1261
administrative expenses of the Central Liquidity Facility
in fiscal year 1996 shall not exceed $560,000.
NATIONAL SCIENCE FOUNDATION
RESEARCH AND RELATED ACTIVITIES
For necessary expenses in carrying out the purposes
of the National Science Foundation Act of 1950, as amend-
ed (42 U.S.C. 1861–1875), and the Act to establish a Na-
tional Medal of Science (42 U.S.C. 1880–1881); services as
authorized by 5 U.S.C. 3109; maintenance and operation
of aircraft and purchase of flight services for research sup-
port; acquisition of aircraft; $2,274,000,000, of which not
to exceed $235,000,000 shall remain available until ex-
pended for Polar research and operations support, and for
reimbursement to other Federal agencies for operational
and science support and logistical and other related activi-
ties for the United States Antarctic program; the balance
to remain available until September 30, 1997: Provided,
That receipts for scientific support services and materials
furnished by the National Research Centers and other Na-
tional Science Foundation supported research facilities
may be credited to this appropriation: Provided further,
That to the extent that the amount appropriated is less than
the total amount authorized to be appropriated for included
program activities, all amounts, including floors and ceil-
ings, specified in the authorizing Act for those program ac-
1262
tivities or their subactivities shall be reduced proportion-
ally.
MAJOR RESEARCH EQUIPMENT
For necessary expenses in carrying out major con-
struction projects, and related expenses, pursuant to the
purposes of the National Science Foundation Act of 1950,
as amended (42 U.S.C. 1861–1875), $70,000,000, to remain
available until expended.
ACADEMIC RESEARCH INFRASTRUCTURE
For necessary expenses in carrying out an academic
research infrastructure program pursuant to the purposes
of the National Science Foundation Act of 1950, as amend-
ed (42 U.S.C. 1861–1875), including services as authorized
by 5 U.S.C. 3109 and rental of conference rooms in the Dis-
trict of Columbia, $100,000,000, to remain available until
September 30, 1997.
EDUCATION AND HUMAN RESOURCES
For necessary expenses in carrying out science and en-
gineering education and human resources programs and ac-
tivities pursuant to the purposes of the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861–
1875), including services as authorized by 5 U.S.C. 3109
and rental of conference rooms in the District of Columbia,
$599,000,000, to remain available until September 30,
1997: Provided, That to the extent that the amount of this
appropriation is less than the total amount authorized to
1263
be appropriated for included program activities, all
amounts, including floors and ceilings, specified in the au-
thorizing Act for those program activities or their
subactivities shall be reduced proportionally.
SALARIES AND EXPENSES
For necessary salaries and expenses in carrying out
the purposes of the National Science Foundation Act of
1950, as amended (42 U.S.C. 1861–1875); services author-
ized by 5 U.S.C. 3109; hire of passenger motor vehicles; not
to exceed $9,000 for official reception and representation
expenses; uniforms or allowances therefor, as authorized by
law (5 U.S.C. 5901–5902); rental of conference rooms in
the District of Columbia; reimbursement of the General
Services Administration for security guard services;
$127,310,000: Provided, That contracts may be entered into
under salaries and expenses in fiscal year 1996 for mainte-
nance and operation of facilities, and for other services, to
be provided during the next fiscal year.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector Gen-
eral in carrying out the provisions of the Inspector General
Act of 1978, as amended, $4,490,000, to remain available
until September 30, 1997.
1264
NATIONAL SCIENCE FOUNDATION HEADQUARTERS
RELOCATION
For necessary support of the relocation of the National
Science Foundation, $5,200,000: Provided, That these funds
shall be used to reimburse the General Services Administra-
tion for services and related acquisitions in support of relo-
cating the National Science Foundation.
NEIGHBORHOOD REINVESTMENT CORPORATION
PAYMENT TO THE NEIGHBORHOOD REINVESTMENT
CORPORATION
For payment to the Neighborhood Reinvestment Cor-
poration for use in neighborhood reinvestment activities, as
authorized by the Neighborhood Reinvestment Corporation
Act (42 U.S.C. 8101–8107), $38,667,000.
SELECTIVE SERVICE SYSTEM
SALARIES AND EXPENSES
For necessary expenses of the Selective Service System,
including expenses of attendance at meetings and of train-
ing for uniformed personnel assigned to the Selective Serv-
ice System, as authorized by law (5 U.S.C. 4101–4118) for
civilian employees; and not to exceed $1,000 for official re-
ception and representation expenses; $22,930,000: Provided,
That during the current fiscal year, the President may ex-
empt this appropriation from the provisions of 31 U.S.C.
1341, whenever he deems such action to be necessary in the
1265
interest of national defense: Provided further, That none of
the funds appropriated by the Act may be expended for or
in connection with the induction of any person into the
Armed Forces of the United States.
TITLE IV
CORPORATIONS
Corporations and agencies of the Department of Hous-
ing and Urban Development which are subject to the Gov-
ernment Corporation Control Act, as amended, are hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available to each such cor-
poration or agency and in accord with law, and to make
such contracts and commitments without regard to fiscal
year limitations as provided by section 104 of the Act as
may be necessary in carrying out the programs set forth
in the budget for 1996 for such corporation or agency except
as hereinafter provided: Provided, That collections of these
corporations and agencies may be used for new loan or
mortgage purchase commitments only to the extent ex-
pressly provided for in this Act (unless such loans are in
support of other forms of assistance provided for in this or
prior appropriations Acts), except that this proviso shall
not apply to the mortgage insurance or guaranty operations
of these corporations, or where loans or mortgage purchases
1266
are necessary to protect the financial interest of the United
States Government.
RESOLUTION TRUST CORPORATION
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector Gen-
eral in carrying out the provisions of the Inspector General
Act of 1978, as amended, $11,400,000.
TITLE V
GENERAL PROVISIONS
SEC. 501. Where appropriations in titles I, II, and
III of this Act are expendable for travel expenses and no
specific limitation has been placed thereon, the expenditures
for such travel expenses may not exceed the amounts set
forth therefor in the budget estimates submitted for the ap-
propriations: Provided, That this section shall not apply
to travel performed by uncompensated officials of local
boards and appeal boards of the Selective Service System;
to travel performed directly in connection with care and
treatment of medical beneficiaries of the Department of Vet-
erans Affairs; to travel performed in connection with major
disasters or emergencies declared or determined by the
President under the provisions of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act; to travel
performed by the Offices of Inspector General in connection
with audits and investigations; or to payments to inter-
1267
agency motor pools where separately set forth in the budget
schedules: Provided further, That if appropriations in titles
I, II, and III exceed the amounts set forth in budget esti-
mates initially submitted for such appropriations, the ex-
penditures for travel may correspondingly exceed the
amounts therefor set forth in the estimates in the same pro-
portion.
SEC. 502. Appropriations and funds available for the
administrative expenses of the Department of Housing and
Urban Development and the Selective Service System shall
be available in the current fiscal year for purchase of uni-
forms, or allowances therefor, as authorized by law (5
U.S.C. 5901–5902); hire of passenger motor vehicles; and
services as authorized by 5 U.S.C. 3109.
SEC. 503. Funds of the Department of Housing and
Urban Development subject to the Government Corporation
Control Act or section 402 of the Housing Act of 1950 shall
be available, without regard to the limitations on adminis-
trative expenses, for legal services on a contract or fee basis,
and for utilizing and making payment for services and fa-
cilities of Federal National Mortgage Association, Govern-
ment National Mortgage Association, Federal Home Loan
Mortgage Corporation, Federal Financing Bank, Resolution
Trust Corporation, Federal Reserve banks or any member
thereof, Federal Home Loan banks, and any insured bank
1268
within the meaning of the Federal Deposit Insurance Cor-
poration Act, as amended (12 U.S.C. 1811–1831).
SEC. 504. No part of any appropriation contained in
this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
SEC. 505. No funds appropriated by this Act may be
expended—
(1) pursuant to a certification of an officer or
employee of the United States unless—
(A) such certification is accompanied by, or
is part of, a voucher or abstract which describes
the payee or payees and the items or services for
which such expenditure is being made, or
(B) the expenditure of funds pursuant to
such certification, and without such a voucher or
abstract, is specifically authorized by law; and
(2) unless such expenditure is subject to audit by
the General Accounting Office or is specifically ex-
empt by law from such audit.
SEC. 506. None of the funds provided in this Act to
any department or agency may be expended for the trans-
portation of any officer or employee of such department or
agency between his domicile and his place of employment,
with the exception of any officer or employee authorized
1269
such transportation under title 31, United States Code, sec-
tion 1344.
SEC. 507. None of the funds provided in this Act may
be used for payment, through grants or contracts, to recipi-
ents that do not share in the cost of conducting research
resulting from proposals not specifically solicited by the
Government: Provided, That the extent of cost sharing by
the recipient shall reflect the mutuality of interest of the
grantee or contractor and the Government in the research.
SEC. 508. None of the funds provided in this Act may
be used, directly or through grants, to pay or to provide
reimbursement for payment of the salary of a consultant
(whether retained by the Federal Government or a grantee)
at more than the daily equivalent of the rate paid for Level
IV of the Executive Schedule, unless specifically authorized
by law.
SEC. 509. None of the funds in this Act shall be used
to pay the expenses of, or otherwise compensate, non-Fed-
eral parties intervening in regulatory or adjudicatory pro-
ceedings. Nothing herein affects the authority of the
Consumer Product Safety Commission pursuant to section
7 of the Consumer Product Safety Act (15 U.S.C. 2056 et
seq.).
SEC. 510. Except as otherwise provided under existing
law or under an existing Executive order issued pursuant
1270
to an existing law, the obligation or expenditure of any ap-
propriation under this Act for contracts for any consulting
service shall be limited to contracts which are (1) a matter
of public record and available for public inspection, and
(2) thereafter included in a publicly available list of all con-
tracts entered into within twenty-four months prior to the
date on which the list is made available to the public and
of all contracts on which performance has not been com-
pleted by such date. The list required by the preceding sen-
tence shall be updated quarterly and shall include a nar-
rative description of the work to be performed under each
such contract.
SEC. 511. Except as otherwise provided by law, no
part of any appropriation contained in this Act shall be
obligated or expended by any executive agency, as referred
to in the Office of Federal Procurement Policy Act (41
U.S.C. 401 et seq.) for a contract for services unless such
executive agency (1) has awarded and entered into such
contract in full compliance with such Act and the regula-
tions promulgated thereunder, and (2) requires any report
prepared pursuant to such contract, including plans, eval-
uations, studies, analyses and manuals, and any report
prepared by the agency which is substantially derived from
or substantially includes any report prepared pursuant to
such contract, to contain information concerning (A) the
1271
contract pursuant to which the report was prepared, and
(B) the contractor who prepared the report pursuant to such
contract.
SEC. 512. Except as otherwise provided in section 506,
none of the funds provided in this Act to any department
or agency shall be obligated or expended to provide a per-
sonal cook, chauffeur, or other personal servants to any offi-
cer or employee of such department or agency.
SEC. 513. None of the funds provided in this Act to
any department or agency shall be obligated or expended
to procure passenger automobiles as defined in 15 U.S.C.
2001 with an EPA estimated miles per gallon average of
less than 22 miles per gallon.
SEC. 514. Such sums as may be necessary for fiscal
year 1996 pay raises for programs funded by this Act shall
be absorbed within the levels appropriated in this Act.
SEC. 515. None of the funds appropriated in title I
of this Act shall be used to enter into any new lease of real
property if the estimated annual rental is more than
$300,000 unless the Secretary submits, in writing, a report
to the Committees on Appropriations of the Congress and
a period of 30 days has expired following the date on which
the report is received by the Committees on Appropriations.
SEC. 516. (a) PURCHASE OF AMERICAN-MADE EQUIP-
MENT AND PRODUCTS.—It is the sense of the Congress that,
1272
to the greatest extent practicable, all equipment and prod-
ucts purchased with funds made available in this Act should
be American-made.
(b) NOTICE REQUIREMENT.—In providing financial
assistance to, or entering into any contract with, any entity
using funds made available in this Act, the head of each
Federal agency, to the greatest extent practicable, shall pro-
vide to such entity a notice describing the statement made
in subsection (a) by the Congress.
SEC. 517. None of the funds appropriated in this Act
may be used to implement any cap on reimbursements to
grantees for indirect costs, except as published in Office of
Management and Budget Circular A–21.
SEC. 518. None of the funds made available in this
Act may be used for any program, project, or activity, when
it is made known to the Federal entity or official to which
the funds are made available that the program, project, or
activity is not in compliance with any Federal law relating
to risk assessment, the protection of private property rights,
or unfunded mandates.
SEC. 519. In fiscal year 1996, the Director of the Fed-
eral Emergency Management Agency shall sell the disaster
housing inventory of mobile homes and trailers, and the
proceeds thereof shall be deposited in the Treasury.
1273
SEC. 520. Such funds as may be necessary to carry
out the orderly termination of the Office of Consumer Af-
fairs shall be made available from funds appropriated to
the Department of Health and Human Services for fiscal
year 1996.
This Act may be cited as the ‘‘Departments of Veterans
Affairs and Housing and Urban Development, and Inde-
pendent Agencies Appropriations Act, 1996’’.
TITLE 
II—EMERGENCY 
SUPPLEMENTAL
APPROPRIATIONS FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 1996
CHAPTER 1
DEPARTMENT OF AGRICULTURE
NATURAL RESOURCES CONSERVATION SERVICE
WATERSHED AND FLOOD PREVENTION OPERATIONS
For an additional amount for ‘‘Watershed and Flood
Prevention Operations’’ to repair damages to waterways
and watersheds resulting from flooding in the Pacific
Northwest, the Northeast blizzards and floods, and other
natural disasters, $107,514,000, to remain available until
expended: Provided, That if the Secretary determines that
the cost of land and farm structures restoration exceeds the
fair market value of an affected cropland, the Secretary
may use sufficient amounts from funds provided under this
heading to accept bids from willing sellers to provide con-
1274
servation easements for such cropland inundated by floods
as provided for by the Wetlands Reserve Program, author-
ized by subchapter C of chapter 1 of subtitle D of title XII
of the Food Security Act of 1985 (16 U.S.C. 3837): Provided
further, That the entire amount shall be available only to
the extent that an official budget request for a specific dollar
amount, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to Con-
gress: Provided further, That the entire amount is des-
ignated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
CONSOLIDATED FARM SERVICE AGENCY
EMERGENCY CONSERVATION PROGRAM
For necessary expenses to carry into effect the program
authorized in sections 401, 402, and 404 of title IV of the
Agricultural Credit Act of 1978 (16 U.S.C. 2201–2205) for
expenses resulting from floods in the Pacific Northwest and
other natural disasters, $30,000,000, to remain available
until expended, as authorized by 16 U.S.C. 2204: Provided,
That the entire amount shall be available only to the extent
that an official budget request for a specific dollar amount,
that includes designation of the entire amount of the request
1275
as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to Congress: Pro-
vided further, That the entire amount is designated by Con-
gress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
RURAL HOUSING AND COMMUNITY DEVELOPMENT
SERVICE
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
For an additional amount for the ‘‘Rural Housing In-
surance Fund Program Account’’ for the cost of direct loans
to assist in the recovery from floods in the Pacific Northwest
and other natural disasters, to remain available until ex-
pended, $5,000,000 for the cost of section 502 direct loans;
and $1,500,000 for the cost of section 504 housing repair
loans: Provided, That the entire amount shall be available
only to the extent that an official budget request for a spe-
cific dollar amount, that includes designation of the entire
amount of the request as an emergency requirement as de-
fined in the Balanced Budget and Emergency Deficit Con-
trol Act of 1985, as amended, is transmitted by the Presi-
dent to Congress: Provided further, That the entire amount
is designated by Congress as an emergency requirement
1276
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
VERY LOW-INCOME HOUSING REPAIR GRANTS
For an additional amount for ‘‘Very Low-Income
Housing Repair Grants’’ to make housing repairs needed
as a result of floods and other natural disasters, pursuant
to Section 504 of the Housing Act of 1949, as amended,
$1,100,000, to remain available until expended: Provided,
That the entire amount shall be available only to the extent
that an official budget request for a specific dollar amount,
that includes designation of the entire amount of the request
as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to Congress: Pro-
vided further, That the entire amount is designated by Con-
gress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
RURAL UTILITIES SERVICE
RURAL UTILITIES ASSISTANCE PROGRAM
For an additional amount for the ‘‘Rural Utilities As-
sistance Program’’ for the cost of direct loans and grants
to assist in the recovery from floods in the Pacific Northwest
and other natural disasters, $11,000,000, to remain avail-
able until expended: Provided, That such funds may be
available for emergency community water assistance grants
1277
as authorized by 7 U.S.C. 1926b: Provided further, That
the entire amount shall be available only to the extent that
an official budget request for a specific dollar amount, that
includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to Congress: Pro-
vided further, That the entire amount is designated by Con-
gress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
ADMINISTRATIVE PROVISION
With the prior approval of the House and Senate Com-
mittees on Appropriations, funds appropriated to the De-
partment of Agriculture under this chapter may be trans-
ferred by the Secretary of Agriculture between accounts of
the Department of Agriculture included in this Act to sat-
isfy emergency disaster funding requirements.
1278
CHAPTER 2
DEPARTMENTS OF COMMERCE, JUSTICE, AND
STATE, 
THE 
JUDICIARY, 
AND 
RELATED
AGENCIES
DEPARTMENT OF COMMERCE
ECONOMIC DEVELOPMENT ADMINISTRATION
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
For an additional amount for emergency expenses re-
sulting from flooding in the Pacific Northwest, and in the
Devils Lake Basin in North Dakota $25,000,000, to remain
available until expended for grants and related expenses
pursuant to the Public Works and Economic Development
Act of 1965, as amended; and in addition, $2,500,000 for
administrative expenses to remain available until expended,
which may be transferred to and merged with the appro-
priations for ‘‘Salaries and expenses’’: Provided, That the
entire amount is hereby designated by Congress as an emer-
gency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended: Provided further, That the entire
amount shall be available only to the extent an official
budget request, for a specific dollar amount, that includes
designation of the entire amount of the request as an emer-
gency requirement as defined in the Balanced Budget and
1279
Emergency Deficit Control Act of 1985, as amended, is
transmitted to Congress.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
CONSTRUCTION
For an additional amount for ‘‘Construction’’ for
emergency expenses resulting from flooding in the Pacific
Northwest and other natural disasters, $10,000,000, to re-
main available until expended: Provided, That the entire
amount is hereby designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended.
RELATED AGENCY
SMALL BUSINESS ADMINISTRATION
DISASTER LOANS PROGRAM ACCOUNT
For an additional amount for ‘‘Disaster Loans Pro-
gram Account’’, $69,700,000 for the cost of direct loans, to
remain available until expended: Provided, That such costs,
including the cost of modifying such loans, shall be as de-
fined in section 502 of the Congressional Budget Act of
1974; and for administrative expenses to carry out the di-
rect loan program, $30,300,000, to remain available until
expended: Provided, That both amounts are hereby des-
ignated by Congress as emergency requirements pursuant
1281
the entire amount of the request as an emergency require-
ment as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by
the President to Congress: Provided further, That the entire
amount is designated by Congress as an emergency require-
ment pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended.
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
CONSTRUCTION PROGRAM
For an additional amount for the ‘‘Construction Pro-
gram’’, $18,000,000, to remain available until expended:
Provided, That the entire amount shall be available only
to the extent that an official budget request for a specific
dollar amount, that includes designation of the entire
amount of the request as an emergency requirement as de-
fined in the Balanced Budget and Emergency Deficit Con-
trol Act of 1985, as amended, is transmitted by the Presi-
dent to Congress: Provided further, That the entire amount
is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
1282
CHAPTER 4
DEPARTMENT OF THE INTERIOR AND RELATED
AGENCIES
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
CONSTRUCTION AND ACCESS
For an additional amount for ‘‘Construction and Ac-
cess’’, $5,000,000, to remain available until expended, to
repair roads, culverts, bridges, facilities, fish and wildlife
protective structures, and recreation sites, damaged due to
the Pacific Northwest flooding: Provided, That the entire
amount shall be available only to the extent that an official
budget request for a specific dollar amount, that includes
designation of the entire amount of the request as an emer-
gency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to Congress: Provided further,
That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended.
OREGON AND CALIFORNIA GRANT LANDS
For an additional amount for ‘‘Oregon and California
Grant Lands’’, $35,000,000, to remain available until ex-
pended, to repair roads, culverts, bridges, facilities, fish and
wildlife protective structures, and recreation sites, damaged
1283
due to the Pacific Northwest flooding: Provided, That the
entire amount shall be available only to the extent that an
official budget request for a specific dollar amount, that in-
cludes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to Congress: Pro-
vided further, That the entire amount is designated by Con-
gress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
UNITED STATES FISH AND WILDLIFE SERVICE
RESOURCE MANAGEMENT
For an additional amount for Resource Management,
$1,600,000, to remain available until expended, to provide
technical assistance to the Natural Resource Conservation
Service, the Federal Emergency Management Agency, the
United States Army Corps of Engineers and other agencies
on fish and wildlife habitat issues related to damage caused
by floods, storms and other acts of nature: Provided, That
the entire amount shall be available only to the extent that
an official budget request for a specific dollar amount, that
includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as
1284
amended, is transmitted by the President to Congress: Pro-
vided further, That the entire amount is designated by Con-
gress as an emergency requirement pursuant to section
251(b)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
CONSTRUCTION
For an additional amount for ‘‘Construction’’,
$37,300,000, to remain available until expended, to repair
damage caused by hurricanes, floods and other acts of na-
ture, and to protect natural resources in the Devils Lake
Basin in North Dakota: Provided, That the entire amount
shall be available only to the extent that an official budget
request for a specific dollar amount, that includes designa-
tion of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended, is transmit-
ted by the President to Congress: Provided further, That the
entire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended.
NATIONAL PARK SERVICE
CONSTRUCTION
For an additional amount for ‘‘Construction’’,
$47,000,000, to remain available until expended, to repair
damage caused by hurricanes, floods and other acts of na-
1285
ture: Provided, That the entire amount shall be available
only to the extent that an official budget request for a spe-
cific dollar amount, that includes designation of the entire
amount of the request as an emergency requirement as de-
fined in the Balanced Budget and Emergency Deficit Con-
trol Act of 1985, as amended, is transmitted by the Presi-
dent to Congress: Provided further, That the entire amount
is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
For an additional amount for ‘‘Surveys, investiga-
tions, and research’’, $2,000,000, to remain available until
September 30, 1997, for the costs related to hurricanes,
floods and other acts of nature: Provided, That the entire
amount shall be available only to the extent that an official
budget request for a specific dollar amount, that includes
designation of the entire amount of the request as an emer-
gency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to Congress: Provided further,
That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i)
1286
of the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended.
BUREAU OF INDIAN AFFAIRS
OPERATION OF INDIAN PROGRAMS
For an additional amount for ‘‘Operation of Indian
Programs’’, $500,000, to remain available until September
30, 1998, for emergency operations and repairs related to
winter floods: Provided, That the entire amount shall be
available only to the extent that an official budget request
for a specific dollar amount, that includes designation of
the entire amount of the request as an emergency require-
ment as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by
the President to Congress: Provided further, That the entire
amount is designated by Congress as an emergency require-
ment pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended.
CONSTRUCTION
For an additional amount for ‘‘Construction’’,
$16,500,000, to remain available until expended, for emer-
gency repairs related to winter floods: Provided, That the
entire amount shall be available only to the extent that an
official budget request for a specific dollar amount, that in-
cludes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced
1287
Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to Congress: Pro-
vided further, That the entire amount is designated by Con-
gress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
TERRITORIAL AND INTERNATIONAL AFFAIRS
ASSISTANCE TO TERRITORIES
For an additional amount for ‘‘Assistance to Terri-
tories’’, $13,000,000, to remain available until expended,
for recovery efforts from Hurricane Marilyn: Provided,
That the entire amount shall be available only to the extent
that an official budget request for a specific dollar amount,
that includes designation of the entire amount of the request
as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to Congress: Pro-
vided further, That the entire amount is designated by Con-
gress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
DEPARTMENT OF AGRICULTURE
NATIONAL FOREST SYSTEM
For an additional amount for ‘‘National Forest Sys-
tem’’, $26,600,000, to remain available until expended, to
1288
repair damage caused by hurricanes, floods and other acts
of nature, including $300,000 for the costs associated with
response and rehabilitation, including access repairs, at the
Amalgamated Mill site in the Willamette National Forest
containing sulphur-rich and other mining tailings in order
to prevent contamination of Battle Ax Creek, and the Little
North Fork of the Santiam River, from which the City of
Salem, Oregon, obtains its municipal water supply: Pro-
vided, That the entire amount shall be available only to
the extent that an official budget request for a specific dollar
amount, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to Con-
gress: Provided further, That the entire amount is des-
ignated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
CONSTRUCTION
For an additional amount for ‘‘Construction’’,
$60,800,000, to remain available until expended: Provided,
That the entire amount shall be available only to the extent
that an official budget request for a specific dollar amount,
that includes designation of the entire amount of the request
as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as
1289
amended, is transmitted by the President to Congress: Pro-
vided further, That the entire amount is designated by Con-
gress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
CHAPTER 5
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
PAYMENTS TO AIR CARRIERS
The first proviso under the head ‘‘Payments to Air
Carriers’’ in Title I of the Department of Transportation
and Related Agencies Appropriations Act, 1996 (Public
Law 104–50), is amended to read as follows: ‘‘Provided,
That none of the funds in this Act shall be available for
the implementation or execution of programs in excess of
$22,600,000 from the Airport and Airway Trust Fund for
the Payments to Air Carriers program in fiscal year
1996:’’.
FEDERAL HIGHWAY ADMINISTRATION
FEDERAL-AID HIGHWAYS
(HIGHWAY TRUST FUND)
For the Emergency Fund authorized by 23 U.S.C. 125
to cover expenses arising from the January 1996 flooding
in the Mid-Atlantic, Northeast, and Northwest States and
other disasters, $300,000,000, to be derived from the High-
way Trust Fund and to remain available until expended:
1290
Provided, That the entire amount shall be available only
to the extent that an official budget request for a specific
dollar amount, that includes designation of the entire
amount of the request as an emergency requirement as de-
fined in the Balanced Budget and Emergency Deficit Con-
trol Act of 1985, as amended, is transmitted by the Presi-
dent to Congress: Provided further, That such amount is
designated by Congress as an emergency requirement pursu-
ant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Pro-
vided further, That the provisions of 23 U.S.C. 125(b)(1)
shall not apply to projects relating to the January 1996
flooding in the Mid-Atlantic, Northeast, and Northwest
States.
FEDERAL RAILROAD ADMINISTRATION
LOCAL RAIL FREIGHT ASSISTANCE
For expenses pursuant to subtitle 5 of the Department
of Transportation Act (49 U.S.C.), to repair and rebuild
rail lines of other than class I railroads as defined by the
Surface Transportation Board or railroads owned or con-
trolled by a class I railroad, having carried 5 million gross
ton miles or less per mile during the prior year, and dam-
aged as a result of the floods of 1996, $10,000,000: Provided,
That for the purposes of administering this emergency re-
lief, the Secretary of Transportation shall have authority
1291
to make funds available notwithstanding section 22101,
(a)(1) and (3) and (d), sections 22102 to 22104, section
22105(a) and section 22108, (a) and (b) of 49 U.S.C. as
the Secretary deems appropriate and shall consider the ex-
tent to which the State has available unexpended local rail
freight assistance funds or available repaid loan funds: Pro-
vided further, That, notwithstanding 49 U.S.C. chapter
221, the Secretary may prescribe the form and time for ap-
plications for assistance made available herein: Provided
further, That the entire amount shall be available only to
the extent that an official budget request for a specific dollar
amount, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to Con-
gress: Provided further, That the entire amount is des-
ignated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Pro-
vided further, That all funds made available under this
head are to remain available until September 30, 1997.
1292
FEDERAL TRANSIT ADMINISTRATION
MASS TRANSIT CAPITAL FUND
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
For an additional amount for payment of obligations
incurred in carrying out 49 U.S.C. 5338(b) administered
by the Federal Transit Administration, $375,000,000, to be
derived from the Highway Trust Fund and to remain avail-
able until expended.
CHAPTER 6
DEPARTMENTS OF VETERANS AFFAIRS AND
HOUSING AND URBAN DEVELOPMENT AND
INDEPENDENT AGENCIES
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
COMMUNITY PLANNING AND DEVELOPMENT
COMMUNITY DEVELOPMENT GRANTS
For an additional amount for ‘‘Community develop-
ment grants’’, $100,000,000, to remain available until Sep-
tember 30, 1998, for emergency expenses and repairs related
to recent Presidentially declared disaster areas, including
up to $10,000,000 which may be made for rental subsidy
contracts under the section 8 existing housing certificate
program and the housing voucher program under section
8 of the United States Housing Act of 1937, as amended,
except that such amount shall be available only for tem-
1293
porary housing assistance, not in excess of one year in du-
ration, and shall not be subject to renewal: Provided, That
the entire amount shall be available only to the extent that
an official budget request for a specific dollar amount, that
includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to Congress: Pro-
vided further, That the entire amount is designated by Con-
gress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
FEDERAL EMERGENCY MANAGEMENT AGENCY
DISASTER RELIEF
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Disaster Relief’’,
$150,000,000, to remain available until expended, which,
in whole or in part, may be transferred to the Disaster As-
sistance Direct Loan Program Account for the cost of direct
loans as authorized under section 417 of the Robert T. Staf-
ford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.): Provided, That such transfer may be
made to subsidize gross obligations for the principal
amount of direct loans not to exceed $170,000,000 under
section 417 of the Stafford Act: Provided further, That any
such transfer of funds shall be made only upon certification
1294
by the Director of the Federal Emergency Management
Agency that all requirements of section 417 of the Stafford
Act will be complied with: Provided further, That the entire
amount of this appropriation shall be available only to the
extent that an official budget request for a specific dollar
amount, that includes designation of the entire amount of
the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to Con-
gress: Provided further, That the entire amount is des-
ignated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
CHAPTER 7
FOREIGN OPERATIONS, EXPORT FINANCING, AND
RELATED AGENCIES
FUNDS APPROPRIATED TO THE PRESIDENT
UNANTICIPATED NEEDS
UNANTICIPATED NEEDS FOR DEFENSE
OF ISRAEL AGAINST TERRORISM
For emergency expenses necessary to meet unantici-
pated needs for the acquisition and provision of goods, serv-
ices, and/or grants for Israel necessary to support the eradi-
cation of terrorism in and around Israel, $50,000,000: Pro-
vided, That none of the funds appropriated in this para-
graph shall be available for obligation except through the
1295
regular notification procedures of the Committees on Appro-
priations: Provided further, That the entire amount is des-
ignated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
AGENCY FOR INTERNATIONAL DEVELOPMENT
ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC
STATES
For an additional amount for ‘‘Assistance for Eastern
Europe and the Baltic States’’ for Bosnia and Herzegovina,
including demining assistance, $200,000,000, of which
amount $5,000,000 shall be used for the administrative ex-
penses of the U.S. Agency for International Development:
Provided, That not to exceed $5,000,000 of such funds and
any other funds appropriated under the same heading for
fiscal year 1996 is available for the cost of modifying direct
loans and loan guarantees, as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
contracts to carry out programs using such funds shall, to
the maximum extent practicable, be entered into with com-
panies organized under the laws of a State of the United
States and organizations (including community chests,
funds, foundations, non-incorporated businesses, and other
institutions) organized in the United States: Provided fur-
ther, That none of the funds appropriated or otherwise
1296
made available under this heading shall be obligated except
through the regular notification procedures of the Commit-
tees on Appropriations: Provided further, That the entire
amount appropriated is designated by Congress as an emer-
gency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended: Provided further, That funds appro-
priated by this Act for economic reconstruction may only
be made available for projects, activities, or programs with-
in the sector assigned to American forces of the NATO Mili-
tary Implementation Force (IFOR) and Sarajevo: Provided
further, That priority consideration shall be given to
projects and activities designated in the IFOR ‘‘Task Force
Eagle civil military project list’’: Provided further, That
no funds made available under this Act, or any other Act,
may be obligated for the purposes of rebuilding or repairing
housing in areas where refugees or displaced persons are
refused the right of return by Federation or local authorities
due to ethnicity or political party affiliation: Provided fur-
ther, That no funds may be made available under this head-
ing in this Act, or any other Act, to any banking or finan-
cial institution in Bosnia and Herzegovina unless such in-
stitutions agree in advance, and in writing, to allow the
United States General Accounting Office access for the pur-
poses of audit of the use of United States assistance: Pro-
1297
vided further, That effective ninety days after the date of
enactment of this Act, none of the funds appropriated under
this heading may be made available for the purposes of eco-
nomic reconstruction in Bosnia and Herzegovina unless the
President determines and certifies in writing to the Com-
mittee on Appropriations that the aggregate bilateral con-
tributions pledged by non-United States donors for eco-
nomic reconstruction are at least equivalent to the United
States bilateral contributions made under this Act and in
the fiscal year 1995 and fiscal year 1996 Foreign Oper-
ations, Export Financing and Related Programs Appro-
priations bills.
Except for funds made available for demining activi-
ties, no funds may be provided under this heading in this
Act until the President certifies to the Committees on Ap-
propriations that:
(1) The Federation of Bosnia and Herzegovina is
in compliance with Article III, Annex 1A of the Day-
ton Agreement; and
(2) Intelligence cooperation on training, inves-
tigations, or related activities between Iranian offi-
cials and Bosnian officials has been terminated.
1298
MILITARY ASSISTANCE
FOREIGN MILITARY FINANCING PROGRAM
For an additional amount for ‘‘Foreign Military Fi-
nancing Program’’ for grants for Jordan pursuant to sec-
tion 23 of the Arms Export Control Act, $70,000,000: Pro-
vided, That such funds may be used for Jordan to finance
transfers by lease of defense articles under chapter 6 of such
Act.
CHAPTER 8
DEPARTMENT OF DEFENSE
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For an additional amount for ‘‘Military Personnel,
Army’’, $244,400,000.
MILITARY PERSONNEL, NAVY
For an additional amount for ‘‘Military Personnel,
Navy’’, $11,700,000.
MILITARY PERSONNEL, MARINE CORPS
For an additional amount for ‘‘Military Personnel,
Marine Corps’’, $2,600,000.
MILITARY PERSONNEL, AIR FORCE
For an additional amount for ‘‘Military Personnel,
Air Force’’, $27,300,000.
1299
OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, ARMY
For an additional amount for ‘‘Operation and Mainte-
nance, Army’’, $195,000,000.
OPERATION AND MAINTENANCE, MARINE CORPS
For an additional amount for ‘‘Operation and Mainte-
nance, Marine Corps’’, $900,000.
OPERATION AND MAINTENANCE, AIR FORCE
For an additional amount for ‘‘Operation and Mainte-
nance, Air Force’’, $190,000,000.
OPERATION AND MAINTENANCE, DEFENSE-WIDE
For an additional amount for ‘‘Operation and Mainte-
nance, Defense-Wide’’, $79,800,000.
PROCUREMENT
OTHER PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Other Procurement,
Air Force’’, $26,000,000.
GENERAL PROVISION
(TRANSFER OF FUNDS)
SEC. 801. Section 8005 of the Department of Defense
Appropriations Act, 1996 (Public Law 104–61), is amended
by striking out ‘‘$2,400,000,000’’ and inserting in lieu
thereof ‘‘$2,700,000,000’’.
SEC. 802. Notwithstanding any other provision of law,
funds appropriated in the Department of Defense Appro-
1300
priations Act, 1996 (Public Law 104–61) under the heading
‘‘Aircraft Procurement, Air Force’’ may be obligated for ad-
vance procurement and procurement of F–15E aircraft.
SEC. 803. Funds appropriated under the heading,
‘‘Aircraft Procurement, Air Force,’’ in Public Laws 104–
61, 103–335, and 103–139 that are or remain available for
C–17 airframes, C–17 aircraft engines, and complementary
widebody aircraft/NDAA may be used for multiyear pro-
curement contracts for C–17 aircraft: Provided, That the
duration of multiyear contracts awarded under the author-
ity of this section may be for a period not to exceed seven
program years, notwithstanding section 2306b(1) of title
10, United States Code: Provided further, That the author-
ity under this section may not be used to enter into a
multiyear procurement contract until the earlier of (1) May
24, 1996, or (2) the day after the date of the enactment
of an Act that contains a provision authorizing the Depart-
ment of Defense to enter into a multiyear contract for the
C–17 aircraft program.
SEC. 804. (a) In addition to the amounts made avail-
able in Public Law 104–61 under the heading ‘‘Research,
Development, 
Test 
and 
Evaluation, 
Defense-Wide’’,
$50,000,000 is hereby made available to continue the activi-
ties of the semiconductor manufacturing consortium known
as Sematech.
1301
(b) Of the funds made available in Public Law 104–
61 under the heading ‘‘Research, Development, Test and
Evaluation, Army’’, $7,000,000 are rescinded.
(c) Of the funds made available in Public Law 104–
61 under the heading ‘‘Research, Development, Test and
Evaluation, Navy’’, $12,500,000 are rescinded.
(d) Of the funds made available in Public Law 104–
61 under the heading ‘‘Research, Development, Test and
Evaluation, Air Force’’, $16,000,000 are rescinded.
(e) Of the funds made available in Public Law 104–
61 under the heading ‘‘Research, Development, Test and
Evaluation, Defense-Wide’’, $14,500,000 are rescinded.
(f) Of the funds rescinded under subsection (e) of this
provision, none of the reduction shall be applied to the Bal-
listic Missile Defense Organization.
SEC. 805. Of the funds appropriated in title II of Pub-
lic Law 104–61, under the heading ‘‘Overseas Humani-
tarian, Disaster, and Civic Aid’’, for training and activities
related to the clearing of landmines for humanitarian pur-
poses, up to $15,000,000 may be transferred to ‘‘Operations
and Maintenance, Defense Wide’’, to be available for the
payment of travel, transportation and subsistence expenses
of Department of Defense personnel incurred in carrying
out humanitarian assistance activities related to the detec-
tion and clearance of landmines.
1302
SEC. 806. Notwithstanding any other provision of law,
$15,000,000 made available for ‘‘Operations and Mainte-
nance, Army’’ in P.L. 104–61 shall be obligated for the re-
mediation of environmental contamination at the National
Presto Industries, Inc. site in Eau Claire, Wisconsin. These
funds shall be obligated only for the implementation and
execution of the 1988 agreement between the Department
of the Army and National Presto Industries, Inc.
SEC. 807. (a) Subsection (b) of section 802 of the
David L. Boren National Security Education Act of 1991
(50 U.S.C. 1902) is amended by adding after paragraph
(3), flush to the subsection margin, the following:
‘‘Notwithstanding any other provision of law, including the
matter under the heading ‘NATIONAL SECURITY EDUCATION
TRUST FUND’ in title VII of Public Law 104–61, the work
of an individual accepting a scholarship or fellowship under
the program shall be the work specified in paragraph (2),
or such other work as the individual and the Secretary
agree upon under an agreement having modified service re-
quirements pursuant to subsection (f).’’.
(b) Such section is further amended by adding at the
end the following:
‘‘(f) AUTHORITY TO MODIFY SERVICE AGREEMENT
REQUIREMENTS.—The Secretary shall have sole authority
1303
to modify, amend, or revise the requirements under sub-
section (b) that apply to service agreements.’’.
(c) Subsection (a) of such section is amended by add-
ing at the end the following:
‘‘(5) EMPLOYMENT OPPORTUNITY OUTREACH.—
The Secretary shall take appropriate actions to make
available to recipients of scholarships or fellowships
under the program information on employment op-
portunities in the departments and agencies of the
Federal Government having responsibility for na-
tional security matters.’’.
SEC. 808. (a)(1) Section 1177 of title 10, United States
Code, relating to mandatory discharge or retirement of
members of the Armed Forces infected with HIV–1 virus,
is repealed.
(2) The table of sections at the beginning of chapter
59 of such title is amended by striking out the item relating
to section 1177.
(b) Subsection (b) of section 567 of the National De-
fense Authorization Act for Fiscal Year 1996 is repealed.
(TRANSFER OF FUNDS)
SEC. 809. Of the funds appropriated or otherwise made
available in title IV of the Department of Defense Appro-
priations Act, 1996 (Public Law 104–61) under the para-
graph ‘‘RESEARCH, DEVELOPMENT, TEST, AND EVALUA-
TION, AIR FORCE’’, $44,900,000 are transferred to and
1304
merged with funds appropriated or otherwise made avail-
able under title II of that Act under the paragraph ‘‘OPER-
ATION AND MAINTENANCE, AIR FORCE’’ and shall be avail-
able for obligation and expenditure for the operation and
maintenance of 94 B–52H bomber aircraft in active status
or in attrition reserve.
SEC. 810. Of the funds made available in Public Law
104–61 under the heading ‘‘RESEARCH, DEVELOPMENT,
TEST AND EVALUATION, DEFENSE-WIDE’’, $500,000 of the
funds provided for the Advanced Research Projects Agency
may be available to purchase photographic technology to
support research in detonation physics: Provided, That the
Director of Defense Research and Engineering shall provide
the congressional defense committees on appropriations
with a plan for the acquisition and use of this instrument
no later than April 29, 1996.
SEC. 811. Of the funds made available in Public Law
104–61 under the heading ‘‘RESEARCH, DEVELOPMENT,
TEST AND EVALUATION, DEFENSE-WIDE’’, up to $2,000,000
of the funds provided for the Joint DoD-DoE Munitions
Technology Development program element shall be used to
develop and test an open-architecture machine tool control-
ler.
1305
CHAPTER 9
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION
NORTH ATLANTIC TREATY ORGANIZATION SECURITY
INVESTMENT PROGRAM
For an additional amount for ‘‘North Atlantic Treaty
Organization Security Investment Program’’, $37,500,000,
to remain available until expended: Provided, That the Sec-
retary of Defense may make additional contributions for
the North Atlantic Treaty Organization as provided in sec-
tion 2806 of title 10, United States Code: Provided further,
That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended.
GENERAL PROVISIONS
SEC. 901. LAND CONVEYANCE, ARMY RESERVE CENTER,
GREENSBORO, ALABAMA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the
Army may convey, without consideration, to Hale County,
Alabama, all right, title, and interest of the United States
in and to a parcel of real property consisting of approxi-
mately 5.17 acres and located at the Army Reserve Center,
Greensboro, Alabama, that was conveyed by Hale County,
1306
Alabama, to the United States by warranty deed dated Sep-
tember 12, 1988.
(b) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of the property conveyed under sub-
section (a) shall be as described in the deed referred to in
that subsection.
(c) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the conveyance under this section as the
Secretary considers appropriate to protect the interests of
the United States.
CHAPTER 10
RESCINDING CERTAIN BUDGET AUTHORITY
FOREIGN OPERATIONS, EXPORT FINANCING, AND
RELATED PROGRAMS
EXPORT AND INVESTMENT ASSISTANCE
EXPORT-IMPORT BANK OF THE UNITED STATES
SUBSIDY APPROPRIATION
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–107, $25,000,000 are rescinded.
1307
DEPARTMENT OF DEFENSE—MILITARY
PROCUREMENT
MISSILE PROCUREMENT, AIR FORCE
(RESCISSION)
Of the funds made available under this heading in
Public Law 103–335, $310,000,000 are rescinded.
OTHER PROCUREMENT, AIR FORCE
(RESCISSION)
Of the funds made available under this heading in
Public Law 103–335, $265,000,000 are rescinded.
RESEARCH, DEVELOPMENT, TEST AND
EVALUATION
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR
FORCE
(RESCISSION)
Of the funds made available under this heading in
Public Law 103–335, $245,000,000 are rescinded.
1308
CHAPTER 11
TREASURY, POSTAL SERVICE AND
GENERAL GOVERNMENT
EXECUTIVE OFFICE OF THE PRESIDENT AND
FUNDS APPROPRIATED TO THE PRESIDENT
OFFICE OF NATIONAL DRUG CONTROL POLICY
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Salaries and Ex-
penses,’’ $3,900,000.
INDEPENDENT AGENCIES
GENERAL SERVICES ADMINISTRATION
FEDERAL BUILDINGS FUND
LIMITATIONS ON AVAILABILITY OF REVENUE
(RESCISSION)
Of the funds made available for installment acquisi-
tion payments under this heading in Public Law 104–52,
$3,500,000 are rescinded: Provided, That of the funds made
available for advance design under this heading in Public
Law 104–52, $200,000 are rescinded: Provided further,
That the aggregate amount made available to the Fund
shall be $5,062,449,000.
1309
UNITED STATES TAX COURT
SALARIES AND EXPENSES
(RESCISSION)
Of the funds made available under this heading in
public law 104–52, $200,000 are rescinded.
CHAPTER 12
GENERAL PROVISIONS
SEC. 1201. In administering funds provided herein for
domestic assistance, the Secretary of any involved depart-
ment may waive or specify alternative requirements for any
provision of any statute or regulation that the Secretary
administers in connection with the obligation by the Sec-
retary or any use of the recipient of these funds, except for
the requirement related to civil rights, fair housing and
nondiscrimination, the environment, and labor standards,
upon finding that such waiver is required to facilitate the
obligation and use of such funds would not be inconsistent
with the overall purpose of the statute or regulation.
SEC. 1202. No part of any appropriation contained
in this title shall remain available for obligation beyond
the current fiscal year unless expressly so provided herein.
SEC. 1203. ALLOCATION OF FUNDS.
Notwithstanding any other provision of this title,
funds made available under this title for emergency or dis-
aster assistance programs of the Department of Agriculture,
1310
Department of Housing and Urban Development, Economic
Development Administration, National Park Service, Small
Business Administration, and United States Fish and
Wildlife Service shall be allocated in accordance with the
established prioritization process of the respective Depart-
ment, Administration, or Service.
DEPARTMENT OF JUSTICE
FEDERAL BUREAU OF INVESTIGATION
SALARIES AND EXPENSES
For an additional amount for emergency expenses nec-
essary to enhance the Federal Bureau of Investigation’s ef-
forts in the United States to combat Middle Eastern terror-
ism, $7,000,000, to remain available until expended: Pro-
vided, That such activities shall include efforts to enforce
Executive Order 12947 (‘‘Prohibiting Transactions with
Terrorists Who Threaten to Disrupt the Middle East Peace
Process’’) to prevent fundraising in the United States on
the behalf of organizations that support terror to undermine
the peace process: Provided further, That the entire amount
is hereby designated by Congress as an emergency require-
ment pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the entire amount shall
be available only to the extent an official budget request,
for a specific dollar amount, that includes designation of
1311
the entire amount of the request as an emergency require-
ment as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted to
Congress.
DEPARTMENT OF THE TREASURY
DEPARTMENTAL OFFICES
SALARIES AND EXPENSES
For an additional amount for emergency expenses nec-
essary to enhance the Office of Foreign Assets Control’s ef-
forts in the United States to combat Middle Eastern terror-
ism, $3,000,000, to remain available until expended: Pro-
vided, That such activities shall include efforts to enforce
Executive Order 12947 (‘‘Prohibiting Transactions with
Terrorists Who Threaten to Disrupt the Middle East Peace
Process’’) to prevent fundraising in the United States on
the behalf of organizations that support terror to undermine
the peace process: Provided further, That the entire amount
is hereby designated by Congress as an emergency require-
ment pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the entire amount, shall
be available only to the extent an official budget request,
for a specific dollar amount, that includes designation of
the entire amount of the request as an emergency require-
ment as defined in the Balanced Budget and Emergency
1312
Deficit Control Act of 1985, as amended, is transmitted to
Congress.
This title may be cited as the ‘‘Emergency Supple-
mental Appropriations Act of 1996’’.
TITLE III—MISCELLANEOUS PROVISIONS
SEC. 3001. The President may make available funds
for population planning activities or other population as-
sistance pursuant to programs under title II and title IV
of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1996, Public Law 104–107,
notwithstanding the provisions of section 518A of such Act,
if he determines and reports to the Congress that the effects
of those restrictions would be that the demand for family
planning services would be less likely to be met and that
there would be a significant increase in abortions than
would otherwise be the case in the absence of such restric-
tions.
SEC. 3002. Section 308(d) of the Interjurisdictional
Fisheries Act of 1986 (16 U.S.C. 4107(d)) is amended—
(1) in the heading, by striking ‘‘GRANTS’’ and
inserting ‘‘ASSISTANCE’’;
(2) in paragraph (1), by striking ‘‘award grants
to persons engaged in commercial fisheries, for unin-
sured losses determined by the Secretary to have been
suffered’’ and inserting ‘‘assist persons engaged in
1313
commercial fisheries by providing direct assistance to
those persons or by providing indirect assistance to
those persons through assistance to agencies of States
and political subdivisions thereof and to nonprofit or-
ganizations, for projects or other measures designed to
alleviate harm that the Secretary determines was in-
curred’’;
(3) in paragraph (3), by striking ‘‘a grant’’ and
inserting ‘‘direct assistance to a person’’;
(4) by striking ‘‘gross revenues annually,’’ in
paragraph (3) and inserting ‘‘net annual revenue
from commercial fisheries,’’;
(5) by striking paragraph (4) and inserting the
following:
‘‘(4) Assistance may not be provided under this
subsection as part of a fishing capacity reduction
program in a fishery unless the Secretary determines
that—
‘‘(A) adequate conservation and manage-
ment measures are in place in that fishery; and
‘‘(B) adequate measures are in place to pre-
vent the replacement of fishing capacity elimi-
nated by the program in that fishery.’’; and
(6) in paragraph (5), by striking ‘‘for awarding
grants’’ and all that follows through the end of the
1314
paragraph and inserting ‘‘for providing assistance
under this subsection.’’.
SEC. 3003. BONNEVILLE POWER ADMINISTRATION REFI-
NANCING.
(a) DEFINITIONS.—
For the purposes of this section—
(1) ‘‘Administrator’’ means the Adminis-
trator of the Bonneville Power Administration;
(2) ‘‘capital investment’’ means a capital-
ized cost funded by Federal appropriations
that—
(A) is for a project, facility, or sepa-
rable unit or feature of a project or facility;
(B) is a cost for which the Adminis-
trator is required by law to establish rates
to repay to the United States Treasury
through the sale of electric power, trans-
mission, or other services;
(C) excludes a Federal irrigation in-
vestment; and
(D) excludes an investment financed by
the current revenues of the Administrator or
by bonds issued and sold, or authorized to
be issued and sold, by the Administrator
under section 13 of the Federal Columbia
1315
River Transmission System Act (16 U.S.C.
838k);
(3) ‘‘new capital investment’’ means a cap-
ital investment for a project, facility, or sepa-
rable unit or feature of a project or facility,
placed in service after September 30, 1996;
(4) ‘‘old capital investment’’ means a cap-
ital investment the capitalized cost of which—
(A) was incurred, but not repaid, be-
fore October 1, 1996, and
(B) was for a project, facility, or sepa-
rable unit or feature of a project or facility,
placed in service before October 1, 1996;
(5) ‘‘repayment date’’ means the end of the
period within which the Administrator’s rates
are to assure the repayment of the principal
amount of a capital investment; and
(6) ‘‘Treasury rate’’ means—
(A) for an old capital investment, a
rate determined by the Secretary of the
Treasury, taking into consideration prevail-
ing market yields, during the month preced-
ing October 1, 1996, on outstanding inter-
est-bearing obligations of the United States
with periods to maturity comparable to the
1317
principal amount of the old payment amounts
for the old capital investment and whose denomi-
nator is the sum of the principal amounts of the
old payment amounts for all old capital invest-
ments.
(2) DETERMINATION.—With the approval of the
Secretary of the Treasury based solely on consistency
with this section, the Administrator shall determine
the new principal amounts under subsection (b) and
the assignment of interest rates to the new principal
amounts under subsection (c).
(3) OLD PAYMENT AMOUNTS.—For the purposes
of this subsection, ‘‘old payment amounts’’ means, for
an old capital investment, the annual interest and
principal that the Administrator would have paid to
the United States Treasury from October 1, 1996, if
this section had not been enacted, assuming that—
(A) the principal were repaid—
(i) on the repayment date the Adminis-
trator assigned before October 1, 1994, to
the old capital investment, or
(ii) with respect to an old capital in-
vestment for which the Administrator has
not assigned a repayment date before Octo-
ber 1, 1994, on a repayment date the Ad-
1318
ministrator shall assign to the old capital
investment in accordance with paragraph
10(d)(1) of the version of Department of
Energy Order RA 6120.2 in effect on Octo-
ber 1, 1994; and
(B) interest were paid—
(i) at the interest rate the Adminis-
trator assigned before October 1, 1994, to
the old capital investment, or
(ii) with respect to an old capital in-
vestment for which the Administrator has
not assigned an interest rate before October
1, 1994, at a rate determined by the Sec-
retary of the Treasury, taking into consider-
ation prevailing market yields, during the
month preceding the beginning of the fiscal
year in which the related project, facility,
or separable unit or feature is placed in
service, on outstanding interest-bearing obli-
gations of the United States with periods to
maturity comparable to the period between
the beginning of the fiscal year and the re-
payment date for the old capital invest-
ment.
(c) INTEREST RATE FOR NEW PRINCIPAL AMOUNTS.—
1319
As of October 1, 1996, the unpaid balance on the
new principal amount established for an old capital
investment under subsection (b) bears interest annu-
ally at the Treasury rate for the old capital invest-
ment until the earlier of the date that the new prin-
cipal amount is repaid or the repayment date for the
new principal amount.
(d) REPAYMENT DATES.—
As of October 1, 1996, the repayment date for the
new principal amount established for an old capital
investment under subsection (b) is no earlier than the
repayment date for the old capital investment as-
sumed in subsection (b)(3)(A).
(e) PREPAYMENT LIMITATIONS.—
During the period October 1, 1996, through Sep-
tember 30, 2001, the total new principal amounts of
old capital investments, as established under sub-
section (b), that the Administrator may pay before
their respective repayment dates shall not exceed
$100,000,000.
(f) INTEREST RATES FOR NEW CAPITAL INVESTMENTS
DURING CONSTRUCTION.—
(1) NEW CAPITAL INVESTMENT.—The principal
amount of a new capital investment includes interest
in each fiscal year of construction of the related
1320
project, facility, or separable unit or feature at a rate
equal to the one-year rate for the fiscal year on the
sum of—
(A) construction expenditures that were
made from the date construction commenced
through the end of the fiscal year, and
(B) accrued interest during construction.
(2) PAYMENT.—The Administrator is not re-
quired to pay, during construction of the project, fa-
cility, or separable unit or feature, the interest cal-
culated, accrued, and capitalized under subsection
(f)(1).
(3) ONE-YEAR RATE.—For the purposes of this
section, ‘‘one-year rate’’ for a fiscal year means a rate
determined by the Secretary of the Treasury, taking
into consideration prevailing market yields, during
the month preceding the beginning of the fiscal year,
on outstanding interest-bearing obligations of the
United States with periods to maturity of approxi-
mately one year.
(g) INTEREST RATES
FOR NEW CAPITAL INVEST-
MENTS.—
The unpaid balance on the principal amount of
a new capital investment bears interest at the Treas-
ury rate for the new capital investment from the date
1321
the related project, facility, or separable unit or fea-
ture is placed in service until the earlier of the date
the new capital investment is repaid or the repay-
ment date for the new capital investment.
(h) CREDITS TO ADMINISTRATOR’S REPAYMENT TO
THE UNITED STATES TREASURY.—
The Confederated Tribe of the Colville Reserva-
tion Grand Coulee Dam Settlement Act (Public Law
No. 103–436; 108 Stat. 4577) is amended by striking
section 6 and inserting the following:
‘‘SEC. 6. CREDITS TO ADMINISTRATOR’S REPAYMENT TO
THE UNITED STATES TREASURY
So long as the Administrator makes annual payments
to the tribes under the settlement agreement, the Adminis-
trator shall apply against amounts otherwise payable by
the Administrator to the United States Treasury a credit
that reduces the Administrator’s payment, in the amount
and for each fiscal year as follows: $15,860,000 in fiscal
year 1997; $16,490,000 in fiscal year 1998; $17,150,000 in
fiscal year 1999; $17,840,000 in fiscal year 2000;
$18,550,000 in fiscal year 2001; and $4,600,000 in each
succeeding fiscal year.’’.
(i) CONTRACT PROVISIONS.—
In each contract of the Administrator that pro-
vides for the Administrator to sell electric power,
1322
transmission, or related services, and that is in effect
after September 30, 1996, the Administrator shall
offer to include, or as the case may be, shall offer to
amend to include, provisions specifying that after
September 30, 1996—
(1) the Administrator shall establish rates
and charges on the basis that—
(A) the principal amount of an old
capital investment shall be no greater than
the new principal amount established under
subsection (b);
(B) the interest rate applicable to the
unpaid balance of the new principal
amount of an old capital investment shall
be no greater than the interest rate estab-
lished under subsection (c);
(C) any payment of principal of an
old capital investment shall reduce the out-
standing principal balance of the old cap-
ital investment in the amount of the pay-
ment at the time the payment is tendered;
and
(D) any payment of interest on the un-
paid balance of the new principal amount
of an old capital investment shall be a cred-
1323
it against the appropriate interest account
in the amount of the payment at the time
the payment is tendered;
(2) apart from charges necessary to repay
the new principal amount of an old capital in-
vestment as established under subsection (b) and
to pay the interest on the principal amount
under subsection (c), no amount may be charged
for return to the United States Treasury as re-
payment for or return on an old capital invest-
ment, whether by way of rate, rent, lease pay-
ment, assessment, user charge, or any other fee;
(3) amounts provided under section 1304 of
title 31, United States Code, shall be available to
pay, and shall be the sole source for payment of,
a judgment against or settlement by the Admin-
istrator or the United States on a claim for a
breach of the contract provisions required by this
Part; and
(4) the contract provisions specified in this
Part do not—
(A) preclude the Administrator from
recovering, through rates or other means,
any tax that is generally imposed on elec-
tric utilities in the United States, or
1324
(B) affect the Administrator’s author-
ity under applicable law, including section
7(g) of the Pacific Northwest Electric Power
Planning and Conservation Act (16 U.S.C.
839e(g)), to—
(i) allocate costs and benefits, in-
cluding but not limited to fish and
wildlife costs, to rates or resources, or
(ii) design rates.
(j) SAVINGS PROVISIONS.—
(1) REPAYMENT.—This subchapter does not af-
fect the obligation of the Administrator to repay the
principal associated with each capital investment,
and to pay interest on the principal, only from the
‘‘Administrator’s net proceeds,’’ as defined in section
13 of the Federal Columbia River Transmission Sys-
tem Act (16 U.S.C. 838k(b)).
(2) PAYMENT OF CAPITAL INVESTMENT.—Except
as provided in subsection (e), this section does not af-
fect the authority of the Administrator to pay all or
a portion of the principal amount associated with a
capital investment before the repayment date for the
principal amount.
SEC. 3004. Notwithstanding any other provision of
law, of the amounts made available under the Federal
1325
Transit Administration’s Discretionary Grants program
for Kauai, Hawaii in Public Law 103–122 and Public Law
103–311, $3,250,000 shall be transferred to and adminis-
tered in accordance with 49 U.S.C. 5307 and made avail-
able for operating expenses to Kauai, Hawaii.
SEC. 3005. The Secretary shall advance emergency re-
lief funds to the State of Missouri for the replacement in
kind of the Hannibal Bridge on the Mississippi River dam-
aged by the 1993 floods notwithstanding the provisions of
section 125 of title 23, United States Code: Provided, That
this provision shall be subject to the Federal Share provi-
sions of section 120, title 123, United States Code.
SEC. 3006. (a) SURFACE TRANSPORTATION PRO-
GRAM.—Notwithstanding section 133 of title 23, United
States Code, for fiscal year 1996 and each subsequent fiscal
year, the State of Vermont may obligate funds apportioned
to the State for the surface transportation program estab-
lished under section 133 of the title for—
(1) construction, reconstruction, rehabilitation,
resurfacing, restoration, and operational improve-
ments for railroads, including any such construction
or reconstruction necessary to accommodate other
transportation modes;
(2) all eligible activities under section 5311 of
title 49, United States Code, and publicly owned rail
1326
passenger terminals and facilities, including termi-
nals and facilities owned by the National Railroad
Passenger Corporation;
(3) capital costs for passenger rail services; and
(4) beginning in fiscal year 1997, operating costs
for passenger rail services.
(b) CONGESTION MITIGATION AND AIR QUALITY IM-
PROVEMENT PROGRAM.—Notwithstanding section 149 of
title 23, United States Code, for fiscal year 1996 and each
subsequent fiscal year, the State of Vermont may obligate
funds apportioned to the State for the congestion mitigation
and air quality improvement program established under the
section for a transportation project or program that—
(1) is for an area in the State described in the
matter preceding paragraph (1) of section 149(b) of
the title; and
(2) will have air quality benefits through con-
struction of, and operational improvements for, inter-
city passenger rail facilities, operation of intercity
passenger rail trains, and acquisition of rolling stock
for intercity passenger rail service, except that not
more than 50 percent of the amount received by the
State for a fiscal year under this subsection may be
obligated for operating support.
1327
SEC. 3007. Any funds heretofore appropriated and
made available in Public Law 102–104 and Public Law
102–377 to carry out the provisions for the project for navi-
gation, St. Louis Harbor, Missouri and Illinois; may be
utilized by the Secretary of the Army in carrying out the
Upper Mississippi and Illinois Waterway System Naviga-
tion Study, Iowa, Illinois, Missouri, Wisconsin, Minnesota,
in fiscal year 1996 or until expended.
SEC. 3008. The Secretary of Health and Human Serv-
ices shall grant a waiver of the requirements set forth in
section 1903(m)(2)(A)(ii) of the Social Security Act to D.C.
Chartered Health Plan, Inc. of the District of Columbia:
Provided, That such waiver shall be deemed to have been
in place for all contract periods from October 1, 1991
through the current contract period or October 1, 1999,
whichever shall be later.
SEC. 3009. Of the funds appropriated by Public Law
104–37 or otherwise made available to the Food Safety and
Inspection Service for fiscal year 1996, not less than
$363,000,000 shall be available for salaries and benefits of
in-plant personnel: Provided, That this limitation shall not
apply if the Secretary of Agriculture certifies to the House
and Senate Committees on Appropriations that a lesser
amount will be adequate to fully meet in-plant inspection
requirements for the fiscal year.
1328
SEC. 3010. The appropriation for the Arms Control
and Disarmament Agency in Public Law 103–317 (108
Stat. 1768) is amended by deleting after ‘‘until expended’’
the following: ‘‘only for activities related to the implementa-
tion of the Chemical Weapons Convention’’: Provided, That
amounts made available shall not be used to undertake new
programs or to increase employment above levels on board
at the time of enactment of this Act.
SEC. 3011. Section 347(b)(3) of the Department of
Transportation and Related Agencies Appropriations Act,
1996 (P.L. 104–50), is amended to read as follows:
‘‘(3) chapter 71, relating to labor-management
relations,’’.
SEC. 3012. Within its Mission to Planet Earth pro-
gram, NASA is urged to fund Phase A studies for a radar
satellite initiative.
SEC. 3013. ESTABLISHMENT OF PROHIBITION AGAINST
ABORTION-RELATED 
DISCRIMINATION 
IN
TRAINING AND LICENSING OF PHYSICIANS.
Part B of title II of the Public Health Service Act (42
U.S.C. 238 et seq.) is amended by adding at the end the
following section:
1329
‘‘ABORTION-RELATED DISCRIMINATION IN GOVERNMENTAL
ACTIVITIES REGARDING TRAINING AND LICENSING OF
PHYSICIANS
‘‘SEC. 245. (a) IN GENERAL.—The Federal Govern-
ment, and any State or local government that receives Fed-
eral financial assistance, may not subject any health care
entity to discrimination on the basis that—
‘‘(1) the entity refuses to undergo training in the
performance of induced abortions, to require or pro-
vide such training, to perform such abortions, or to
provide referrals for such training or such abortions;
‘‘(2) the entity refuses to make arrangements for
any of the activities specified in paragraph (1); or
‘‘(3) the entity attends (or attended) a post-
graduate physician training program, or any other
program of training in the health professions, that
does not (or did not) perform induced abortions or re-
quire, provide or refer for training in the performance
of induced abortions, or make arrangements for the
provision of such training.
‘‘(b) ACCREDITATION OF POSTGRADUATE PHYSICIAN
TRAINING PROGRAMS.—
‘‘(1) IN GENERAL.—In determining whether to
grant a legal status to a health care entity (including
a license or certificate), or to provide such entity with
1330
financial assistance, services or other benefits, the
Federal Government, or any State or local govern-
ment that receives Federal financial assistance, shall
deem accredited any postgraduate physician training
program that would be accredited but for the accredit-
ing agency’s reliance upon an accreditation standards
that requires an entity to perform an induced abor-
tion or require, provide, or refer for training in the
performance of induced abortions, or make arrange-
ments for such training, regardless of whether such
standard provides exceptions or exemptions. The gov-
ernment involved shall formulate such regulations or
other mechanisms, or enter into such agreements with
accrediting agencies, as are necessary to comply with
this subsection.
‘‘(2) RULES OF CONSTRUCTION.—
‘‘(A) 
IN
GENERAL.—With 
respect 
to
subclauses (I) and (II) of section 705(a)(2)(B)(i)
(relating to a program of insured loans for
training in the health professions), the require-
ments in such subclauses regarding accredited
internship or residency programs are subject to
paragraph (1) of this subsection.
‘‘(B) 
EXCEPTIONS.—This 
section 
shall
not—
1331
‘‘(i) prevent any health care entity
from voluntarily electing to be trained, to
train, or to arrange for training in the per-
formance of, to perform, or to make referrals
for induced abortions; or
‘‘(ii) prevent an accrediting agency or
a Federal, State or local government from
establishing standards of medical com-
petency applicable only to those individuals
who have voluntarily elected to perform
abortions.
‘‘(c) DEFINITIONS.—For purposes of this section:
‘‘(1) The term ‘financial assistance’, with respect
to a government program, includes governmental pay-
ments provided as reimbursement for carrying out
health-related activities.
‘‘(2) The term ‘health care entity’ includes an in-
dividual physician, a postgraduate physician train-
ing program, and a participant in a program of
training in the health professions.
‘‘(3) The term ‘postgraduate physician training
program’ includes a residency training program.’’.
SEC. 3014. (a) The Senate finds that:
(1) Record low temperatures across the country
this winter, coupled with record snowfalls in many
1332
areas, have generated substantial and sustained de-
mand among eligible low-income Americans for home
heating assistance, and put many who face heating-
related crises at risk.
(2) Home heating assistance for working and
low-income families with children, the elderly on fixed
incomes, the disabled, and others who need such help
is a critical part of the social safety net in cold-
weather areas.
(3) The President has released approximately
$900,000,000 in regular Low Income Home Energy
Assistance Program (LIHEAP) funding for this year,
compared to a funding level of $1,319,000,000 last
year, and a large LIHEAP funding shortfall remains
which has adversely affected eligible recipients in
many cold-weather States.
(4) LIHEAP is a highly targeted, cost-effective
way to help approximately 6 million low-income
Americans to pay their energy bills. More than two-
thirds of LIHEAP-eligible households have annual in-
comes of less than $8,000; more than one-half have
annual incomes below $6,000.
(5) LIHEAP program funding has been substan-
tially reduced in recent years, and cannot sustain
any further spending cuts if the program is to remain
1333
a viable means of meeting the home heating and other
energy-related needs of low-income people in cold-
weather States.
(6) Traditionally, LIHEAP has received advance
appropriations for the next fiscal year. This allows
States to properly plan for the upcoming winter and
best serve the energy needs of low-income families.
(7) Congress was not able to pass an appropria-
tions bill for the Departments of Labor, Health and
Human Services, and Education by the beginning of
this fiscal year and it was only because LIHEAP re-
ceived advance appropriations last fiscal year that
the President was able to release the $578,000,000 he
did in December—the bulk of the funds made avail-
able to the States this winter.
(8) There is currently available to the President
up to $300,000,000 in emergency LIHEAP funding,
which could be made available immediately, on a tar-
geted basis, to meet the urgent home heating needs of
eligible persons who otherwise could be faced with
heating-related emergencies, including shut-offs, in the
coming weeks.
(b) Therefore, it is the sense of the Senate that—
(1) the President should release immediately a
substantial portion of available emergency funding
1334
for the Low Income Home Energy Assistance Pro-
gram for fiscal year 1996, to help meet continuing ur-
gent needs for home heating assistance during this
unusually cold winter; and
(2) not less than the $1,000,000,000 in regular
advance-appropriated LIHEAP funding for next win-
ter provided for in this bill should be retained in a
House-Senate conference on this measure.
SEC. 3015. LAND EXCHANGE
(a) SHORT TITLE.—This section may be cited as the
‘‘Greens Creek Land Exchange Act of 1996’’.
(b) FINDINGS.—The Congress makes the following
findings:
(1) The Alaska National Interest Lands Con-
servation Act established the Admiralty Island Na-
tional Monument and sections 503 and 504 of that
Act provided special provisions under which the
Greens Creek Claims would be developed. The provi-
sions supplemented the general mining laws under
which these claims were staked.
(2) The Kennecott Greens Creek Mining Com-
pany, Inc., currently holds title to the Greens Creek
Claims, and the area surrounding these claims has
further mineral potential which is yet unexplored.
1335
(3) Negotiations between the United States For-
est Service and the Kennecott Greens Creek Mining
Company, Inc., have resulted in an agreement by
which the area surrounding the Greens Creek Claims
could be explored and developed under terms and con-
ditions consistent with the protection of the values of
the Admiralty Island National Monument.
(4) The full effectuation of the Agreement, by its
terms, requires the approval and ratification by Con-
gress.
(c) DEFINITIONS.—As used in this section—
(1) the term ‘‘Agreement’’ means the document
entitled the ‘‘Greens Creek Land Exchange Agree-
ment’’ executed on December 14, 1994, by the Under
Secretary of Agriculture for Natural Resources and
Environment on behalf of the United States and the
Kennecott Greens Creek Mining Company and
Kennecott Corporation;
(2) the term ‘‘ANILCA’’ means the Alaska Na-
tional Interest Lands Conservation Act, Public Law
96–487 (94 Stat. 2371);
(3) the term ‘‘conservation system unit’’ has the
same meaning as defined in section 102(4) of
ANILCA;
1336
(4) the term ‘‘Greens Creek Claims’’ means those
patented mining claims of Kennecott Greens Creek
Mining Company within the Monument recognized
pursuant to section 504 of ANILCA;
(5) the term ‘‘KGCMC’’ means the Kennecott
Greens Creek Mining Company, Inc., a Delaware cor-
poration;
(6) the term ‘‘Monument’’ means the Admiralty
Island National Monument in the State of Alaska es-
tablished by section 503 of ANILCA;
(7) the term ‘‘Royalty’’ means Net Island Re-
ceipts Royalty as that latter term is defined in Ex-
hibit C to the Agreement; and
(8) the term ‘‘Secretary’’ means the Secretary of
Agriculture.
(d) RATIFICATION OF THE AGREEMENT.—The Agree-
ment is hereby ratified and confirmed as to the duties and
obligations of the United States and its agencies, and
KGCMC and Kennecott Corporation, as a matter of Federal
law. The agreement may be modified or amended, without
further action by the Congress, upon written agreement of
all parties thereto and with notification in writing being
made to the appropriate committees of the Congress.
(e) IMPLEMENTATION OF THE AGREEMENT.—
1337
(1) LAND ACQUISITION.—Without diminishment
of any other land acquisition authority of the Sec-
retary in Alaska and in furtherance of the purposes
of the Agreement, the Secretary is authorized to ac-
quire lands and interests in land within conservation
system units in the Tongass National Forest, and any
land or interest in land so acquired shall be adminis-
tered by the Secretary as part of the National Forest
System and any conservation system unit in which it
is located. Priority shall be given to acquisition of
non-Federal lands within the Monument.
(2) ACQUISITION FUNDING.—There is hereby es-
tablished in the Treasury of the United States an ac-
count entitled the ‘Greens Creek Land Exchange Ac-
count’ into which shall be deposited the first
$5,000,000 in royalties received by the United States
under part 6 of the Agreement after the distribution
of the amounts pursuant to paragraph (3) of this sub-
section. Such moneys in the special account in the
Treasury may, to the extent provided in appropria-
tions Acts, be used for land acquisition pursuant to
paragraph (1) of this subsection.
(3) TWENTY-FIVE PERCENT FUND.—All royalties
paid to the United States under the Agreement shall
be subject to the 25 percent distribution provisions of
1338
the Act of May 23, 1908, as amended (16 U.S.C. 500)
relating to payments for roads and schools.
(4) MINERAL
DEVELOPMENT.—Notwithstanding
any provision of ANILCA to the contrary, the lands
and interests in lands being conveyed to KGCMC
pursuant to the Agreement shall be available for min-
ing and related activities subject to and in accordance
with the terms of the Agreement and conveyances
made thereunder.
(5) ADMNISTRATION.—The Secretary of Agri-
culture is authorized to implement and administer
the rights and obligations of the Federal Government
under the Agreement, including monitoring the Gov-
ernment’s interests relating to extralateral rights, col-
lecting royalties, and conducting audits. The Sec-
retary may enter into cooperative arrangements with
other Federal agencies for the performance of any
Federal rights or obligations under the Agreement or
this Act.
(6) REVERSIONS.—Before reversion to the United
States of KGCMC properties located on Admiralty Is-
land, KGCMC shall reclaim the surface disturbed in
accordance with an approved plan of operations and
applicable laws and regulations. Upon reversion to
the United States of KGCMC properties located on
1339
Admiralty, those properties located within the Monu-
ment shall become part of the Monument and those
properties lying outside the Monument shall be man-
aged as part of the Tongass National Forest.
(7) SAVINGS
PROVISIONS.—Implementation of
the Agreement in accordance with this section shall
not be deemed a major Federal action significantly
affecting the quality of the human environment, nor
shall implementation require further consideration
pursuant to the National Historic Preservation Act,
title VIII of ANILCA, or any other law.
(f) RECISION RIGHTS.—Within 60 days of the enact-
ment of this section, KGCMC and Kennecott Corporation
shall have a right to rescind all rights under the Agreement
and this section. Recision shall be effected by a duly author-
ized resolution of the Board of Directors of either KGCMC
or Kennecott Corporation and delivered to the Chief of the
Forest Service at the Chief’s principal office in Washington.
District of Columbia. In the event of a recision, the status
quo ante provisions of the Agreement shall apply.
SEC. 3016. SEAFOOD SAFETY.
Notwithstanding any other provision of law, any do-
mestic fish or fish product produced in compliance with
food safety standards or procedures accepted by the Food
and Drug Administration as satisfying the requirements of
1340
the ‘‘Procedures for the Safe and Sanitary Processing and
Importing of Fish and Fish Products’’ (published by the
Food and Drug Administration as a final regulation in the
Federal Register of December 18, 1995), shall be deemed to
have met any inspection requirements of the Department
of Agriculture or other Federal agency for any Federal com-
modity purchase program, including the program author-
ized under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c) except that the Department of Agriculture or
other Federal agency may utilize lot inspection to establish
a reasonable degree of certainty that fish or fish products
purchased under a Federal commodity purchase program,
including the program authorized under section 32 of the
Act of August 24, 1935 (7 U.S.C. 612c), meet Federal prod-
uct specifications.
SEC. 3017. CONTINUED OPERATION OF AN EXISTING HY-
DROELECTRIC FACILITY IN MONTANA.
(a) Notwithstanding section 10(e)(1) of the Federal
Power Act (16 U.S.C. 803(e)(1)) or any other law requiring
payment to the United States of an annual or other charge
for the use, occupancy, and enjoyment of land by the holder
of a license issued by the Federal Energy Regulatory Com-
mission under part I of the Federal Power Act (16 U.S.C.
792 et seq.) for project numbered 1473: Provided, That the
current licensee receives no payment or consideration for
1341
the transfer of the license a political subdivision of the State
of Montana that accepts the license—
(1) shall not be required to pay such charges
during the 5-year period following the date of accept-
ance; and
(2) after that 5-year period, and for so long as
the political subdivision holds the license, shall not be
required to pay such charges that exceed 100
percentum of the net revenues derived from the sale of
electric power from the project.
(b) The provisions of subsection (a) shall not be effec-
tive if—
(1) a competing license application is filed with-
in 90 days of the date of enactment of this Act; or
(2) the Federal Energy Regulatory Commission
issues an order within 90 days of the date of enact-
ment of this Act which makes a determination that in
the absence of the reduction in charges provided by
subsection (a) the license transfer will occur.
SEC. 3018. SENSE OF THE SENATE REGARDING THE
BUDGET TREATMENT
OF FEDERAL DISASTER ASSIST-
ANCE.—It is the sense of the Senate that the conference on
S. 1594, making omnibus consolidated rescissions and ap-
propriations for the fiscal year ending September 30, 1996,
and for other purposes, shall find sufficient funding reduc-
1342
tions to offset the costs of providing any Federal disaster
assistance.
SEC. 3019. SENSE OF THE SENATE REGARDING THE
BUDGET TREATMENT
OF FEDERAL DISASTER ASSIST-
ANCE.—It is the sense of the Senate that Congress and the
relevant committees of the Senate shall examine the manner
in which Federal disaster assistance is provided and de-
velop a long-term funding plan for the budgetary treatment
of any Federal assistance, providing for such funds out of
existing budget allocation rather than taking the expendi-
tures off budget and adding to the Federal deficit.
SEC. 3020. None of the funds made available by this
Act or any previous Act shall be expended if such expendi-
ture would cause total fiscal year 1996 non-defense discre-
tionary expenditures for:
(1) Agriculture, rural development and related
programs or activities contained in this or prior year
Acts to exceed $13,581,000,000;
(2) Commerce, Justice, State, the Judiciary and
related programs or activities contained in this or
prior year Acts to exceed $23,762,000,000;
(3) Energy and water development programs or
activities contained in this or prior year Acts to ex-
ceed $9,272,000,000;
1343
(4) Foreign operations programs or activities
contained in this or prior year Acts to exceed
$13,867,000,000;
(5) Interior and related programs or activities
contained in this or prior year Acts to exceed
$13,215,000,000;
(6) Labor, Health and Human Services, Edu-
cation and related programs or activities contained
in this or prior year Acts to exceed $68,565,000,000;
(7) Transportation and related programs or ac-
tivities contained in this or prior year Acts to exceed
$36,756,000,000; and
(8) Veterans Affairs, Housing and independent
agencies’ programs or activities contained in this or
prior year Acts to exceed $74,270,000,000: Provided,
That the President shall report to the Committees on
Appropriations within 30 days of the enactment into
law of this Act on the implementation of this section:
Provided further, That no more than 50 percent of the
funds appropriated or otherwise made available for
obligation for non-defense programs and activities in
TITLE II—EMERGENCY APPROPRIATIONS—of
this Act and containing an emergency designation
shall be expended until the report mentioned in the
1344
preceding proviso is transmitted to the Committees on
Appropriations.
SEC. 3021. WALLA WALLA MEDICAL CENTER.
(a) Designation.—The Walla Walla Veterans Medical
Center located at 77 Wainwright Drive, Walla Walla,
Washington, shall be known and designated as the ‘‘Jona-
than M. Wainwright Memorial VA Medical Center’’.
(b) References.—Any reference in a law, map, regula-
tion, document, paper, or other record of the United States
to the Walla Walla Veterans Medical Center referred to in
subsection (a) shall be deemed to be a reference to the ‘‘Jona-
than M. Wainwright Memorial VA Medical Center’’.
SEC. 3022. PLAN FOR ALLOCATION OF HEALTH CARE RE-
SOURCES BY DEPARTMENT OF VETERANS AF-
FAIRS.
(a) PLAN.—(1) The Secretary of Veterans Affairs shall
develop a plan for the allocation of health care resources
(including personnel and funds) of the Department of Veter-
ans Affairs among the health care facilities of the Depart-
ment so as to ensure that veterans having similar economic
status, eligibility priority and, or, similar medical condi-
tions who are eligible for medical care in such facilities have
similar access to such care in such facilities regardless of
the region of the United States in which such veterans re-
side.
1345
(2) The Plan shall reflect, to the maximum extent pos-
sible, the Veterans Integrated Service Network, as well as
the Resource Planning and Management System developed
by the Department of Veterans Affairs to account for fore-
casts in expected workload and to ensure fairness to facili-
ties that provide cost-efficient health care, and shall include
procedures to identify reasons for variations in operating
costs among similar facilities and ways to improve the allo-
cation of resources so as to promote efficient use of resources
and provision of quality health care.
(3) The Secretary shall prepare the plan in consulta-
tion with the Under Secretary of Health of the Department
of Veterans Affairs.
(b) PLAN ELEMENTS.—The plan under subsection (a)
shall set forth—
(1) milestones for achieving the goal referred to
in that subsection; and
(2) a means of evaluating the success of the Sec-
retary in meeting the goals through the plan.
(c) SUBMITTAL TO CONGRESS.—The Secretary shall
submit to Congress the plan developed under subsection (a)
not later than 180 days after the date of the enactment of
this Act.
(d) PLAN IMPLEMENTATION.—The Secretary shall im-
plement the plan developed under subsection (a) within 60
1346
days of submitting such plan to Congress under subsection
(b), unless within such period the Secretary notifies the ap-
propriate Committees of Congress that such plan will not
be implemented along with an explanation of why such
plan will not be implemented.
SEC. 3023. COMPOSITION OF NATIONAL COMMISSION ON
RESTRUCTURING THE INTERNAL REVENUE
SERVICE.
(a) IN GENERAL.—Section 637(b)(2) of the Treasury,
Postal Service, and General Government Appropriations
Act, 1996 (Public Law 104–52, 109 Stat. 509) is amend-
ed—
(1) by striking ‘‘thirteen’’ and inserting ‘‘seven-
teen’’, and
(2) in subparagraphs (B) and (D)—
(A) by striking ‘‘Two’’ and inserting
‘‘Four’’, and
(B) by striking ‘‘one from private life’’ and
inserting ‘‘three from private life’’.
(b) EFFECTIVE DATE.—The amendments made by this
section shall take effect as if included in the provisions of
the Treasury, Postal Service, and General Government Ap-
propriations Act, 1996.
1347
TITLE IV—CONTINGENCY
APPROPRIATIONS
CHAPTER 1
DEPARTMENTS OF COMMERCE, JUSTICE, AND
STATE, 
THE 
JUDICIARY, 
AND 
RELATED
AGENCIES
DEPARTMENT OF COMMERCE
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
INDUSTRIAL TECHNOLOGY SERVICES
In addition to funds provided elsewhere in this Act,
for necessary expenses of the Advanced Technology Program
of the National Institute of Standards and Technology,
$235,000,000, to remain available until expended: Pro-
vided, That none of the funds made available under this
heading in this or any other Act may be used for the pur-
poses of carrying out additional program competitions
under the Advanced Technology Program: Provided further,
That any unobligated balances from carryover of current
and prior year appropriations under the Advanced Tech-
nology Program may be used only for the purposes of pro-
viding continuation grants.
1348
TECHNOLOGY ADMINISTRATION
UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF
TECHNOLOGY POLICY
SALARIES AND EXPENSES
In addition to funds provided elsewhere in this Act,
$2,000,000, to remain available until October 30, 1997, for
grants to be awarded by the United States-Israel Science
and Technology Commission.
DEPARTMENT OF STATE
ADMINISTRATION OF FOREIGN AFFAIRS
SECURITY AND MAINTENANCE OF UNITED STATES MISSIONS
In addition to funds provided elsewhere in this Act for
Security and Maintenance of United States Missions and
under the same terms and conditions as are applicable to
those funds under this Act, $8,500,000, to remain available
until expended.
INTERNATIONAL ORGANIZATIONS AND CONFERENCES
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
In addition to funds provided elsewhere in this Act for
Contributions to International Organizations and under
the same terms and conditions as are applicable to those
funds under this Act, $223,000,000.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING
ACTIVITIES
In addition to funds provided elsewhere in this Act for
Contributions for International Peacekeeping Activities and
1349
under the same terms and conditions as are applicable to
those funds under this Act, $215,000,000.
RELATED AGENCY
LEGAL SERVICES CORPORATION
PAYMENT TO THE LEGAL SERVICES CORPORATION
In addition to funds provided elsewhere in this Act,
for payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974,
as amended, $9,000,000 for basic field programs.
CHAPTER 2
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
PAYMENTS IN LIEU OF TAXES
In addition to funds provided elsewhere in this Act,
$12,500,000.
NATIONAL PARK SERVICE
OPERATIONS OF THE NATIONAL PARK SYSTEM
In addition to funds provided elsewhere in this Act,
$35,000,000.
BUREAU OF INDIAN AFFAIRS
OPERATION OF INDIAN PROGRAMS
In addition to funds provided elsewhere in this Act,
$35,000,000, to remain available until expended.
1350
DEPARTMENT OF ENERGY
ENERGY CONSERVATION
In addition to funds provided elsewhere in this Act,
$35,000,000, to remain available until expended.
CHAPTER 3
DEPARTMENTS OF LABOR, HEALTH AND HUMAN
SERVICES, AND EDUCATION, AND RELATED
AGENCIES
SUBCHAPTER A—AMOUNTS
In addition to the amounts provided in Title I of this
Act for the Department of Labor:
Under the heading ‘‘Training and Employment Serv-
ices’’, $1,213,300,000, of which $487,300,000 is available
for obligation for the period July 1, 1996 through June 30,
1997, and of which $91,000,000 is available from July 1,
1996, through September 30, 1997, for carrying out activi-
ties of the School-to-Work Opportunities Act, and of which
$635,000,000 is for carrying out title II, part B of the Job
Training Partnership Act;
Under the heading ‘‘State Unemployment Insurance
and Employment Service Operations’’, $18,000,000, which
shall be available for obligation for the period July 1, 1996
through June 30, 1997;
In addition to the amounts provided for in Title I of
this Act for the Department of Health and Human Services:
1351
Under the heading ‘‘Children and Families Services
Programs’’, $136,700,000.
In addition to the amounts provided for in Title I of
this Act for the Department of Education:
Under 
the 
heading 
‘‘Education 
Reform’’,
$151,000,000, which shall become available on October 1,
1996 and shall remain available through September 30,
1997: Provided, That $60,000,000 shall be for the Goals
2000: Educate Act and $91,000,000 shall be for the School-
to-Work Opportunities Act.
Under the heading ‘‘Education for the Disadvan-
taged’’, $814,489,000, which shall become available for obli-
gation on October 1, 1996 and shall remain available
through September 30, 1997: Provided, That $700,228,000
shall be available for basic grants and $114,261,000 shall
be for concentration grants.
Under the heading ‘‘School Improvement Programs’’,
$208,000,000, which shall become available for obligation
on October 1, 1996 and shall remain available through Sep-
tember 30, 1997.
Under the heading ‘‘Vocational and Adult Education’’,
$82,750,000, which shall become available for obligation on
October 1, 1996 and shall remain available through Sep-
tember 30, 1997.
1352
Under the heading ‘‘Student Financial Assistance’’,
the maximum Pell Grant for which a student shall be eligi-
ble during award year 1996–1997 shall be increased by
$60.00: Provided, That funding for title IV, part E shall
be increased by $58,000,000 and funding for title IV, part
A, subpart 4 shall be increased by $32,000,000.
Under the heading ‘‘Education Research, Statistics,
and Improvement’’, $10,000,000 which shall become avail-
able for obligation on October 1, 1996 and shall remain
available through September 30, 1997, shall be for sections
3136 and 3141 of the Elementary and Secondary Edu-
cation Act.
SUBCHAPTER B—ADDITIONAL AMOUNTS
In addition to the amounts provided in Title I of this
Act for the Department of Labor:
Under the heading ‘‘Departmental Management, Sala-
ries and Expenses’’, $12,000,000, of which $10,000,000
shall be only for terminal leave, severance pay, and other
costs directly related to the reduction of the number of em-
ployees in the Department.
In addition to the amounts provided for in Title I of
this Act for the Department of Health and Human Services:
Under the heading ‘‘Health Resources and Services’’,
$55,256,000: Provided, That $52,000,000 of such funds shall
be used only for State AIDS Drug Assistance Programs au-
1353
thorized by section 2616 of the Public Health Service Act
and shall be distributed to States as authorized by section
2618(b)(2) of such Act; and
Under the heading ‘‘Substance Abuse and Mental
Health Services’’, $134,107,000.
SUBCHAPTER C—GENERAL PROVISIONS
Notwithstanding any other provision of this Act, sec-
tion 4002 shall not apply to part 1 of chapter 3 of title
IV.
ADMINISTRATION FOR CHILDREN AND FAMILIES
JOB OPPORTUNITIES AND BASIC SKILLS
(RESCISSION)
Of the funds made available under this heading else-
where in this Act, there is rescinded an amount equal to
the total of the funds within each State’s limitation for fis-
cal year 1996 that are not necessary to pay such State’s
allowable claims for such fiscal year.
Section 403(k)(3)(F) of the Social Security Act (as
amended by Public Law 100–485) is amended by adding:
‘‘reduced by an amount equal to the total of those funds
that are within each State’s limitation for fiscal year 1996
that are not necessary to pay such State’s allowable claims
for such fiscal year (except that such amount for such year
shall be deemed to be $1,000,000,000 for the purpose of de-
termining the amount of the payment under subsection (1)
to which each State is entitled),’’.
1354
FEDERAL AVIATION ADMINISTRATION
GRANTS-IN-AID FOR AIRPORTS
(AIRPORT AND AIRWAY TRUST FUND)
(RESCISSION OF CONTRACT AUTHORIZATION)
Of the available contract authority balances under this
account, $616,000,000 are rescinded.
SUBCHAPTER D—UNITED STATES ENRICHMENT
CORPORATION PRIVATIZATION
SEC. 401. SHORT TITLE.
This subchapter may be cited as the ‘‘USEC Privatiza-
tion Act’’.
SEC. 402. DEFINITIONS.
For purposes of this subchapter:
(1) The term ‘‘AVLIS’’ means atomic vapor laser
isotope separation technology.
(2) The term ‘‘Corporation’’ means the United
States Enrichment Corporation and, unless the con-
text otherwise requires, includes the private corpora-
tion and any successor thereto following privatiza-
tion.
(3) The term ‘‘gaseous diffusion plants’’ means
the Paducah Gaseous Diffusion Plant at Paducah,
Kentucky and the Portsmouth Gaseous Diffusion
Plant at Piketon, Ohio.
1355
(4) The term ‘‘highly enriched uranium’’ means
uranium enriched to 20 percent or more of the ura-
nium-235 isotope.
(5) The term ‘‘low-enriched uranium’’ means
uranium enriched to less than 20 percent of the ura-
nium-235 isotope, including that which is derived
from highly enriched uranium.
(6) The term ‘‘low-level radioactive waste’’ has
the meaning given such term in section 2(9) of the
Low-Level Radioactive Waste Policy Act (42 U.S.C.
2021b(9)).
(7) The term ‘‘private corporation’’ means the
corporation established under section 405.
(8) The term ‘‘privatization’’ means the transfer
of ownership of the Corporation to private investors.
(9) The term ‘‘privatization date’’ means the
date on which 100 percent of the ownership of the
Corporation has been transferred to private investors.
(10) The term ‘‘public offering’’ means an under-
written offering to the public of the common stock of
the private corporation pursuant to section 404.
(11) The ‘‘Russian HEU Agreement’’ means the
Agreement Between the Government of the United
States of America and the Government of the Russian
Federation Concerning the Disposition of Highly En-
1356
riched Uranium Extracted from Nuclear Weapons,
dated February 18, 1993.
(12) The term ‘‘Secretary’’ means the Secretary
of Energy.
(13) The ‘‘Suspension Agreement’’ means the
Agreement to Suspend the Antidumping Investigation
on Uranium from the Russian Federation, as amend-
ed.
(14) The term ‘‘uranium enrichment’’ means the
separation of uranium of a given isotopic content
into 2 components, 1 having a higher percentage of a
fissile isotope and 1 having a lower percentage.
SEC. 403. SALE OF THE CORPORATION.
(a) AUTHORIZATION.—The Board of Directors of the
Corporation, with the approval of the Secretary of the
Treasury, shall transfer the interest of the United States
in the United States Enrichment Corporation to the private
sector in a manner that provides for the long-term viability
of the Corporation, provides for the continuation by the
Corporation of the operation of the Department of Energy’s
gaseous diffusion plants, provides for the protection of the
public interest in maintaining a reliable and economical
domestic source of uranium mining, enrichment and con-
version services, and, to the extent not inconsistent with
1357
such purposes, secures the maximum proceeds to the United
States.
(b) PROCEEDS.—Proceeds from the sale of the United
States’ interest in the Corporation shall be deposited in the
general fund of the Treasury.
SEC. 404. METHOD OF SALE.
(a) AUTHORIZATION.—The Board of Directors of the
Corporation, with the approval of the Secretary of the
Treasury, shall transfer ownership of the assets and obliga-
tions of the Corporation to the private corporation estab-
lished under section 405 (which may be consummated
through a merger or consolidation effected in accordance
with, and having the effects provided under, the law of the
State of incorporation of the private corporation, as if the
Corporation were incorporated thereunder).
(b) BOARD DETERMINATION.—The Board, with the
approval of the Secretary of the Treasury, shall select the
method of transfer and establish terms and conditions for
the transfer that will provide the maximum proceeds to the
Treasury of the United States and will provide for the long-
term viability of the private corporation, the continued op-
eration of the gaseous diffusion plants, and the public inter-
est in maintaining reliable and economical domestic ura-
nium mining and enrichment industries.
1358
(c) ADEQUATE PROCEEDS.—The Secretary of the
Treasury shall not allow the privatization of the Corpora-
tion unless before the sale date the Secretary of the Treasury
determines that the method of transfer will provide the max-
imum proceeds to the Treasury consistent with the prin-
ciples set forth in section 403(a).
(d) APPLICATION OF SECURITIES LAWS.—Any offering
or sale of securities by the private corporation shall be sub-
ject to the Securities Act of 1933 (15 U.S.C. 77a et seq.),
the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.),
and the provisions of the Constitution and laws of any
State, territory, or possession of the United States relating
to transactions in securities.
(e) EXPENSES.—Expenses of privatization shall be
paid from Corporation revenue accounts in the United
States Treasury.
SEC. 405. ESTABLISHMENT OF PRIVATE CORPORATION.
(a) INCORPORATION.—(1) The directors of the Cor-
poration shall establish a private for-profit corporation
under the laws of a State for the purpose of receiving the
assets and obligations of the Corporation at privatization
and continuing the business operations of the Corporation
following privatization.
(2) The directors of the Corporation may serve as
incorporators of the private corporation and shall take all
1359
steps necessary to establish the private corporation, includ-
ing the filing of articles of incorporation consistent with
the provisions of this subchapter.
(3) Employees and officers of the Corporation (includ-
ing members of the Board of Directors) acting in accordance
with this section on behalf of the private corporation shall
be deemed to be acting in their official capacities as employ-
ees or officers of the Corporation for purposes of section 205
of title 18, United States Code.
(b) STATUS OF THE PRIVATE CORPORATION.—(1) The
private corporation shall not be an agency, instrumentality,
or establishment of the United States, a Government cor-
poration, or a Government-controlled corporation.
(2) Except as otherwise provided by this subchapter,
financial obligations of the private corporation shall not be
obligations of, or guaranteed as to principal or interest by,
the Corporation or the United States, and the obligations
shall so plainly state.
(3) No action under section 1491 of title 28, United
States Code, shall be allowable against the United States
based on actions of the private corporation.
(c) APPLICATION OF POST-GOVERNMENT EMPLOYMENT
RESTRICTIONS.—Beginning on the privatization date, the
restrictions stated in section 207 (a), (b), (c), and (d) of
title 18, United States Code, shall not apply to the acts
1380
(5) Except as provided in paragraphs (6) and (7), ura-
nium hexafluoride delivered to the Russian Executive Agent
under paragraph (3) or auctioned pursuant to paragraph
(4), may not be delivered for consumption by end users in
the United States either directly or indirectly prior to Jan-
uary 1, 1998, and thereafter only in accordance with the
following schedule:
Annual Maximum Deliveries to End Users
(millions lbs. U3O8
Year:
equivalent)
1998 .........................................................................................
1999 .........................................................................................
2000 .........................................................................................
2001 .........................................................................................
2002 .........................................................................................
2003 .........................................................................................
2004 .........................................................................................
2005 .........................................................................................
2006 .........................................................................................
2007 .........................................................................................
2008 .........................................................................................
2009 and each year thereafter ...............................................
20.
(6) Uranium hexafluoride delivered to the Russian Ex-
ecutive Agent under paragraph (3) or auctioned pursuant
to paragraph (4) may be sold at any time as Russian-ori-
gin natural uranium in a matched sale pursuant to the
Suspension Agreement, and in such case shall not be count-
ed against the annual maximum deliveries set forth in
paragraph (5).
(7) Uranium hexafluoride delivered to the Russian Ex-
ecutive Agent under paragraph (3) or auctioned pursuant
to paragraph (4) may be sold at any time for use in the