreign
Assistance Act or any comparable provision of law
prohibiting assistance to countries that support
international terrorism; or
(2) with respect to section 116 of the Foreign
Assistance Act of 1961 or any comparable provision
388
of law prohibiting assistance to countries that violate
internationally recognized human rights.
EARMARKS
SEC. 544A. (a) Funds appropriated by this Act
which are earmarked may be reprogrammed for other
programs within the same account notwithstanding the
earmark if compliance with the earmark is made impos-
sible by operation of any provision of this or any other
Act or, with respect to a country with which the United
States has an agreement providing the United States
with base rights or base access in that country, if the
President determines that the recipient for which funds
are earmarked has significantly reduced its military or
economic cooperation with the United States since enact-
ment of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1991; however,
before exercising the authority of this subsection with re-
gard to a base rights or base access country which has
significantly reduced its military or economic cooperation
with the United States, the President shall consult with,
and shall provide a written policy justification to the
Committees on Appropriations: Provided, That any such
reprogramming shall be subject to the regular notifica-
tion procedures of the Committees on Appropriations:
Provided further, That assistance that is reprogrammed
389
pursuant to this subsection shall be made available under
the same terms and conditions as originally provided.
(b) In addition to the authority contained in sub-
section (a), the original period of availability of funds ap-
propriated by this Act and administered by the Agency
for International Development that are earmarked for
particular programs or activities by this or any other Act
shall be extended for an additional fiscal year if the Ad-
ministrator of such agency determines and reports
promptly to the Committees on Appropriations that the
termination of assistance to a country or a significant
change in circumstances makes it unlikely that such ear-
marked funds can be obligated during the original period
of availability: Provided, That such earmarked funds that
are continued available for an additional fiscal year shall
be obligated only for the purpose of such earmark.
CEILINGS AND EARMARKS
SEC. 545. Ceilings and earmarks contained in this
Act shall not be applicable to funds or authorities appro-
priated or otherwise made available by any subsequent
Act unless such Act specifically so directs.
PROHIBITION ON PUBLICITY OR PROPAGANDA
SEC. 546. No part of any appropriation contained
in this Act shall be used for publicity or propaganda pur-
poses within the United States not authorized before the
date of enactment of this Act by the Congress: Provided,
390
That not to exceed $750,000 may be made available to
carry out the provisions of section 316 of Public Law 96–
533.
USE OF AMERICAN RESOURCES
SEC. 547. To the maximum extent possible, as-
sistance provided under this Act should make full use of
American resources, including commodities, products,
and services.
PROHIBITION OF PAYMENTS TO UNITED NATIONS
MEMBERS
SEC. 548. None of the funds appropriated or
made available pursuant to this Act for carrying out the
Foreign Assistance Act of 1961, may be used to pay in
whole or in part any assessments, arrearages, or dues of
any member of the United Nations.
CONSULTING SERVICES
SEC. 549. The expenditure of any appropriation
under this Act for any consulting service through pro-
curement contract, pursuant to section 3109 of title 5,
United States Code, shall be limited to those contracts
where such expenditures are a matter of public record
and available for public inspection, except where other-
wise provided under existing law, or under existing Exec-
utive order pursuant to existing law.
391
PRIVATE VOLUNTARY ORGANIZATIONS—DOCUMENTATION
SEC. 550. None of the funds appropriated or
made available pursuant to this Act shall be available to
a private voluntary organization which fails to provide
upon timely request any document, file, or record nec-
essary to the auditing requirements of the Agency for
International Development.
PROHIBITION
ON
ASSISTANCE
TO
FOREIGN
GOVERN-
MENTS
THAT
EXPORT
LETHAL
MILITARY
EQUIP-
MENT TO COUNTRIES SUPPORTING INTERNATIONAL
TERRORISM
SEC. 551. (a) None of the funds appropriated or
otherwise made available by this Act may be available to
any foreign government which provides lethal military
equipment to a country the government of which the Sec-
retary of State has determined is a terrorist government
for purposes of section 40(d) of the Arms Export Control
Act. The prohibition under this section with respect to a
foreign government shall terminate 12 months after that
government ceases to provide such military equipment.
This section applies with respect to lethal military equip-
ment provided under a contract entered into after the
date of enactment of this Act.
(b) Assistance restricted by subsection (a) or any
other similar provision of law, may be furnished if the
392
President determines that furnishing such assistance is
important to the national interests of the United States.
(c) Whenever the waiver of subsection (b) is exer-
cised, the President shall submit to the appropriate con-
gressional committees a report with respect to the fur-
nishing of such assistance. Any such report shall include
a detailed explanation of the assistance to be provided,
including the estimated dollar amount of such assistance,
and an explanation of how the assistance furthers United
States national interests.
WITHHOLDING OF ASSISTANCE FOR PARKING FINES
OWED BY FOREIGN COUNTRIES
SEC. 552. (a) IN GENERAL.—Of the funds made
available for a foreign country under part I of the For-
eign Assistance Act of 1961, an amount equivalent to
110 percent of the total unpaid fully adjudicated parking
fines and penalties owed to the District of Columbia by
such country as of the date of enactment of this Act shall
be withheld from obligation for such country until the
Secretary of State certifies and reports in writing to the
appropriate congressional committees that such fines and
penalties are fully paid to the government of the District
of Columbia.
(b) DEFINITION.—For purposes of this section,
the term ‘‘appropriate congressional committees’’ means
the Committee on Foreign Relations and the Committee
393
on Appropriations of the Senate and the Committee on
International Relations and the Committee on Appropria-
tions of the House of Representatives.
LIMITATION ON ASSISTANCE FOR THE PLO FOR THE
WEST BANK AND GAZA
SEC. 553. None of the funds appropriated by this
Act may be obligated for assistance for the Palestine Lib-
eration Organization for the West Bank and Gaza unless
the President has exercised the authority under section
604(a) of the Middle East Peace Facilitation Act of 1995
(title VI of Public Law 104–107) or any other legislation
to suspend or make inapplicable section 307 of the For-
eign Assistance Act of 1961 and that suspension is still
in effect: Provided, That if the President fails to make
the certification under section 604(b)(2) of the Middle
East Peace Facilitation Act of 1995 or to suspend the
prohibition under other legislation, funds appropriated by
this Act may not be obligated for assistance for the Pal-
estine Liberation Organization for the West Bank and
Gaza.
EXPORT FINANCING TRANSFER AUTHORITIES
SEC. 554. Not to exceed 5 percent of any appro-
priation other than for administrative expenses made
available for fiscal year 1997 for programs under title I
of this Act may be transferred between such appropria-
tions for use for any of the purposes, programs and ac-
394
tivities for which the funds in such receiving account may
be used, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 25
percent by any such transfer: Provided, That the exercise
of such authority shall be subject to the regular notifica-
tion procedures of the Committees on Appropriations.
WAR CRIMES TRIBUNALS
SEC. 555. If the President determines that doing
so will contribute to a just resolution of charges regard-
ing genocide or other violations of international humani-
tarian law, the President may direct a drawdown pursu-
ant to section 552(c) of the Foreign Assistance Act of
1961, as amended, of up to $25,000,000 of commodities
and services for the United Nations War Crimes Tribunal
established with regard to the former Yugoslavia by the
United Nations Security Council or such other tribunals
or commissions as the Council may establish to deal with
such violations, without regard to the ceiling limitation
contained in paragraph (2) thereof: Provided, That the
determination required under this section shall be in lieu
of any determinations otherwise required under section
552(c): Provided further, That 60 days after the date of
enactment of this Act, and every 180 days thereafter, the
Secretary of State shall submit a report to the Commit-
tees on Appropriations describing the steps the United
States Government is taking to collect information re-
395
garding allegations of genocide or other violations of
international law in the former Yugoslavia and to furnish
that information to the United Nations War Crimes Tri-
bunal for the former Yugoslavia.
LANDMINES
SEC. 556. Notwithstanding any other provision of
law, demining equipment available to the Agency for
International Development and the Department of State
and used in support of the clearing of landmines and
unexploded ordnance for humanitarian purposes may be
disposed of on a grant basis in foreign countries, subject
to such terms and conditions as the President may pre-
scribe: Provided, That section 1365(c) of the National
Defense Authorization Act for Fiscal Year 1993 (Public
Law 102–484; 22 U.S.C., 2778 note) is amended by
striking out ‘‘During the five-year period beginning on
October 23, 1992’’ and inserting in lieu thereof ‘‘During
the eight-year period beginning on October 23, 1992’’.
RESTRICTIONS CONCERNING THE PALESTINIAN
AUTHORITY
SEC. 557. None of the funds appropriated by this
Act may be obligated or expended to create in any part
of Jerusalem a new office of any department or agency
of the United States Government for the purpose of con-
ducting official United States Government business with
the Palestinian Authority over Gaza and Jericho or any
396
successor Palestinian governing entity provided for in the
Israel-PLO Declaration of Principles: Provided, That this
restriction shall not apply to the acquisition of additional
space for the existing Consulate General in Jerusalem:
Provided further, That meetings between officers and em-
ployees of the United States and officials of the Palestin-
ian Authority, or any successor Palestinian governing en-
tity provided for in the Israel-PLO Declaration of Prin-
ciples, for the purpose of conducting official United
States Government business with such authority should
continue to take place in locations other than Jerusalem.
As has been true in the past, officers and employees of
the United States Government may continue to meet in
Jerusalem on other subjects with Palestinians (including
those who now occupy positions in the Palestinian Au-
thority), have social contacts, and have incidental discus-
sions.
PROHIBITION OF PAYMENT OF CERTAIN EXPENSES
SEC. 558. None of the funds appropriated or oth-
erwise made available by this Act under the heading
‘‘INTERNATIONAL MILITARY EDUCATION AND TRAINING’’
or ‘‘FOREIGN MILITARY FINANCING PROGRAM’’ for Infor-
mational Program activities may be obligated or ex-
pended to pay for—
(1) alcoholic beverages;
397
(2) food (other than food provided at a military
installation) not provided in conjunction with Infor-
mational Program trips where students do not stay
at a military installation; or
(3) entertainment expenses for activities that
are substantially of a recreational character, includ-
ing entrance fees at sporting events and amusement
parks.
HUMANITARIAN CORRIDORS
SEC. 559. The Foreign Assistance Act of 1961 is
amended by adding immediately after section 620H the
following new section:
‘‘SEC. 620I. PROHIBITION
ON ASSISTANCE
TO
COUNTRIES THAT RESTRICT UNITED STATES HUMANI-
TARIAN ASSISTANCE.—
‘‘(a) IN GENERAL.—No assistance shall be fur-
nished under this Act or the Arms Export Control
Act to any country when it is made known to the
President that the government of such country pro-
hibits or otherwise restricts, directly or indirectly,
the transport or delivery of United States humani-
tarian assistance.
‘‘(b) EXCEPTION.—Assistance may be furnished
without regard to the restriction in subsection (a) if
the President determines that to do so is in the na-
tional security interest of the United States.
398
‘‘(c) NOTICE.—Prior to making any determina-
tion under subsection (b), the President shall notify
the Committee on International Relations, the Com-
mittee on Foreign Relations, and the Committees on
Appropriations of the Senate and House of Rep-
resentatives of his intention to make such a deter-
mination, the effective date of the determination,
and the reasons for making the determination.’’.
EQUITABLE ALLOCATION OF FUNDS
SEC. 560. Not more than 20 percent of the funds
appropriated by this Act to carry out the provisions of
sections 103 through 106 and chapter 4 of part II of the
Foreign Assistance Act of 1961, that are made available
for Latin America and the Caribbean region may be
made available, through bilateral and Latin America and
the Caribbean regional programs, to provide assistance
for any country in such region.
PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS
SEC. 561. (a) SENSE OF CONGRESS.—It is the
sense of the Congress that, to the greatest extent prac-
ticable, all equipment and products purchased with funds
made available in this Act should be American-made.
(b) NOTICE REQUIREMENT.—In providing finan-
cial assistance to, or entering into any contract with, any
entity using funds made available in this Act, the head
399
of each Federal agency, to the greatest extent prac-
ticable, shall provide to such entity a notice describing
the statement made in subsection (a) by the Congress.
LIMITATION OF FUNDS FOR NORTH AMERICAN
DEVELOPMENT BANK
SEC. 562. None of the Funds appropriated in this
Act under the heading ‘‘North American Development
Bank’’ and made available for the Community Adjust-
ment and Investment Program shall be used for purposes
other than those set out in the binational agreement es-
tablishing the Bank.
INTERNATIONAL DEVELOPMENT ASSOCIATION
SEC. 563. In order to pay for the United States
contribution to the tenth replenishment of the resources
of the International Development Association authorized
in section 526 of Public Law 103–87, there is authorized
to be appropriated, without fiscal year limitation,
$700,000,000 for payment by the Secretary of the Treas-
ury.
SPECIAL DEBT RELIEF FOR THE POOREST
SEC. 564. (a) AUTHORITY TO REDUCE DEBT.—
The President may reduce amounts owed to the United
States (or any agency of the United States) by an eligible
country as a result of—
(1) guarantees issued under sections 221 and
222 of the Foreign Assistance Act of 1961; or
400
(2) credits extended or guarantees issued under
the Arms Export Control Act.
(b) LIMITATIONS.—
(1) The authority provided by subsection (a)
may be exercised only to implement multilateral offi-
cial debt relief and referendum agreements, com-
monly referred to as ‘‘Paris Club Agreed Minutes’’.
(2) The authority provided by subsection (a)
may be exercised only in such amounts or to such
extent as is provided in advance by appropriations
Acts.
(3) The authority provided by subsection (a)
may be exercised only with respect to countries with
heavy debt burdens that are eligible to borrow from
the International Development Association, but not
from the International Bank for Reconstruction and
Development, commonly referred to as ‘‘IDA-only’’
countries.
(c) CONDITIONS.—The authority provided by sub-
section (a) may be exercised only with respect to a coun-
try whose government—
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts
of international terrorism;
401
(3) is not failing to cooperate on international
narcotics control matters;
(4) (including its military or other security
forces) does not engage in a consistent pattern of
gross violations of internationally recognized human
rights; and
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, fiscal years 1994 and 1995.
(d) AVAILABILITY
OF
FUNDS.—The authority
provided by subsection (a) may be used only with regard
to funds appropriated by this Act under the heading
‘‘Debt restructuring’’.
(e) CERTAIN PROHIBITIONS INAPPLICABLE.—A
reduction of debt pursuant to subsection (a) shall not be
considered assistance for purposes of any provision of law
limiting assistance to a country. The authority provided
by subsection (a) may be exercised notwithstanding sec-
tion 620(r) of the Foreign Assistance Act of 1961.
AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES
SEC. 565. (a) LOANS ELIGIBLE FOR SALE, RE-
DUCTION, OR CANCELLATION.—
(1) AUTHORITY TO SELL, REDUCE, OR CANCEL
CERTAIN LOANS.—Notwithstanding any other provi-
sion of law, the President may, in accordance with
this section, sell to any eligible purchaser any
402
concessional loan or portion thereof made before
January 1, 1995, pursuant to the Foreign Assist-
ance Act of 1961, to the government of any eligible
country as define in section 702(6) of that Act or
on receipt of payment from an eligible purchaser, re-
duce or cancel such loan or portion thereof, only for
the purpose of facilitating—
(A) debt-for-equity swaps, debt-for-develop-
ment swaps, or debt-for-nature swaps; or
(B) a debt buyback by an eligible country
of its own qualified debt, only if the eligible
country uses an additional amount of the local
currency of the eligible country, equal to not
less than 40 percent of the price paid for such
debt by such eligible country, or the difference
between the price paid for such debt and the
face value of such debt, to support activities
that link conservation and sustainable use of
natural resources with local community develop-
ment, and child survival and other child devel-
opment, in a manner consistent with sections
707 through 710 of the Foreign Assistance Act
of 1961, if the sale, reduction, or cancellation
would not contravene any term or condition of
any prior agreement relating to such loan.
403
(2) TERMS AND CONDITIONS.—Notwithstanding
any other provision of law, the President shall, in ac-
cordance with this section, establish the terms and
conditions under which loans may be sold, reduced,
or canceled pursuant to this section.
(3) ADMINISTRATION.—The Facility, as defined
in section 702(8) of the Foreign Assistance Act of
1961, shall notify the administrator of the agency
primarily responsible for administering part I of the
Foreign Assistance Act of 1961 of purchasers that
the President has determined to be eligible, and
shall direct such agency to carry out the sale, reduc-
tion, or cancellation of a loan pursuant to this sec-
tion. Such agency shall make an adjustment in its
accounts to reflect the sale, reduction, or cancella-
tion.
(4) LIMITATION.—The authorities of this sub-
section shall be available only to the extent that ap-
propriations for the cost of the modification, as de-
fined in section 502 of the Congressional Budget Act
of 1974, are made in advance.
(b) DEPOSIT OF PROCEEDS.—The proceeds from
the sale, reduction, or cancellation of any loan sold, re-
duced, or canceled pursuant to this section shall be de-
404
posited in the United States Government account or ac-
counts established for the repayment of such loan.
(c) ELIGIBLE PURCHASERS.—A loan may be sold
pursuant to subsection (a)(1)(A) only to a purchaser who
presents plans satisfactory to the President for using the
loan for the purpose of engaging in debt-for-equity swaps,
debt-for-development swaps, or debt-for-nature swaps.
(d) DEBTOR CONSULTATIONS.—Before the sale to
any eligible purchaser, or any reduction or cancellation
pursuant to this section, of any loan made to an eligible
country, the President should consult with the country
concerning the amount of loans to be sold, reduced, or
canceled and their uses for debt-for-equity swaps, debt-
for-development swaps, or debt-for-nature swaps.
(e) AVAILABILITY OF FUNDS.—The authority pro-
vided by subsection (a) may be used only with regard to
funds appropriated by this Act under the heading ‘‘Debt
restructuring’’.
LIBERIA
SEC. 566. Funds appropriated by this Act may be
made available for assistance for Liberia notwithstanding
section 620(q) of the Foreign Assistance Act of 1961 and
section 512 of this Act.
GUATEMALA
SEC. 567. (a) Funds provided in this Act may be
made available for the Guatemalan military forces, and
405
the restrictions on Guatemala under the headings ‘‘Inter-
national Military Education and Training’’ and ‘‘Foreign
Military Financing Program’’ shall not apply, only if the
President determines and certifies to the Congress that
the Guatemalan military is cooperating fully with efforts
to resolve human rights abuses which elements of the
Guatemalan military forces are alleged to have commit-
ted, ordered or attempted to thwart the investigation of,
and with efforts to negotiate a peace settlement.
(b) The prohibition contained in subsection (a)
shall not apply to funds made available to implement a
ceasefire or peace agreement.
(c) Any funds made available pursuant to sub-
sections (a) or (b) shall be subject to the regular notifica-
tion procedures of the Committees on Appropriations.
(d) Any funds made available pursuant to sub-
sections (a) and (b) for international military education
and training may only be for expanded international mili-
tary education and training.
SANCTIONS AGAINST COUNTRIES HARBORING WAR
CRIMINALS
SEC. 568. (a) BILATERAL
ASSISTANCE.—The
President is authorized to withhold funds appropriated by
this Act under the Foreign Assistance Act of 1961 or the
Arms Export Control Act for any country described in
subsection (c).
406
(b) MULTILATERAL ASSISTANCE.—The Secretary
of the Treasury should instruct the United States execu-
tive directors of the international financial institutions to
work in opposition to, and vote against, any extension by
such institutions of financing or financial or technical as-
sistance to any country described in subsection (c).
(c) SANCTIONED
COUNTRIES.—A country de-
scribed in this subsection is a country the government of
which knowingly grants sanctuary to persons in its terri-
tory for the purpose of evading prosecution, where such
persons—
(1) have been indicted by the International
Criminal Tribunal for the former Yugoslavia, the
International Criminal Tribunal for Rwanda, or any
other international tribunal with similar standing
under international law, or
(2) have been indicted for war crimes or crimes
against humanity committed during the period be-
ginning March 23, 1933 and ending on May 8, 1945
under the direction of, or in association with—
(A) the Nazi government of Germany;
(B) any government in any area occupied
by the military forces of the Nazi government
of Germany;
407
(C) any government which was established
with the assistance or cooperation of the Nazi
government; or
(D) any government which was an ally of the Nazi
government of Germany.
LIMITATION ON ASSISTANCE FOR HAITI
SEC. 569. (a) LIMITATION.—None of the funds
appropriated or otherwise made available by this Act,
may be provided to the Government of Haiti until the
President reports to Congress that—
(1) the Government is conducting thorough in-
vestigations of extrajudicial and political killings;
and
(2) the Government is cooperating with United
States authorities in the investigations of political
and extrajudicial killings.
(b) Nothing in this section shall be construed to
restrict the provision of humanitarian, development, or
electoral assistance.
(c) The President may waive the requirements of
this section on a semiannual basis if he determines and
certifies to the appropriate committees of Congress that
it is in the national interest of the United States.
POLICY TOWARD BURMA
SEC. 570. (a) Until such time as the President de-
termines and certifies to Congress that Burma has made
408
measurable and substantial progress in improving human
rights practices and implementing democratic govern-
ment, the following sanctions shall be imposed on Burma:
(1) BILATERAL
ASSISTANCE.—There shall be
no United States assistance to the Government of
Burma, other than:
(A) humanitarian assistance,
(B) subject to the regular notification pro-
cedures of the Committees on Appropriations,
counter-narcotics assistance under chapter 8 of
part I of the Foreign Assistance Act of 1961,
or crop substitution assistance, if the Secretary
of State certifies to the appropriate congres-
sional committees that—
(i) the Government of Burma is fully
cooperating with United States counter-
narcotics efforts, and
(ii) the programs are fully consistent
with United States human rights concerns
in Burma and serve the United States na-
tional interest, and
(C) assistance promoting human rights
and democratic values.
(2) MULTILATERAL
ASSISTANCE.—The Sec-
retary of the Treasury shall instruct the United
409
States executive director of each international finan-
cial institution to vote against any loan or other uti-
lization of funds of the respective bank to or for
Burma.
(3) VISAS.—Except as required by treaty obli-
gations or to staff the Burmese mission to the Unit-
ed States, the United States should not grant entry
visas to any Burmese government official.
(b) CONDITIONAL SANCTIONS.—The President is
hereby authorized to prohibit, and shall prohibit United
States persons from new investment in Burma, if the
President determines and certifies to Congress that, after
the date of enactment of this Act, the Government of
Burma has physically harmed, rearrested for political
acts, or exiled Daw Aung San Suu Kyi or has committed
large-scale repression of or violence against the Demo-
cratic opposition.
(c) MULTILATERAL STRATEGY.—The President
shall seek to develop, in coordination with members of
ASEAN and other countries having major trading and
investment interests in Burma, a comprehensive, multi-
lateral strategy to bring democracy to and improve
human rights practices and the quality of life in Burma,
including the development of a dialogue between the
410
State Law and Order Restoration Council (SLORC) and
democratic opposition groups within Burma.
(d) PRESIDENTIAL REPORTS.—Every six months
following the enactment of this Act, the President shall
report to the Chairmen of the Committee on Foreign Re-
lations, the Committee on International Relations and the
House and Senate Appropriations Committees on the fol-
lowing:
(1) progress toward democratization in Burma;
(2) progress on improving the quality of life of
the Burmese people, including progress on market
reforms, living standards, labor standards, use of
forced labor in the tourism industry, and environ-
mental quality; and
(3) progress made in developing the strategy re-
ferred to in subsection (c).
(e) WAIVER AUTHORITY.—The President shall
have the authority to waive, temporarily or permanently,
any sanction referred to in subsection (a) or subsection
(b) if he determines and certifies to Congress that the
application of such sanction would be contrary to the na-
tional security interests of the United States.
(f) DEFINITIONS.—
(1) The term ‘‘international financial institu-
tions’’ shall include the International Bank for Re-
411
construction and Development, the International De-
velopment Association, the International Finance
Corporation, the Multilateral Investment Guarantee
Agency, the Asian Development Bank, and the
International Monetary Fund.
(2) The term ‘‘new investment’’ shall mean any
of the following activities if such an activity is un-
dertaken pursuant to an agreement, or pursuant to
the exercise of rights under such an agreement, that
is entered into with the Government of Burma or a
nongovernmental entity in Burma, on or after the
date of the certification under subsection (b):
(A) the entry into a contract that includes
the economical development of resources located
in Burma, or the entry into a contract provid-
ing for the general supervision and guarantee of
another person’s performance of such a con-
tract;
(B) the purchase of a share of ownership,
including an equity interest, in that develop-
ment;
(C) the entry into a contract providing for
the participation in royalties, earnings, or prof-
its in that development, without regard to the
form of the participation:
412
Provided, That the term ‘‘new investment’’ does not
include the entry into, performance of, or financing
of a contract to sell or purchase goods, services, or
technology.
REPORT REGARDING HONG KONG
SEC. 571. In light of the deficiencies in reports
submitted to the Congress pursuant to section 301 of the
United States-Hong Kong Policy Act (22 U.S.C. 5731),
the Congress directs that the additional report required
to be submitted during 1997 under such section include
detailed information on the status of, and other develop-
ments affecting, implementation of the Sino-British Joint
Declaration on the Question of Hong King, including—
(1) the Basic Law and its consistency with the
Joint Declaration;
(2) Beijing’s plans to replace the elected legisla-
ture with an appointed body;
(3) the openness and fairness of the election of
the chief executive and the executive’s accountability
to the legislature;
(4) the treatment of political parties;
(5) the independence of the Judiciary and its
ability to exercise the power of final judgment over
Hong Kong law; and
(6) the Bill of Rights.
413
USE OF FUNDS FOR PURCHASE OF PRODUCTS NOT MADE
IN AMERICA
SEC. 572. The Administrator of the Agency for
International Development shall provide a report to the
appropriate committees of the Congress on the ability of
the United States Government to implement a provision
of law (and on the foreign policy implications of such a
provision of law) which would require that United States
funds could be made available to the government of a for-
eign country for the purchase of any equipment or prod-
ucts only if such purchases were to occur in such foreign
country or the United States, and substantially similar
equipment and products were made in the United States
and available for purchase at a price that is not more
than 10 percent higher than that in other countries.
CONFLICT IN CHECHNYA
SEC. 573. The Secretary of State shall provide to
the Committees on Appropriations no later than 30 days
from the date of enactment of this Act a detailed report
on actions undertaken by the United States Government
to resolve the conflict in Chechnya.
EXTENSION OF CERTAIN ADJUDICATION PROVISIONS
SEC. 575. The Foreign Operations, Export Fi-
nancing, and Related Programs Appropriations Act, 1990
(Public Law 101–167) is amended—
(1) in section 599D (8 U.S.C. 1157 note)—
414
(A) in subsection (b)(3), by striking ‘‘and
1996’’ and inserting ‘‘1996, and 1997’’; and
(B) in subsection (e), by striking out ‘‘Oc-
tober 1, 1996’’ each place it appears and insert-
ing ‘‘October 1, 1997’’; and
(2) in section 599E (8 U.S.C. 1255 note) in
subsection (b)(2), by striking out ‘‘September 30,
1996’’ and inserting ‘‘September 30, 1997’’.
TRANSPARENCY OF BUDGETS
SEC. 576. (a) LIMITATION.—Beginning three
years after the date of the enactment of this Act, the
Secretary of the Treasury shall instruct the United
States Executive Director of each international financial
institution to use the voice and vote of the United States
to oppose any loan or other utilization of the funds of
their respective institution, other than to address basic
human needs, for the government of any country which
the Secretary of the Treasury determines—
(1) does not have in place a functioning system
for a civilian audit of all receipts and expenditures
that fund activities of the armed forces and security
forces;
(2) has not provided a summary of a current
audit to the institution.
(b) DEFINITION.—For purposes of this section,
the term ‘‘international financial institution’’ shall in-
415
clude the institutions identified in section 532(b) of this
Act.
GUARANTEES
SEC. 577. Section 251(b)(2)(G) of the Balanced
Budget and Emergency Deficit Control Act of 1985 is
amended by striking ‘‘fiscal year 1994 and 1995’’ and in-
serting in lieu thereof ‘‘fiscal years 1994, 1995, and
1997’’ in both places that this appears.
INFORMATION ON COOPERATION WITH UNITED STATES
ANTI-TERRORISM EFFORTS IN ANNUAL COUNTRY RE-
PORTS ON TERRORISM
SEC. 578. Section 140 of the Foreign Relations
Authorization Act, fiscal years 1988 and 1989 (22
U.S.C. 2656f) is amended—
(1) in subsection (a)—
(A) by striking ‘‘and’’ at the end of para-
graph (1);
(B) by striking the period at the end of
paragraph (2) and inserting a semicolon; and
(C) by adding at the end the following:
‘‘(3) with respect to each foreign country from
which the United States Government has sought co-
operation during the previous five years in the inves-
tigation or prosecution of an act of international ter-
rorism against United States citizens or interests,
information on—
416
‘‘(A) the extent to which the government of
the foreign country is cooperating with the
United States Government in apprehending,
convicting, and punishing the individual or indi-
viduals responsible for the act; and
‘‘(B) the extent to which the government
of the foreign country is cooperating in prevent-
ing further acts of terrorism against United
States citizens in the foreign country; and
‘‘(4) with respect to each foreign country from
which the United States Government has sought co-
operation during the previous five years in the pre-
vention of an act of international terrorism against
such citizens or interests, the information described
in paragraph (3)(B).’’; and
(2) in subsection (c)—
(A) by striking ‘‘The report’’ and inserting
‘‘(1) Except as provided in paragraph (2), the
report’’;
(B) by indenting the margin of paragraph
(1) as so designated, 2 ems; and
(C) by adding at the end the following:
‘‘(2) If the Secretary of State determines that
the transmittal of the information with respect to a
foreign country under paragraph (3) or (4) of sub-
417
section (a) in classified form would make more likely
the cooperation of the government of the foreign
country as specified in such paragraph, the Sec-
retary may transmit the information under such
paragraph in classified form.’’.
FEMALE GENITAL MUTILATION
SEC. 579. (a) LIMITATION.—Beginning 1 year
after the date of the enactment of this Act, the Secretary
of the Treasury shall instruct the United States Execu-
tive Director of each international financial institution to
use the voice and vote of the United States to oppose any
loan or other utilization of the funds of their respective
institution, other than to address basic human needs, for
the government of any country which the Secretary of the
Treasury determines—
(1) has, as a cultural custom, a known history
of the practice of female genital mutilation; and
(2) has not taken steps to implement edu-
cational programs designed to prevent the practice
of female genital mutilation.
(B) DEFINITION.—For purposes of this section,
the term ‘‘international financial institution’’ shall in-
clude the institutions identified in section 532(b) of this
Act.
418
REQUIREMENT FOR DISCLOSURE OF FOREIGN AID IN
REPORT OF SECRETARY OF STATE
SEC. 580. (a) FOREIGN AID REPORTING RE-
QUIREMENT.—In addition to the voting practices of a
foreign country, the report required to be submitted to
Congress under section 406(a) of the Foreign Relations
Authorization Act fiscal years 1990 and 1991 (22 U.S.C.
2414a), shall include a side-by-side comparison of indi-
vidual countries’ overall support for the United States at
the United Nations and the amount of United States as-
sistance provided to such country in fiscal year 1996.
(b) UNITED STATES ASSISTANCE.—For purposes
of this section, the term ‘‘United States assistance’’ has
the meaning given the term in section 481(e)(4) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)(4)).
RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO
UNITED NATIONS AGENCIES
SEC. 581. (a) PROHIBITION ON VOLUNTARY CON-
TRIBUTIONS FOR THE UNITED NATIONS.—None of the
funds appropriated or otherwise made available by this
Act may be made available to pay any voluntary con-
tribution of the United States to the United Nations (in-
cluding the United Nations Development Program) if the
United Nations implements or imposes any taxation on
any United States persons.
419
(b) CERTIFICATION REQUIRED
FOR DISBURSE-
MENT OF FUNDS.—None of the funds appropriated or
otherwise made available under this Act may be made
available to pay any voluntary contribution of the United
States to the United Nations (including the United Na-
tions Development Program) unless the President cer-
tifies to the Congress 15 days in advance of such pay-
ment that the United Nations is not engaged in any ef-
fort to implement or impose any taxation on United
States persons in order to raise revenue for the United
Nations or any of its specialized agencies.
(c) DEFINITIONS.—As used in this section the
term ‘‘United States person’’ refers to—
(1) a natural person who is a citizen or national
of the United States; or
(2) a corporation, partnership, or other legal
entity organized under the United States or any
State, territory, possession, or district of the United
States.
HAITI
SEC. 582. The Government of Haiti shall be eligi-
ble to purchase defense articles and services under the
Arms Export Control Act (22 U.S.C. 2751 et seq.), for
the civilian-led Haitian National Police and Coast Guard:
Provided, That the authority provided by this section
420
shall be subject to the regular notification procedures of
the Committees on Appropriations.
REFUGEE STATUS FOR ADULT CHILDREN OF FORMER VI-
ETNAMESE REEDUCATION CAMP INTERNEES RESET-
TLED UNDER THE ORDERLY DEPARTURE PROGRAM
SEC. 584. (a) ELIGIBILITY FOR ORDERLY DEPAR-
TURE PROGRAM.—For purposes of eligibility for the Or-
derly Departure Program for nationals of Vietnam, dur-
ing fiscal year 1997, an alien described in subsection (b)
shall be considered to be a refugee of special humani-
tarian concern to the United States within the meaning
of section 207 of the Immigration and Nationality Act (8
U.S.C. 1157) and shall be admitted to the United States
for resettlement if the alien would be admissible as an
immigrant under the Immigration and Nationality Act
(except as provided in section 207(c)(3) of that Act).
(b) ALIENS COVERED.—An alien described in this
subsection is an alien who—
(1) is the son or daughter of a national of Viet-
nam who—
(A) was formerly interned in a reeducation
camp in Vietnam by the Government of the So-
cialist Republic of Vietnam; and
(B) has been accepted for resettlement as
a refugee under the Orderly Departure Pro-
gram on or after April 1, 1995;
421
(2) is 21 years of age or older; and
(3) was unmarried as of the date of acceptance
of the alien’s parent for resettlement under the Or-
derly Departure Program.
(c) SUPERSEDES EXISTING LAW.—This section
supersedes any other provision of law.
NORTH KOREA
SEC. 585. Ninety days after the date of enactment
of this Act, and every 180 days thereafter, the Secretary
of State, in consultation with the Secretary of Defense,
shall provide a report in a classified or unclassified form
to the Committee on Appropriations including the follow-
ing information:
(a) a best estimate on fuel used by the military
forces of the Democratic People’s Republic of Korea
(DPRK);
(b) the deployment position and military train-
ing and activities of the DPRK forces and best esti-
mate of the associated costs of these activities;
(c) steps taken to reduce the DPRK level of
forces; and
(d) cooperation, training, or exchanges of infor-
mation, technology or personnel between the DPRK
and any other nation supporting the development or
deployment of a ballistic missile capability.
422
LIMITATION ON ASSISTANCE TO MEXICO
SEC. 587. Not less than $2,500,000 of the funds
appropriated or otherwise made available by this Act for
the Government of Mexico shall be withheld from obliga-
tion until the President has determined and reported to
Congress that—
(1) the Government of Mexico is taking actions
to reduce the amount of illegal drugs entering the
United States from Mexico; and
(2) the Government of Mexico—
(A) is taking effective actions to apply vig-
orously all law enforcement resources to inves-
tigate, track, capture, incarcerate, and pros-
ecute individuals controlling, supervising, or
managing international narcotics cartels or
other similar entities and the accomplices of
such individuals, individuals responsible for, or
otherwise involved in, corruption, and individ-
uals involved in money-laundering;
(B) is pursuing international anti-drug
trafficking initiatives;
(C) is cooperating fully with international
efforts at narcotics interdiction; and
(D) is cooperating fully with requests by
the United States for assistance in investiga-
423
tions of money-laundering violations and is
making progress toward implementation of ef-
fective laws to prohibit money-laundering.
LIMITATION OF ASSISTANCE TO TURKEY
SEC. 588. Not more than $22,000,000 of the
funds appropriated in this Act under the heading ‘‘Eco-
nomic Support Fund’’ may be made available to the Gov-
ernment of Turkey.
CIVIL LIABILITY FOR ACTS OF STATE SPONSORED
TERRORISM
SEC. 589. (a) an official, employee, or agent of a
foreign state designated as a state sponsor of terrorism
designated under section 6(j) of the Export Administra-
tion Act of 1979 while acting within the scope of his or
her office, employment, or agency shall be liable to a
United States national or the national’s legal representa-
tive for personal injury or death caused by acts of that
official, employee, or agent for which the courts of the
United States may maintain jurisdiction under section
1605(a)(7) of title 28, United States Code, for money
damages which may include economic damages, solatium,
pain, and suffering, and punitive damages if the acts
were among those described in section 1605(a)(7).
(b) Provisions related to statute of limitations and
limitations on discovery that would apply to an action
brought under 28 U.S.C. 1605(f) and (g) shall also apply
424
to actions brought under this section. No action shall be
maintained under this action if an official, employee, or
agent of the United States, while acting within the scope
of his or her office, employment, or agency would not be
liable for such acts if carried out within the United
States.
Titles I through V of this Act may be cited as the
‘‘Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1997’’.
TITLE VI—NATO ENLARGEMENT FACILITATION
ACT OF 1996
SEC. 601. SHORT TITLE.
This title may be cited as the ‘‘NATO Enlarge-
ment Facilitation Act of 1996’’.
SEC. 602. FINDINGS.
The Congress makes the following findings:
(1) Since 1949, the North Atlantic Treaty Or-
ganization (NATO) has played an essential role in
guaranteeing the security, freedom, and prosperity
of the United States and its partners in the Alliance.
(2) The NATO Alliance is, and has been since
its inception, purely defensive in character, and it
poses no threat to any nation. The enlargement of
the NATO Alliance to include as full and equal
members emerging democracies in Central and East-
425
ern Europe will serve to reinforce stability and secu-
rity in Europe by fostering their integration into the
structures which have created and sustained peace
in Europe since 1945. Their admission into NATO
will not threaten any nation. America’s security,
freedom, and prosperity remain linked to the secu-
rity of the countries of Europe.
(3) The sustained commitment of the member
countries of NATO to a mutual defense has made
possible the democratic transformation of Central
and Eastern Europe. Members of the Alliance can
and should play a critical role in addressing the se-
curity challenges of the post-Cold War era and in
creating the stable environment needed for those
emerging democracies in Central and Eastern Eu-
rope to successfully complete political and economic
transformation.
(4) The United States continues to regard the
political independence and territorial integrity of all
emerging democracies in Central and Eastern Eu-
rope as vital to European peace and security.
(5) The active involvement by the countries of
Central and Eastern Europe has made the Partner-
ship for Peace program an important forum to fos-
426
ter cooperation between NATO and those countries
seeking NATO membership.
(6) NATO has enlarged its membership on 3
different occasions since 1949.
(7) Congress supports the admission of quali-
fied new members to NATO and the European
Union at an early date and has sought to facilitate
the admission of qualified new members into NATO.
(8) Lasting security and stability in Europe re-
quires not only the military integration of emerging
democracies in Central and Eastern Europe into ex-
isting European structures, but also the eventual
economic and political integration of these countries
into existing European structures.
(9) As new members of NATO assume the re-
sponsibilities of Alliance membership, the costs of
maintaining stability in Europe should be shared
more widely. Facilitation of the enlargement process
will require current members of NATO, and the
United States in particular, to demonstrate the po-
litical will needed to build on successful ongoing pro-
grams such as the Warsaw Initiative and the Part-
nership for Peace by making available the resources
necessary to supplement efforts prospective new
members are themselves undertaking.
427
(10) New members will be full members of the
Alliance, enjoying all rights and assuming all the ob-
ligations under the North Atlantic Treaty, signed at
Washington on April 4, 1949 (hereafter in this Act
referred to as the ‘‘Washington Treaty’’).
(11) In order to assist emerging democracies in
Central and Eastern Europe that have expressed in-
terest in joining NATO to be prepared to assume
the responsibilities of NATO membership, the Unit-
ed States should encourage and support efforts by
such countries to develop force structures and force
modernization priorities that will enable such coun-
tries to contribute to the full range of NATO mis-
sions, including, most importantly, territorial defense
of the Alliance.
(12) Cooperative regional peacekeeping initia-
tives involving emerging democracies in Central and
Eastern Europe that have expressed interest in join-
ing NATO, such as the Baltic Peacekeeping Battal-
ion, the Polish-Lithuanian Joint Peacekeeping
Force, and the Polish-Ukrainian Peacekeeping
Force, can make an important contribution to Euro-
pean peace and security and international peace-
keeping efforts, can assist those countries preparing
to assume the responsibilities of possible NATO
428
membership, and accordingly should receive appro-
priate support from the United States.
(13) NATO remains the only multilateral secu-
rity organization capable of conducting effective
military operations and preserving security and sta-
bility of the Euro-Atlantic region.
(14) NATO is an important diplomatic forum
and has played a positive role in defusing tensions
between members of the Alliance and, as a result, no
military action has occurred between two Alliance
member states since the inception of NATO in 1949.
(15) The admission to NATO of emerging de-
mocracies in Central and Eastern Europe which are
found to be in a position to further the principles of
the Washington Treaty would contribute to inter-
national peace and enhance the security of the re-
gion. Countries which have become democracies and
established market economies, which practice good
neighborly relations, and which have established ef-
fective democratic civilian control over their defense
establishments and attained a degree of interoper-
ability with NATO, should be evaluated for their po-
tential to further the principles of the Washington
Treaty.
429
(16) Democratic civilian control of defense
forces is an essential element in the process of prep-
aration for those states interested in possible NATO
membership.
(17) Protection and promotion of fundamental
freedoms and human rights is an integral aspect of
genuine security, and in evaluating requests for
membership in NATO, the human rights records of
the emerging democracies in Central and Eastern
Europe should be evaluated according to their com-
mitments to fulfill in good faith the human rights
obligations of the Charter of the United Nations, the
principles of the Universal Declaration on Human
Rights, and the Helsinki Final Act.
(18) A number of Central and Eastern Euro-
pean countries have expressed interest in NATO
membership, and have taken concrete steps to dem-
onstrate this commitment, including their participa-
tion in Partnership for Peace activities.
(19) The Caucasus region remains important
geographically and politically to the future security
of Central Europe. As NATO proceeds with the
process of enlargement, the United States and
NATO should continue to examine means to
strengthen the sovereignty and enhance the security
430
of United Nations recognized countries in that re-
gion.
(20) In recognition that not all countries which
have requested membership in NATO will nec-
essarily qualify at the same pace, the accession date
for each new member will vary.
(21) The provision of additional NATO transi-
tion assistance should include those emerging de-
mocracies most ready for closer ties with NATO and
should be designed to assist other countries meeting
specified criteria of eligibility to move forward to-
ward eventual NATO membership.
(22) The Congress of the United States finds in
particular that Poland, Hungary, and the Czech Re-
public have made significant progress toward achiev-
ing the criteria set forth in section 203(d)(3) of the
NATO Participation Act of 1994 and should be eli-
gible for the additional assistance described in this
Act.
(23) The evaluation of future membership in
NATO for emerging democracies in Central and
Eastern Europe should be based on the progress of
those nations in meeting criteria for NATO member-
ship, which require enhancement of NATO’s security
and the approval of all NATO members.
431
(24) The process of NATO enlargement entails
the consensus agreement of the governments of all
16 NATO members and ratification in accordance
with their constitutional procedures.
(25) Some NATO members, such as Spain and
Norway, do not allow the deployment of nuclear
weapons on their territory although they are ac-
corded the full collective security guarantees pro-
vided by Article 5 of the Washington Treaty. There
is no a priori requirement for the stationing of nu-
clear weapons on the territory of new NATO mem-
bers, particularly in the current security climate.
However, NATO retains the right to alter its secu-
rity posture at any time as circumstances warrant.
SEC. 603. UNITED STATES POLICY.
It is the policy of the United States—
(1) to join with the NATO allies of the United
States to adapt the role of the NATO Alliance in the
post-Cold War world;
(2) to actively assist the emerging democracies
in Central and Eastern Europe in their transition so
that such countries may eventually qualify for
NATO membership;
(3) to support the enlargement of NATO in rec-
ognition that enlargement will benefit the interests
432
of the United States and the Alliance and to con-
sider these benefits in any analysis of the costs of
NATO enlargement;
(4) to ensure that all countries in Central and
Eastern Europe are fully aware of and capable of
assuming the costs and responsibilities of NATO
membership, including the obligation set forth in Ar-
ticle 10 of the Washington Treaty that new members
be able to contribute to the security of the North At-
lantic area; and
(5) to work to define a constructive and cooper-
ative political and security relationship between an
enlarged NATO and the Russian Federation.
SEC. 604. SENSE OF THE CONGRESS REGARDING FURTHER
ENLARGEMENT OF NATO.
It is the sense of the Congress that in order to
promote economic stability and security in Slovakia, Es-
tonia, Latvia, Lithuania, Romania, Bulgaria, Albania,
Moldova, and Ukraine—
(1) the United States should continue and ex-
pand its support for the full and active participation
of these countries in activities appropriate for quali-
fying for NATO membership;
(2) the United States Government should use
all diplomatic means available to press the European
433
Union to admit as soon as possible any country
which qualifies for membership;
(3) the United States Government and the
North Atlantic Treaty Organization should continue
and expand their support for military exercises and
peacekeeping initiatives between and among these
nations, nations of the North Atlantic Treaty Orga-
nization, and Russia; and
(4) the process of enlarging NATO to include
emerging democracies in Central and Eastern Eu-
rope should not be limited to consideration of admit-
ting Poland, Hungary, the Czech Republic, and Slo-
venia as full members of the NATO Alliance.
SEC. 605. SENSE OF THE CONGRESS REGARDING ESTONIA,
LATVIA AND LITHUANIA.
In view of the forcible incorporation of Estonia,
Latvia, Lithuania into the Soviet Union in 1940 under
the Molotov-Ribbentrop Pact and the refusal of the Unit-
ed States and other countries to recognize that incorpora-
tion for over 50 years, it is the sense of the Congress
that—
(1) Estonia, Latvia, and Lithuania have valid
historical security concerns that must be taken into
account by the United States; and
434
(2) Estonia, Latvia, and Lithuania should not
be disadvantaged in seeking to join NATO by virtue
of their forcible incorporation into the Soviet Union.
SEC. 606. DESIGNATION OF COUNTRIES ELIGIBLE FOR
NATO ENLARGEMENT ASSISTANCE.
(a) IN GENERAL.—The following countries are
designated as eligible to receive assistance under the pro-
gram established under section 203(a) of the NATO Par-
ticipation Act of 1994 and shall be deemed to have been
so designated pursuant to section 203(d)(1) of such Act:
Poland, Hungary, and the Czech Republic.
(b) DESIGNATION
OF SLOVENIA.—Effective 90
days after the date of enactment of this Act, Slovenia is
designated as eligible to receive assistance under the pro-
gram established under section 203(a) of the NATO Par-
ticipation Act of 1994, and shall be deemed to have been
so designated pursuant to section 203(d) of such Act, un-
less the President certifies to Congress prior to such ef-
fective date that Slovenia fails to meet the criteria under
section 203(d)(3) of such Act.
(c) DESIGNATION OF OTHER COUNTRIES.—The
President shall designate other emerging democracies in
Central and Eastern Europe as eligible to receive assist-
ance under the program established under section 203(a)
of such Act if such countries—
435
(1) have expressed a clear desire to join NATO;
(2) have begun an individualized dialogue with
NATO in preparation for accession;
(3) are strategically significant to an effective
NATO defense; and
(4) meet the other criteria outlined in section
203(d)(3) of the NATO Participation Act of 1994
(title II of Public Law 103–447; 22 U.S.C. 1928
note).
(d) RULE OF CONSTRUCTION.—Nothing in this
section precludes the designation by the President of Es-
tonia, Latvia, Lithuania, Romania, Slovakia, Bulgaria,
Albania, Moldova, Ukraine, or any other emerging de-
mocracy in Central and Eastern Europe pursuant to sec-
tion 203(d) of the NATO Participation Act of 1994 as
eligible to receive assistance under the program estab-
lished under section 203(a) of such Act.
SEC. 607. AUTHORIZATION OF APPROPRIATIONS FOR NATO
ENLARGEMENT ASSISTANCE.
(a) IN GENERAL.—There are authorized to be ap-
propriated $60,000,000 for fiscal year 1997 for the pro-
gram established under section 203(a) of the NATO Par-
ticipation Act of 1994.
(b) AVAILABILITY.—Of the funds authorized to be
appropriated by subsection (a)—
436
(1) not less than $20,000,000 shall be available
for the cost, as defined in section 502(5) of the
Credit Reform Act of 1990, of direct loans pursuant
to the authority of section 203(c)(4) of the NATO
Participation Act of 1994 (relating to the ‘‘Foreign
Military Financing Program’’);
(2) not less than $30,000,000 shall be available
for assistance on a grant basis pursuant to the au-
thority of section 203(c)(4) of the NATO Participa-
tion Act of 1994 (relating to the ‘‘Foreign Military
Financing Program’’); and
(3) not more than $10,000,000 shall be avail-
able for assistance pursuant to the authority of sec-
tion 203(c)(3) of the NATO Participation Act of
1994 (relating to international military education
and training).
(c) RULE OF CONSTRUCTION.—Amounts author-
ized to be appropriated under this section are authorized
to be appropriated in addition to such amounts as other-
wise may be available for such purposes.
SEC. 608. REGIONAL AIRSPACE INITIATIVE AND PARTNER-
SHIP FOR PEACE INFORMATION MANAGE-
MENT SYSTEM.
(a) IN GENERAL.—To the extent provided in ad-
vance in appropriations acts for such purposes, funds de-
437
scribed in subsection (b) are authorized to be made avail-
able to support the implementation of the Regional Air-
space Initiative and the Partnership for Peace Informa-
tion Management System, including—
(1) the procurement of items in support of
these programs; and
(2) the transfer of such items to countries par-
ticipating in these programs.
(b) FUNDS DESCRIBED.—Funds described in this
subsection are funds that are available—
(1) during any fiscal year under the NATO
Participation Act of 1994 with respect to countries
eligible for assistance under that Act; or
(2) during fiscal year 1997 under any Act to
carry out the Warsaw Initiative.
SEC. 609. EXCESS DEFENSE ARTICLES.
(a) PRIORITY DELIVERY.—Notwithstanding any
other provision of law, the delivery of excess defense arti-
cles under the authority of section 203(c) (1) and (2) of
the NATO Participation Act of 1994 and section 516 of
the Foreign Assistance Act of 1961 shall be given prior-
ity to the maximum extent feasible over the delivery of
such excess defense articles to all other countries except
those countries referred to in section 541 of the Foreign
Operations, Export Financing, and Related Programs
438
Appropriations Act, 1995 (Public Law 103–306; 108
Stat. 1640).
(b) COOPERATIVE REGIONAL PEACEKEEPING INI-
TIATIVES.—The Congress encourages the President to
provide excess defense articles and other appropriate as-
sistance to cooperative regional peacekeeping initiatives
involving emerging democracies in Central and Eastern
Europe that have expressed an interest in joining NATO
in order to enhance their ability to contribute to Euro-
pean peace and security and international peacekeeping
efforts.
SEC. 610. MODERNIZATION OF DEFENSE CAPABILITY.
The Congress endorses efforts by the United
States to modernize the defense capability of Poland,
Hungary, the Czech Republic, Slovenia, and any other
countries designated by the President pursuant to section
203(d) of the NATO Participation Act of 1994, by ex-
ploring with such countries options for the sale or lease
to such countries of weapons systems compatible with
those used by NATO members, including air defense sys-
tems, advanced fighter aircraft, and telecommunications
infrastructure.
SEC. 611. TERMINATION OF ELIGIBILITY.
(a) TERMINATION
OF ELIGIBILITY.—The eligi-
bility of a country designated pursuant to subsection (a)
439
or (b) of section 606 or pursuant to section 203(d) of the
NATO Participation Act of 1994 may be terminated
upon a determination by the President that such country
does not meet the criteria set forth in section 203(d)(3)
of the NATO Participation Act of 1994.
(b) NOTIFICATION.—At least 15 days before ter-
minating the eligibility of any country pursuant to sub-
section (a), the President shall notify the congressional
committees specified in section 634A of the Foreign As-
sistance Act of 1961 in accordance with the procedures
applicable to reprogramming notifications under that sec-
tion.
SEC. 612. CONFORMING AMENDMENTS TO THE NATO PAR-
TICIPATION ACT.
The NATO Participation Act of 1994 (title II of
Public Law 103–447; 22 U.S.C. 1928 note) is amended
in sections 203(a), 203(d)(1), and 203(d)(2) by striking
‘‘countries emerging from communist domination’’ each
place it appears and inserting ‘‘emerging democracies in
Central and Eastern Europe’’.
440
TITLE VII—MIDDLE EAST DEVELOPMENT
BANK
SEC. 701. SHORT TITLE.
This title may be cited as the ‘‘Bank for Eco-
nomic Cooperation and Development in the Middle East
and North Africa Act.’’.
SEC. 702. ACCEPTANCE OF MEMBERSHIP.
The President is hereby authorized to accept
membership for the United States in the Bank for Eco-
nomic Cooperation and Development in the Middle East
and North Africa (in this title referred to as the ‘‘Bank’’)
provided for by the agreement establishing the Bank (in
this title referred to as the ‘‘Agreement’’), signed on May
31, 1996.
SEC. 703. GOVERNOR AND ALTERNATE GOVERNOR.
(a) APPOINTMENT.—At the inaugural meeting of
the Board of Governors of the Bank, the Governor and
the alternate for the Governor of the International Bank
for Reconstruction and Development, appointed pursuant
to section 3 of the Bretton Woods Agreements Act, shall
serve ex-officio as a Governor and the alternate for the
Governor, respectively, of the Bank. The President, by
and with the advice and consent of the Senate, shall ap-
point a Governor of the Bank and an alternate for the
Governor.
441
(b) COMPENSATION.—Any person who serves as a
Governor of the Bank or as an alternate for the Governor
may not receive any salary or other compensation from
the United States by reason of such service.
SEC. 704. APPLICABILITY OF CERTAIN PROVISIONS OF THE
BRETTON WOODS AGREEMENTS ACT.
Section 4 of the Bretton Woods Agreements Act
shall apply to the Bank in the same manner in which
such section applies to the International Bank for Recon-
struction and Development and the International Mone-
tary Fund.
SEC. 705. FEDERAL RESERVE BANKS AS DEPOSITORIES.
Any Federal Reserve Bank which is requested to
do so by the Bank may act as its depository, or as its
fiscal agent, and the Board of Governors of the Federal
Reserve System shall exercise general supervision over
the carrying out of these functions.
SEC. 706. SUBSCRIPTION OF STOCK.
(a) SUBSCRIPTION AUTHORITY.—
(1) IN GENERAL.—The Secretary of the Treas-
ury may subscribe on behalf of the United States to
not more than 7,011,270 shares of the capital stock
of the Bank.
(2) EFFECTIVENESS
OF
SUBSCRIPTION
COM-
MITMENT.—Any commitment to make such subscrip-
442
tion shall be effective only to such extent or in such
amounts as are provided for in advance by appro-
priations Acts.
(b) LIMITATIONS ON AUTHORIZATION OF APPRO-
PRIATIONS.—For payment by the Secretary of the Treas-
ury of the subscription of the United States for shares
described in subsection (a), there are authorized to be ap-
propriated $1,050,007,800 without fiscal year limitation.
(c) LIMITATIONS
ON OBLIGATION
OF APPRO-
PRIATED AMOUNTS FOR SHARES OF CAPITAL STOCK.—
(1) PAID-IN CAPITAL STOCK.—
(A) 
IN
GENERAL.—Not 
more 
than
$105,000,000 of the amounts appropriated pur-
suant to subsection (b) may be obligated for
subscription to shares of paid-in capital stock.
(B) FISCAL YEAR 1997.—Not more than
$52,500,000 of the amounts appropriated pur-
suant to subsection (b) for fiscal year 1997 may
be obligated for subscription to shares of paid-
in capital stock.
(2) CALLABLE
CAPITAL
STOCK.—Not more
than $787,505,852 of the amounts appropriated
pursuant to subsection (b) may be obligated for sub-
scription to shares of callable capital stock.
443
(d) DISPOSITION OF NET INCOME DISTRIBUTIONS
BY THE BANK.—Any payment made to the United States
by the Bank as a distribution of net income shall be cov-
ered into the Treasury as a miscellaneous receipt.
SEC. 707. JURISDICTION AND VENUE OF CIVIL ACTIONS BY
OR AGAINST THE BANK.
(a) JURISDICTION.—The United States district
courts shall have original and exclusive jurisdiction of any
civil action brought in the United States by or against
the Bank.
(b) VENUE.—For purposes of section 1391(b) of
title 28, United States Code, the Bank shall be deemed
to be a resident of the judicial district in which the prin-
cipal office of the Bank in the United States, or its agent
appointed for the purpose of accepting service or notice
of service, is located.
SEC. 708. EFFECTIVENESS OF AGREEMENT.
The Agreement shall have full force and effect in
the United States, its territories and possessions, and the
Commonwealth of Puerto Rico, upon acceptance of mem-
bership by the United States in the Bank and the entry
into force of the Agreement.
444
SEC. 709. EXEMPTION FROM SECURITIES LAWS FOR CER-
TAIN SECURITIES ISSUED BY THE BANK; RE-
PORTS REQUIRED.
(a) EXEMPTION
FROM SECURITIES LAWS; RE-
PORTS TO SECURITIES AND EXCHANGE COMMISSION.—
Any securities issued by the Bank (including any guar-
anty by the Bank, whether or not limited in scope) in
connection with borrowing of funds, or the guarantee of
securities as to both principal and interest, shall be
deemed to be exempted securities within the meaning of
section 3(a)(2) of the Securities Act of 1933 and section
3(a)(12) of the Securities Exchange Act of 1934. The
Bank shall file with the Securities and Exchange Com-
mission such annual and other reports with regard to
such securities as the Commission shall determine to be
appropriate in view of the special character of the Bank
and its operations and necessary in the public interest or
for the protection of investors.
(b) AUTHORITY OF SECURITIES AND EXCHANGE
COMMISSION
TO SUSPEND EXEMPTION; REPORTS
TO
THE CONGRESS.—The Securities and Exchange Com-
mission, acting in consultation with such agency or offi-
cer as the President shall designate, may suspend the
provisions of subsection (a) at any time as to any or all
securities issued or guaranteed by the Bank during the
period of such suspension. The Commission shall include
445
in its annual reports to the Congress such information
as it shall deem advisable with regard to the operations
and effect of this section.
SEC. 710. TECHNICAL AMENDMENTS.
(a) ANNUAL REPORT REQUIRED ON PARTICIPA-
TION OF THE UNITED STATES IN THE BANK.—Section
1701(c)(2) of the International Financial Institutions Act
(22 U.S.C. 262r(c)(2)) is amended by inserting ‘‘Bank
for Economic Cooperation and Development in the Mid-
dle East and North Africa,’’ after ‘‘Inter-American De-
velopment Bank’’.
(b) EXEMPTION
FROM LIMITATIONS
AND RE-
STRICTIONS ON POWER OF NATIONAL, BANKING ASSO-
CIATIONS TO DEAL IN AND UNDERWRITE INVESTMENT
SECURITIES OF THE BANK.—The seventh sentence of
paragraph 7 of section 5136 of the Revised Statutes of
the United States (12 U.S.C. 24) is amended by insert-
ing ‘‘Bank for Economic Cooperation and Development
in the Middle East and North Africa,’’ after ‘‘the Inter-
American Development Bank’’.
(c) BENEFITS
FOR UNITED STATES CITIZEN-
REPRESENTATIVES TO THE BANK.—Section 51 of Public
Law 91–599 (22 U.S.C. 276c–2) is amended by inserting
‘‘the Bank for Economic Cooperation and Development
446
in the Middle East and North Africa,’’ after ‘‘the Inter-
American Development Bank,’’.
(d) For programs, projects or activities in the De-
partment of the Interior and Related Agencies Appropria-
tions Act, 1997, provided as follows, to be effective as if
it had been enacted into law as the regular appropria-
tions Act:
AN ACT
Making appropriations for the Department of the
Interior, and related agencies for the fiscal year ending
September 30, 1997, and for other purposes.
TITLE I—DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
MANAGEMENT OF LANDS AND RESOURCES
For expenses necessary for protection, use, improve-
ment, development, disposal, cadastral surveying, classi-
fication, acquisition of easements and other interests in
lands, and performance of other functions, including
maintenance of facilities, as authorized by law, in the
management of lands and their resources under the juris-
diction of the Bureau of Land Management, including
the general administration of the Bureau, and assessment
of mineral potential of public lands pursuant to Public
Law 96–487 (16 U.S.C. 3150(a)), $572,164,000, to re-
main available until expended, of which $2,010,000 shall
447
be available for assessment of the mineral potential of
public lands in Alaska pursuant to section 1010 of Public
Law 96–487 (16 U.S.C. 3150); and of which $3,000,000
shall be derived from the special receipt account estab-
lished by the Land and Water Conservation Act of 1965,
as amended (16 U.S.C. 460l–6a(i)); and of which
$1,000,000 shall be available in fiscal year 1997 subject
to a match by at least an equal amount by the National
Fish and Wildlife Foundation, to such Foundation for
challenge cost share projects supporting fish and wildlife
conservation 
affecting 
Bureau 
land; 
in 
addition,
$27,300,000 for Mining Law Administration program op-
erations, to remain available until expended, to be re-
duced by amounts collected by the Bureau and credited
to this appropriation from annual mining claim fees so as
to result in a final appropriation estimated at not more
than $572,164,000; and in addition, not to exceed
$5,000,000, to remain available until expended, from an-
nual mining claim fees; which shall be credited to this ac-
count for the costs of administering the mining claim fee
program, and $2,000,000 from communication site rental
fees established by the Bureau for the cost of administer-
ing communication site activities: Provided, That appro-
priations herein made shall not be available for the de-
struction of healthy, unadopted, wild horses and burros
448
in the care of the Bureau or its contractors: Provided fur-
ther, That in fiscal year 1997 and thereafter, all fees, ex-
cluding mining claim fees, in excess of the fiscal year
1996 collections established by the Secretary of the Inte-
rior under the authority of 43 U.S.C. 1734 for process-
ing, recording, or documenting authorizations to use pub-
lic lands or public land natural resources (including cul-
tural, historical, and mineral) and for providing specific
services to public land users, and which are not presently
being covered into any Bureau of Land Management ap-
propriation accounts, and not otherwise dedicated by law
for a specific distribution, shall be made immediately
available for program operations in this account and re-
main available until expended.
WILDLAND FIRE MANAGEMENT
For necessary expenses for fire use and manage-
ment, fire preparedness, suppression operations, and
emergency rehabilitation by the Department of the Inte-
rior, $252,042,000, to remain available until expended, of
which not to exceed $5,025,000 shall be for the renova-
tion or construction of fire facilities: Provided, That such
funds are also available for repayment of advances to
other appropriation accounts from which funds were pre-
viously transferred for such purposes: Provided further,
That persons hired pursuant to 43 U.S.C. 1469 may be
449
furnished subsistence and lodging without costs from
funds available from this appropriation: Provided further,
That unobligated balances of amounts previously appro-
priated to the ‘‘Fire Protection’’ and ‘‘Emergency De-
partment of the Interior Firefighting Fund’’ may be
transferred to this appropriation.
CENTRAL HAZARDOUS MATERIALS FUND
For necessary expenses of the Department of the In-
terior and any of its component offices and bureaus for
the remedial action, including associated activities, of
hazardous waste substances, pollutants, or contaminants
pursuant to the Comprehensive Environmental Response,
Compensation and Liability Act, as amended (42 U.S.C.
9601 et seq.), $12,000,000, to remain available until ex-
pended: Provided, That notwithstanding 31 U.S.C. 3302,
sums recovered from or paid by a party in advance of or
as reimbursement for remedial action or response activi-
ties conducted by the Department pursuant to sections
107 or 113(f) of such Act, shall be credited to this ac-
count to be available until expended without further ap-
propriation: Provided further, That such sums recovered
from or paid by any party are not limited to monetary
payments and may include stocks, bonds or other per-
sonal or real property, which may be retained, liquidated,
450
or otherwise disposed of by the Secretary and which shall
be credited to this account.
CONSTRUCTION
For construction of buildings, recreation facilities,
roads, trails, and appurtenant facilities, $4,333,000, to
remain available until expended.
PAYMENTS IN LIEU OF TAXES
For expenses necessary to implement the Act of Oc-
tober 20, 1976, as amended (31 U.S.C. 6901–07),
$113,500,000, of which not to exceed $400,000 shall be
available for administrative expenses.
LAND ACQUISITION
For expenses necessary to carry out sections 205,
206, and 318(d) of Public Law 94–579 including adminis-
trative expenses and acquisition of lands or waters, or in-
terests therein, $10,410,000, to be derived from the Land
and Water Conservation Fund, to remain available until
expended.
OREGON AND CALIFORNIA GRANT LANDS
For expenses necessary for management, protection,
and development of resources and for construction, oper-
ation, and maintenance of access roads, reforestation, and
other improvements on the revested Oregon and California
Railroad grant lands, on other Federal lands in the Or-
egon and California land-grant counties of Oregon, and
451
on adjacent rights-of-way; and acquisition of lands or in-
terests therein including existing connecting roads on or
adjacent to such grant lands; $100,515,000, to remain
available until expended: Provided, That 25 per centum
of the aggregate of all receipts during the current fiscal
year from the revested Oregon and California Railroad
grant lands is hereby made a charge against the Oregon
and California land-grant fund and shall be transferred
to the General Fund in the Treasury in accordance with
the second paragraph of subsection (b) of title II of the
Act of August 28, 1937 (50 Stat. 876).
RANGE IMPROVEMENTS
For rehabilitation, protection, and acquisition of
lands and interests therein, and improvement of Federal
rangelands pursuant to section 401 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701),
notwithstanding any other Act, sums equal to 50 per cen-
tum of all moneys received during the prior fiscal year
under sections 3 and 15 of the Taylor Grazing Act (43
U.S.C. 315 et seq.) and the amount designated for range
improvements from grazing fees and mineral leasing re-
ceipts from Bankhead-Jones lands transferred to the De-
partment of the Interior pursuant to law, but not less than
$9,113,000, to remain available until expended: Provided,
452
That not to exceed $600,000 shall be available for admin-
istrative expenses.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
For administrative expenses and other costs related
to processing application documents and other authoriza-
tions for use and disposal of public lands and resources,
for costs of providing copies of official public land docu-
ments, for monitoring construction, operation, and termi-
nation of facilities in conjunction with use authorizations,
and for rehabilitation of damaged property, such amounts
as may be collected under Public Law 94–579, as amend-
ed, and Public Law 93–153, to remain available until ex-
pended: Provided, That notwithstanding any provision to
the contrary of section 305(a) of Public Law 94–579 (43
U.S.C. 1735(a)), any moneys that have been or will be
received pursuant to that section, whether as a result of
forfeiture, compromise, or settlement, if not appropriate
for refund pursuant to section 305(c) of that Act (43
U.S.C. 1735(c)), shall be available and may be expended
under the authority of this Act by the Secretary to im-
prove, protect, or rehabilitate any public lands adminis-
tered through the Bureau of Land Management which
have been damaged by the action of a resource developer,
purchaser, permittee, or any unauthorized person, without
regard to whether all moneys collected from each such ac-
453
tion are used on the exact lands damaged which led to
the action: Provided further, That any such moneys that
are in excess of amounts needed to repair damage to the
exact land for which funds were collected may be used to
repair other damaged public lands.
MISCELLANEOUS TRUST FUNDS
In addition to amounts authorized to be expended
under existing laws, there is hereby appropriated such
amounts as may be contributed under section 307 of the
Act of October 21, 1976 (43 U.S.C. 1701), and such
amounts as may be advanced for administrative costs, sur-
veys, appraisals, and costs of making conveyances of omit-
ted lands under section 211(b) of that Act, to remain
available until expended.
ADMINISTRATIVE PROVISIONS
Appropriations for the Bureau of Land Management
shall be available for purchase, erection, and dismantle-
ment of temporary structures, and alteration and mainte-
nance of necessary buildings and appurtenant facilities to
which the United States has title; up to $100,000 for pay-
ments, at the discretion of the Secretary, for information
or evidence concerning violations of laws administered by
the Bureau; miscellaneous and emergency expenses of en-
forcement activities authorized or approved by the Sec-
retary and to be accounted for solely on his certificate,
454
not to exceed $10,000: Provided, That notwithstanding 44
U.S.C. 501, the Bureau may, under cooperative cost-shar-
ing and partnership arrangements authorized by law, pro-
cure printing services from cooperators in connection with
jointly-produced publications for which the cooperators
share the cost of printing either in cash or in services,
and the Bureau determines the cooperator is capable of
meeting accepted quality standards.
The Bureau of Land Management’s Visitor Cen-
ter in Rand, Oregon is hereby named the ‘‘William B.
Smullin Visitor Center’’.
UNITED STATES FISH AND WILDLIFE SERVICE
RESOURCE MANAGEMENT
For expenses necessary for scientific and economic
studies, conservation, management, investigations, protec-
tion, and utilization of fishery and wildlife resources, ex-
cept whales, seals, and sea lions, and for the performance
of other authorized functions related to such resources; for
the general administration of the United States Fish and
Wildlife Service; for maintenance of the herd of long-
horned cattle on the Wichita Mountains Wildlife Refuge;
and not less than $1,000,000 for high priority projects
within the scope of the approved budget which shall be
carried out by the Youth Conservation Corps as author-
ized by the Act of August 13, 1970, as amended,
455
$523,947,000, to remain available until September 30,
1998, of which $11,557,000 shall remain available until
expended for operation and maintenance of fishery mitiga-
tion facilities constructed by the Corps of Engineers under
the Lower Snake River Compensation Plan, authorized by
the Water Resources Development Act of 1976, to com-
pensate for loss of fishery resources from water develop-
ment projects on the Lower Snake River, and of which
$2,000,000 shall be provided to local governments in
southern California for planning associated with the Natu-
ral Communities Conservation Planning (NCCP) program
and shall remain available until expended: Provided, That
hereafter, pursuant to 31 U.S.C. 9701, the Secretary shall
charge reasonable fees for the full costs of providing train-
ing by the National Education and Training Center, to
be credited to this account, notwithstanding 31 U.S.C.
3302, for the direct costs of providing such training.
CONSTRUCTION
For construction and acquisition of buildings and
other facilities required in the conservation, management,
investigation, protection, and utilization of fishery and
wildlife resources, and the acquisition of lands and inter-
ests therein; $43,365,000 to remain available until ex-
pended.
456
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
To conduct natural resource damage assessment ac-
tivities by the Department of the Interior necessary to
carry out the provisions of the Comprehensive Environ-
mental Response, Compensation, and Liability Act, as
amended (42 U.S.C. 9601, et seq.), Federal Water Pollu-
tion Control Act, as amended (33 U.S.C. 1251, et seq.),
the Oil Pollution Act of 1990 (Public Law 101–380), and
Public Law 101–337; $4,000,000, to remain available
until expended.
LAND ACQUISITION
For expenses necessary to carry out the Land and
Water Conservation Fund Act of 1965, as amended (16
U.S.C. 460l–4–11), including administrative expenses,
and for acquisition of land or waters, or interest therein,
in accordance with statutory authority applicable to the
United States Fish and Wildlife Service, $44,479,000, of
which $3,000,000 is authorized to be appropriated and
shall be used to establish the Clarks River National Wild-
life Refuge in Kentucky, to be derived from the Land and
Water Conservation Fund, to remain available until ex-
pended.
457
COOPERATIVE ENDANGERED SPECIES CONSERVATION
FUND
For expenses necessary to carry out the provisions
of the Endangered Species Act of 1973 (16 U.S.C. 1531–
1543), as amended, $14,085,000, for grants to States, to
be derived from the Cooperative Endangered Species Con-
servation Fund, and to remain available until expended.
NATIONAL WILDLIFE REFUGE FUND
For expenses necessary to implement the Act of Octo-
ber 17, 1978 (16 U.S.C. 715s), $10,779,000.
REWARDS AND OPERATIONS
For expenses necessary to carry out the provisions
of the African Elephant Conservation Act (16 U.S.C.
4201–4203, 4211–4213, 4221–4225, 4241–4245, and
1538), $1,000,000, to remain available until expended.
NORTH AMERICAN WETLANDS CONSERVATION FUND
For expenses necessary to carry out the provisions
of the North American Wetlands Conservation Act, Public
Law 101–233, as amended, $9,750,000, to remain avail-
able until expended.
RHINOCEROS AND TIGER CONSERVATION FUND
For deposit to the Rhinoceros and Tiger Conserva-
tion Fund, $400,000, to remain available until expended,
to carry out the Rhinoceros and Tiger Conservation Act
of 1994 (Public Law 103–391).
458
WILDLIFE CONSERVATION AND APPRECIATION FUND
For deposit to the Wildlife Conservation and Appre-
ciation Fund, $800,000, to remain available until ex-
pended.
ADMINISTRATIVE PROVISIONS
Appropriations and funds available to the United
States Fish and Wildlife Service shall be available for pur-
chase of not to exceed 83 passenger motor vehicles of
which 73 are for replacement only (including 43 for police-
type use); not to exceed $400,000 for payment, at the dis-
cretion of the Secretary, for information, rewards, or evi-
dence concerning violations of laws administered by the
Service, and miscellaneous and emergency expenses of en-
forcement activities, authorized or approved by the Sec-
retary and to be accounted for solely on his certificate;
repair of damage to public roads within and adjacent to
reservation areas caused by operations of the Service; op-
tions for the purchase of land at not to exceed $1 for each
option; facilities incident to such public recreational uses
on conservation areas as are consistent with their primary
purpose; and the maintenance and improvement of aquar-
ia, buildings, and other facilities under the jurisdiction of
the Service and to which the United States has title, and
which are utilized pursuant to law in connection with man-
agement and investigation of fish and wildlife resources:
459
Provided, That notwithstanding 44 U.S.C. 501, the Serv-
ice may, under cooperative cost sharing and partnership
arrangements authorized by law, procure printing services
from cooperators in connection with jointly-produced pub-
lications for which the cooperators share at least one-half
the cost of printing either in cash or services and the Serv-
ice determines the cooperator is capable of meeting accept-
ed quality standards: Provided further, That the Service
may accept donated aircraft as replacements for existing
aircraft: Provided further, That notwithstanding any other
provision of law, the Secretary of the Interior may not
spend any of the funds appropriated in this Act for the
purchase of lands or interests in lands to be used in the
establishment of any new unit of the National Wildlife
Refuge System unless the purchase is approved in advance
by the House and Senate Committees on Appropriations
in compliance with the reprogramming procedures con-
tained in House Report 103–551: Provided further, That
section 101(c) of the Omnibus Consolidated Rescissions
and Appropriations Act of 1996 is amended in section
315(c)(1)(E) (110 Stat. 1321–201; 16 U.S.C. 460l–6a
note) by striking ‘‘distributed in accordance with section
201(c) of the Emergency Wetlands Resources Act’’ and
inserting ‘‘available to the Secretary of the Interior until
expended to be used in accordance with clauses (i), (ii),
460
and (iii) of section 201(c)(A) of the Emergency Wetlands
Resources Act of 1986 (16 U.S.C. 3911(c)(A))’’.
NATIONAL PARK SERVICE
OPERATION OF THE NATIONAL PARK SYSTEM
For expenses necessary for the management, oper-
ation, and maintenance of areas and facilities adminis-
tered by the National Park Service (including special road
maintenance service to trucking permittees on a reimburs-
able basis), and for the general administration of the Na-
tional Park Service, including not to exceed $1,593,000
for the Volunteers-in-Parks program, and not less than
$1,000,000 for high priority projects within the scope of
the approved budget which shall be carried out by the
Youth Conservation Corps as authorized by 16 U.S.C.
1706, $1,152,311,000, without regard to 16 U.S.C. 451,
of which $8,000,000 for research, planning and inter-
agency coordination in support of land acquisition for Ev-
erglades restoration shall remain available until expended,
and of which not to exceed $72,000,000, to remain avail-
able until expended, is to be derived from the special fee
account established pursuant to title V, section 5201, of
Public Law 100–203.
NATIONAL RECREATION AND PRESERVATION
For expenses necessary to carry out recreation pro-
grams, natural programs, cultural programs, environ-
461
mental compliance and review, international park affairs,
statutory or contractual aid for other activities, and grant
administration, not otherwise provided for, $37,976,000.
HISTORIC PRESERVATION FUND
For expenses necessary in carrying out the Historic
Preservation Act of 1966, as amended (16 U.S.C. 470),
$36,612,000, to be derived from the Historic Preservation
Fund, to remain available until September 30, 1998.
CONSTRUCTION
For construction, improvements, repair or replace-
ment of physical facilities including the modifications au-
thorized by section 104 of the Everglades National Park
Protection and Expansion Act of 1989, $163,444,000, to
remain available until expended, of which $270,000 shall
be used for appropriate fish restoration projects not relat-
ed to dam removal including reimbursement to the State
of Washington for emergency actions taken to protect the
1996 run of fall chinook salmon on the Elwha River: Pro-
vided, That funds previously provided under this heading
that had been made available to the City of Hot Springs,
Arkansas, to be used for a flood protection feasibility
study, are now made available to the City of Hot Springs
for the rehabilitation of the Federally-constructed Hot
Springs Creek Arch, including the portion within Hot
Springs National Park.
462
LAND AND WATER CONSERVATION FUND
(RESCISSION)
The contract authority provided for fiscal year 1997
by 16 U.S.C. 460l–10a is rescinded.
LAND ACQUISITION AND STATE ASSISTANCE
For expenses necessary to carry out the Land and
Water Conservation Fund Act of 1965, as amended (16
U.S.C. 460l–4–11), including administrative expenses,
and for acquisition of lands or waters, or interest therein,
in accordance with statutory authority applicable to the
National Park Service, $53,915,000, to be derived from
the Land and Water Conservation Fund, to remain avail-
able until expended, of which $1,500,000 is to administer
the State assistance program: Provided, That any funds
made available for the purpose of acquisition of the Elwha
and Glines dams shall be used solely for acquisition, and
shall not be expended until the full purchase amount has
been appropriated by the Congress: Provided further, That
of the funds provided herein, $9,000,000 is available for
acquisition of the Sterling Forest, subject to authorization.
ADMINISTRATIVE PROVISIONS
Appropriations for the National Park Service shall be
available for the purchase of not to exceed 404 passenger
motor vehicles, of which 287 shall be for replacement only,
including not to exceed 320 for police-type use, 13 buses,
and 6 ambulances: Provided, That none of the funds ap-
463
propriated to the National Park Service may be used to
process any grant or contract documents which do not in-
clude the text of 18 U.S.C. 1913: Provided further, That
none of the funds appropriated to the National Park Serv-
ice may be used to implement an agreement for the rede-
velopment of the southern end of Ellis Island until such
agreement has been submitted to the Congress and shall
not be implemented prior to the expiration of 30 calendar
days (not including any day in which either House of Con-
gress is not in session because of adjournment of more
than three calendar days to a day certain) from the receipt
by the Speaker of the House of Representatives and the
President of the Senate of a full and comprehensive report
on the development of the southern end of Ellis Island,
including the facts and circumstances relied upon in sup-
port of the proposed project.
None of the funds in this Act may be spent by the
National Park Service for activities taken in direct re-
sponse to the United Nations Biodiversity Convention.
The National Park Service may in fiscal year 1997
and thereafter enter into cooperative agreements that in-
volve the transfer of National Park Service appropriated
funds to State, local and tribal governments, other public
entities, educational institutions, and private nonprofit or-
ganizations for the public purpose of carrying out National
464
Park Service programs pursuant to 31 U.S.C. 6305 to
carry out public purposes of National Park Service pro-
grams.
Nothwithstanding any other provision of law, re-
maining balances, including interest, from funds granted
to the National Park Foundation pursuant to the Na-
tional Park System Visitor Facilities Fund Act of 1983
(Public Law 97–433, 96 Stat. 2277) shall be available to
the National Park Foundation for expenditure in units of
the National Park System for the purpose of improving
visitor facilities.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
For expenses necessary for the United States Geo-
logical Survey to perform surveys, investigations, and re-
search covering topography, geology, hydrology, and the
mineral and water resources of the United States, its Ter-
ritories and possessions, and other areas as authorized by
43 U.S.C. 31, 1332 and 1340; classify lands as to their
mineral and water resources; give engineering supervision
to power permittees and Federal Energy Regulatory Com-
mission licensees; administer the minerals exploration pro-
gram (30 U.S.C. 641); and publish and disseminate data
relative to the foregoing activities; and to conduct inquiries
into the economic conditions affecting mining and mate-
465
rials processing industries (30 U.S.C. 3, 21a, and 1603;
50 U.S.C. 98g(1)) and related purposes as authorized by
law and to publish and disseminate data; $738,913,000
of which $64,559,000 shall be available only for coopera-
tion with States or municipalities for water resources in-
vestigations; and of which $16,000,000 shall remain avail-
able until expended for conducting inquiries into the eco-
nomic conditions affecting mining and materials process-
ing industries; and of which $137,500,000 shall be avail-
able until September 30, 1998 for the biological research
activity and the operation of the Cooperative Research
Units: Provided, That none of these funds provided for
the biological research activity shall be used to conduct
new surveys on private property, unless specifically au-
thorized in writing by the property owner: Provided fur-
ther, That beginning in fiscal year 1998 and once every
five years thereafter, the National Academy of Sciences
shall review and report on the biological research activity
of the Survey: Provided further, That no part of this ap-
propriation shall be used to pay more than one-half the
cost of topographic mapping or water resources data col-
lection and investigations carried on in cooperation with
States and municipalities.
466
ADMINISTRATIVE PROVISIONS
The amount appropriated for the United States Geo-
logical Survey shall be available for the purchase of not
to exceed 53 passenger motor vehicles, of which 48 are
for replacement only; reimbursement to the General Serv-
ices Administration for security guard services; contract-
ing for the furnishing of topographic maps and for the
making of geophysical or other specialized surveys when
it is administratively determined that such procedures are
in the public interest; construction and maintenance of
necessary buildings and appurtenant facilities; acquisition
of lands for gauging stations and observation wells; ex-
penses of the United States National Committee on Geol-
ogy; and payment of compensation and expenses of per-
sons on the rolls of the Survey duly appointed to represent
the United States in the negotiation and administration
of interstate compacts: Provided, That activities funded by
appropriations herein made may be accomplished through
the use of contracts, grants, or cooperative agreements as
defined in 31 U.S.C. 6302, et seq.
MINERALS MANAGEMENT SERVICE
ROYALTY AND OFFSHORE MINERALS MANAGEMENT
For expenses necessary for minerals leasing and envi-
ronmental studies, regulation of industry operations, and
collection of royalties, as authorized by law; for enforcing
467
laws and regulations applicable to oil, gas, and other min-
erals leases, permits, licenses and operating contracts; and
for matching grants or cooperative agreements; including
the purchase of not to exceed eight passenger motor vehi-
cles for replacement only; $156,955,000, of which not less
than $70,063,000 shall be available for royalty manage-
ment activities; and an amount not to exceed $41,000,000
for the Technical Information Management System and
activities of the Outer Continental Shelf (OCS) Lands Ac-
tivity, to be credited to this appropriation and to remain
available until expended, from additions to receipts result-
ing from increases to rates in effect on August 5, 1993,
from rate increases to fee collections for OCS administra-
tive activities performed by the Minerals Management
Service over and above the rates in effect on September
30, 1993, and from additional fees for OCS administrative
activities established after September 30, 1993: Provided,
That $1,500,000 for computer acquisitions shall remain
available until September 30, 1998: Provided further, That
funds appropriated under this Act shall be available for
the payment of interest in accordance with 30 U.S.C.
1721 (b) and (d): Provided further, That not to exceed
$3,000 shall be available for reasonable expenses related
to promoting volunteer beach and marine cleanup activi-
ties: Provided further, That notwithstanding any other
468
provision of law, $15,000 under this head shall be avail-
able for refunds of overpayments in connection with cer-
tain Indian leases in which the Director of the Minerals
Management Service concurred with the claimed refund
due, to pay amounts owed to Indian allottees or Tribes,
or to correct prior unrecoverable erroneous payments.
OIL SPILL RESEARCH
For necessary expenses to carry out title I, section
1016, title IV, sections 4202 and 4303, title VII, and title
VIII, section 8201 of the Oil Pollution Act of 1990,
$6,440,000, which shall be derived from the Oil Spill Li-
ability Trust Fund, to remain available until expended.
OFFICE OF SURFACE MINING RECLAMATION AND
ENFORCEMENT
REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions
of the Surface Mining Control and Reclamation Act of
1977, Public Law 95–87, as amended, including the pur-
chase of not to exceed 10 passenger motor vehicles, for
replacement only; $94,172,000, and notwithstanding 31
U.S.C. 3302, an additional amount shall be credited to
this account, to remain available until expended, from per-
formance bond forfeitures in fiscal year 1997: Provided,
That the Secretary of the Interior, pursuant to regula-
tions, may utilize directly or through grants to States,
469
moneys collected in fiscal year 1997 for civil penalties as-
sessed under section 518 of the Surface Mining Control
and Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim
lands adversely affected by coal mining practices after Au-
gust 3, 1977, to remain available until expended: Provided
further, That appropriations for the Office of Surface Min-
ing Reclamation and Enforcement may provide for the
travel and per diem expenses of State and tribal personnel
attending Office of Surface Mining Reclamation and En-
forcement sponsored training.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out title IV of the
Surface Mining Control and Reclamation Act of 1977,
Public Law 95–87, as amended, including the purchase
of not more than 10 passenger motor vehicles for replace-
ment only, $177,085,000, to be derived from receipts of
the Abandoned Mine Reclamation Fund and to remain
available until expended; of which up to $4,000,000 shall
be for supplemental grants to States for the reclamation
of abandoned sites with acid mine rock drainage from coal
mines through the Appalachian Clean Streams Initiative:
Provided, That grants to minimum program States will
be $1,500,000 per State in fiscal year 1997: Provided fur-
ther, That of the funds herein provided up to $18,000,000
may be used for the emergency program authorized by sec-
470
tion 410 of Public Law 95–87, as amended, of which no
more than 25 per centum shall be used for emergency rec-
lamation projects in any one State and funds for federally-
administered emergency reclamation projects under this
proviso shall not exceed $11,000,000: Provided further,
That prior year unobligated funds appropriated for the
emergency reclamation program shall not be subject to the
25 per centum limitation per State and may be used with-
out fiscal year limitation for emergency projects: Provided
further, That pursuant to Public Law 97–365, the Depart-
ment of the Interior is authorized to use up to 20 per
centum from the recovery of the delinquent debt owed to
the United States Government to pay for contracts to col-
lect these debts: Provided further, That funds made avail-
able to States under title IV of Public Law 95–87 may
be used, at their discretion, for any required non-Federal
share of the cost of projects funded by the Federal Gov-
ernment for the purpose of environmental restoration re-
lated to treatment or abatement of acid mine drainage
from abandoned mines: Provided further, That such
projects must be consistent with the purposes and prior-
ities of the Surface Mining Control and Reclamation Act:
Provided further, That the State of Maryland may set
aside the greater of $1,000,000 or 10 percent of the total
of the grants made available to the State under title IV
471
of the Surface Mining Control and Reclamation Act of
1977, as amended (30 U.S.C. 1231 et seq.), if the amount
set aside is deposited in an acid mine drainage abatement
and treatment fund established under a State law, pursu-
ant to which law the amount (together with all interest
earned on the amount) is expended by the State to under-
take acid mine drainage abatement and treatment
projects, except that before any amounts greater than 10
percent of its title IV grants are deposited in an acid mine
drainage abatement and treatment fund, the State of
Maryland must first complete all Surface Mining Control
and Reclamation Act priority one projects.
BUREAU OF INDIAN AFFAIRS
OPERATION OF INDIAN PROGRAMS
For operation of Indian programs by direct expendi-
ture, contracts, cooperative agreements, compacts, and
grants including expenses necessary to provide education
and welfare services for Indians, either directly or in co-
operation with States and other organizations, including
payment of care, tuition, assistance, and other expenses
of Indians in boarding homes, or institutions, or schools;
grants and other assistance to needy Indians; maintenance
of law and order; management, development, improve-
ment, and protection of resources and appurtenant facili-
ties under the jurisdiction of the Bureau, including pay-
472
ment of irrigation assessments and charges; acquisition of
water rights; advances for Indian industrial and business
enterprises; operation of Indian arts and crafts shops and
museums; development of Indian arts and crafts, as au-
thorized by law; for the general administration of the Bu-
reau, including such expenses in field offices; maintaining
of Indian reservation roads as defined in 23 U.S.C. 101;
and construction, repair, and improvement of Indian hous-
ing, $1,436,902,000, of which not to exceed $86,520,000
shall be for welfare assistance payments and not to exceed
$90,829,000 shall be for payments to tribes and tribal or-
ganizations for contract support costs associated with on-
going contracts or grants or compacts entered into with
the Bureau prior to fiscal year 1997, as authorized by the
Indian Self-Determination Act of 1975, as amended, and
up to $5,000,000 shall be for the Indian Self-Determina-
tion Fund, which shall be available for the transitional
cost of initial or expanded tribal contracts, grants, com-
pacts, or cooperative agreements with the Bureau under
such Act; and of which not to exceed $365,124,000 for
school operations costs of Bureau-funded schools and
other education programs shall become available on July
1, 1997, and shall remain available until September 30,
1998; and of which not to exceed $53,805,000 for higher
education scholarships, adult vocational training, and as-
473
sistance to public schools under 25 U.S.C. 452 et seq.,
shall remain available until September 30, 1998; and of
which not to exceed $54,973,000 shall remain available
until expended for housing improvement, road mainte-
nance, attorney fees, litigation support, self-governance
grants, the Indian Self-Determination Fund, and the Nav-
ajo-Hopi Settlement Program: Provided, That tribes and
tribal contractors may use their tribal priority allocations
for unmet indirect costs of ongoing contracts, grants or
compact agreements and for unmet welfare assistance
costs: Provided further, That funds made available to
tribes and tribal organizations through contracts or grants
obligated during fiscal year 1997, as authorized by the In-
dian Self-Determination Act of 1975, or grants authorized
by the Indian Education Amendments of 1988 (25 U.S.C.
2001 and 2008A) shall remain available until expended
by the contractor or grantee: Provided further, That to
provide funding uniformity within a Self-Governance Com-
pact, any funds provided in this Act with availability for
more than one year may be reprogrammed to one year
availability but shall remain available within the Compact
until expended: Provided further, That notwithstanding
any other provision of law, Indian tribal governments may,
by appropriate changes in eligibility criteria or by other
means, change eligibility for general assistance or change
474
the amount of general assistance payments for individuals
within the service area of such tribe who are otherwise
deemed eligible for general assistance payments so long
as such changes are applied in a consistent manner to in-
dividuals similarly situated: Provided further, That any
savings realized by such changes shall be available for use
in meeting other priorities of the tribes: Provided further,
That any net increase in costs to the Federal Government
which result solely from tribally increased payment levels
for general assistance shall be met exclusively from funds
available to the tribe from within its tribal priority alloca-
tion: Provided further, That any forestry funds allocated
to a tribe which remain unobligated as of September 30,
1997, may be transferred during fiscal year 1998 to an
Indian forest land assistance account established for the
benefit of such tribe within the tribe’s trust fund account:
Provided further, That any such unobligated balances not
so transferred shall expire on September 30, 1998: Pro-
vided further, That notwithstanding any other provision of
law, no funds available to the Bureau, other than the
amounts provided herein for assistance to public schools
under 25 U.S.C. 452 et seq., shall be available to support
the operation of any elementary or secondary school in the
State of Alaska in fiscal year 1997: Provided further, That
funds made available in this or any other Act for expendi-
475
ture through September 30, 1998 for schools funded by
the Bureau shall be available only to the schools in the
Bureau school system as of September 1, 1995: Provided
further, That no funds available to the Bureau shall be
used to support expanded grades for any school or dor-
mitory beyond the grade structure in place or approved
by the Secretary of the Interior at each school in the Bu-
reau school system as of October 1, 1995: Provided fur-
ther, That in fiscal year 1997 and thereafter, notwith-
standing the provisions of 25 U.S.C. 2012(h)(1) (A) and
(B), upon the recommendation of either (i) a local school
board and school supervisor for an education position in
a Bureau of Indian Affairs operated school, or (ii) an
Agency school board and education line officer for an
Agency education position, the Secretary shall establish
adjustments to the rates of basic compensation or annual
salary rates established under 25 U.S.C. 2012(h)(1) (A)
and (B) for education positions at the school or the Agen-
cy, at a level not less than that for comparable positions
in the nearest public school district, and the adjustment
shall be deemed to be a change to basic pay and shall
not be subject to collective bargaining: Provided further,
That any reduction to rates of basic compensation or an-
nual salary rates below the rates established under 25
U.S.C. 2012(h)(1) (A) and (B) shall apply only to edu-
476
cators appointed after June 30, 1997, and shall not affect
the right of an individual employed on June 30, 1997, in
an education position, to receive the compensation at-
tached to such position under 25 U.S.C. 2012(h)(1) (A)
and (B) so long as the individual remains in the same po-
sition at the same school: Provided further, That notwith-
standing 25 U.S.C. 2012(h)(1)(B), when the rates of basic
compensation for teachers and counselors at Bureau-oper-
ated schools are established at the rates of basic com-
pensation applicable to comparable positions in overseas
schools under the Defense Department Overseas Teachers
Pay and Personnel Practices Act, such rates shall become
effective with the start of the next academic year following
the issuance of the Department of Defense salary schedule
and shall not be effected retroactively.
CONSTRUCTION
For construction, major repair, and improvement of
irrigation and power systems, buildings, utilities, and
other facilities, including architectural and engineering
services by contract; acquisition of lands, and interests in
lands; and preparation of lands for farming, and for con-
struction of the Navajo Indian Irrigation Project pursuant
to Public Law 87–483 $94,531,000, to remain available
until expended: Provided, That such amounts as may be
available for the construction of the Navajo Indian Irriga-
477
tion Project may be transferred to the Bureau of Reclama-
tion: Provided further, That not to exceed 6 per centum
of contract authority available to the Bureau of Indian
Affairs from the Federal Highway Trust Fund may be
used to cover the road program management costs of the
Bureau: Provided further, That any funds provided for the
Safety of Dams program pursuant to 25 U.S.C. 13 shall
be made available on a non-reimbursable basis: Provided
further, That for fiscal year 1997, in implementing new
construction or facilities improvement and repair project
grants in excess of $100,000 that are provided to tribally
controlled grant schools under Public Law 100–297, as
amended, the Secretary of the Interior shall use the Ad-
ministrative and Audit Requirements and Cost Principles
for Assistance Programs contained in 43 CFR part 12 as
the regulatory requirements: Provided further, That such
grants shall not be subject to section 12.61 of 43 CFR;
the Secretary and the grantee shall negotiate and deter-
mine a schedule of payments for the work to be performed:
Provided further, That in considering applications, the
Secretary shall consider whether the Indian tribe or tribal
organization would be deficient in assuring that the con-
struction projects conform to applicable building stand-
ards and codes and Federal, tribal, or State health and
safety standards as required by 25 U.S.C. 2005(a), with
478
respect to organizational and financial management capa-
bilities: Provided further, That if the Secretary declines an
application, the Secretary shall follow the requirements
contained in 25 U.S.C. 2505(f): Provided further, That
any disputes between the Secretary and any grantee con-
cerning a grant shall be subject to the disputes provision
in 25 U.S.C. 2508(e).
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND
MISCELLANEOUS PAYMENTS TO INDIANS
For miscellaneous payments to Indian tribes and in-
dividuals and for necessary administrative expenses,
$69,241,000, to remain available until expended; of which
$68,400,000 shall be available for implementation of en-
acted Indian land and water claim settlements pursuant
to Public Laws 101–618, 102–374, 102–575, and for im-
plementation of other enacted water rights settlements, in-
cluding not to exceed $8,000,000, which shall be for the
Federal share of the Catawba Indian Tribe of South Caro-
lina Claims Settlement, as authorized by section 5(a) of
Public Law 103–116; and of which $841,000 shall be
available pursuant to Public Laws 98–500, 99–264, and
100–580.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
For the cost of guaranteed loans, $4,500,000, as au-
thorized by the Indian Financing Act of 1974, as amend-
479
ed: Provided, That such costs, including the cost of modi-
fying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize total loan principal,
any part of which is to be guaranteed, not to exceed
$34,615,000.
In addition, for administrative expenses to carry out
the guaranteed loan programs, $500,000.
ADMINISTRATIVE PROVISIONS
Appropriations for the Bureau of Indian Affairs (ex-
cept the revolving fund for loans, the Indian loan guaran-
tee and insurance fund, the Technical Assistance of Indian
Enterprises account, the Indian Direct Loan Program ac-
count, and the Indian Guaranteed Loan Program account)
shall be available for expenses of exhibits, and purchase
of not to exceed 229 passenger motor vehicles, of which
not to exceed 187 shall be for replacement only.
Notwithstanding any other provision of law, no
funds available to the Bureau of Indian Affairs for
central office operations or pooled overhead general ad-
ministration shall be available for tribal contracts, grants,
compacts, or cooperative agreements with the Bureau of
Indian Affairs under the provisions of the Indian Self-
Determination Act or the Tribal Self-Governance Act of
1994 (Public Law 103–413).
480
DEPARTMENTAL OFFICES
INSULAR AFFAIRS
ASSISTANCE TO TERRITORIES
For expenses necessary for assistance to territories
under the jurisdiction of the Department of the Interior,
$65,188,000, of which (1) $61,339,000 shall be available
until expended for technical assistance, including mainte-
nance assistance, disaster assistance, insular management
controls, and brown tree snake control and research;
grants to the judiciary in American Samoa for compensa-
tion and expenses, as authorized by law (48 U.S.C.
1661(c)); grants to the Government of American Samoa,
in addition to current local revenues, for construction and
support of governmental functions; grants to the Govern-
ment of the Virgin Islands as authorized by law; grants
to the Government of Guam, as authorized by law; and
grants to the Government of the Northern Mariana Is-
lands as authorized by law (Public Law 94–241; 90 Stat.
272); and (2) $3,849,000 shall be available for salaries
and expenses of the Office of Insular Affairs: Provided,
That all financial transactions of the territorial and local
governments herein provided for, including such trans-
actions of all agencies or instrumentalities established or
utilized by such governments, may be audited by the Gen-
eral Accounting Office, at its discretion, in accordance
481
with chapter 35 of title 31, United States Code: Provided
further, That Northern Mariana Islands Covenant grant
funding shall be provided according to those terms of the
Agreement of the Special Representatives on Future Unit-
ed States Financial Assistance for the Northern Mariana
Islands approved by Public Law 99–396, or any subse-
quent legislation related to Commonwealth of the North-
ern Mariana Islands grant funding: Provided further, That
section 703(a) of Public Law 94–241, as amended, is
hereby amended by striking ‘‘of the Government of the
Northern Mariana Islands’’: Provided further, That of the
amounts provided for technical assistance, sufficient fund-
ing shall be made available for a grant to the Close Up
Foundation: Provided further, That the funds for the pro-
gram of operations and maintenance improvement are ap-
propriated to institutionalize routine operations and main-
tenance improvement of capital infrastructure in Amer-
ican Samoa, Guam, the Virgin Islands, the Commonwealth
of the Northern Mariana Islands, the Republic of Palau,
the Republic of the Marshall Islands, and the Federated
States of Micronesia through assessments of long-range
operations maintenance needs, improved capability of local
operations and maintenance institutions and agencies (in-
cluding management and vocational education training),
and project-specific maintenance (with territorial partici-
482
pation and cost sharing to be determined by the Secretary
based on the individual territory’s commitment to timely
maintenance of its capital assets): Provided further, That
any appropriation for disaster assistance under this head
in this Act or previous appropriations Acts may be used
as non-Federal matching funds for the purpose of hazard
mitigation grants provided pursuant to section 404 of the
Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5170c).
COMPACT OF FREE ASSOCIATION
For economic assistance and necessary expenses for
the Federated States of Micronesia and the Republic of
the Marshall Islands as provided for in sections 122, 221,
223, 232, and 233 of the Compacts of Free Association,
and for economic assistance and necessary expenses for
the Republic of Palau as provided for in sections 122, 221,
223, 232, and 233 of the Compact of Free Association,
$23,538,000, to remain available until expended, as au-
thorized by Public Law 99–239 and Public Law 99–658.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for management of the De-
partment of the Interior, $58,286,000, of which not to ex-
ceed $7,500 may be for official reception and representa-
tion expenses, and of which up to $2,000,000 shall be
available for workers compensation payments and unem-
483
ployment compensation payments associated with the or-
derly closure of the United States Bureau of Mines.
OFFICE OF THE SOLICITOR
SALARIES AND EXPENSES
For necessary expenses of the Office of the Solicitor,
$35,443,000.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector
General, $24,439,000, together with any funds or prop-
erty transferred to the Office of Inspector General through
forfeiture proceedings or from the Department of Justice
Assets Forfeiture Fund or the Department of the Treas-
ury Assets Forfeiture Fund, that represent an equitable
share from the forfeiture of property in investigations in
which the Office of Inspector General participated, with
such transferred funds to remain available until expended.
NATIONAL INDIAN GAMING COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the National Indian Gam-
ing Commission, pursuant to Public Law 100–497,
$1,000,000.
484
OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS
FEDERAL TRUST PROGRAMS
For operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts,
and grants, $32,126,000, to remain available until ex-
pended for trust funds management: Provided, That funds
made available to tribes and tribal organizations through
contracts or grants obligated during fiscal year 1997, as
authorized by the Indian Self-Determination Act of 1975
(25 U.S.C. 450 et seq.), shall remain available until ex-
pended by the contractor or grantee: Provided further,
That notwithstanding any other provision of law, the stat-
ute of limitations shall not commence to run on any claim,
including any claim in litigation pending on the date of
this Act, concerning losses to or mismanagement of trust
funds, until the affected tribe or individual Indian has
been furnished with an accounting of such funds from
which the beneficiary can determine whether there has
been a loss: Provided further, That unobligated balances
previously made available (1) to liquidate obligations owed
tribal and individual Indian payees of any checks canceled
pursuant to section 1003 of the Competitive Equality
Banking Act of 1987 (Public Law 100–86; 31 U.S.C.
3334(b)), (2) to restore Individual Indian Monies trust
funds, Indian Irrigation Systems, and Indian Power Sys-
485
tems accounts amounts invested in credit unions or de-
faulted savings and loan associations and which where not
Federally insured, including any interest on these amounts
that may have been earned, but was not because of the
default, and (3) to reimburse Indian trust fund account
holders for losses to their respective accounts where the
claim for said loss has been reduced to a judgement or
settlement agreement approved by the Department of Jus-
tice, under the heading ‘‘Indian Land and Water Claim
Settlements and Miscellaneous Payments to Indians’’, Bu-
reau of Indian Affairs in fiscal years 1995 and 1996, are
hereby transferred to and merged with this appropriation
and may only be used for the operation of trust programs,
in accordance with this appropriation.
ADMINISTRATIVE PROVISIONS
There is hereby authorized for acquisition from avail-
able resources within the Working Capital Fund, 15 air-
craft, 10 of which shall be for replacement and which may
be obtained by donation, purchase or through available ex-
cess surplus property: Provided, That notwithstanding any
other provision of law, existing aircraft being replaced may
be sold, with proceeds derived or trade-in value used to
offset the purchase price for the replacement aircraft: Pro-
vided further, That no programs funded with appropriated
funds in ‘‘Departmental Management’’, ‘‘Office of the So-
486
licitor’’, and ‘‘Office of Inspector General’’ may be aug-
mented through the Working Capital Fund or the Consoli-
dated Working Fund.
GENERAL PROVISIONS, DEPARTMENT OF THE
INTERIOR
SEC. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau
or office), with the approval of the Secretary, for the emer-
gency reconstruction, replacement, or repair of aircraft,
buildings, utilities, or other facilities or equipment dam-
aged or destroyed by fire, flood, storm, or other unavoid-
able causes: Provided, That no funds shall be made avail-
able under this authority until funds specifically made
available to the Department of the Interior for emer-
gencies shall have been exhausted: Provided further, That
all funds used pursuant to this section are hereby des-
ignated by Congress to be ‘‘emergency requirements’’ pur-
suant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985, and must be re-
plenished by a supplemental appropriation which must be
requested as promptly as possible.
SEC. 102. The Secretary may authorize the expendi-
ture or transfer of any no year appropriation in this title,
in addition to the amounts included in the budget pro-
grams of the several agencies, for the suppression or emer-
487
gency prevention of forest or range fires on or threatening
lands under the jurisdiction of the Department of the Inte-
rior; for the emergency rehabilitation of burned-over lands
under its jurisdiction; for emergency actions related to po-
tential or actual earthquakes, floods, volcanoes, storms, or
other unavoidable causes; for contingency planning subse-
quent to actual oilspills; response and natural resource
damage assessment activities related to actual oilspills; for
the prevention, suppression, and control of actual or po-
tential grasshopper and Mormon cricket outbreaks on
lands under the jurisdiction of the Secretary, pursuant to
the authority in section 1773(b) of Public Law 99–198
(99 Stat. 1658); for emergency reclamation projects under
section 410 of Public Law 95–87; and shall transfer, from
any no year funds available to the Office of Surface Min-
ing Reclamation and Enforcement, such funds as may be
necessary to permit assumption of regulatory authority in
the event a primacy State is not carrying out the regu-
latory provisions of the Surface Mining Act: Provided,
That appropriations made in this title for fire suppression
purposes shall be available for the payment of obligations
incurred during the preceding fiscal year, and for reim-
bursement to other Federal agencies for destruction of ve-
hicles, aircraft, or other equipment in connection with
their use for fire suppression purposes, such reimburse-
488
ment to be credited to appropriations currently available
at the time of receipt thereof: Provided further, That for
emergency rehabilitation and wildfire suppression activi-
ties, no funds shall be made available under this authority
until funds appropriated to ‘‘Wildland Fire Management’’
shall have been exhausted: Provided further, That all funds
used pursuant to this section are hereby designated by
Congress to be ‘‘emergency requirements’’ pursuant to
section 251(b)(2)(D) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, and must be replen-
ished by a supplemental appropriation which must be re-
quested as promptly as possible: Provided further, That
such replenishment funds shall be used to reimburse, on
a pro rata basis, accounts from which emergency funds
were transferred.
SEC. 103. Appropriations made in this title shall be
available for operation of warehouses, garages, shops, and
similar facilities, wherever consolidation of activities will
contribute to efficiency or economy, and said appropria-
tions shall be reimbursed for services rendered to any
other activity in the same manner as authorized by sec-
tions 1535 and 1536 of title 31, United States Code: Pro-
vided, That reimbursements for costs and supplies, mate-
rials, equipment, and for services rendered may be cred-
489
ited to the appropriation current at the time such reim-
bursements are received.
SEC. 104. Appropriations made to the Department
of the Interior in this title shall be available for services
as authorized by 5 U.S.C. 3109, when authorized by the
Secretary, in total amount not to exceed $500,000; hire,
maintenance, and operation of aircraft; hire of passenger
motor vehicles; purchase of reprints; payment for tele-
phone service in private residences in the field, when au-
thorized under regulations approved by the Secretary; and
the payment of dues, when authorized by the Secretary,
for library membership in societies or associations which
issue publications to members only or at a price to mem-
bers lower than to subscribers who are not members.
SEC. 105. Appropriations available to the Depart-
ment of the Interior for salaries and expenses shall be
available for uniforms or allowances therefor, as author-
ized by law (5 U.S.C. 5901–5902 and D.C. Code 4–204).
SEC. 106. Appropriations made in this title shall be
available for obligation in connection with contracts issued
for services or rentals for periods not in excess of twelve
months beginning at any time during the fiscal year.
SEC. 107. Prior to the transfer of Presidio properties
to the Presidio Trust, when authorized, the Secretary may
not obligate in any calendar month more than 1⁄12 of the
490
fiscal year 1997 appropriation for operation of the Pre-
sidio: Provided, That prior to the transfer of any Presidio
property to the Presidio Trust, the Secretary shall trans-
fer such funds as the Trust deems necessary to initiate
leasing and other authorized activities of the Trust: Pro-
vided further, That this section shall expire on December
31, 1996.
SEC. 108. No final rule or regulation of any agency
of the Federal Government pertaining to the recognition,
management, or validity of a right-of-way pursuant to Re-
vised Statute 2477 (43 U.S.C. 932) shall take effect un-
less expressly authorized by an Act of Congress subse-
quent to the date of enactment of this Act.
SEC. 109. No funds provided in this title may be ex-
pended by the Department of the Interior for the conduct
of offshore leasing and related activities placed under re-
striction in the President’s moratorium statement of June
26, 1990, in the areas of Northern, Central, and Southern
California; the North Atlantic; Washington and Oregon;
and the Eastern Gulf of Mexico south of 26 degrees north
latitude and east of 86 degrees west longitude.
SEC. 110. No funds provided in this title may be ex-
pended by the Department of the Interior for the conduct
of leasing, or the approval or permitting of any drilling
491
or other exploration activity, on lands within the North
Aleutian Basin planning area.
SEC. 111. No funds provided in this title may be ex-
pended by the Department of the Interior for the conduct
of preleasing and leasing activities in the Eastern Gulf of
Mexico for Outer Continental Shelf Lease Sale 151 in the
Outer Continental Shelf Natural Gas and Oil Resource
Management Comprehensive Program, 1992–1997.
SEC. 112. No funds provided in this title may be ex-
pended by the Department of the Interior for the conduct
of preleasing and leasing activities in the Atlantic for
Outer Continental Shelf Lease Sale 164 in the Outer Con-
tinental Shelf Natural Gas and Oil Resource Management
Comprehensive Program, 1992–1997.
SEC. 113. There is hereby established in the Treasury
a franchise fund pilot, as authorized by section 403 of
Public Law 103–356, to be available as provided in such
section for costs of capitalizing and operating administra-
tive services as the Secretary determines may be per-
formed more advantageously as central services: Provided,
That any inventories, equipment, and other assets pertain-
ing to the services to be provided by such fund, either on
hand or on order, less the related liabilities or unpaid obli-
gations, and any appropriations made prior to the current
year for the purpose of providing capital shall be used to
492
capitalize such fund: Provided further, That such fund
shall be paid in advance from funds available to the De-
partment and other Federal agencies for which such cen-
tralized services are performed, at rates which will return
in full all expenses of operation, including accrued leave,
depreciation of fund plant and equipment, amortization of
automatic data processing (ADP) software and systems
(either acquired or donated) and an amount necessary to
maintain a reasonable operating reserve, as determined by
the Secretary: Provided further, That such fund shall pro-
vide services on a competitive basis: Provided further, That
an amount not to exceed four percent of the total annual
income to such fund may be retained in the fund for fiscal
year 1997 and each fiscal year thereafter, to remain avail-
able until expended, to be used for the acquisition of cap-
ital equipment, and for the improvement and implementa-
tion of Department financial management, ADP, and
other support systems: Provided further, That no later
than thirty days after the end of each fiscal year amounts
in excess of this reserve limitation shall be transferred to
the Treasury: Provided further, That such franchise fund
pilot shall terminate pursuant to section 403(f) of Public
Law 103–356.
SEC. 114. Public Law 102–495 is amended by adding
the following new section:
493
‘‘SEC. 10. WASHINGTON STATE REMOVAL OPTION.
‘‘(a) Upon appropriation of $29,500,000 for the
Federal government to acquire the projects in the State
of Washington pursuant to this Act, the State of Wash-
ington may, upon the submission to Congress of a bind-
ing agreement to remove the projects within a reasonable
period of time, purchase the projects from the Federal
government for $2. Such a binding agreement shall pro-
vide for the full restoration of the Elwha River ecosystem
and native anadromous fisheries, for protection of the ex-
isting quality and availability of water from the Elwha
River for municipal and industrial uses from possible ad-
verse impacts of dam removal, and for fulfillment by the
State of each of the other obligations of the Secretary
under this Act.
‘‘(b) Upon receipt of the payment pursuant to
subsection (a), the Federal government shall relinquish
ownership and title of the projects to the State of Wash-
ington.
‘‘(c) Upon the purchase of the projects by the
State of Washington, section 3(a), (c), and (d), and sec-
tions 4, 7, and 9 of this Act are hereby repealed, and the
remaining sections renumbered accordingly.’’.
SEC. 115. Section 7 of Public Law 99–647 (16
U.S.C. 461 note) is amended to read as follows:
494
‘‘SEC. 7. TERMINATION OF COMMISSION.
‘‘The Commission shall terminate on November 10,
1997.’’.
SEC. 116. The Congress of the United States hereby
designates and ratifies the assignment to the University
of Utah as successor to, and beneficiary of, all the existing
assets, revenues, funds and rights granted to the State
of Utah under the Miners Hospital Grant (February 20,
1929, 45 Stat. 1252) and the School of Mines Grant (July
26, 1894, 28 Stat. 110). Further, the Secretary of the
Interior is authorized and directed to accept such relin-
quishment of all remaining and unconveyed entitlement
for quantity grants owed the State of Utah for the Miners
Hospital Grant (February 20, 1929, 45 Stat. 1252) and
any unconveyed entitlement that may remain for the Uni-
versity of Utah School of Mines Grant (July 26, 1894,
28 Stat. 110).
SEC. 117. Section 402(b)(1) of the Indian Self-Deter-
mination and Education Assistance Act (25 U.S.C. 458bb)
is amended to read as follows: ‘‘(1) In addition to those
Indian tribes participating in self-governance under sub-
section (a) of this section, the Secretary, acting through
the Director of the Office of Self-Governance, may select
up to 50 new tribes per year from the applicant pool de-
scribed in subsection (c) of this section to participate in
self-governance.’’.
495
SEC. 118. In fiscal year 1997 and thereafter, the In-
dian Arts and Crafts Board may charge admission fees
at its museums; charge rent and/or franchise fees for
shops located in its museums; publish and sell publica-
tions; sell or rent or license use of photographs or other
images in hard copy or other forms; license the use of de-
signs, in whole or in part, by others; charge for consulting
services provided to others; and may accept the services
of volunteers to carry out its mission: Provided, That all
revenue derived from such activities is covered into the
special fund established by section 4 of Public Law 74–
355 (25 U.S.C. 305c).
SEC. 119. TRANSFER OF CERTAIN BUREAU OF LAND
MANAGEMENT FACILITIES.—
(a) BATTLE
MOUNTAIN, NEVADA.—Not later
than 30 days after the date of enactment of this
Act, the Secretary of the Interior, acting through
the Director of the Bureau of Land Management,
shall transfer to Lander County, Nevada, without
consideration, title to the former Bureau of Land
Management administrative site and associated
buildings in Battle Mountain, Nevada.
(b) WINNEMUCCA, NEVADA.—
(1) TRANSFER.—Not later than 30 days
after the date of enactment of this Act, the Sec-
496
retary of the Interior, acting through the Direc-
tor of the Bureau of Land Management, shall
transfer to the State of Nevada, without consid-
eration, title to the surplus Bureau of Land
Management 
District 
Office 
building 
in
Winnemucca, Nevada.
(2) USE.—The transfer under paragraph
(1) is made with the intent that the building
shall be available to meet the needs of the De-
partment of Conservation and Natural Re-
sources of the State of Nevada.
SEC. 120. ALASKA AVIATION HERITAGE.—
(a) FINDINGS.—The Congress finds that—
(1) the Department of the Interior’s
Grumman Goose G21–A aircraft number N789
is to be retired from several decades of active
service in the State of Alaska in 1996; and
(2) the aircraft is of significant historic
value to the people of the State of Alaska.
(b) DONATION OF AIRCRAFT.—The Secretary of
the Interior shall transfer the Grumman Goose
G21–A aircraft number N789 to the Alaska Aviation
Heritage Museum in Anchorage, Alaska, at no cost
to the museum, for permanent display.
497
SEC. 121. The Mesquite Lands Act of 1988 is amend-
ed by adding the following at the end of section 3:
‘‘(d) FOURTH AREA.—(1) No later than ten years
after the date of enactment of this Act, the City of Mes-
quite shall notify the Secretary as to which if any of the
public lands identified in paragraph (2) of this subsection
the city wishes to purchase.
‘‘(2) For a period of twelve years after the date of
enactment of this Act, the city shall have exclusive right
to purchase the following parcels of public lands:
‘‘Parcel A—East 1⁄2 Sec. 6, T. 13 S., R. 71 E.,
Mount Diablo Meridian; Sec. 5, T. 13 S., R. 71 E.,
Mount Diablo Meridian; West 1⁄2 Sec. 4, T. 13 S.,
R. 71 E., Mount Diablo Meridian; East 1⁄2, West 1⁄2
Sec. 4, T. 13 S., R. 71 E., Mount Diablo Meridian.
‘‘Parcel B—North 1⁄2 Sec. 7, T. 13 S., R. 71
E., Mount Diablo Meridian; South East 1⁄4 Sec. 12,
T. 13 S., R. 70 E., Mount Diablo Meridian; East
1⁄2, North East 1⁄4 Sec. 12, T. 13 S., R. 70 E.,
Mount Diablo Meridian; East 1⁄2, West 1⁄2 North
East 1⁄4 Sec. 12, T. 13 S., R. 70 E., Mount Diablo
Meridian.
‘‘Parcel C—West 1⁄2 Sec. 6, T. 13 S., R. 71 E.,
Mount Diablo Meridian; Sec. 1, T. 13 S., R. 70 E.,
Mount Diablo Meridian; West 1⁄2, West 1⁄2, North
498
East 1⁄4 Sec. 12, T. 13 S., R. 70 E., Mount Diablo
Meridian; North West 1⁄4 Sec. 13, S., R. 70 E.,
Mount Diablo Meridian; West 1⁄2 Sec. 12, T. 13 S.,
R. 70 E., Mount Diablo Meridian; East 1⁄2, South
East 1⁄4, Sec. 11, T. 13 S., R. 70 E., Mount Diablo
Meridian; East 1⁄2 North East 1⁄4, Sec. 14, T. 13 S.,
R. 70 E., Mount Diablo Meridian.
‘‘Parcel D—South 1⁄2 Sec. 14, T. 13 S., R. 70
E., Mount Diablo Meridian; South West 1⁄4, Sec. 13,
T. 13 S., R. 70 E., Mount Diablo Meridian; Portion
of section 23, North of Interstate 15, T. 13 S., R.
70 E., Mount Diablo Meridian; Portion of section
24, North of Interstate 15, T. 13 S., R. 70 E.,
Mount Diablo Meridian; Portion of section 26,
North of Interstate 15, T. 13 S., R. 70 E., Mount
Diablo Meridian.’’
SEC. 122. Father Aull Site Transfer.—
(a) This section may be cited as the ‘‘Father Aull
Site Transfer Act of 1996’’.
(b) FINDINGS.—Congress finds that—
(1) the buildings and grounds developed by Fa-
ther Roger Aull located on public domain land near
Silver City, New Mexico, are historically significant
to the citizens of the community;
499
(2) vandalism at the site has become increas-
ingly destructive and frequent in recent years;
(3) because of the isolated location and the dis-
tance from other significant resources and agency
facilities, the Bureau of Land Management has been
unable to devote sufficient resources to restore and
protect the site from further damage; and
(4) St. Vincent DePaul Parish in Silver City,
New Mexico, has indicated an interest in, and devel-
oped a sound proposal for the restoration of the site,
such that the site could be permanently occupied
and used by the community.
(c) CONVEYANCE OF PROPERTY.—Subject to valid
existing rights, all right, title and interest of the United
States in and to the land (including improvements on the
land), consisting of approximately 43.06 acres, located ap-
proximately 10 miles east of Silver City, New Mexico, and
described as follows: T. 17 S., R. 12 W., Section 30: Lot
13, and Section 31: Lot 27 (as generally depicted on the
map dated July 1995) is hereby conveyed by operation of
law to St. Vincent DePaul Parish in Silver City, New Mex-
ico, without consideration.
(d) RELEASE.—Upon the conveyance of any land or
interest in land identified in this section of St. Vincent
DePaul Parish, St. Vincent DePaul Parish shall assume
500
any liability for any claim relating to the land or interest
in the land arising after the date of the conveyance.
(e) MAP.—The map referred to in this section shall
be on file and available for public inspection in—
(1) the State of New Mexico Office of the Bu-
reau of Land Management, Santa Fe, New Mexico;
and
(2) the Las Cruces District Office of the Bu-
reau of Land Management, Las Cruces, New Mex-
ico.
SEC. 123. The second proviso under the heading
‘‘Bureau of Mines, Administrative Provisions’’ of Public
Law 104–134 is amended by inserting after the word
‘‘authorized’’ the word ‘‘hereafter’’.
SEC. 124. Watershed Restoration and Enhance-
ment Agreements.
(a) IN GENERAL.—For fiscal year 1997 and each
fiscal year thereafter, appropriations made for the Bu-
reau of Land Management may be used by the Secretary
of the Interior for the purpose of entering into coopera-
tive agreements with willing private landowners for res-
toration and enhancement of fish, wildlife, and other bi-
otic resources on public or private land or both that bene-
fit these resources on public lands within the watershed.
501
(b) DIRECT AND INDIRECT WATERSHED AGREE-
MENTS.—The Secretary of the Interior may enter into a
watershed restoration and enhancement agreement—
(1) directly with a willing private landowner; or
(2) indirectly through an agreement with a
state, local, or tribal government or other public en-
tity, educational institution, or private nonprofit or-
ganization.
(c) TERMS AND CONDITIONS.—In order for the
Secretary to enter into a watershed restoration and en-
hancement agreement—
(1) the agreement shall—
(A) include such terms and conditions mu-
tually agreed to by the Secretary and the land-
owner;
(B) improve the viability of and otherwise
benefit the fish, wildlife, and other biotic re-
sources on public land in the watershed;
(C) authorize the provision of technical as-
sistance by the Secretary in the planning of
management activities that will further the pur-
poses of the agreement;
(D) provide for the sharing of costs of im-
plementing the agreement among the Federal
government, the landowner, and other entities,
502
as mutually agreed on by the affected interests;
and
(E) ensure that any expenditure by the
Secretary pursuant to the agreement is deter-
mined by the Secretary to be in the public in-
terest; and
(2) the Secretary may require such other terms
and conditions as are necessary to protect the public
investment on private lands, provided such terms
and conditions are mutually agreed to by the Sec-
retary and the landowner.
SEC. 125. Visitor Center Designation at Channel
Islands National Park.
(a) The visitor center at Channel Islands National
Park, California, is hereby designated as the ‘‘Robert J.
Lagomarsino Visitor Center’’.
(b) Any reference in law, regulation, paper,
record, map, or any other document in the United States
to the visitor center referred to in subsection (a) shall be
deemed to be a reference to the ‘‘Robert J. Lagomarsino
Visitor Center’’.
503
TITLE II—RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
FOREST AND RANGELAND RESEARCH
For necessary expenses of forest and rangeland re-
search as authorized by law, $179,786,000, to remain
available until expended.
STATE AND PRIVATE FORESTRY
For necessary expenses of cooperating with, and pro-
viding technical and financial assistance to States, Terri-
tories, possessions, and others and for forest pest manage-
ment activities, cooperative forestry and education and
land conservation activities, $155,461,000, to remain
available until expended, as authorized by law: Provided,
That of funds available under this heading for Pacific
Northwest Assistance in this or prior appropriations Acts.
$750,000 shall be provided to the World Forestry Center
for purposes of continuing scientific research and other
authorized efforts regarding the land exchange efforts in
the Umpqua River Basin region.
NATIONAL FOREST SYSTEM
For necessary expenses of the Forest Service, not
otherwise provided for, for management, protection, im-
provement, and utilization of the National Forest System,
for ecosystem planning, inventory, and monitoring, and for
504
administrative expenses associated with the management
of funds provided under the heads ‘‘Forest and Rangeland
Research,’’ ‘‘State and Private Forestry,’’ ‘‘National For-
est System,’’ ‘‘Wildland Fire Management,’’ ‘‘Reconstruc-
tion and Construction,’’ and ‘‘Land Acquisition,’’
$1,274,781,000, to remain available until expended, and
including 50 per centum of all monies received during the
prior fiscal year as fees collected under the Land and
Water Conservation Fund Act of 1965, as amended, in
accordance with section 4 of the Act (16 U.S.C. 460l–
6a(i)): Provided, That up to $5,000,000 of the funds pro-
vided herein for road maintenance shall be available for
the planned obliteration of roads which are no longer need-
ed.
WILDLAND FIRE MANAGEMENT
For necessary expenses for forest fire presuppression
activities on National Forest System lands, for emergency
fire suppression on or adjacent to such lands or other
lands under fire protection agreement, and for emergency
rehabilitation of burned over National Forest System
lands, $530,016,000, to remain available until expended:
Provided, That unexpended balances of amounts pre-
viously appropriated under any other headings for Forest
Service fire activities are transferred to and merged with
this appropriation and subject to the same terms and con-
505
ditions: Provided further, That such funds are available
for repayment of advances from other appropriations ac-
counts previously transferred for such purposes.
RECONSTRUCTION AND CONSTRUCTION
For necessary expenses of the Forest Service, not
otherwise provided for, $174,974,000, to remain available
until expended for construction, reconstruction and acqui-
sition of buildings and other facilities, and for construc-
tion, reconstruction and repair of forest roads and trails
by the Forest Service as authorized by 16 U.S.C. 532–
538 and 23 U.S.C. 101 and 205: Provided, That not to
exceed $50,000,000, to remain available until expended,
may be obligated for the construction of forest roads by
timber purchasers: Provided further, That funds appro-
priated under this head for the construction of the Wayne
National Forest Supervisor’s Office may be granted to the
Ohio State Highway Patrol as the federal share of the cost
of construction of a new facility to be occupied jointly by
the Forest Service and the Ohio State Highway Patrol:
Provided further, That an agreed upon lease of space in
the new facility shall be provided to the Forest Service
without charge for the life of the building.
LAND ACQUISITION
For expenses necessary to carry out the provisions
of the Land and Water Conservation Fund Act of 1965,
as amended (16 U.S.C. 460l–4–11), including administra-
506
tive expenses, and for acquisition of land or waters, or in-
terest therein, in accordance with statutory authority ap-
plicable to the Forest Service, $40,575,000, to be derived
from the Land and Water Conservation Fund, to remain
available until expended.
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL
ACTS
For acquisition of lands within the exterior bound-
aries of the Cache, Uinta, and Wasatch National Forests,
Utah; the Toiyabe National Forest, Nevada; and the An-
geles, San Bernardino, Sequoia, and Cleveland National
Forests, California, as authorized by law, $1,069,000, to
be derived from forest receipts.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
For acquisition of lands, such sums, to be derived
from funds deposited by State, county, or municipal gov-
ernments, public school districts, or other public school au-
thorities pursuant to the Act of December 4, 1967, as
amended (16 U.S.C. 484a), to remain available until ex-
pended.
RANGE BETTERMENT FUND
For necessary expenses of range rehabilitation, pro-
tection, and improvement, 50 per centum of all moneys
received during the prior fiscal year, as fees for grazing
domestic livestock on lands in National Forests in the six-
507
teen Western States, pursuant to section 401(b)(1) of
Public Law 94–579, as amended, to remain available until
expended, of which not to exceed 6 per centum shall be
available for administrative expenses associated with on-
the-ground range rehabilitation, protection, and improve-
ments.
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND
RANGELAND RESEARCH
For expenses authorized by 16 U.S.C. 1643(b),
$92,000, to remain available until expended, to be derived
from the fund established pursuant to the above Act.
ADMINISTRATIVE PROVISIONS, FOREST SERVICE
Appropriations to the Forest Service for the current
fiscal year shall be available for: (a) purchase of not to
exceed 159 passenger motor vehicles of which 14 will be
used primarily for law enforcement purposes and of which
149 shall be for replacement; acquisition of 10 passenger
motor vehicles from excess sources, and hire of such vehi-
cles; operation and maintenance of aircraft, the purchase
of not to exceed two for replacement only, and acquisition
of 20 aircraft from excess sources; notwithstanding other
provisions of law, existing aircraft being replaced may be
sold, with proceeds derived or trade-in value used to offset
the purchase price for the replacement aircraft; (b) serv-
ices pursuant to 7 U.S.C. 2225, and not to exceed
508
$100,000 for employment under 5 U.S.C. 3109; (c) pur-
chase, erection, and alteration of buildings and other pub-
lic improvements (7 U.S.C. 2250); (d) acquisition of land,
waters, and interests therein, pursuant to 7 U.S.C. 428a;
(e) for expenses pursuant to the Volunteers in the Na-
tional Forest Act of 1972 (16 U.S.C. 558a, 558d, 558a
note); and (f) for debt collection contracts in accordance
with 31 U.S.C. 3718(c).
None of the funds made available under this Act shall
be obligated or expended to change the boundaries of any
region, to abolish any region, to move or close any regional
office for research, State and private forestry, or National
Forest System administration of the Forest Service, De-
partment of Agriculture, or to implement any reorganiza-
tion, ‘‘reinvention’’ or other type of organizational restruc-
turing of the Forest Service, other than the relocation of
the Regional Office for Region 5 of the Forest Service
from San Francisco to excess military property at Mare
Island, Vallejo, California, without the consent of the
House and Senate Committees on Appropriations.
Any funds available to the Forest Service may be
used for retrofitting Mare Island facilities to accommodate
the relocation: Provided, That funds for the move must
come from funds otherwise available to Region 5: Provided
further, That any funds to be provided for such purposes
509
shall only be available upon approval of the House and
Senate Committees on Appropriations.
Any appropriations or funds available to the Forest
Service may be advanced to the Wildland Fire Manage-
ment appropriation and may be used for forest firefighting
and the emergency rehabilitation of burned-over lands
under its jurisdiction.
Funds appropriated to the Forest Service shall be
available for assistance to or through the Agency for Inter-
national Development and the Foreign Agricultural Serv-
ice in connection with forest and rangeland research, tech-
nical information, and assistance in foreign countries, and
shall be available to support forestry and related natural
resource activities outside the United States and its terri-
tories and possessions, including technical assistance, edu-
cation and training, and cooperation with United States
and international organizations.
None of the funds made available to the Forest Serv-
ice under this Act shall be subject to transfer under the
provisions of section 702(b) of the Department of Agri-
culture Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C.
147b unless the proposed transfer is approved in advance
by the House and Senate Committees on Appropriations
in compliance with the reprogramming procedures con-
tained in House Report 103–551.
510
None of the funds available to the Forest Service may
be reprogrammed without the advance approval of the
House and Senate Committees on Appropriations in ac-
cordance with the procedures contained in House Report
103–551.
No funds appropriated to the Forest Service shall be
transferred to the Working Capital Fund of the Depart-
ment of Agriculture without the approval of the Chief of
the Forest Service.
Notwithstanding any other provision of the law, any
appropriations or funds available to the Forest Service
may be used to disseminate program information to pri-
vate and public individuals and organizations through the
use of nonmonetary items of nominal value and to provide
nonmonetary awards of nominal value and to incur nec-
essary expenses for the nonmonetary recognition of private
individuals and organizations that make contributions to
Forest Service programs.
Notwithstanding any other provision of law, money
collected, in advance or otherwise, by the Forest Service
under authority of section 101 of Public Law 93–153 (30
U.S.C. 185(1)) as reimbursement of administrative and
other costs incurred in processing pipeline right-of-way or
permit applications and for costs incurred in monitoring
the construction, operation, maintenance, and termination
511
of any pipeline and related facilities, may be used to reim-
burse the applicable appropriation to which such costs
were originally charged.
Funds available to the Forest Service shall be avail-
able to conduct a program of not less than $1,000,000
for high priority projects within the scope of the approved
budget which shall be carried out by the Youth Conserva-
tion Corps as authorized by the Act of August 13, 1970,
as amended by Public Law 93–408.
None of the funds available in this Act shall be used
for timber sale preparation using clearcutting in hardwood
stands in excess of 25 percent of the fiscal year 1989 har-
vested volume in the Wayne National Forest, Ohio: Pro-
vided, That this limitation shall not apply to hardwood
stands damaged by natural disaster: Provided further,
That landscape architects shall be used to maintain a vis-
ually pleasing forest.
Any money collected from the States for fire suppres-
sion assistance rendered by the Forest Service on non-
Federal lands not in the vicinity of National Forest Sys-
tem lands shall be used to reimburse the applicable appro-
priation and shall remain available until expended as the
Secretary may direct in conducting activities authorized
by 16 U.S.C. 2101 (note), 2101–2110, 1606, and 2111.
512
Of the funds available to the Forest Service, $1,500
is available to the Chief of the Forest Service for official
reception and representation expenses.
Notwithstanding any other provision of law, the For-
est Service is authorized to employ or otherwise contract
with persons at regular rates of pay, as determined by the
Service, to perform work occasioned by emergencies such
as fires, storms, floods, earthquakes or any other unavoid-
able cause without regard to Sundays, Federal holidays,
and the regular workweek.
To the greatest extent possible, and in accordance
with the Final Amendment to the Shawnee National For-
est Plan, none of the funds available in this Act shall be
used for preparation of timber sales using clearcutting or
other forms of even aged management in hardwood stands
in the Shawnee National Forest, Illinois.
Pursuant to sections 405(b) and 410(b) of Public
Law 101–593, funds up to $1,000,000 for matching
funds shall be available for the National Forest Founda-
tion on a one-for-one basis to match private contributions
for projects on or benefitting National Forest System
lands or related to Forest Service programs.
Pursuant to section 2(b)(2) of Public Law 98–244,
up to $1,000,000 of the funds available to the Forest
Service shall be available for matching funds, as author-
513
ized in 16 U.S.C. 3701–3709, on a one-for-one basis to
match private contributions for projects on or benefitting
National Forest System lands or related to Forest Service
programs.
Funds appropriated to the Forest Service shall be
available for interactions with and providing technical as-
sistance to rural communities for sustainable rural devel-
opment purposes.
Notwithstanding any other provision of law, 80 per-
cent of the funds appropriated to the Forest Service in
the National Forest System and Construction accounts
and planned to be allocated to activities under the ‘‘Jobs
in the Woods’’ program for projects on National Forest
land in the State of Washington may be granted directly
to the Washington State Department of Fish and Wildlife
for accomplishment of planned projects. Twenty percent
of said funds shall be retained by the Forest Service for
planning and administering projects. Project selection and
prioritization shall be accomplished by the Forest Service
with such consultation with the State of Washington as
the Forest Service deems appropriate.
Funds appropriated to the Forest Service shall be
available for payments to counties within the Columbia
River Gorge National Scenic Area, pursuant to sections
514
14(c)(1) and (2), and section 16(a)(2) of Public Law 99–
663.
The Secretary of Agriculture shall by March 31,
1997 report to the Committees on Appropriations of the
House of Representatives and the Senate on the status
and disposition of all salvage timber sales started under
the authority of Section 2001 of Public Law 104–19 and
subsequently withdrawn or delayed and completed under
different authorities as a consequence of the July 2, 1996
directive on the implementation of Section 2001 issued
by the Secretary.
The 
Pacific 
Northwest 
Research 
Station
Silviculture Laboratory in Bend, Oregon is hereby named
the ‘‘Robert W. Chandler Building’’.
For purposes of the Southeast Alaska Economic
Disaster Fund as set forth in section 101(c) of Public
Law 104–134, the direct grants provided in subsection
(c) shall be considered direct payments for purposes of all
applicable law except that these direct grants may not be
used for lobbying activities.
No employee of the Department of Agriculture
may be detailed or assigned from an agency or office
funded by this Act to any other agency or office of the
Department for more than 30 days unless the individ-
ual’s employing agency or office is fully reimbursed by
515
the receiving agency or office for the salary and expenses
of the employee for the period of assignment.
DEPARTMENT OF ENERGY
CLEAN COAL TECHNOLOGY
(RESCISSION)
Of the funds made available under this heading for
obligation in fiscal year 1997 or prior years, $123,000,000
are rescinded: Provided, That funds made available in pre-
vious appropriations Acts shall be available for any ongo-
ing project regardless of the separate request for proposal
under which the project was selected.
FOSSIL ENERGY RESEARCH AND DEVELOPMENT
For necessary expenses in carrying out fossil energy
research and development activities, under the authority
of the Department of Energy Organization Act (Public
Law 95–91), including the acquisition of interest, includ-
ing defeasible and equitable interests in any real property
or any facility or for plant or facility acquisition or expan-
sion, and for conducting inquiries, technological investiga-
tions and research concerning the extraction, processing,
use, and disposal of mineral substances without objection-
able social and environmental costs (30 U.S.C. 3, 1602,
and 1603), performed under the minerals and materials
science programs at the Albany Research Center in Or-
egon, $364,704,000, to remain available until expended:
Provided, That no part of the sum herein made available
516
shall be used for the field testing of nuclear explosives in
the recovery of oil and gas.
ALTERNATIVE FUELS PRODUCTION
(INCLUDING TRANSFER AND RESCISSION OF FUNDS)
Monies received as investment income on the prin-
cipal amount in the Great Plains Project Trust at the
Norwest Bank of North Dakota, in such sums as are
earned as of October 1, 1996, shall be deposited in this
account and immediately transferred to the General Fund
of the Treasury. Monies received as revenue sharing from
the operation of the Great Plains Gasification Plant shall
be immediately transferred to the General Fund of the
Treasury. Funds are hereby rescinded in the amount of
$2,500,000 from unobligated balances under this head.
NAVAL PETROLEUM AND OIL SHALE RESERVES
For necessary expenses in carrying out naval petro-
leum and oil shale reserve activities, $143,786,000, to re-
main available until expended: Provided, That the require-
ments of 10 U.S.C. 7430(b)(2)(B) shall not apply to fiscal
year 1997.
ENERGY CONSERVATION
For necessary expenses in carrying out energy con-
servation activities, $569,762,000, to remain available
until expended, including, notwithstanding any other pro-
vision of law, the excess amount for fiscal year 1997 deter-
517
mined under the provisions of section 3003(d) of Public
Law 
99–509 
(15 
U.S.C. 
4502): 
Provided, 
That
$149,845,000 shall be for use in energy conservation pro-
grams as defined in section 3008(3) of Public Law 99–
509 (15 U.S.C. 4507) and shall not be available until ex-
cess amounts are determined under the provisions of sec-
tion 3003(d) of Public Law 99–509 (15 U.S.C. 4502):
Provided further, That notwithstanding section 3003(d)(2)
of Public Law 99–509 such sums shall be allocated to the
eligible programs as follows: $120,845,000 for weatheriza-
tion assistance grants and $29,000,000 for State energy
conservation grants.
ECONOMIC REGULATION
For necessary expenses in carrying out the activities
of the Office of Hearings and Appeals, $2,725,000, to re-
main available until expended.
STRATEGIC PETROLEUM RESERVE
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for Strategic Petroleum Re-
serve facility development and operations and program
management activities pursuant to the Energy Policy and
Conservation Act of 1975, as amended (42 U.S.C. 6201
et seq.), $220,000,000, to remain available until expended,
of which $220,000,000 shall be repaid from the ‘‘SPR Op-
erating Fund’’ from amounts made available from the sale
518
of oil from the Reserve: Provided, That notwithstanding
section 161 of the Energy Policy and Conservation Act,
the Secretary shall draw down and sell in fiscal year 1997
$220,000,000 worth of oil from the Strategic Petroleum
Reserve: Provided further, That the proceeds from the sale
shall be deposited into a special account in the Treasury,
to be established and known as the ‘‘SPR Operating
Fund’’, and shall, upon receipt, be transferred to the Stra-
tegic Petroleum Reserve account for operations of the
Strategic Petroleum Reserve.
SPR PETROLEUM ACCOUNT
Notwithstanding 42 U.S.C. 6240(d) the United
States share of crude oil in Naval Petroleum Reserve
Numbered 1 (Elk Hills) may be sold or otherwise disposed
of to other than the Strategic Petroleum Reserve: Pro-
vided, That outlays in fiscal year 1997 resulting from the
use of funds in this account shall not exceed $5,000,000.
ENERGY INFORMATION ADMINISTRATION
For necessary expenses in carrying out the activities
of the Energy Information Administration, $66,120,000
to remain available until expended.
ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY
Appropriations under this Act for the current fiscal
year shall be available for hire of passenger motor vehicles;
hire, maintenance, and operation of aircraft; purchase, re-
519
pair, and cleaning of uniforms; and reimbursement to the
General Services Administration for security guard serv-
ices.
From appropriations under this Act, transfers of
sums may be made to other agencies of the Government
for the performance of work for which the appropriation
is made.
None of the funds made available to the Department
of Energy under this Act shall be used to implement or
finance authorized price support or loan guarantee pro-
grams unless specific provision is made for such programs
in an appropriations Act.
The Secretary is authorized to accept lands, build-
ings, equipment, and other contributions from public and
private sources and to prosecute projects in cooperation
with other agencies, Federal, State, private or foreign:
Provided, That revenues and other moneys received by or
for the account of the Department of Energy or otherwise
generated by sale of products in connection with projects
of the Department appropriated under this Act may be
retained by the Secretary of Energy, to be available until
expended, and used only for plant construction, operation,
costs, and payments to cost-sharing entities as provided
in appropriate cost-sharing contracts or agreements: Pro-
vided further, That the remainder of revenues after the
520
making of such payments shall be covered into the Treas-
ury as miscellaneous receipts: Provided further, That any
contract, agreement, or provision thereof entered into by
the Secretary pursuant to this authority shall not be exe-
cuted prior to the expiration of 30 calendar days (not in-
cluding any day in which either House of Congress is not
in session because of adjournment of more than three cal-
endar days to a day certain) from the receipt by the
Speaker of the House of Representatives and the Presi-
dent of the Senate of a full comprehensive report on such
project, including the facts and circumstances relied upon
in support of the proposed project.
No funds provided in this Act may be expended by
the Department of Energy to prepare, issue, or process
procurement documents for programs or projects for
which appropriations have not been made.
In addition to other authorities set forth in this Act,
the Secretary may accept fees and contributions from pub-
lic and private sources, to be deposited in a contributed
funds account, and prosecute projects using such fees and
contributions in cooperation with other Federal, State or
private agencies or concerns.
521
DEPARTMENT OF HEALTH AND HUMAN
SERVICES
INDIAN HEALTH SERVICE
INDIAN HEALTH SERVICES
For expenses necessary to carry out the Act of Au-
gust 5, 1954 (68 Stat. 674), the Indian Self-Determina-
tion Act, the Indian Health Care Improvement Act, and
titles II and III of the Public Health Service Act with re-
spect to the Indian Health Service, $1,806,269,000, to-
gether with payments received during the fiscal year pur-
suant to 42 U.S.C. 238(b) for services furnished by the
Indian Health Service: Provided, That funds made avail-
able to tribes and tribal organizations through contracts,
grant agreements, or any other agreements or compacts
authorized by the Indian Self-Determination and Edu-
cation Assistance Act of 1975 (25 U.S.C. 450), shall be
deemed to be obligated at the time of the grant or contract
award and thereafter shall remain available to the tribe
or tribal organization without fiscal year limitation: Pro-
vided further, That $12,000,000 shall remain available
until expended, for the Indian Catastrophic Health Emer-
gency Fund: Provided further, That $356,325,000 for con-
tract medical care shall remain available for obligation
until September 30, 1998: Provided further, That of the
funds provided, not less than $11,706,000 shall be used
522
to carry out the loan repayment program under section
108 of the Indian Health Care Improvement Act: Provided
further, That funds provided in this Act may be used for
one-year contracts and grants which are to be performed
in two fiscal years, so long as the total obligation is re-
corded in the year for which the funds are appropriated:
Provided further, That the amounts collected by the Sec-
retary of Health and Human Services under the authority
of title IV of the Indian Health Care Improvement Act
shall remain available until expended for the purpose of
achieving compliance with the applicable conditions and
requirements of titles XVIII and XIX of the Social Secu-
rity Act (exclusive of planning, design, or construction of
new facilities) Provided further, That of the funds pro-
vided, $7,500,000 shall remain available until expended,
for the Indian Self-Determination Fund, which shall be
available for the transitional costs of initial or expanded
tribal contracts, compacts, grants or cooperative agree-
ments with the Indian Health Service under the provisions
of the Indian Self-Determination Act: Provided further,
That funding contained herein, and in any earlier appro-
priations Acts for scholarship programs under the Indian
Health Care Improvement Act (25 U.S.C. 1613) shall re-
main available for obligation until September 30, 1998:
Provided further, That amounts received by tribes and
523
tribal organizations under title IV of the Indian Health
Care Improvement Act shall be reported and accounted
for and available to the receiving tribes and tribal organi-
zations until expended.
INDIAN HEALTH FACILITIES
For construction, repair, maintenance, improvement,
and equipment of health and related auxiliary facilities,
including quarters for personnel; preparation of plans,
specifications, and drawings; acquisition of sites, purchase
and erection of modular buildings, and purchases of trail-
ers; and for provision of domestic and community sanita-
tion facilities for Indians, as authorized by section 7 of
the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian
Self-Determination Act, and the Indian Health Care Im-
provement Act, and for expenses necessary to carry out
such Acts and titles II and III of the Public Health Serv-
ice Act with respect to environmental health and facilities
support 
activities 
of 
the 
Indian 
Health 
Service,
$247,731,000, to remain available until expended: Pro-
vided, That notwithstanding any other provision of law,
funds appropriated for the planning, design, construction
or renovation of health facilities for the benefit of an In-
dian tribe or tribes may be used to purchase land for sites
to construct, improve, or enlarge health or related facili-
ties.
524
ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE
Appropriations in this Act to the Indian Health Serv-
ice shall be available for services as authorized by 5 U.S.C.
3109 but at rates not to exceed the per diem rate equiva-
lent to the maximum rate payable for senior-level positions
under 5 U.S.C. 5376; hire of passenger motor vehicles and
aircraft; purchase of medical equipment; purchase of re-
prints; purchase, renovation and erection of modular
buildings and renovation of existing facilities; payments
for telephone service in private residences in the field,
when authorized under regulations approved by the Sec-
retary; and for uniforms or allowances therefore as au-
thorized by 5 U.S.C. 5901–5902; and for expenses of at-
tendance at meetings which are concerned with the func-
tions or activities for which the appropriation is made or
which will contribute to improved conduct, supervision, or
management of those functions or activities: Provided,
That in accordance with the provisions of the Indian
Health Care Improvement Act, non-Indian patients may
be extended health care at all tribally administered or In-
dian Health Service facilities, subject to charges, and the
proceeds along with funds recovered under the Federal
Medical Care Recovery Act (42 U.S.C. 2651–53) shall be
credited to the account of the facility providing the service
and shall be available without fiscal year limitation: Pro-
525
vided further, That notwithstanding any other law or regu-
lation, funds transferred from the Department of Housing
and Urban Development to the Indian Health Service
shall be administered under Public Law 86–121 (the In-
dian Sanitation Facilities Act) and Public Law 93–638,
as amended: Provided further, That funds appropriated to
the Indian Health Service in this Act, except those used
for administrative and program direction purposes, shall
not be subject to limitations directed at curtailing Federal
travel and transportation: Provided further, That notwith-
standing any other provision of law, funds previously or
herein made available to a tribe or tribal organization
through a contract, grant, or agreement authorized by
title I or title III of the Indian Self-Determination and
Education Assistance Act of 1975 (25 U.S.C. 450), may
be deobligated and reobligated to a self-determination con-
tract under title I, or a self-governance agreement under
title III of such Act and thereafter shall remain available
to the tribe or tribal organization without fiscal year limi-
tation: Provided further, That none of the funds made
available to the Indian Health Service in this Act shall
be used to implement the final rule published in the Fed-
eral Register on September 16, 1987, by the Department
of Health and Human Services, relating to the eligibility
for the health care services of the Indian Health Service
526
until the Indian Health Service has submitted a budget
request reflecting the increased costs associated with the
proposed final rule, and such request has been included
in an appropriations Act and enacted into law: Provided
further, That funds made available in this Act are to be
apportioned to the Indian Health Service as appropriated
in this Act, and accounted for in the appropriation struc-
ture set forth in this Act: Provided further, That funds
received from any source, including tribal contractors and
compactors for previously transferred functions which
tribal contractors and compactors no longer wish to retain,
for services, goods, or training and technical assistance,
shall be retained by the Indian Health Service and shall
remain available until expended by the Indian Health
Service: Provided further, That reimbursements for train-
ing, technical assistance, or services provided by the In-
dian Health Service will contain total costs, including di-
rect, administrative, and overhead associated with the pro-
vision of goods, services, or technical assistance: Provided
further, That the appropriation structure for the Indian
Health Service may not be altered without advance ap-
proval of the House and Senate Committees on Appropria-
tions.
527
DEPARTMENT OF EDUCATION
OFFICE OF ELEMENTARY AND SECONDARY EDUCATION
INDIAN EDUCATION
For necessary expenses to carry out, to the extent
not otherwise provided, title IX, part A of the Elementary
and Secondary Education Act of 1965, as amended, and
section 215 of the Department of Education Organization
Act, $61,000,000.
OTHER RELATED AGENCIES
OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION
SALARIES AND EXPENSES
For necessary expenses of the Office of Navajo and
Hopi Indian Relocation as authorized by Public Law 93–
531, $19,345,000, to remain available until expended:
Provided, That funds provided in this or any other appro-
priations Act are to be used to relocate eligible individuals
and groups including evictees from District 6, Hopi-parti-
tioned lands residents, those in significantly substandard
housing, and all others certified as eligible and not in-
cluded in the preceding categories: Provided further, That
none of the funds contained in this or any other Act may
be used by the Office of Navajo and Hopi Indian Reloca-
tion to evict any single Navajo or Navajo family who, as
of November 30, 1985, was physically domiciled on the
lands partitioned to the Hopi Tribe unless a new or re-
528
placement home is provided for such household: Provided
further, That no relocatee will be provided with more than
one new or replacement home: Provided further, That the
Office shall relocate any certified eligible relocatees who
have selected and received an approved homesite on the
Navajo reservation or selected a replacement residence off
the Navajo reservation or on the land acquired pursuant
to 25 U.S.C. 640d–10.
INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE
CULTURE AND ARTS DEVELOPMENT
PAYMENT TO THE INSTITUTE
For payment to the Institute of American Indian and
Alaska Native Culture and Arts Development, as author-
ized by title XV of Public Law 99–498, as amended (20
U.S.C. 56, part A), $5,500,000.
SMITHSONIAN INSTITUTION
SALARIES AND EXPENSES
For necessary expenses of the Smithsonian Institu-
tion, as authorized by law, including research in the fields
of art, science, and history; development, preservation, and
documentation of the National Collections; presentation of
public exhibits and performances; collection, preparation,
dissemination, and exchange of information and publica-
tions; conduct of education, training, and museum assist-
ance programs; maintenance, alteration, operation, lease
529
(for terms not to exceed thirty years), and protection of
buildings, facilities, and approaches; not to exceed
$100,000 for services as authorized by 5 U.S.C. 3109; up
to 5 replacement passenger vehicles; purchase, rental, re-
pair, 
and 
cleaning 
of 
uniforms 
for 
employees;
$317,557,000, of which not to exceed $30,665,000 for the
instrumentation program, collections acquisition, Museum
Support Center equipment and move, exhibition reinstalla-
tion, the National Museum of the American Indian, the
repatriation of skeletal remains program, research equip-
ment, information management, and Latino programming
shall remain available until expended, and including such
funds as may be necessary to support American overseas
research centers and a total of $125,000 for the Council
of American Overseas Research Centers: Provided, That
funds appropriated herein are available for advance pay-
ments to independent contractors performing research
services or participating in official Smithsonian presen-
tations.
CONSTRUCTION AND IMPROVEMENTS, NATIONAL
ZOOLOGICAL PARK
For necessary expenses of planning, construction, re-
modeling, and equipping of buildings and facilities at the
National Zoological Park, by contract or otherwise,
$3,850,000, to remain available until expended.
530
REPAIR AND RESTORATION OF BUILDINGS
For necessary expenses of repair and restoration of
buildings owned or occupied by the Smithsonian Institu-
tion, by contract or otherwise, as authorized by section
2 of the Act of August 22, 1949 (63 Stat. 623), including
not to exceed $10,000 for services as authorized by 5
U.S.C. 3109, $39,000,000, to remain available until ex-
pended: Provided, That contracts awarded for environ-
mental systems, protection systems, and exterior repair or
restoration of buildings of the Smithsonian Institution
may be negotiated with selected contractors and awarded
on the basis of contractor qualifications as well as price.
CONSTRUCTION
For 
necessary 
expenses 
for 
construction,
$10,000,000, to remain available until expended.
NATIONAL GALLERY OF ART
SALARIES AND EXPENSES
For the upkeep and operations of the National Gal-
lery of Art, the protection and care of the works of art
therein, and administrative expenses incident thereto, as
authorized by the Act of March 24, 1937 (50 Stat. 51),
as amended by the public resolution of April 13, 1939
(Public Resolution 9, Seventy-sixth Congress), including
services as authorized by 5 U.S.C. 3109; payment in ad-
vance when authorized by the treasurer of the Gallery for