H. R. 1871—43
of this Act for an evaluation of the Department of Housing and
Urban Development’s management systems.
INDEPENDENT AGENCIES
ENVIRONMENTAL PROTECTION AGENCY
BUILDINGS AND FACILITIES
From the amounts appropriated under this heading in prior
appropriation Acts for the Center for Ecology Research and Training
(CERT), the Environmental Protection Agency (EPA) shall, after
the closing of the period for filing CERT-related claims pursuant
to the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (42 U.S.C. 4601 et seq.), obligate the maximum
amount of funds necessary to settle all outstanding CERT-related
claims against the EPA pursuant to such Act. To the extent that
unobligated balances then remain from such amounts previously
appropriated, the EPA is authorized beginning in fiscal year 1997
to make grants to the City of Bay City, Michigan, for the purpose
of EPA-approved environmental remediation and rehabilitation of
publicly owned real property included in the boundaries of the
CERT project.
STATE AND TRIBAL ASSISTANCE GRANTS
The funds appropriated in Public Law 104–204 to the Environ-
mental Protection Agency under this heading for grants to States
and federally recognized tribes for multi-media or single media
pollution prevention, control, and abatement and related activities,
$674,207,000, may also be used for the direct implementation by
the Federal Government of a program required by law in the
absence of an acceptable State or tribal program.
FEDERAL EMERGENCY MANAGEMENT AGENCY
DISASTER RELIEF
For an additional amount for ‘‘Disaster relief ’’, $3,300,000,000,
to remain available until expended: Provided, That $2,300,000,000
shall become available for obligation on September 30, 1997, but
shall not become available until the Director of the Federal Emer-
gency Management Agency submits to the Congress a legislative
proposal to control disaster relief expenditures including the elimi-
nation of funding for certain revenue producing facilities: Provided
further, That of the funds made available under this heading,
up to $20,000,000 may be transferred to the Disaster Assistance
Direct Loan Program for the cost of direct loans as authorized
under section 417 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.): Provided further,
That such transfer may be made to subsidize gross obligations
for the principal amount of direct loans not to exceed $21,000,000
under section 417 of the Stafford Act: Provided further, That any
such transfer of funds shall be made only upon certification by
the Director of the Federal Emergency Management Agency that
all requirements of section 417 of the Stafford Act will be complied
with: Provided further, That the entire amount appropriated herein
shall be available only to the extent that an official budget request
H. R. 1871—44
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:
Provided further, That the entire amount appropriated herein is
designated by Congress as an emergency requirement pursuant
to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
GENERAL PROVISIONS, CHAPTER 10
SEC. 10001. The Secretary shall submit semi-annually to the
Committees on Appropriations a list of all contracts and task orders
issued under such contracts in excess of $250,000 which were
entered into during the prior 6-month period by the Secretary,
the Government National Mortgage Association, and the Office
of Federal Housing Enterprise Oversight (or by any officer of the
Department of Housing and Urban Development, the Government
National Mortgage Association, or the Office of Federal Housing
Enterprise Oversight acting in his or her capacity to represent
the Secretary or these entities). Each listing shall identify the
parties to the contract, the term and amount of the contract, and
the subject matter and responsibilities of the parties to the contract.
SEC. 10002. Section 8(c)(9) of the United States Housing Act
of 1937 is amended by striking out ‘‘Not less than one year prior
to terminating any contract’’ and inserting in lieu thereof: ‘‘Not
less than 180 days prior to terminating any contract’’.
SEC. 10003. The first sentence of section 542(c)(4) of the Hous-
ing and Community Development Act of 1992 is amended by strik-
ing out ‘‘on not more than 12,000 units during fiscal year 1996’’
and inserting in lieu thereof: ‘‘on not more than 12,000 units during
fiscal year 1996 and not more than an additional 7,500 units during
fiscal year 1997’’.
SEC. 10004. Section 4(a) and (b)(3) of the HUD Demonstration
Act of 1993 is amended by inserting after ‘‘National Community
Development Initiative’’: ‘‘, Local Initiatives Support Corporation,
The Enterprise Foundation, Habitat for Humanity, and Youthbuild
USA’’.
SEC. 10005. Section 234(c) of the National Housing Act is
amended by inserting after ‘‘203(b)(2)’’ the following: ‘‘or pursuant
to section 203(h) under the conditions described in section 203(h)’’.
SEC. 10006. Section 211(b)(4)(B) of the Departments of Veterans
Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 1997 (Public Law 104–204) is amended
by inserting the following at the end: ‘‘The term ‘owner’, as used
in this subparagraph, in addition to it having the same meaning
as in section 8(f) of the United States Housing Act of 1937, also
means an affiliate of the owner. The term ‘affiliate of the owner’
means any person or entity (including, but not limited to, a general
partner or managing member, or an officer of either) that controls
an owner, is controlled by an owner, or is under common control
with the owner. The term ‘control’ means the direct or indirect
power (under contract, equity ownership, the right to vote or deter-
mine a vote, or otherwise) to direct the financial, legal, beneficial,
or other interests of the owner.’’.
H. R. 1871—45
CHAPTER 11
OFFSETS AND RESCISSIONS
DEPARTMENT OF AGRICULTURE
OFFICE OF THE SECRETARY
FUND FOR RURAL AMERICA
Of the funds provided on January 1, 1997 for section 793
of Public Law 104–127, Fund for Rural America, not more than
$80,000,000 shall be available.
FOOD AND CONSUMER SERVICE
THE EMERGENCY FOOD ASSISTANCE PROGRAM
Notwithstanding section 27(a) of the Food Stamp Act, the
amount specified for allocation under such section for fiscal year
1997 shall be $80,000,000.
FOREIGN AGRICULTURAL SERVICE AND GENERAL SALES MANAGER
EXPORT CREDIT
None of the funds made available in the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 1997, Public Law 104–180, may be used to
pay the salaries and expenses of personnel to carry out a combined
program for export credit guarantees, supplier credit guarantees,
and emerging democracies facilities guarantees at a level which
exceeds $3,500,000,000.
EXPORT ENHANCEMENT PROGRAM
None of the funds appropriated or otherwise made available
in Public Law 104–180 shall be used to pay the salaries and
expenses of personnel to carry out an export enhancement program
if the aggregate amount of funds and/or commodities under such
program exceeds $10,000,000.
DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
WORKING CAPITAL FUND
(RESCISSION)
Of the unobligated balances available under this heading,
$6,400,000 are rescinded.
LEGAL ACTIVITIES
ASSETS FORFEITURE FUND
(RESCISSION)
Of the amounts made available to the Attorney General on
October 1, 1996, from surplus balances declared in prior years
H. R. 1871—46
pursuant to 28 U.S.C. 524(c), authority to obligate $3,000,000 of
such funds in fiscal year 1997 is rescinded.
IMMIGRATION AND NATURALIZATION SERVICE
CONSTRUCTION
(RESCISSION)
Of the unobligated balances under this heading from amounts
made available in Public Law 103–317, $1,000,000 are rescinded.
DEPARTMENT OF COMMERCE
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
INDUSTRIAL TECHNOLOGY SERVICES
(RESCISSION)
Of the unobligated balances available under this heading for
the Advanced Technology Program, $7,000,000 are rescinded.
RELATED AGENCIES
FEDERAL COMMUNICATIONS COMMISSION
SALARIES AND EXPENSES
(RESCISSION)
Of the unobligated balances available under this heading,
$1,000,000 are rescinded.
OUNCE OF PREVENTION COUNCIL
(RESCISSION)
Of the amounts made available under this heading in Public
Law 104–208, $1,000,000 are rescinded.
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
ENERGY SUPPLY, RESEARCH AND DEVELOPMENT ACTIVITIES
(RESCISSION)
Of the funds made available under this heading in Public
Law 104–206 and prior years’ Energy and Water Development
Appropriations Acts, $11,180,000 are rescinded.
CLEAN COAL TECHNOLOGY
(RESCISSION)
Of the funds made available under this heading for obligation
in fiscal year 1997 or prior years, $17,000,000 are rescinded: Pro-
vided, That funds made available in previous appropriations Acts
H. R. 1871—47
shall be available for any ongoing project regardless of the separate
request for proposal under which the project was selected.
STRATEGIC PETROLEUM RESERVE
(RESCISSION)
Of the funds made available under this heading in previous
appropriations Acts, $11,000,000 are rescinded.
POWER MARKETING ADMINISTRATIONS
CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE,
WESTERN AREA POWER ADMINISTRATION
(RESCISSION)
Of the funds made available under this heading in Public
Law 104–206 and prior years’ Energy and Water Development
Appropriations Acts, $11,352,000 are rescinded.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
ADMINISTRATION FOR CHILDREN AND FAMILIES
JOB OPPORTUNITIES AND BASIC SKILLS
(RESCISSION)
Of the funds made available under this heading in Public
Law 104–208, there is rescinded an amount equal to the total
of the funds within each State’s limitation for fiscal year 1997
that are not necessary to pay such State’s allowable claims for
such fiscal year.
Section 403(k)(3)(F) of the Social Security Act (as in effect
on October 1, 1996) is amended by adding after the ‘‘,’’ the following:
‘‘reduced by an amount equal to the total of those funds that
are within each State’s limitation for fiscal year 1997 that are
not necessary to pay such State’s allowable claims for such fiscal
year (except that such amount for such year shall be deemed
to be $1,000,000,000 for the purpose of determining the amount
of the payment under subsection (1) to which each State is enti-
tled),’’.
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
GRANTS-IN-AID FOR AIRPORTS
(AIRPORT AND AIRWAY TRUST FUND)
(RESCISSION OF CONTRACT AUTHORIZATION)
Of the unobligated balances authorized under 49 U.S.C. 48103
as amended, $750,000,000 are rescinded.
H. R. 1871—49
for use in extending section 8 contracts expiring in fiscal year
1998 and thereafter: Provided further, That the Secretary may
recapture less than $5,800,000,000 and reserve less than
$2,150,000,000 where the Secretary determines that insufficient
section 8 funds are available for current fiscal year contract obliga-
tions: Provided further, That the Comptroller General of the United
States shall conduct an audit of all accounts of the Department
of Housing and Urban Development to determine whether the
Department’s systems for budgeting and accounting for section 8
rental assistance ensure that unexpended funds do not reach
unreasonable levels and that obligations are spent in a timely
manner.
INDEPENDENT AGENCY
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
NATIONAL AERONAUTICS FACILITIES
(RESCISSION)
Of the funds made available under this heading in Public
Law 103–327, $365,000,000 are rescinded.
FUNDS APPROPRIATED TO THE PRESIDENT
UNANTICIPATED NEEDS
(RESCISSION)
Of the funds made available under this heading in Public
Law 103–211 to NASA for ‘‘Space flight, control, and data commu-
nications’’, $4,200,000 are rescinded.
TITLE III
GENERAL PROVISIONS—THIS ACT
SEC. 30001. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current fiscal
year unless expressly so provided herein.
BUY-AMERICAN REQUIREMENTS
SEC. 30002. (a) COMPLIANCE WITH BUY AMERICAN ACT.—None
of the funds made available in this Act may be expended by an
entity unless the entity agrees that in expending the funds the
entity will comply with the Buy American Act (41 U.S.C. 10a–
10c).
(b) SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.—
(1) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PROD-
UCTS.—In the case of any equipment or product that may
be authorized to be purchased with financial assistance pro-
vided using funds made available in this Act, it is the sense
of the Congress that entities receiving the assistance should,
in expending the assistance, purchase only American-made
equipment and products.
(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing
financial assistance using funds made available in this Act,
H. R. 1871—50
the head of each Federal agency shall provide to each recipient
of the assistance a notice describing the statement made in
paragraph (1) by the Congress.
(c) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY LABEL-
ING PRODUCTS AS MADE IN AMERICA.—If it has been finally deter-
mined by a court or Federal agency that any person intentionally
affixed a label bearing a ‘‘Made in America’’ inscription, or any
inscription with the same meaning, to any product sold in or shipped
to the United States that is not made in the United States, the
person shall be ineligible to receive any contract or subcontract
made with funds made available in this Act, pursuant to the debar-
ment, suspension, and ineligibility procedures described in sections
9.400 through 9.409 of title 48, Code of Federal Regulations.
SEC. 30003. The Office of Management and Budget is directed
to work with Federal agencies, as appropriate, to support the exten-
sion and revision of Federal grants, contracts, and cooperative
agreements at universities affected by flooding in designated Fed-
eral disaster areas where work on such grants, contracts, and
cooperative agreements was suspended as a result of the flood
disaster.
TITLE IV—COST OF HIGHER EDUCATION REVIEW
SEC. 40001. SHORT TITLE; FINDINGS.
(a) SHORT TITLE.—This title may be cited as the ‘‘Cost of
Higher Education Review Act of 1997’’.
(b) FINDINGS.—The Congress finds the following:
(1) According to a report issued by the General Accounting
Office, tuition at 4-year public colleges and universities
increased 234 percent from school year 1980–1981 through
school year 1994–1995, while median household income rose
82 percent and the cost of consumer goods as measured by
the Consumer Price Index rose 74 percent over the same time
period.
(2) A 1995 survey of college freshmen found that concern
about college affordability was the highest it has been in the
last 30 years.
(3) Paying for a college education now ranks as one of
the most costly investments for American families.
SEC. 40002. ESTABLISHMENT OF NATIONAL COMMISSION ON THE COST
OF HIGHER EDUCATION.
There is established a Commission to be known as the ‘‘National
Commission on the Cost of Higher Education’’ (hereafter in this
title referred to as the ‘‘Commission’’).
SEC. 40003. MEMBERSHIP OF COMMISSION.
(a) APPOINTMENT.—The Commission shall be composed of 11
members as follows:
(1) Three individuals shall be appointed by the Speaker
of the House.
(2) Two individuals shall be appointed by the Minority
Leader of the House.
(3) Three individuals shall be appointed by the Majority
Leader of the Senate.
(4) Two individuals shall be appointed by the Minority
Leader of the Senate.
H. R. 1871—51
(5) One individual shall be appointed by the Secretary
of Education.
(b) ADDITIONAL
QUALIFICATIONS.—Each of the individuals
appointed under subsection (a) shall be an individual with expertise
and experience in higher education finance (including the financing
of State institutions of higher education), Federal financial aid
programs, education economics research, public or private higher
education administration, or business executives who have managed
successful cost reduction programs.
(c) CHAIRPERSON
AND VICE CHAIRPERSON.—The members of
the Commission shall elect a Chairperson and a Vice Chairperson.
In the absence of the Chairperson, the Vice Chairperson will assume
the duties of the Chairperson.
(d) QUORUM.—A majority of the members of the Commission
shall constitute a quorum for the transaction of business.
(e) APPOINTMENTS.—All appointments under subsection (a)
shall be made within 30 days after the date of enactment of this
Act. In the event that an officer authorized to make an appointment
under subsection (a) has not made such appointment within such
30 days, the appointment may be made for such officer as follows:
(1) the Chairman of the Committee on Education and the
Workforce may act under such subsection for the Speaker of
the House of Representatives;
(2) the Ranking Minority Member of the Committee on
Education and the Workforce may act under such subsection
for the Minority Leader of the House of Representatives;
(3) the Chairman of the Committee on Labor and Human
Resources may act under such subsection for the Majority
Leader of the Senate; and
(4) the Ranking Minority Member of the Committee on
Labor and Human Resources may act under such subsection
for the Minority Leader of the Senate.
(f) VOTING.—Each member of the Commission shall be entitled
to one vote, which shall be equal to the vote of every other member
of the Commission.
(g) VACANCIES.—Any vacancy on the Commission shall not
affect its powers, but shall be filled in the manner in which the
original appointment was made.
(h) PROHIBITION OF ADDITIONAL PAY.—Members of the Commis-
sion shall receive no additional pay, allowances, or benefits by
reason of their service on the Commission. Members appointed
from among private citizens of the United States may be allowed
travel expenses, including per diem, in lieu of subsistence, as
authorized by law for persons serving intermittently in the govern-
ment service to the extent funds are available for such expenses.
(i) INITIAL MEETING.—The initial meeting of the Commission
shall occur within 40 days after the date of enactment of this
Act.
SEC. 40004. FUNCTIONS OF COMMISSION.
(a) SPECIFIC FINDINGS AND RECOMMENDATIONS.—The Commis-
sion shall study and make findings and specific recommendations
regarding the following:
(1) The increase in tuition compared with other commod-
ities and services.
(2) Innovative methods of reducing or stabilizing tuition.
H. R. 1871—52
(3) Trends in college and university administrative costs,
including administrative staffing, ratio of administrative staff
to instructors, ratio of administrative staff to students, remu-
neration of administrative staff, and remuneration of college
and university presidents or chancellors.
(4) Trends in (A) faculty workload and remuneration
(including the use of adjunct faculty), (B) faculty-to-student
ratios, (C) number of hours spent in the classroom by faculty,
and (D) tenure practices, and the impact of such trends on
tuition.
(5) Trends in (A) the construction and renovation of aca-
demic and other collegiate facilities, and (B) the modernization
of facilities to access and utilize new technologies, and the
impact of such trends on tuition.
(6) The extent to which increases in institutional financial
aid and tuition discounting have affected tuition increases,
including the demographics of students receiving such aid, the
extent to which such aid is provided to students with limited
need in order to attract such students to particular institutions
or major fields of study, and the extent to which Federal finan-
cial aid, including loan aid, has been used to offset such
increases.
(7) The extent to which Federal, State, and local laws,
regulations, or other mandates contribute to increasing tuition,
and recommendations on reducing those mandates.
(8) The establishment of a mechanism for a more timely
and widespread distribution of data on tuition trends and other
costs of operating colleges and universities.
(9) The extent to which student financial aid programs
have contributed to changes in tuition.
(10) Trends in State fiscal policies that have affected college
costs.
(11) The adequacy of existing Federal and State financial
aid programs in meeting the costs of attending colleges and
universities.
(12) Other related topics determined to be appropriate by
the Commission.
(b) FINAL REPORT.—
(1) IN GENERAL.—Subject to paragraph (2), the Commission
shall submit to the President and to the Congress, not later
than 120 days after the date of the first meeting of the Commis-
sion, a report which shall contain a detailed statement of the
findings and conclusions of the Commission, including the
Commission’s recommendations for administrative and legisla-
tive action that the Commission considers advisable.
(2) MAJORITY
VOTE
REQUIRED
FOR
RECOMMENDATIONS.—
Any recommendation described in paragraph (1) shall be made
by the Commission to the President and to the Congress only
if such recommendation is adopted by a majority vote of the
members of the Commission who are present and voting.
(3) EVALUATION OF DIFFERENT CIRCUMSTANCES.—In making
any findings under subsection (a) of this section, the Commis-
sion shall take into account differences between public and
private colleges and universities, the length of the academic
program, the size of the institution’s student population, and
the availability of the institution’s resources, including the size
of the institution’s endowment.
H. R. 1871—53
SEC. 40005. POWERS OF COMMISSION.
(a) HEARINGS.—The Commission may, for the purpose of carry-
ing out this title, hold such hearings and sit and act at such
times and places, as the Commission may find advisable.
(b) RULES AND REGULATIONS.—The Commission may adopt such
rules and regulations as may be necessary to establish the Commis-
sion’s procedures and to govern the manner of the Commission’s
operations, organization, and personnel.
(c) ASSISTANCE FROM FEDERAL AGENCIES.—
(1) INFORMATION.—The Commission may request from the
head of any Federal agency or instrumentality such information
as the Commission may require for the purpose of this title.
Each such agency or instrumentality shall, to the extent per-
mitted by law and subject to the exceptions set forth in section
552 of title 5, United States Code (commonly referred to as
the Freedom of Information Act), furnish such information to
the Commission, upon request made by the Chairperson of
the Commission.
(2) FACILITIES AND SERVICES, PERSONNEL DETAIL AUTHOR-
IZED.—Upon request of the Chairperson of the Commission,
the head of any Federal agency or instrumentality shall, to
the extent possible and subject to the discretion of such head—
(A) make any of the facilities and services of such
agency or instrumentality available to the Commission;
and
(B) detail any of the personnel of such agency or
instrumentality to the Commission, on a nonreimbursable
basis, to assist the Commission in carrying out the Commis-
sion’s duties under this title.
(d) MAILS.—The Commission may use the United States mails
in the same manner and under the same conditions as other Federal
agencies.
(e) CONTRACTING.—The Commission, to such extent and in such
amounts as are provided in appropriation Acts, may enter into
contracts with State agencies, private firms, institutions, and
individuals for the purpose of conducting research or surveys nec-
essary to enable the Commission to discharge the Commission’s
duties under this title.
(f) STAFF.—Subject to such rules and regulations as may be
adopted by the Commission, and to such extent and in such amounts
as are provided in appropriation Acts, the Chairperson of the
Commission shall have the power to appoint, terminate, and fix
the compensation (without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service,
and without regard to the provisions of chapter 51 and subchapter
III of chapter 53 of such title, or of any other provision, or of
any other provision of law, relating to the number, classification,
and General Schedule rates) of an Executive Director, and of such
additional staff as the Chairperson deems advisable to assist the
Commission, at rates not to exceed a rate equal to the maximum
rate for level IV of the Executive Schedule under section 5332
of such title.
SEC. 40006. FUNDING OF COMMISSION.
There is authorized to be appropriated for fiscal year 1997
for carrying out this title, $650,000, to remain available until
H. R. 1871—54
expended, or until one year after the termination of the Commission
pursuant to section 40007, whichever occurs first.
SEC. 40007. TERMINATION OF COMMISSION.
The Commission shall cease to exist on the date that is 60
days after the date on which the Commission is required to submit
its final report in accordance with section 40004(b).
TITLE V—DEPOSITORY INSTITUTION DISASTER RELIEF
SEC. 50001. SHORT TITLE.
This title may be cited as the ‘‘Depository Institutions Disaster
Relief Act of 1997’’.
SEC. 50002. TRUTH IN LENDING ACT; EXPEDITED FUNDS AVAILABILITY
ACT.
(a) TRUTH IN LENDING ACT.—During the 240-day period begin-
ning on the date of enactment of this Act, the Board of Governors
of the Federal Reserve System may make exceptions to the Truth
in Lending Act for transactions within an area in which the Presi-
dent, pursuant to section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, has determined, on or after
February 28, 1997, that a major disaster exists, or within an area
determined to be eligible for disaster relief under other Federal
law by reason of damage related to the 1997 flooding of the Red
River of the North, the Minnesota River, and the tributaries of
such rivers, if the Board determines that the exception can reason-
ably be expected to alleviate hardships to the public resulting
from such disaster that outweigh possible adverse effects.
(b) EXPEDITED FUNDS AVAILABILITY ACT.—During the 240-day
period beginning on the date of enactment of this Act, the Board
of Governors of the Federal Reserve System may make exceptions
to the Expedited Funds Availability Act for depository institution
offices located within any area referred to in subsection (a) of
this section if the Board determines that the exception can reason-
ably be expected to alleviate hardships to the public resulting
from such disaster that outweigh possible adverse effects.
(c) TIME LIMIT ON EXCEPTIONS.—Any exception made under
this section shall expire not later than September 1, 1998.
(d) PUBLICATION REQUIRED.—The Board of Governors of the
Federal Reserve System shall publish in the Federal Register a
statement that—
(1) describes any exception made under this section; and
(2) explains how the exception can reasonably be expected
to produce benefits to the public that outweigh possible adverse
effects.
SEC. 50003. DEPOSIT OF INSURANCE PROCEEDS.
(a) IN GENERAL.—The appropriate Federal banking agency may,
by order, permit an insured depository institution to subtract from
the institution’s total assets, in calculating compliance with the
leverage limit prescribed under section 38 of the Federal Deposit
Insurance Act, an amount not exceeding the qualifying amount
attributable to insurance proceeds, if the agency determines that—
(1) the institution—
(A) had its principal place of business within an area
in which the President, pursuant to section 401 of the
H. R. 1871—55
Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act, has determined, on or after February 28, 1997,
that a major disaster exists, or within an area determined
to be eligible for disaster relief under other Federal law
by reason of damage related to the 1997 flooding of the
Red River of the North, the Minnesota River, and the
tributaries of such rivers, on the day before the date of
any such determination;
(B) derives more than 60 percent of its total deposits
from persons who normally reside within, or whose prin-
cipal place of business is normally within, areas of intense
devastation caused by the major disaster;
(C) was adequately capitalized (as defined in section
38 of the Federal Deposit Insurance Act) before the major
disaster; and
(D) has an acceptable plan for managing the increase
in its total assets and total deposits; and
(2) the subtraction is consistent with the purpose of section
38 of the Federal Deposit Insurance Act.
(b) TIME LIMIT ON EXCEPTIONS.—Any exception made under
this section shall expire not later than February 28, 1999.
(c) DEFINITIONS.—For purposes of this section:
(1) APPROPRIATE
FEDERAL
BANKING
AGENCY.—The term
‘‘appropriate Federal banking agency’’ has the same meaning
as in section 3 of the Federal Deposit Insurance Act.
(2) INSURED DEPOSITORY INSTITUTION.—The term ‘‘insured
depository institution’’ has the same meaning as in section
3 of the Federal Deposit Insurance Act.
(3) LEVERAGE LIMIT.—The term ‘‘leverage limit’’ has the
same meaning as in section 38 of the Federal Deposit Insurance
Act.
(4) QUALIFYING AMOUNT ATTRIBUTABLE TO INSURANCE PRO-
CEEDS.—The term ‘‘qualifying amount attributable to insurance
proceeds’’ means the amount (if any) by which the institution’s
total assets exceed the institution’s average total assets during
the calendar quarter ending before the date of any determina-
tion referred to in subsection (a)(1)(A), because of the deposit
of insurance payments or governmental assistance made with
respect to damage caused by, or other costs resulting from,
the major disaster.
SEC. 50004. BANKING AGENCY PUBLICATION REQUIREMENTS.
(a) IN GENERAL.—A qualifying regulatory agency may take
any of the following actions with respect to depository institutions
or other regulated entities whose principal place of business is
within, or with respect to transactions or activities within, an
area in which the President, pursuant to section 401 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act, has
determined, on or after February 28, 1997, that a major disaster
exists, or within an area determined to be eligible for disaster
relief under other Federal law by reason of damage related to
the 1997 flooding of the Red River of the North, the Minnesota
River, and the tributaries of such rivers, if the agency determines
that the action would facilitate recovery from the major disaster:
(1) PROCEDURE.—Exercising the agency’s authority under
provisions of law other than this section without complying
with—
H. R. 1871—56
(A) any requirement of section 553 of title 5, United
States Code; or
(B) any provision of law that requires notice or oppor-
tunity for hearing or sets maximum or minimum time
limits with respect to agency action.
(2) PUBLICATION REQUIREMENTS.—Making exceptions, with
respect to institutions or other entities for which the agency
is the primary Federal regulator, to—
(A) any publication requirement with respect to
establishing branches or other deposit-taking facilities; or
(B) any similar publication requirement.
(b) PUBLICATION REQUIRED.—A qualifying regulatory agency
shall publish in the Federal Register a statement that—
(1) describes any action taken under this section; and
(2) explains the need for the action.
(c) QUALIFYING REGULATORY AGENCY DEFINED.—For purposes
of this section, the term ‘‘qualifying regulatory agency’’ means—
(1) the Board of Governors of the Federal Reserve System;
(2) the Comptroller of the Currency;
(3) the Director of the Office of Thrift Supervision;
(4) the Federal Deposit Insurance Corporation;
(5) the Financial Institutions Examination Council;
(6) the National Credit Union Administration; and
(7) with respect to chapter 53 of title 31, United States
Code, the Secretary of the Treasury.
(d) EXPIRATION.—Any exception made under this section shall
expire not later than February 28, 1998.
SEC. 50005. SENSE OF THE CONGRESS.
(a) FINANCIAL SERVICES.—It is the sense of the Congress that
the Board of Governors of the Federal Reserve System, the
Comptroller of the Currency, the Director of the Office of Thrift
Supervision, the Federal Deposit Insurance Corporation, and the
National Credit Union Administration should encourage depository
institutions to meet the financial services needs of their commu-
nities and customers located in areas affected by the 1997 flooding
of the Red River of the North, the Minnesota River, and the tribu-
taries of such rivers.
(b) APPRAISAL STANDARDS.—It is the sense of the Congress
that each Federal financial institutions regulatory agency should,
by regulation or order, make exceptions to the appraisal standards
prescribed by title XI of the Financial Institutions Reform, Recovery,
and Enforcement Act of 1989 (12 U.S.C. 3331 et seq.) for trans-
actions involving institutions for which the agency is the primary
Federal regulator with respect to real property located within a
disaster area pursuant to section 1123 of the Financial Institutions
Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3352),
if the agency determines that the exceptions can reasonably be
expected to alleviate hardships to the public resulting from such
disaster that outweigh possible adverse effects.
SEC. 50006. OTHER AUTHORITY NOT AFFECTED.
No provision of this title shall be construed as limiting the
authority of any department or agency under any other provision
of law.
H. R. 1871—57
TITLE VI—TECHNICAL AMENDMENTS WITH RESPECT TO
EDUCATION
SEC. 60001. TECHNICAL AMENDMENTS RELATING TO DISCLOSURES
REQUIRED WITH RESPECT TO GRADUATION RATES.
(a) AMENDMENTS.—Section 485 of the Higher Education Act
of 1965 (20 U.S.C. 1092) is amended—
(1) in subsection (a)(3)(B), by striking ‘‘June 30’’ and insert-
ing ‘‘August 31’’; and
(2) in subsection (e)(9), by striking ‘‘August 30’’ and insert-
ing ‘‘August 31’’.
(b) EFFECTIVE DATES.—
(1) IN GENERAL.—Except as provided in paragraph (2),
the amendments made by subsection (a) are effective upon
enactment.
(2) INFORMATION DISSEMINATION.—No institution shall be
required to comply with the amendment made by subsection
(a)(1) before July 1, 1998.
SEC. 60002. DATE EXTENSION.
Section 1501(a)(4) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6491(a)(4)) is amended by striking ‘‘January
1, 1998’’ and inserting ‘‘January 1, 1999’’.
SEC. 60003. TIMELY FILING OF NOTICE.
Notwithstanding any other provision of law, the Secretary of
Education shall deem Kansas and New Mexico to have timely
submitted under section 8009(c)(1) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7709(c)(1)) the States’ written
notices of intent to consider payments described in section 8009(b)(1)
of the Act (20 U.S.C. 7709(b)(1)) in providing State aid to local
educational agencies for school year 1997–1998, except that the
Secretary may require the States to submit such additional informa-
tion as the Secretary may require, which information shall be
considered part of the notices.
SEC. 60004. HOLD HARMLESS PAYMENTS.
Section 8002(h)(1) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7702(h)(1)) is amended—
(1) in subparagraph (A), by striking ‘‘or’’ after the
semicolon;
(2) in subparagraph (B), by striking the period and
inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(C) for fiscal year 1997 and each succeeding fiscal
year through fiscal year 2000 shall not be less than 85
percent of the amount such agency received for fiscal year
1996 under subsection (b).’’.
SEC. 60005. DATA.
(a) IN GENERAL.—Section 8003(f)(4) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703(f)(4)) is amended—
(1) in subparagraph (A)—
(A) by inserting ‘‘expenditure,’’ after ‘‘revenue,’’; and
(B) by striking the semicolon and inserting a period;
(2) by striking ‘‘the Secretary’’ and all that follows through
‘‘shall use’’ and inserting ‘‘the Secretary shall use’’; and
(3) by striking subparagraph (B).
H. R. 1871—58
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall apply with respect to fiscal years after fiscal year 1997.
SEC. 60006. PAYMENTS RELATING TO FEDERAL PROPERTY.
Section 8002(i) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7702(i)) is amended to read as follows:
‘‘(i) PRIORITY PAYMENTS.—
‘‘(1) IN
GENERAL.—Notwithstanding subsection (b)(1)(B),
and for any fiscal year beginning with fiscal year 1997 for
which the amount appropriated to carry out this section exceeds
the amount so appropriated for fiscal year 1996—
‘‘(A) the Secretary shall first use the excess amount
(not to exceed the amount equal to the difference of (i)
the amount appropriated to carry out this section for fiscal
year 1997, and (ii) the amount appropriated to carry out
this section for fiscal year 1996) to increase the payment
that would otherwise be made under this section to not
more than 50 percent of the maximum amount determined
under subsection (b) for any local educational agency
described in paragraph (2); and
‘‘(B) the Secretary shall use the remainder of the excess
amount to increase the payments to each eligible local
educational agency under this section.
‘‘(2) LOCAL EDUCATIONAL AGENCY DESCRIBED.—A local edu-
cational agency described in this paragraph is a local edu-
cational agency that—
‘‘(A) received a payment under this section for fiscal
year 1996;
‘‘(B) serves a school district that contains all or a
portion of a United States military academy;
‘‘(C) serves a school district in which the local tax
assessor has certified that at least 60 percent of the real
property is federally owned; and
‘‘(D) demonstrates to the satisfaction of the Secretary
that such agency’s per-pupil revenue derived from local
sources for current expenditures is not less than that reve-
nue for the preceding fiscal year.’’.
SEC. 60007. TIMELY FILING UNDER SECTION 8003.
The Secretary of Education shall treat as timely filed, and
shall process for payment, an amendment to an application for
a fiscal year 1997 payment from a local educational agency under
section 8003 of the Elementary and Secondary Education Act of
1965 if—
(1) that agency is described in subsection (a)(3) of that
section, as amended by section 376 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104–201);
(2) that agency was not described in that subsection prior
to that amendment; and
(3) the Secretary received the amendment to the agency’s
application prior to the enactment of this Act.
H. R. 1871—59
TITLE VII—FOOD STAMP PROGRAM
STATE OPTION TO ISSUE FOOD STAMP BENEFITS TO CERTAIN
INDIVIDUALS MADE INELIGIBLE BY WELFARE REFORM
(a) IN GENERAL.—Section 7 of the Food Stamp Act of 1977
(7 U.S.C. 2016) is amended—
(1) in subsection (a), by inserting after ‘‘necessary, and’’
the following: ‘‘(except as provided in subsection (j))’’; and
(2) by adding at the end the following:
‘‘(j) STATE OPTION TO ISSUE BENEFITS TO CERTAIN INDIVIDUALS
MADE INELIGIBLE BY WELFARE REFORM.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
law, a State agency may, with the approval of the Secretary,
issue benefits under this Act to an individual who is ineligible
to participate in the food stamp program solely as a result
of section 6(o)(2) of this Act or section 402 or 403 of the
Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (8 U.S.C. 1612 or 1613).
‘‘(2) STATE PAYMENTS TO SECRETARY.—
‘‘(A) IN GENERAL.—Not later than the date the State
agency issues benefits to individuals under this subsection,
the State agency shall pay the Secretary, in accordance
with procedures established by the Secretary, an amount
that is equal to—
‘‘(i) the value of the benefits; and
‘‘(ii) the costs of printing, shipping, and redeeming
coupons, and other Federal costs, incurred in providing
the benefits, as determined by the Secretary.
‘‘(B) CREDITING.—Notwithstanding section 3302(b) of
title 31, United States Code, payments received under
subparagraph (A) shall be credited to the food stamp pro-
gram appropriation account or the account from which
the costs were drawn, as appropriate, for the fiscal year
in which the payment is received.
‘‘(3) REPORTING.—To be eligible to issue benefits under
this subsection, a State agency shall comply with reporting
requirements established by the Secretary to carry out this
subsection.
‘‘(4) PLAN.—To be eligible to issue benefits under this sub-
section, a State agency shall—
‘‘(A) submit a plan to the Secretary that describes
the conditions and procedures under which the benefits
will be issued, including eligibility standards, benefit levels,
and the methodology the State agency will use to determine
amounts due the Secretary under paragraph (2); and
‘‘(B) obtain the approval of the Secretary for the plan.
‘‘(5) VIOLATIONS.—A sanction, disqualification, fine, or other
penalty prescribed under Federal law (including sections 12
and 15) shall apply to a violation committed in connection
with a coupon issued under this subsection.
‘‘(6) INELIGIBILITY FOR ADMINISTRATIVE REIMBURSEMENT.—
Administrative and other costs incurred in issuing a benefit
under this subsection shall not be eligible for Federal funding
under this Act.
H. R. 1871—60
‘‘(7) EXCLUSION FROM ENHANCED PAYMENT ACCURACY SYS-
TEMS.—Section 16(c) shall not apply to benefits issued under
this subsection.’’.
(b) CONFORMING AMENDMENTS.—Section 17(b)(1)(B)(iv) of the
Food Stamp Act of 1977 (7 U.S.C. 2026(b)(1)(B)(iv)) is amended—
(1) in subclause (V), by striking ‘‘or’’ at the end;
(2) in subclause (VI), by striking the period at the end
and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(VII) waives a provision of section 7(j).’’.
TITLE VIII—2000 DECENNIAL CENSUS
The Department of Commerce is directed within thirty days
of enactment of this Act to provide to the Congress a comprehensive
and detailed plan outlining its proposed methodologies for conduct-
ing the 2000 decennial Census and available methods to conduct
an actual enumeration of the population. This plan description
shall specifically include:
(1) a list of all statistical methodologies that may be used
in conducting the Census;
(2) an explanation of these statistical methodologies;
(3) a list of statistical errors which may occur as a result
of the use of each statistical methodology;
(4) the estimated error rate down to the census tract level;
(5) a cost estimation showing cost allocations for each cen-
sus activity plan; and
(6) an analysis of all available options for counting hard-
to-enumerate individuals, without utilizing sampling or any
other statistical methodology, including efforts like the Milwau-
kee Complete Count project. The Department of Commerce
is also directed within thirty days of enactment of this Act
to provide to the Congress an estimate and explanation of
the error rate at the census block level based upon the 1995
test data.
This Act may be cited as the ‘‘1997 Emergency Supplemental
Appropriations Act for Recovery from Natural Disasters, and for
Overseas Peacekeeping Efforts, Including Those in Bosnia’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.