IB
105TH CONGRESS
1ST SESSION
H. R. 1469
IN THE HOUSE OF REPRESENTATIVES
MAY 16, 1997
Ordered to be printed with the amendments of the Senate numbered
AN ACT
Making emergency supplemental appropriations for recovery
from natural disasters, and for overseas peacekeeping
efforts, including those in Bosnia, for the fiscal year
ending September 30, 1997, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
Ω1æThat the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for re-
covery from natural disasters, and for overseas peacekeep-
ing efforts, including those in Bosnia, for the fiscal year
ending September 30, 1997, and for other purposes,
namely:
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TITLE I
EMERGENCY SUPPLEMENTAL APPROPRIATIONS
FOR RECOVERY FROM NATURAL DISASTERS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
FARM SERVICE AGENCY
EMERGENCY CONSERVATION PROGRAM
For an additional amount for ‘‘Emergency Conserva-
tion Program’’ for expenses, including livestock carcass re-
moval, resulting from flooding and other natural disasters,
$65,000,000, to remain available until expended: Pro-
vided, That the entire amount shall be available only to
the extent an official budget request for $65,000,000, 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 the Congress:
Provided further, That the entire amount is designated by
Congress as an emergency requirement pursuant to sec-
tion 251(b)(2)(D)(i) of such Act.
TREE ASSISTANCE PROGRAM
For assistance to small orchardists to replace or reha-
bilitate trees and vineyards damaged by weather and relat-
ed conditions, $9,000,000, to remain available until ex-
pended: Provided, That the entire amount shall be avail-
able only to the extent an official budget request for
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ceeds the fair market value of an affected cropland, the
Secretary may use sufficient amounts, not to exceed
$10,000,000, from funds provided under this heading to
accept bids from willing sellers to provide floodplain ease-
ments for such cropland inundated by floods: Provided fur-
ther, That none of the funds provided under this heading
shall be used for the salmon memorandum of understand-
ing.
RURAL HOUSING SERVICE
RURAL HOUSING INSURANCE FUND PROGRAM
Notwithstanding section 520 of the Housing Act of
1949, as amended, (42 U.S.C. 1490) the College Station
area of Pulaski County, Arkansas shall be eligible for
loans and grants available through the Rural Housing
Service.
FOOD AND CONSUMER SERVICE
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR
WOMEN, INFANTS, AND CHILDREN (WIC)
For an additional amount for the Special Supple-
mental Nutrition Program for Women, Infants, and Chil-
dren (WIC) as authorized by section 17 of the Child Nu-
trition Act of 1966, as amended (42 U.S.C. et seq.),
$38,000,000 (increased by $38,000,000), to remain avail-
able through September 30, 1998: Provided, That the Sec-
retary shall allocate such funds through the existing for-
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mula or, notwithstanding sections 17(g), (h), or (i) of such
Act and the regulations promulgated thereunder, such
other means as the Secretary deems necessary.
CHAPTER 2
DEPARTMENT OF COMMERCE
ECONOMIC DEVELOPMENT ADMINISTRATION
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
For an additional amount for ‘‘Economic Develop-
ment Assistance Programs’’ for emergency infrastructure
expenses and the capitalization of revolving loan funds re-
lated to recent flooding and other natural disasters,
$49,700,000, to remain available until expended, of which
not to exceed $2,000,000 may be available for administra-
tive expenses and may be transferred to and merged with
the appropriations for ‘‘Salaries and Expenses’’: Provided,
That the entire amount is designated by Congress as an
emergency
requirement
pursuant
to
section
251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further,
That the entire amount shall be available only to the ex-
tent 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 to Congress.
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NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
INDUSTRIAL TECHNOLOGY SERVICES
Of the amount provided under this heading in Public
Law 104–208 for the Advanced Technology Program, not
to exceed $35,000,000 shall be available for the award of
new grants.
NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION
CONSTRUCTION
For an additional amount for ‘‘Construction’’ for
emergency expenses resulting from flooding and other nat-
ural disasters, $10,800,000, to remain available until ex-
pended: Provided, 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.
CHAPTER 3
DEPARTMENT OF DEFENSE—CIVIL
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS—CIVIL
FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES,
ARKANSAS,
ILLINOIS,
KENTUCKY,
LOUISIANA,
MIS-
SISSIPPI, MISSOURI, AND TENNESSEE
For an additional amount for ‘‘Flood Control, Mis-
sissippi River and Tributaries, Arkansas, Illinois, Ken-
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tucky, Louisiana, Mississippi, Missouri, and Tennessee’’
for emergency expenses due to flooding and other natural
disasters, $20,000,000, to remain available until ex-
pended: Provided, 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.
OPERATION AND MAINTENANCE, GENERAL
For an additional amount for ‘‘Operation and Main-
tenance, General’’ for emergency expenses due to flooding
and other natural disasters, $150,000,000, to remain
available until expended: Provided, That of the total
amount appropriated, the amount for eligible navigation
projects which may be derived from the Harbor Mainte-
nance Trust Fund pursuant to Public Law 99–662, shall
be derived from that fund: Provided further, That the en-
tire 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.
FLOOD CONTROL AND COASTAL EMERGENCIES
For an additional amount for ‘‘Flood Control and
Coastal Emergencies’’ due to flooding and other natural
disasters, $415,000,000, to remain available until ex-
pended: Provided, That the entire amount is designated
by Congress as an emergency requirement pursuant to
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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
OPERATION AND MAINTENANCE
For an additional amount for ‘‘Operation and Main-
tenance’’, $7,355,000, to remain available until expended,
to repair damage caused by floods and other natural disas-
ters: Provided, That of the total appropriated, the amount
for program activities that can be financed by the Rec-
lamation Fund shall be derived from that fund: 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, CHAPTER 3
SEC. 301. Beginning in fiscal year 1997 and there-
after, the United States members and the alternate mem-
bers appointed under the Susquehanna River Basin Com-
pact (Public Law 91–575), and the Delaware River Basin
Compact (Public Law 87–328), shall be officers of the
U.S. Army Corps of Engineers, who hold Presidential ap-
pointments as Regular Army officers with Senate con-
firmation, and who shall serve without additional com-
pensation.
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SEC. 302. Section 2.2 of Public Law 87–328 (75
Stat. 688, 691) is amended by striking the words ‘‘during
the term of office of the President’’ and inserting the
words ‘‘at the pleasure of the President’’.
CHAPTER 4
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
CONSTRUCTION
For an additional amount for construction to repair
damage caused by floods and other natural disasters,
$4,796,000, to remain available until expended, of which
$3,003,000 is to be derived by transfer from unobligated
balances of funds, under the heading ‘‘Oregon and Califor-
nia Grant Lands’’, made available as supplemental appro-
priations in Public Law 104–134: Provided, That the en-
tire 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 to repair damage caused by floods and other
natural disasters, $2,694,000, to remain available until ex-
pended and to be derived by transfer from unobligated bal-
ances of funds, under the heading ‘‘Oregon and California
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possessory interest for the Corporation or such third party
in such repaired or replaced facilities: Provided further,
That any payments made to the United States by the Cor-
poration or a third party for repair or replacement of con-
cession use facilities shall be deposited in the General
Fund of the Treasury or, where facilities are repaired or
replaced by the Corporation or any other third party, an
equal amount of appropriations shall be rescinded.
For
an
additional
amount
for
construction,
$10,000,000, to remain available until expended, to make
repairs, construct facilities, and provide visitor transpor-
tation and for related purposes at Yosemite National
Park.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
For an additional amount for surveys, investigations,
and research, $4,290,000, to remain available until Sep-
tember 30, 1998, to repair or replace damaged equipment
and facilities caused by floods and other natural disasters:
Provided, 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.
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BUREAU OF INDIAN AFFAIRS
OPERATION OF INDIAN PROGRAMS
For an additional amount for operation of Indian
programs, $11,100,000, to remain available until Septem-
ber 30, 1998, for emergency response activities, including
emergency school operations, heating costs, emergency
welfare assistance, and to repair and replace facilities and
resources damaged by snow, floods, and other natural dis-
asters: Provided, That the entire amount is designated by
Congress as an emergency requirement pursuant to sec-
tion 251(b)(2)(D)(i) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended.
CONSTRUCTION
For
an
additional
amount
for
construction,
$5,554,000, to remain available until expended, to make
repairs caused by floods and other natural disasters: Pro-
vided, 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.
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
NATIONAL FOREST SYSTEM
For an additional amount for National forest system
for emergency expenses resulting from flooding and other
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natural disasters, $37,107,000, to remain available until
expended: Provided, 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.
RECONSTRUCTION AND CONSTRUCTION
For an additional amount for reconstruction and con-
struction for emergency expenses resulting from flooding
and other natural disasters, $32,334,000, to remain avail-
able until expended: Provided, That the entire amount is
designated by Congress as an emergency requirement pur-
suant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
DEPARTMENT OF HEALTH AND HUMAN
SERVICES
INDIAN HEALTH SERVICE
INDIAN HEALTH SERVICES
For an additional amount for Indian health services
for emergency expenses resulting from flooding and other
natural disasters, $1,000,000, to remain available until ex-
pended: Provided, 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.
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INDIAN HEALTH FACILITIES
For an additional amount for Indian health facilities
for emergency expenses resulting from flooding and other
natural disasters, $2,000,000, to remain available until ex-
pended: Provided, 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 PROVISION, CHAPTER 4
SEC. 401. Section 101(c) of Public Law 104–134 is
amended as follows: Under the heading ‘‘Title III—Gen-
eral
Provisions’’
amend
sections
315(c)(1)(A)
and
315(c)(1)(B) by striking in each of those sections ‘‘104
percent’’ and inserting in lieu thereof ‘‘100 percent’’; by
striking in each of those sections ‘‘1995’’ and inserting
in lieu thereof ‘‘1994’’; and by striking in each of those
sections ‘‘and thereafter annually adjusted upward by 4
percent,’’.
SAN CARLOS APACHE TRIBE WATER RIGHTS SETTLEMENT
SEC. 402. (a) EXTENSION.—Section 3711(b)(1) of
the San Carlos Apache Tribe Water Rights Settlement Act
of 1992 (106 Stat. 4752) is amended by striking ‘‘June
30, 1997’’ and inserting ‘‘March 31, 1999’’.
(b) EXTENSION FOR RIVER SYSTEM GENERAL ADJU-
DICATION.—Section 3711 of such Act is amended by add-
ing at the end the following new subsection:
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‘‘(c) EXTENSION FOR RIVER SYSTEM GENERAL AD-
JUDICATION.—If, at any time prior to March 31, 1999,
the Secretary notifies the Committee on Indian Affairs of
the United States Senate or the Committee on Resources
in the United States House of Representatives that the
Settlement Agreement, as executed by the Secretary, has
been submitted to the Superior Court of the State of Ari-
zona in and for Maricopa County for consideration and
approval as part of the General Adjudication of the Gila
River System and Source, the March 31, 1999, referred
to in subsection (b)(1) shall be deemed to be changed to
December 31, 1999.’’.
(c) COUNTIES.—Section 3706(b)(3) of such Act is
amended by inserting ‘‘Gila, Graham, Greenlee,’’ after
‘‘Maricopa,’’.
(d) PARTIES TO AGREEMENT.—Section 3703(2) of
such Act is amended by adding at the end the following
new sentence: ‘‘The Gila Valley Irrigation District and the
Franklin Irrigation District shall be added as parties to
the Agreement, but only so long as none of the aforemen-
tioned parties objects to adding the Gila Valley Irrigation
and/or the Franklin Irrigation District as parties to the
Agreement.’’.
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(e) CONDITIONS.—Section 3711 of such Act, as
amended by subsection (b) of this Act, is further amended
by adding at the end the following new subsections:
‘‘(d) CONDITIONS.—(1) IN GENERAL.—The June 30,
1997, deadline has been extended based on the following
conditions. The provisions and agreements set forth or re-
ferred to in paragraph (2), (3), and (4) below shall be
enforceable against the United States, and the conditions
and agreements set forth or referred to in paragraphs (3)
and (4) shall be enforceable against the Tribe, in United
States District Court, and the immunity of the United
States and the Tribe for such purposes is hereby waived.
‘‘(2) INTERIM PERIOD.—Prior to March 31, 1999, or
the execution of a final Agreement under paragraph (3)
below, whichever comes first, the following conditions shall
apply:
‘‘(A) As of July 23, 1997, Phelps Dodge shall
vacate the reservation and no longer rely upon per-
mit #2000089, dated July 25, 1944, except as pro-
vided in subparagraph (F) and the Tribe will stay
any further prosecution of any claims or suits filed
by the Tribe in any court with respect to the Black
River facilities or the flowage of water on Eagle
Creek. The United States, with the permission of the
Tribe, shall enter and operate the Black River pump
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and related facilities without charge, and Phelps
Dodge shall pay a monthly right-of-way fee to the
Tribe of $5000 per month, with an annual CPI ad-
justment.
‘‘(E) Any questions regarding the water claims
associated with Phelps Dodge’s use of the Eagle
Creek wellfield, its diversions of surface water from
Eagle Creek, the San Francisco River, Chase Creek,
and/or its use of other water supplies are not ad-
dressed in this title. No provision in this subsection
shall affect or be construed to affect any claims by
the Tribe, the United States, or Phelps Dodge to
groundwater or surface water.
‘‘(F) If a final agreement is not reached by
March 31, 1999, the terms set forth in subpara-
graphs (A) through (E) shall no longer apply. Under
such circumstances, the occupancy of the Black
River facilities shall revert to Phelps Dodge on
March 31, 1999, and the Tribe and/or Phelps Dodge
shall be free to prosecute litigation regarding the va-
lidity of Phelps Dodge use of the Black River facili-
ties. In any such event, the Tribe, the United States,
and Phelps Dodge shall have the same rights with
respect to the Black River facilities as each had
prior to the enactment of this subsection and noth-
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ing in this subsection shall be construed as altering
or affecting such rights nor shall anything herein be
admissible or otherwise relevant for the purpose of
determining any of their respective rights.
‘‘(3)
FINAL
AGREEMENT.—The
United
States,
Phelps Dodge, and the Tribe intend to enter into a Final
Agreement on or before March 31, 1999, which Agreement
shall include the following terms:
‘‘(A) The United States shall hold the Black
River facilities in trust for the Tribe, without cost to
the Tribe or the United States.
‘‘(B) Responsibility for operation of the Black
River facilities shall be transferred from the United
States to the Tribe. The United States shall train
Tribal members during the Interim Period, and the
responsibility to operate the Black River facilities
shall be transferred upon satisfaction of two condi-
tions: (i) entry of the Final Agreement described in
this subsection; and (ii) a finding by the United
States that the Tribe has completed necessary train-
ing and is qualified to operate the Black River facili-
ties.
‘‘(C) Power lines currently operated by Phelps
Dodge on the Tribe’s Reservation, and the right of
way associated with such power lines, shall be sur-
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rendered by Phelps Dodge to the Tribe, without cost
to the Tribe. Concurrently with the transfer of the
power lines and the right of way, Phelps Dodge shall
construct a switch station at the boundary of the
reservation at which the Tribe may switch power on
or off and shall deliver ownership and control of
such switch station to the Tribe. Subsequent to the
transfer of the power lines and the right of way and
the delivery of ownership and control of the switch
station to the Tribe, Phelps Dodge shall have no fur-
ther obligation or liability of any nature with respect
to the ownership, operation or maintenance of the
power lines, the right of way or the switch station.
‘‘(D) The Tribe and Phelps Dodge intend to
enter into a contract covering the lease and delivery
of CAP water from the Tribe to Phelps Dodge on
the terms recommended by the United States, the
trustee for the Tribe. Water for delivery to Phelps
Dodge from the Black River shall not exceed an an-
nual average of 40 acre feet per day, or 14,000 acre
feet per year. All diversions from Black River to
Phelps Dodge shall be junior to the Tribe’s right to
divert and use of 7300 acre feet per year for the
San Carlos Apache Tribe, and no such diversions for
Phelps Dodge shall cause the flow of Black River to
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fall below 20 cubic feet per second. It is intended
that the water subject to the contract shall be CAP
water that is controlled by the Tribe. The Tribe and/
or the United States intend to enter into an ex-
change agreement with the Salt River Project which
will deliver CAP water to the Salt River Project in
return for the diversion of water from the Black
River into the Black River facilities. The lease and
delivery contract between Phelps Dodge and the
Tribe is intended to be based on a long-term lease
of CAP water at prevailing market rates for munici-
pal and industrial uses of CAP water. The parties
will discuss the potential imposition of capital costs
as part of the contract. It is intended that the con-
tract price shall include operation, maintenance and
replacement (OM&R) charges associated with the
leased CAP water, and it is intended that the con-
tract will take into account reasonable charges asso-
ciated with the Tribe’s operations and maintenance
of the Black River facilities, and a credit for power
provided for such facilities. It is intended that the
water delivered under this contract will be utilized in
the Morenci mine complex and the towns of Clifton
and Morenci, and for no other purpose.
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‘‘(E) Any questions regarding the water claims
associated with Phelps Dodge’s use of the Eagle
Creek wellfield, its diversions of surface water from
lower Eagle Creek, the San Francisco River, Chase
Creek, and/or its use of other groundwater supplies
are not addressed by this title. No provision in this
subsection shall affect or be construed to affect any
claims by the Tribe, the United States, or Phelps
Dodge to groundwater or surface water.
‘‘(4) EAGLE CREEK.—From the effective date of this
subsection, the Tribe covenants not to impede, restrict, or
sue the United States regarding, the passage of water
from the Black River facilities into those portions of the
channels of Willow Creek and Eagle Creek which flow
through the Tribe’s lands. The Tribe covenants not to im-
pede, restrict, or sue Phelps Dodge regarding, the passage
of historic maximum flows, less transportation losses, from
the existing Phelps Dodge Upper Eagle Creek Wellfield,
except that (i) Phelps Dodge shall pay to the United
States, for delivery to the Tribe, $5000 per month, with
an annual CPI adjustment, to account the passage of such
flows; and (ii) the Tribe and the United States reserve
the right to challenge Phelps Dodge’s claims regarding the
pumping of groundwater from the upper Eagle Creek
wellfield, in accordance with paragraphs (2)(E) and (3)(E)
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above. Nothing in this subsection shall affect or be con-
strued to affect the rights of the United States, the Tribe,
or Phelps Dodge to flow water in the channel of Eagle
Creek in the absence of this subsection.
‘‘(5) RELATIONSHIP TO SETTLEMENT.—In the event
that Phelps Dodge and the Tribe execute a Final Agree-
ment pursuant to paragraph (3) on or before March 3,
1999—
‘‘(A) effective on the date of execution of such
Final Agreement, the term ‘Agreement’, as defined
by section 3703(2), shall not include Phelps Dodge;
and
‘‘(B) section 3706(j) shall have no effect.’’.
(f) REPEAL.—Subsection (f) of section 3705 of such
Act is hereby repealed.
(g) TECHNICAL AMENDMENT.—Section 3702(a)(3) is
amended by striking ‘‘qualification’’ and inserting ‘‘quan-
tification’’.
CHAPTER 5
DEPARTMENT OF TRANSPORTATION
COAST GUARD
RETIRED PAY
For
an
additional
amount
for
‘‘Retired
Pay’’,
$4,200,000.
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FEDERAL AVIATION ADMINISTRATION
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)
For additional necessary expenses for ‘‘Facilities and
Equipment’’, $40,000,000, to be derived from the Airport
and Airway Trust Fund and to remain available until ex-
pended: Provided, That these funds shall only be available
for non-competitive contracts or cooperative agreements
with air carriers and airport authorities, which provide for
the Federal Aviation Administration to purchase and as-
sist in installation of advanced security equipment for the
use of such entities.
FEDERAL HIGHWAY ADMINISTRATION
FEDERAL-AID HIGHWAYS
EMERGENCY RELIEF PROGRAM
(HIGHWAY TRUST FUND)
For an additional amount for the Emergency Relief
Program for emergency expenses resulting from flooding
and other natural disasters, as authorized by 23 U.S.C.
125, $650,000,000, to be derived from the Highway Trust
Fund and to remain available until expended, of which
$374,000,000 shall be available only to the extent an offi-
cial 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
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Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress:
Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to sec-
tion 251(b)(2)(D)(i) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended: Provided
further, That 23 U.S.C. 125(b)(1) shall not apply to
projects resulting from the December 1996 and January
1997 flooding in the western States: Provided further,
That notwithstanding any other provision of law, a project
to repair or reconstruct any portion of a Federal-aid pri-
mary route in San Mateo County, California, which was
destroyed as a result of a combination of storms in the
winter of 1982–1983 and a mountain slide which, until
its destruction, had served as the only reasonable access
between two cities and as the designated emergency evacu-
ation route of one such cities shall be eligible for assist-
ance under this head.
FEDERAL-AID HIGHWAYS
(HIGHWAY TRUST FUND)
The limitation under this heading in Public Law
104–205 is increased by $318,077,043: Provided, That
notwithstanding any other provision of law, such addi-
tional authority shall be distributed to ensure that States
receive amounts that they would have received had the
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Highway Trust Fund fiscal year 1995 income statement
not been revised on December 24, 1996.
FEDERAL RAILROAD ADMINISTRATION
EMERGENCY RAILROAD REHABILITATION AND REPAIR
For necessary expenses to repair and rebuild freight
rail lines of regional and short line railroads damaged as
a result of the floods in the northern plains States in the
spring of 1997, $10,000,000, to be awarded subject to the
discretion of the Secretary on a case-by-case basis: Pro-
vided, That funds provided under this head shall be avail-
able for rehabilitation of railroad rights-of-way which are
part of the general railroad system of transportation, and
primarily used by railroads to move freight traffic: Pro-
vided further, That railroad rights-of-way owned by class
I railroads, passenger railroads, or by tourist, scenic, or
historic railroads are not eligible for funding under this
section: Provided further, That these funds shall be avail-
able only to the extent an official budget request, for a
specific dollar amount, that includes designation of the en-
tire amount as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended, is transmitted by the President to
the Congress: Provided further, That the entire amount
is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced
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Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That all funds made available
under this head are to remain available until September
30, 1997.
RELATED AGENCY
NATIONAL TRANSPORTATION SAFETY BOARD
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’, for emergency expenses resulting from the crash-
es of TWA Flight 800 and ValuJet 592, and for assistance
to families of victims of aviation accidents as authorized
by
Public
Law
105–265,
$23,300,000,
of
which
$4,877,000 shall remain available until expended: Pro-
vided, That these funds shall be available only to the ex-
tent an official budget request, for a specific dollar
amount, that includes designation of the entire amount as
an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress:
Provided further, That the entire amount is designated by
Congress as an emergency requirement pursuant to sec-
tion 251(b)(2)(D)(i) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended: Provided
further, That notwithstanding any other provision of law,
up to $10,330,000 shall be provided by the National
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Transportation Safety Board to the Department of the
Navy as reimbursement for costs incurred in connection
with recovery of wreckage from TWA Flight 800 and shall
be credited to the appropriation contained in the Omnibus
Consolidated Appropriations Act, 1997, which is available
for the same purpose as the appropriation originally
charged for the expense for which the reimbursements are
received, to be merged with, and to be available for the
same purpose as the appropriation to which such reim-
bursements are credited: Provided further, That notwith-
standing any other provision of law, of the amount pro-
vided $3,100,000 shall be made available to Metropolitan
Dade County, Florida as reimbursement for costs incurred
in connection with the crash of ValuJet Flight 592: Pro-
vided further, That, notwithstanding any other provision
of law, of the unobligated balances under this heading
from amounts made available in this or any other Act for
fiscal year 1997 or any prior fiscal year, $300,000 shall
be made available to Monroe County, Michigan, as reim-
bursement for costs incurred in connection with the crash
of Comair Flight 3272.
GENERAL PROVISIONS, CHAPTER 5
SEC. 501. In title I of Public Law 104–205, under
the heading ‘‘Federal Transit Administration, Discre-
tionary Grants’’, strike ‘‘$661,000,000 for the DeKalb
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County, Georgia light rail project;’’ and insert ‘‘$661,000
for the DeKalb County, Georgia light rail project;’’.
SEC. 502. In section 325 of title III of Public Law
104–205, strike ‘‘That in addition to amounts otherwise
provided in this Act, not to exceed $3,100,000 in expenses
of the Bureau of Transportation Statistics necessary to
conduct activities related to airline statistics may be in-
curred, but only to the extent such expenses are offset by
user fees charged for those activities and credited as off-
setting collections.’’.
SEC. 503. Section 410(j) of title 23, United States
Code, is amended by striking the period after ‘‘1997’’ and
inserting ‘‘, and an additional $500,000 for fiscal year
1997.’’.
SEC. 504. Section 30308(a) of title 49, United States
Code, is amended by striking ‘‘and 1996’’ and inserting
‘‘, 1996, and 1997’’.
CHAPTER 6
UNITED STATES POSTAL SERVICE
PAYMENTS TO THE POSTAL SERVICE
PAYMENT TO THE POSTAL SERVICE FUND
For an additional amount for the Postal Service
Fund for revenue foregone on free and reduced rate mail,
$5,300,000.
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COUNTER-TERRORISM AND DRUG LAW
ENFORCEMENT
DEPARTMENT OF THE TREASURY
UNITED STATES CUSTOMS SERVICE
SALARIES AND EXPENSES
Of the funds made available under this heading in
Public Law 104–208, $16,000,000 shall be available until
September 30, 1998 to develop further the Automated
Targeting System.
GENERAL PROVISION, CHAPTER 6
SEC. 601. CLARIFYING CONGRESSIONAL INTENT RE-
SPECTING PROCUREMENT
OF DISTINCTIVE CURRENCY
PAPER.—In fiscal year 1997 and thereafter—
(1) for the purposes of section 622(a) of Public
Law 100–202, a corporation or other entity shall be
not deemed to be owned or controlled by persons not
citizens of the United States, if—
(A) that corporation or entity is created
under the laws of the United States or any one
of its States or other territories and posses-
sions; and
(B) more than 50 percent of that corpora-
tion or entity is held by United States citizens;
and
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(2) the Secretary of the Treasury shall use the
authority provided under Federal Acquisition Regu-
lation, Part 45.302.1(c) and Part 45.302.1(a)(4) to
induce competition, to a level the Secretary deter-
mines is appropriate, among those desiring to pro-
vide distinctive currency paper to the United States.
CHAPTER 7
DEPARTMENT OF VETERANS AFFAIRS
VETERANS BENEFITS ADMINISTRATION
COMPENSATION AND PENSIONS
For an additional amount for ‘‘Compensation and
pensions’’, $753,000,000, to remain available until ex-
pended.
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
HOUSING PROGRAMS
PRESERVING EXISTING HOUSING INVESTMENT
For an additional amount for ‘‘Preserving existing
housing investment’’, to be made available for use in con-
junction with properties that are eligible for assistance
under the Low-Income Housing Preservation and Resi-
dent Homeownership Act of 1990 or the Emergency Low
Income Housing Preservation Act of 1987, $3,500,000,
to remain available until expended: Provided, That up to
such amount shall be for a project in Syracuse, New York,
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the processing for which was suspended, deferred or inter-
rupted for a period of nine months or more because of
differing interpretations, by the Secretary of Housing and
Urban Development and an owner, concerning the timing
of the ability of an uninsured section 236 property to pre-
pay, or by the Secretary and a State rent regulatory agen-
cy concerning the effect of a presumptively applicable
State rent control law or regulation on the determination
of preservation value under section 213 of such Act, if the
owner of such project filed a notice of intent to extend
the low-income affordability restrictions of the housing on
or before August 23, 1993, and the Secretary approved
the plan of action on or before July 25, 1996.
DRUG ELIMINATION GRANTS FOR LOW-INCOME
HOUSING
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Drug Elimination
Grants for Low-Income Housing’’ for activities authorized
under 42 U.S.C. 11921–25, $30,200,000, to remain avail-
able until expended, and to be derived by transfer from
the Homeownership and Opportunity for People Every-
where Grants account.
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COMMUNITY PLANNING AND DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANTS FUND
For an additional amount for ‘‘Community develop-
ment block grants fund’’ as authorized under title I of the
Housing and Community Development Act of 1974,
$500,000,000, to remain available until September 30,
2000, for use only for buy-outs, relocation, long-term re-
covery, and mitigation in communities affected by the
flooding in the upper Midwest and other disasters in fiscal
year 1997 and such natural disasters designated 30 days
prior to the start of fiscal year 1997: Provided, That in
administering these amounts, the Secretary 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 Secretary or the use
by the recipient of these funds, except for statutory re-
quirements related to civil rights, fair housing and non-
discrimination, the environment, and labor standards,
upon a finding that such waiver is required to facilitate
the use of such funds, and would not be inconsistent with
the overall purpose of the statute: Provided further, That
the Secretary of Housing and Urban Development shall
publish a notice in the Federal Register governing the use
of community development block grant funds in conjunc-
tion with any program administered by the Director of the
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Federal Emergency Management Agency for buyouts for
structures in disaster areas: Provided further, That for any
funds under this head used for buyouts in conjunction
with any program administered by the Director of the
Federal Emergency Management Agency, each State or
unit of general local government requesting funds from the
Secretary of Housing and Urban Development for buyouts
shall submit a plan to the Secretary which must be ap-
proved by the Secretary as consistent with the require-
ments of this program: Provided further, That the Sec-
retary of Housing and Urban Development and the Direc-
tor of the Federal Emergency Management Agency shall
submit quarterly reports to the House and Senate Com-
mittees on Appropriations on all disbursement and use of
funds for or associated with buyouts: Provided further,
That, hereafter, for any amounts made available under
this head and for any amounts made available for any fis-
cal year under title I of the Housing and Community De-
velopment Act of 1974 that are used in communities af-
fected by the flooding and disasters referred to in this
head for activities to address the damage resulting from
such flooding and disasters, the Secretary of Housing and
Urban Development shall waive the requirement under
such title that the activities benefit persons of low- and
moderate-income and the requirements that grantees and
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units of general local government hold public hearings:
Provided further, That, hereafter, for any amounts made
available for any fiscal year under the HOME Investment
Partnerships Act that are used in communities affected
by the flooding and disasters referred to in this head to
assist housing used as temporary housing for families af-
fected by such flooding and disasters, the Secretary of
Housing and Urban Development shall waive (during the
period, and to the extent, that such housing is used for
such temporary housing) the requirements that the hous-
ing meet the income targeting requirements under section
214 of such Act, the requirements that the housing qualify
as affordable housing under section 215 of such Act, and
the requirements for documentation regarding family in-
come and housing status and shall permit families to self-
certify such information: Provided further, That the Sec-
retary of Housing and Urban Development may make a
grant from the amount provided under this head to restore
electrical and natural gas service to areas damaged by the
flooding and natural disasters: Provided further, That the
entire amount made available under this head is des-
ignated by the 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.
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INDEPENDENT AGENCIES
ENVIRONMENTAL PROTECTION AGENCY
BUILDINGS AND FACILITIES
From the amounts appropriated under this heading
in prior appropriation Acts for the Center for Ecology Re-
search and Training (CERT), the Environmental Protec-
tion Agency (EPA) shall, after the closing of the period
for filing CERT-related claims pursuant to the Uniform
Relocation Assistance and Real Property Acquisition Poli-
cies Act of 1970 (42 U.S.C. 4601 et seq.), obligate the
maximum amount of funds necessary to settle all out-
standing 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 rehabili-
tation of publicly owned real property included in the
boundaries of the CERT project.
FEDERAL EMERGENCY MANAGEMENT AGENCY
DISASTER RELIEF
For an additional amount for ‘‘Disaster Relief ’’,
$3,567,677,000 (reduced by $500,000,000) to remain
available until expended: Provided, That $2,387,677,000
shall become available for obligation on September 30,
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1997: Provided further, That the entire amount is des-
ignated 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.
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’, $5,000,000.
NATIONAL FLOOD INSURANCE FUND
In the case only of new contracts for flood insurance
coverage under the National Flood Insurance Act of 1968
entered into during the period beginning on January 1,
1997, and ending on June 30, 1997, and any modifica-
tions to coverage under existing contracts made during
such period, section 1306(c)(1) of such Act (42 U.S.C.
4013(c)(1)) shall be applied by substituting ‘‘15-day pe-
riod’’ for ‘‘30-day period’’.
CHAPTER 8
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: Provided, That
in addition to activities described in subsections (c)(1) and
(c)(2) of section 793, the Secretary may use these funds
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for the Special Supplemental Nutrition Program for
Women, Infants, and Children (WIC).
NATURAL RESOURCES CONSERVATION SERVICE
WETLANDS RESERVE PROGRAM
Of the funds made available in Public Law 104–37
for the Wetlands Reserve Program, $19,000,000 may not
be obligated: Provided, That none of the funds made avail-
able in Public Law 104–37 for this account may be obli-
gated after September 30, 1997.
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
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 emerg-
ing democracies facilities guarantees at a level which ex-
ceeds $3,500,000,000.
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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 Gen-
eral on October 1, 1996, from surplus balances declared
in prior years pursuant to 28 U.S.C. 524(c), authority to
obligate $3,000,000 of such funds in fiscal year 1997 is
rescinded.
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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.
NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION
FLEET MODERNIZATION, SHIPBUILDING AND
CONVERSION
(RESCISSION)
Of the unobligated balances available under this
heading, $2,000,000 are rescinded.
RELATED AGENCIES
FEDERAL COMMUNICATIONS COMMISSION
SALARIES AND EXPENSES
(RESCISSION)
Of the unobligated balances available under this
heading, $1,000,000 are rescinded.
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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, $22,532,000 are re-
scinded.
DEPARTMENT OF ENERGY
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: Provided, That funds made available in pre-
vious appropriations Acts shall be available for any ongo-
ing project regardless of the separate request for proposal
under which the project was selected.
STRATEGIC PETROLEUM RESERVE
(RESCISSION)
Of the funds made available under this heading in
previous appropriations Acts, $11,000,000 are rescinded.
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GENERAL SERVICES ADMINISTRATION
FEDERAL BUILDINGS FUND
(LIMITATIONS ON AVAILABILITY OF REVENUE)
(RESCISSION)
Of the funds made available under this heading for
‘‘Repairs and Alterations, Basic Repairs and Alterations,’’
in Public Law 104–208, $1,400,000 is rescinded: Pro-
vided, That these funds shall be reduced from the amounts
made available for the renovation of the Agricultural Re-
search Service Laboratory in Ames, Iowa.
EXPENSES, PRESIDENTIAL TRANSITION
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–208, $5,600,000 are rescinded.
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
HOUSING PROGRAMS
ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING
(RESCISSION)
Of the amounts recaptured under this heading during
fiscal year 1997 and prior years, with the exception of the
recaptures specified in section 214 of Public Law 104–
204, $3,823,440,000 are rescinded: Provided, That of this
amount, the Secretary of Housing and Urban Develop-
ment shall recapture $3,573,440,000 in amounts here-
tofore made available to housing agencies for tenant-based
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assistance under the section 8 existing housing certificate
and housing voucher programs (42 U.S.C. 1437f and
1437f(o) respectively): Provided further, That the fore-
going recaptures shall be from amounts in the annual con-
tributions contract (ACC) reserve accounts established
and maintained by HUD.
INDEPENDENT AGENCIES
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
NATIONAL AERONAUTICAL FACILITIES
(RESCISSION)
Of the funds made available under this heading in
the Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appro-
priations Act, 1995 (Public Law 103–327), $38,000,000
is rescinded.
COMMISSION ON THE ADVANCEMENT OF FEDERAL LAW
ENFORCEMENT
For an additional amount for the operations of the
Commission on the Advancement of Federal Law Enforce-
ment, $2,000,000, to remain available until expended.
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TITLE II
EMERGENCY SUPPLEMENTAL APPROPRIATIONS
FOR PEACEKEEPING
CHAPTER 1
DEPARTMENT OF DEFENSE—MILITARY
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For an additional amount for ‘‘Military Personnel,
Army’’, $306,800,000: Provided, That such amount is des-
ignated 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.
MILITARY PERSONNEL, NAVY
For an additional amount for ‘‘Military Personnel,
Navy’’, $7,900,000: Provided, That such amount is des-
ignated 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.
MILITARY PERSONNEL, MARINE CORPS
For an additional amount for ‘‘Military Personnel,
Marine Corps’’, $300,000: Provided, That such amount is
designated by Congress as an emergency requirement pur-
suant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
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MILITARY PERSONNEL, AIR FORCE
For an additional amount for ‘‘Military Personnel,
Air Force’’, $29,100,000: Provided, That such amount is
designated by Congress as an emergency requirement pur-
suant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
OPERATION AND MAINTENANCE
OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Overseas Contingency
Operations Transfer Fund’’, $1,566,300,000: Provided,
That the Secretary of Defense may transfer these funds
only to operation and maintenance and DoD working cap-
ital fund accounts: Provided further, That the funds trans-
ferred shall be merged with and shall be available for the
same purposes and for the same time period, as the appro-
priation to which transferred: Provided further, That the
transfer authority provided in this paragraph is in addi-
tion to any other transfer authority available to the De-
partment of Defense: Provided further, That such 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.
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OPLAN 34A/35 P.O.W. PAYMENTS
For payments to individuals under section 657 of
Public Law 104–201, $20,000,000, to remain available
until expended.
REVOLVING AND MANAGEMENT FUNDS
RESERVE MOBILIZATION INCOME INSURANCE FUND
For an additional amount for the Reserve Mobiliza-
tion Income Insurance Fund, $72,000,000, to remain
available until expended: Provided, 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, CHAPTER 1
SEC. 2101. No part of any appropriation contained
in this title shall remain available for obligation beyond
the current fiscal year, unless expressly so provided herein.
(TRANSFER OF FUNDS)
SEC. 2102. The Secretary of the Navy shall transfer
up to $23,000,000 to ‘‘Operation and Maintenance, Ma-
rine Corps’’ from the following accounts in the specified
amounts, to be available only for repairing damage caused
by hurricanes, flooding, and other natural disasters during
1996 and 1997 to real property and facilities at Marine
Corps facilities (including Camp Lejeune, North Carolina;
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Cherry Point, North Carolina; and the Mountain Warfare
Training Center, Bridgeport, California):
‘‘Military
Personnel,
Marine
Corps’’,
$4,000,000;
‘‘Operation and Maintenance, Marine Corps’’,
$11,000,000;
‘‘Procurement of Ammunition, Navy and Ma-
rine Corps, 1996/1998’’, $4,000,000; and
‘‘Procurement,
Marine
Corps,
1996/1998’’,
$4,000,000.
SEC. 2103. In addition to the amounts appropriated
in title VI of the Department of Defense Appropriations
Act, 1997 (as contained in section 101(b) of Public Law
104–208), under the heading ‘‘Defense Health Program’’,
$21,000,000 is hereby appropriated and made available
only for the provision of direct patient care at military
treatment facilities.
SEC. 2104. In addition to the amounts appropriated
in title II of the Department of Defense Appropriations
Act, 1997 (as contained in section 101(b) of Public Law
104–208), under the heading ‘‘Operation and Mainte-
nance, Defense-Wide’’, $10,000,000 is hereby appro-
priated and made available only for force protection and
counter-terrorism initiatives.
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SEC. 2105. Without prior and specific written ap-
proval from the Appropriations Committees of Congress,
none of the funds appropriated in this or any other Act
for any fiscal year may be used to compensate military
personnel or civilian employees who (1) are newly assigned
to or newly employed by the Office of the Assistant Sec-
retary of the Navy (Financial Management and Comptrol-
ler) on or after May 1, 1997, (2) occupy positions in the
Department of the Navy’s Financial Management/Comp-
troller organization on May 1, 1997 and who are subse-
quently reassigned to another organization in the Navy for
the purpose of compensation yet who otherwise continue
to be directed by or report to the Department of the Navy
Financial Management/Comptroller organization, or (3)
are temporarily assigned from other Department of De-
fense organizations to the Department of the Navy Finan-
cial Management/Comptroller organization on or after
May 1, 1997: Provided, That the preceding limitations
shall also apply to funds for compensation of military per-
sonnel or civilian employees in the organization of the
Deputy Chief of Naval Operations (Resources, Warfare
Requirements, and Assessments) whose primary function
is budgeting or financial management: Provided further,
That none of the funds in this or any other Act for any
fiscal year may be used to reprogram funds within any
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Navy appropriation (other than Military Construction and
Military Family Housing) under the authority of Depart-
ment of Defense Financial Management Regulation with-
out prior written approval from the Appropriations Com-
mittees of Congress.
CHAPTER 2
GENERAL PROVISIONS
(RESCISSIONS)
SEC. 2201. Of the funds provided in the Department
of Defense Appropriations Act, 1997 (as contained in sec-
tion 101(b) of Public Law 104–208), amounts are hereby
rescinded from the following accounts in the specified
amounts to reflect savings from revised economic assump-
tions (with each such reduction to be applied proportion-
ally to each budget activity, activity group, and subactivity
group within each such account):
‘‘Operation
and
Maintenance,
Army’’,
$19,000,000;
‘‘Operation
and
Maintenance,
Navy’’,
$24,000,000;
‘‘Operation
and
Maintenance,
Air
Force’’,
$18,000,000;
‘‘Operation and Maintenance, Defense-Wide’’,
$8,000,000;
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‘‘Operation and Maintenance, Army Reserve’’,
$1,000,000;
‘‘Operation and Maintenance, Navy Reserve’’,
$1,000,000;
‘‘Operation and Maintenance, Air Force Re-
serve’’, $1,000,000;
‘‘Operation and Maintenance, Army National
Guard’’, $2,000,000;
‘‘Operation
and
Maintenance,
Air
National
Guard’’, $3,000,000;
‘‘Drug Interdiction and Counter-Drug Activi-
ties, Defense’’, $2,000,000;
‘‘Environmental Restoration, Army’’, $250,000;
‘‘Environmental Restoration, Navy’’, $250,000;
‘‘Environmental
Restoration,
Air
Force’’,
$250,000;
‘‘Environmental
Restoration,
Formerly
Used
Defense Sites’’, $250,000;
‘‘Former
Soviet
Union
Threat
Reduction’’,
$2,000,000;
‘‘Defense Health Program’’, $10,000,000;
‘‘Aircraft Procurement, Army’’, $8,000,000;
‘‘Missile Procurement, Army’’, $2,000,000;
‘‘Procurement of Weapons and Tracked Combat
Vehicles, Army’’, $5,000,000;
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‘‘Procurement
of
Ammunition,
Army’’,
$1,000,000;
‘‘Other Procurement, Army’’, $15,000,000;
‘‘Aircraft Procurement, Navy’’, $28,000,000;
‘‘Weapons Procurement, Navy’’, $6,000,000;
‘‘Shipbuilding
and
Conversion,
Navy’’,
$33,000,000;
‘‘Other Procurement, Navy’’, $8,000,000;
‘‘Aircraft
Procurement,
Air
Force’’,
$20,000,000;
‘‘Missile
Procurement,
Air
Force’’,
$11,000,000;
‘‘Other Procurement, Air Force’’, $7,000,000;
‘‘Procurement, Defense-Wide’’, $5,000,000;
‘‘National
Guard
and
Reserve
Equipment’’,
$8,000,000;
‘‘Chemical Agents and Munitions Destruction,
Defense’’, $2,000,000;
‘‘Research, Development, Test and Evaluation,
Army’’, $10,000,000;
‘‘Research, Development, Test and Evaluation,
Navy’’, $9,000,000;
‘‘Research, Development, Test and Evaluation,
Air Force’’, $22,000,000; and
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‘‘Research, Development, Test and Evaluation,
Defense-Wide’’, $15,000,000.
(RESCISSIONS)
SEC. 2202. Of the funds provided in the Department
of Defense Appropriations Act, 1997 (as contained in sec-
tion 101(b) of Public Law 104–208), amounts related to
foreign currency are hereby rescinded from the following
accounts in the specified amounts, except as otherwise
provided by law, to reflect savings from revised foreign
currency exchange rates:
‘‘Military Personnel, Army’’, $37,000,000;
‘‘Military Personnel, Navy’’, $9,000,000;
‘‘Military Personnel, Air Force’’, $12,000,000;
‘‘Operation
and
Maintenance,
Army’’,
$124,000,000;
‘‘Operation
and
Maintenance,
Navy’’,
$22,000,000;
‘‘Operation
and
Maintenance,
Air
Force’’,
$79,000,000;
‘‘Operation and Maintenance, Defense-Wide’’,
$14,000,000; and
‘‘Defense Health Program’’, $11,000,000.
(RESCISSIONS)
SEC. 2203. Of the funds provided in previous Depart-
ment of Defense Appropriations Acts, amounts only asso-
ciated with unobligated balances expected to expire at the
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end of the current fiscal year are hereby rescinded from
the following accounts in the specified amounts:
‘‘Aircraft
Procurement,
Army,
1995/1997’’,
$1,085,000;
‘‘Missile
Procurement,
Army,
1995/1997’’,
$2,707,000;
‘‘Procurement of Weapons and Tracked Combat
Vehicles, Army, 1995/1997’’, $2,296,000;
‘‘Procurement of Ammunition, Army, 1995/
1997’’, $3,236,000;
‘‘Other
Procurement,
Army,
1995/1997’’,
$2,502,000;
‘‘Aircraft
Procurement,
Navy,
1995/1997’’,
$34,000,000;
‘‘Weapons
Procurement,
Navy,
1995/1997’’,
$16,000,000;
‘‘Procurement of Ammunition, Navy and Ma-
rine Corps, 1995/1997’’, $812,000;
‘‘Shipbuilding
and
Conversion,
Navy,
1993/
1997’’, $10,000,000;
‘‘Other
Procurement,
Navy,
1995/1997’’,
$4,237,000;
‘‘Procurement,
Marine
Corps,
1995/1997’’,
$1,207,000;
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‘‘Aircraft Procurement, Air Force, 1995/1997’’,
$33,650,000;
‘‘Missile Procurement, Air Force, 1995/1997’’,
$7,195,000;
‘‘Other Procurement, Air Force, 1995/1997’’,
$3,659,000;
‘‘Procurement,
Defense-Wide,
1995/1997’’,
$12,881,000;
‘‘National
Guard
and
Reserve
Equipment,
1995/1997’’, $5,029,000;
‘‘Chemical Agents and Munitions Destruction,
Defense, 1995/1997’’, $456,000;
‘‘Chemical Agents and Munitions Destruction,
Defense, 1996/1997’’, $652,000;
‘‘Research, Development, Test and Evaluation,
Army, 1996/1997’’, $4,366,000;
‘‘Research, Development, Test and Evaluation,
Navy, 1996/1997’’, $14,978,000;
‘‘Research, Development, Test and Evaluation,
Air Force, 1996/1997’’, $28,396,000;
‘‘Research, Development, Test and Evaluation,
Defense-Wide, 1996/1997’’, $55,973,000;
‘‘Developmental Test and Evaluation, Defense,
1996/1997’’, $890,000; and
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‘‘Operational Test and Evaluation, Defense,
1996/1997’’, $160,000.
(RESCISSIONS)
SEC. 2204. Of the funds provided in previous Depart-
ment of Defense Appropriations Acts, funds are hereby
rescinded from the following accounts in the specified
amounts:
‘‘Shipbuilding
and
Conversion,
Navy,
1994/
1998’’, $28,700,000;
‘‘Aircraft Procurement, Air Force, 1995/1997’’,
$14,400,000;
‘‘Missile Procurement, Air Force, 1995/1997’’,
$4,000,000;
‘‘Aircraft
Procurement,
Army,
1996/1998’’,
$18,000,000;
‘‘Procurement of Weapons and Tracked Combat
Vehicles, Army, 1996/1998’’, $26,000,000;
‘‘Procurement of Ammunition, Army, 1996/
1998’’, $34,000,000;
‘‘Other
Procurement,
Navy,
1996/1998’’,
$3,000,000;
‘‘Aircraft Procurement, Air Force, 1996/1998’’,
$52,000,000;
‘‘Other Procurement, Air Force, 1996/1998’’,
$10,000,000;
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‘‘Procurement of Ammunition, Air Force, 1996/
1998’’, $21,100,000;
‘‘Procurement,
Defense-Wide,
1996/1998’’,
$34,800,000;
‘‘Research, Development, Test and Evaluation,
Navy, 1996/1997’’, $4,500,000;
‘‘Research, Development, Test and Evaluation,
Air Force, 1996/1997’’, $2,000,000;
‘‘Research, Development, Test and Evaluation,
Defense-Wide, 1996/1997’’, $71,200,000;
‘‘Developmental Test and Evaluation, Defense,
1996/1997’’, $12,200,000;
‘‘Chemical Agents and Munitions Destruction,
Defense, 1996/1998’’, $22,000,000;
‘‘National
Guard
Personnel,
Air
Force’’,
$7,600,000;
‘‘Operation
and
Maintenance,
Army’’,
$17,000,000;
‘‘Operation and Maintenance, Defense-Wide’’,
$10,000,000;
‘‘Procurement of Ammunition, Army, 1997/
1999’’, $10,000,000;
‘‘Other
Procurement,
Army,
1997/1999’’,
$6,000,000;
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‘‘Aircraft
Procurement,
Navy,
1997/1999’’,
$48,000,000;
‘‘Aircraft Procurement, Air Force, 1997/1999’’,
$35,000,000;
‘‘Missile Procurement, Air Force, 1997/1999’’,
$120,000,000;
‘‘Research, Development, Test and Evaluation,
Army, 1997/1998’’, $15,000,000;
‘‘Research, Development, Test and Evaluation,
Navy, 1997/1998’’, $28,500,000;
‘‘Research, Development, Test and Evaluation,
Air Force, 1997/1998’’, $237,500,000; and
‘‘Research, Development, Test and Evaluation,
Defense-Wide, 1997/1998’’, $100,000,000.
MILITARY CONSTRUCTION
(RESCISSIONS)
SEC. 2205. Of the funds appropriated in the Military
Construction Appropriations Act, 1996 (Public Law 104–
32), amounts are hereby rescinded from the following ac-
counts in the specified amounts:
‘‘Military Construction, Air Force Reserve’’,
$5,000,000;
‘‘Military
Construction,
Defense-wide’’,
$41,000,000;
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‘‘Base Realignment and Closure Account, Part
II’’, $35,391,000;
‘‘Base Realignment and Closure Account, Part
III’’, $75,638,000; and
‘‘Base Realignment and Closure Account, Part
IV’’, $22,971,000.
CHAPTER 3
GENERAL PROVISIONS
MILITARY CONSTRUCTION, NAVY
(RESCISSION)
SEC. 2301. Of the funds appropriated for ‘‘Military
Construction,
Navy’’
under
Public
Law
103–307,
$6,480,000 is hereby rescinded.
FAMILY HOUSING, NAVY AND MARINE CORPS
SEC. 2302. For an additional amount for ‘‘Family
Housing, Navy and Marine Corps’’ to cover the incremen-
tal Operation and Maintenance costs arising from hurri-
cane damage to family housing units at Marine Corps
Base Camp Lejeune, North Carolina and Marine Corps
Air Station Cherry Point, North Carolina, $6,480,000, as
authorized by 10 U.S.C. 2854.
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TITLE III
GENERAL PROVISIONS—THIS ACT
SEC. 3001. No part of any appropriation contained
in this Act shall remain available for obligation beyond
the current fiscal year unless expressly so provided herein.
ASSISTANCE TO UKRAINE
SEC. 3002. (a) The President may waive any of the
earmarks contained in subsections (k) and (l) under the
heading ‘‘Assistance for the New Independent States of
the Former Soviet Union’’ contained in the Foreign Oper-
ations, Export Financing, and Related Programs Appro-
priations Act, 1997, as included in Public Law 104–208,
if he determines, and so reports to the Committees on Ap-
propriations that the Government of Ukraine—
(1) is not making significant progress toward
economic reform and the elimination of corruption;
(2) is not permitting American firms and indi-
viduals to operate in Ukraine according to generally
accepted business principles; or
(3) is not effectively assisting American firms
and individuals in their efforts to enforce commercial
contracts and resist extortion and other corrupt de-
mands.
BUY-AMERICAN REQUIREMENTS
SEC. 3003. (a) COMPLIANCE WITH BUY AMERICAN
ACT.—None of the funds made available in this Act may
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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 REGARD-
ING NOTICE.—
(1) PURCHASE OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS.—In the case of any equipment or
product that may be authorized to be purchased
with financial assistance provided using funds made
available in this Act, it is the sense of the Congress
that entities receiving the assistance should, in ex-
pending 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, the head of each Federal agen-
cy 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 LABELING PRODUCTS AS MADE IN AMERICA.—
If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bear-
ing a ‘‘Made in America’’ inscription, or any inscription
with the same meaning, to any product sold in or shipped
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to the United States that is not made in the United
States, the person shall be ineligible to receive any con-
tract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineli-
gibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.
EXTENSION OF SSI REDETERMINATION PROVISIONS
SEC. 3004. (a) Section 402(a)(2)(D)(i) of the Per-
sonal Responsibility and Work Opportunity Reconciliation
Act of 1996 (8 U.S.C. 1612(a)(2)(D)(i)) is amended—
(1) in subclause (I), by striking ‘‘the date which
is 1 year after such date of enactment,’’ and insert-
ing ‘‘September 30, 1997,’’; and
(2) in subclause (III), by striking ‘‘the date of
the redetermination with respect to such individual’’
and inserting ‘‘September 30, 1997,’’.
(b) The amendment made by subsection (a) shall be
effective as if included in the enactment of section 402
of the Personal Responsibility and Work Opportunity Rec-
onciliation Act of 1996.
JOB OPPORTUNITIES AND BASIC SKILLS
(RECISSION)
SEC. 3005. 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
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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 (l) to which each
State is entitled),’’.
SEC. 3006. (a) Chapter 63 of title 5, United States
Code, is amended by adding after subchapter V the follow-
ing:
‘‘SUBCHAPTER VI—LEAVE TRANSFER IN
DISASTERS AND EMERGENCIES
‘‘§ 6391. Authority for leave transfer program in dis-
asters and emergencies
‘‘(a) For the purpose of this section—
‘‘(1) ‘employee’ means an employee as defined
in section 6331(1); and
‘‘(2) ‘agency’ means an Executive agency.
‘‘(b) In the event of a major disaster or emergency,
as declared by the President, that results in severe adverse
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effects for a substantial number of employees, the Presi-
dent may direct the Office of Personnel Management to
establish an emergency leave transfer program under
which any employee in any agency may donate unused an-
nual leave for transfer to employees of the same or other
agencies who are adversely affected by such disaster or
emergency.
‘‘(c) The Office shall establish appropriate require-
ments for the operation of the emergency leave transfer
program under subsection (b), including appropriate limi-
tations on the donation and use of annual leave under the
program. An employee may receive and use leave under
the program without regard to any requirement that any
annual leave and sick leave to a leave recipient’s credit
must be exhausted before any transferred annual leave
may be used.
‘‘(d) A leave bank established under subchapter IV
may, to the extent provided in regulations prescribed by
the Office, donate annual leave to the emergency leave
transfer program established under subsection (b).
‘‘(e) Except to the extent that the Office may pre-
scribe by regulation, nothing in section 7351 shall apply
to any solicitation, donation, or acceptance of leave under
this section.
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‘‘(f) The Office shall prescribe regulations necessary
for the administration of this section.’’.
(b) The analysis for chapter 63 of title 5, United
States Code, is amended by adding at the end the follow-
ing:
‘‘SUBCHAPTER VI—LEAVE TRANSFER IN DISASTERS AND
EMERGENCIES
‘‘6391. Authority for leave transfer program in disasters and emergencies.’’.
SEC. 3007. USE OF FUNDS FOR STUDIES OF MEDICAL USE
OF MARIJUANA.
None of the funds appropriated by this Act shall be
used for any study of the medicinal use of marijuana.
TITLE IV—COST OF HIGHER EDUCATION
REVIEW
SEC. 4001. 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.
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(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. 4002. 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 Edu-
cation’’ (hereafter in this title referred to as the ‘‘Commis-
sion’’).
SEC. 4003. MEMBERSHIP OF COMMISSION.
(a) APPOINTMENT.—The Commission shall be com-
posed of 7 members as follows:
(1) Two individuals shall be appointed by the
Speaker of the House.
(2) One individual shall be appointed by the Mi-
nority Leader of the House.
(3) Two individuals shall be appointed by the
Majority Leader of the Senate.
(4) One individual shall be appointed by the Mi-
nority Leader of the Senate.
(5) One individual shall be appointed by the
Secretary of Education.
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(b) ADDITIONAL QUALIFICATIONS.—Each of the in-
dividuals appointed under subsection (a) shall be an indi-
vidual with expertise and experience in higher education
finance (including the financing of State institutions of
higher education), Federal financial aid programs, edu-
cation economics research, public or private higher edu-
cation administration, or business executives who have
managed successful cost reduction programs.
(c) CHAIRPERSON AND VICE CHAIRPERSON.—The
members of the Commission shall elect a Chairman and
a Vice Chairperson. In the absence of the Chairperson,
the Vice Chairperson will assume the duties of the Chair-
person.
(d) QUORUM.—A majority of the members of the
Commission shall constitute a quorum for the transaction
of business.
(e) APPOINTMENTS.—All appointments under sub-
section (a) shall be made within 30 days after the date
of enactment of this Act. In the event that an officer au-
thorized to make an appointment under subsection (a) has
not made such appointment within such 30 days, the ap-
pointment may be made for such officer as follows:
(1) the Chairman of the Committee on Edu-
cation and the Workforce may act under such sub-
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section for the Speaker of the House of Representa-
tives;
(2) the Ranking Minority Member of the Com-
mittee 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 sub-
section for the Majority Leader of the Senate; and
(4) the Ranking Minority Member of the Com-
mittee 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 Commission shall receive no additional pay, allow-
ances, or benefits by reason of their service on the Com-
mission. Members appointed from among private citizens
of the United States may be allowed travel expenses, in-
cluding per diem, in lieu of subsistence, as authorized by
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law for persons serving intermittently in the government
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. 4004. FUNCTIONS OF COMMISSION.
(a) SPECIFIC FINDINGS AND RECOMMENDATIONS.—
The Commission shall study and make findings and spe-
cific recommendations regarding the following:
(1) The increase in tuition compared with other
commodities and services.
(2) Innovative methods of reducing or stabiliz-
ing tuition.
(3) Trends in college and university administra-
tive costs, including administrative staffing, ratio of
administrative staff to instructors, ratio of adminis-
trative staff to students, remuneration of adminis-
trative staff, and remuneration of college and univer-
sity presidents or chancellors.
(4) Trends in (A) faculty workload and remu-
neration (including the use of adjunct faculty), (B)
faculty-to-student ratios, (C) number of hours spent
in the classroom by faculty, and (D) tenure prac-
tices, and the impact of such trends on tuition.
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(5) Trends in (A) the construction and renova-
tion of academic and other collegiate facilities, and
(B) the modernization of facilities to access and uti-
lize new technologies, and the impact of such trends
on tuition.
(6) The extent to which increases in institu-
tional financial aid and tuition discounting have af-
fected 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 institu-
tions or major fields of study, and the extent to
which Federal financial 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 re-
ducing 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.
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(10) Trends in State fiscal policies that have af-
fected 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 ap-
propriate 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 Commission, a report
which shall contain a detailed statement of the find-
ings and conclusions of the Commission, including
the Commission’s recommendations for administra-
tive and legislative action that the Commission con-
siders advisable.
(2)
MAJORITY
VOTE
REQUIRED
FOR
REC-
OMMENDATIONS.—Any recommendation described in
paragraph (1) shall be made by the Commission to
the President and to the Congress only if such rec-
ommendation is adopted by a majority vote of the
members of the Commission who are present and
voting.
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(3)
EVALUATION
OF
DIFFERENT
CIR-
CUMSTANCES.—In making any findings under sub-
section (a) of this section, the Commission 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 popu-
lation, and the availability of the institution’s re-
sources, including the size of the institution’s endow-
ment.
SEC. 4005. POWERS OF COMMISSION.
(a) HEARINGS.—The Commission may, for the pur-
pose of carrying 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 Commission’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 re-
quest from the head of any Federal agency or in-
strumentality such information as the Commission
may require for the purpose of this title. Each such
agency or instrumentality shall, to the extent per-
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mitted by law and subject to the exceptions set forth
in section 552 of title 5, United States Code (com-
monly referred to as the Freedom of Information
Act), furnish such information to the Commission,
upon request made by the Chairperson of the Com-
mission.
(2) FACILITIES AND SERVICES, PERSONNEL DE-
TAIL
AUTHORIZED.—Upon request of the Chair-
person of the Commission, the head of any Federal
agency or instrumentality shall, to the extent pos-
sible 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 Com-
mission in carrying out the Commission’s duties
under this title.
(d) MAILS.—The Commission may use the United
States mails in the same manner and under the same con-
ditions 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
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firms, institutions, and individuals for the purpose of con-
ducting research or surveys necessary to enable the Com-
mission 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. 4006. FUNDING OF COMMISSION.
(a) APPROPRIATION.—There is appropriated, out of
any money in the Treasury not otherwise appropriated,
for fiscal year 1997 for carrying out this title, $650,000,
to remain available until expended, or until one year after
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the termination of the Commission pursuant to section
4007, whichever occurs first.
(b) RESCISSION.—Of the funds made available for
‘‘DEPARTMENT OF EDUCATION—Federal Family
Education Loan Program Account’’ in the Departments
of Labor, Health and Human Services, and Education,
and Related Agencies Appropriations Act, 1997 (as con-
tained in section 101(e) of division A of Public Law 104–
208), $849,000 is rescinded.
SEC. 4007. TERMINATION OF COMMISSION.
The Commission shall cease to exist on the date that
is 60 days after the date on which the Commission is re-
quired to submit its final report in accordance with section
4004(b).
TITLE V—PREVENTION OF GOVERNMENT
SHUTDOWN
SHORT TITLE
SEC. 5001. This title may be cited as the ‘‘Govern-
ment Shutdown Prevention Act’’.
CONTINUING FUNDING
SEC. 5002. (a) If any regular appropriation bill for
fiscal year 1998 does not become law prior to the begin-
ning of fiscal year 1998 or a joint resolution making con-
tinuing appropriations is not in effect, there is appro-
priated, out of any moneys in the Treasury not otherwise
appropriated, and out of applicable corporate or other rev-
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enues, receipts, and funds, such sums as may be necessary
to continue any program, project, or activity for which
funds were provided in fiscal year 1997.
(b) Appropriations and funds made available, and au-
thority granted, for a program, project, or activity for fis-
cal year 1998 pursuant to this title shall be at 100 per
cent of the rate of operations that was provided for the
program, project, or activity in fiscal year 1997 in the cor-
responding regular appropriation Act for fiscal year 1997.
(c) Appropriations and funds made available, and au-
thority granted, for fiscal year 1998 pursuant to this title
for a program, project, or activity shall be available for
the period beginning with the first day of a lapse in appro-
priations and ending with the earlier of—
(1) the date on which the applicable regular ap-
propriation bill for fiscal year 1998 becomes law
(whether or not that law provides for that program,
project, or activity) or a continuing resolution mak-
ing appropriations becomes law, as the case may be;
or
(2) the last day of fiscal year 1998.
TERMS AND CONDITIONS
SEC. 5003. (a) An appropriation of funds made avail-
able, or authority granted, for a program, project, or activ-
ity for fiscal year 1998 pursuant to this title shall be made
available to the extent and in the manner which would be
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provided by the pertinent appropriations Act for fiscal
year 1997, including all of the terms and conditions and
the apportionment schedule imposed with respect to the
appropriation made or funds made available for fiscal year
1997 or authority granted for the program, project, or ac-
tivity under current law.
(b) Appropriations made by this title shall be avail-
able to the extent and in the manner which would be pro-
vided by the pertinent appropriations Act.
COVERAGE
SEC. 5004. Appropriations and funds made available,
and authority granted, for any program, project, or activ-
ity for fiscal year 1998 pursuant to this title shall cover
all obligations or expenditures incurred for that program,
project, or activity during the portion of fiscal year 1998
for which this title applies to that program, project, or
activity.
EXPENDITURES
SEC. 5005. Expenditures made for a program,
project, or activity for fiscal year 1998 pursuant to this
title shall be charged to the applicable appropriation, fund,
or authorization whenever a regular appropriation bill or
a joint resolution making continuing appropriations until
the end of fiscal year 1998 providing for that program,
project, or activity for that period becomes law.
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INITIATING OR RESUMING A PROGRAM, PROJECT, OR
ACTIVITY
SEC. 5006. No appropriation or funds made available
or authority granted pursuant to this title shall be used
to initiate or resume any program, project, or activity for
which appropriations, funds, or other authority were not
available during fiscal year 1997.
PROTECTION OF OTHER OBLIGATIONS
SEC. 5007. Nothing in this title shall be construed
to effect Government obligations mandated by other law,
including obligations with respect to Social Security, Medi-
care, Medicaid, and veterans benefits.
DEFINITION
SEC. 5008. In this title, the term ‘‘regular appropria-
tion bill’’ means any annual appropriation bill making ap-
propriations, otherwise making funds available, or grant-
ing authority, for any of the following categories of pro-
grams, projects, and activities:
(1) Agriculture, rural development, and related
agencies programs.
(2) The Departments of Commerce, Justice,
and State, the judiciary, and related agencies.
(3) The Department of Defense.
(4) The government of the District of Columbia
and other activities chargeable in whole or in part
against the revenues of the District.
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(5) The Departments of Labor, Health and
Human Services, and Education, and related agen-
cies.
(6) The Departments of Veterans Affairs and
Housing and Urban Development, and sundry inde-
pendent agencies, boards, commissions, corporations,
and offices.
(7) Energy and water development.
(8) Foreign assistance and related programs.
(9) The Department of the Interior and related
agencies.
(10) Military construction.
(11) The Department of Transportation and re-
lated agencies.
(12) The Treasury Department, the U.S. Postal
Service, the Executive Office of the President, and
certain independent agencies.
(13) The Legislative Branch.
TITLE VI—ADDITIONAL
DISASTER RELIEF PROVISIONS
Subtitle A—Depository Institution
Disaster Relief
SEC. 6001. SHORT TITLE.
This subtitle may be cited as the ‘‘Depository Institu-
tions Disaster Relief Act of 1997’’.
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SEC. 6002. TRUTH IN LENDING ACT; EXPEDITED FUNDS
AVAILABILITY ACT.
(a) TRUTH IN LENDING 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 Truth in Lending Act for trans-
actions 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 Min-
nesota River, and the tributaries of such rivers, if the
Board determines that the exception can reasonably be ex-
pected 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 reasonably
be expected to alleviate hardships to the public resulting
from such disaster that outweigh possible adverse effects.
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(c) TIME LIMIT ON EXCEPTIONS.—Any exception
made under this section shall expire not later than Sep-
tember 1, 1998.
(d) PUBLICATION REQUIRED.—The Board of Gov-
ernors 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. 6003. DEPOSIT OF INSURANCE PROCEEDS.
(a) IN GENERAL.—The appropriate Federal banking
agency may, by order, permit an insured depository insti-
tution 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 attrib-
utable 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 Robert T. Stafford Disas-
ter Relief and Emergency Assistance Act, has
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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 trib-
utaries 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 principal 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 depos-
its; and
(2) the subtraction is consistent with the pur-
pose 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 Feb-
ruary 28, 1999.
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(c) DEFINITIONS.—For purposes of this section:
(1) APPROPRIATE
FEDERAL
BANKING
AGEN-
CY.—The term ‘‘appropriate Federal banking agen-
cy’’ 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 In-
surance 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
PROCEEDS.—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
determination
referred
to
in
subsection
(a)(1)(A), because of the deposit of insurance pay-
ments or governmental assistance made with respect
to damage caused by, or other costs resulting from,
the major disaster.
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SEC.
6004.
BANKING
AGENCY
PUBLICATION
REQUIRE-
MENTS.
(a) IN GENERAL.—A qualifying regulatory agency
may take any of the following actions with respect to de-
pository 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. Staf-
ford 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 au-
thority under provisions of law other than this sec-
tion without complying with—
(A) any requirement of section 553 of title
5, United States Code; or
(B) any provision of law that requires no-
tice or opportunity for hearing or sets maxi-
mum or minimum time limits with respect to
agency action.
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(2) PUBLICATION REQUIREMENTS.—Making ex-
ceptions, with respect to institutions or other entities
for which the agency is the primary Federal regu-
lator, to—
(A) any publication requirement with re-
spect to establishing branches or other deposit-
taking facilities; or
(B) any similar publication requirement.
(b) PUBLICATION REQUIRED.—A qualifying regu-
latory agency shall publish in the Federal Register a state-
ment that—
(1) describes any action taken under this sec-
tion; and
(2) explains the need for the action.
(c) QUALIFYING REGULATORY AGENCY DEFINED.—
For purposes of this section, the term ‘‘qualifying regu-
latory agency’’ means—
(1) the Board of Governors of the Federal Re-
serve System;
(2) the Comptroller of the Currency;
(3) the Director of the Office of Thrift Super-
vision;
(4) the Federal Deposit Insurance Corporation;
(5)
the
Financial
Institutions
Examination
Council;
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(6) the National Credit Union Administration;
and
(7) with respect to chapter 53 of title 31, Unit-
ed States Code, the Secretary of the Treasury.
(d) EXPIRATION.—Any exception made under this
section shall expire not later than February 28, 1998.
SEC. 6005. SENSE OF THE CONGRESS.
It is the sense of the Congress that the Board of Gov-
ernors of the Federal Reserve System, the Comptroller of
the Currency, the Director of the Office of Thrift Super-
vision, the Federal Deposit Insurance Corporation, and
the National Credit Union Administration should encour-
age depository institutions to meet the financial services
needs of their communities and customers located in areas
affected by the 1997 flooding of the Red River of the
North, the Minnesota River, and the tributaries of such
rivers.
SEC. 6006. OTHER AUTHORITY NOT AFFECTED.
No provision of this Act shall be construed as limiting
the authority of any department or agency under any
other provision of law.
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Subtitle B—HUD Disaster Waver
Provision
SEC. 6011. DISASTER WAIVER AUTHORITY.
To address the damage resulting from the con-
sequences of the natural disasters occurring in the winter
of 1996 and 1997 and the spring of 1997 (including severe
weather in the Western United States, damaging torna-
does, and the March 1997 flooding in the Midwest), upon
the request of a recipient of assistance the Secretary of
Housing and Urban Development may, on a case-by-case
basis and upon such other terms as the Secretary may
specify—
(1) in applying section 122 of the Housing and
Community Development Act of 1974, waive (in
whole or in part) the requirements that activities
benefit persons of low- and moderate-income; and
(2) in applying section 290 of the HOME In-
vestment Partnerships Act, waive (in whole or in
part) the requirements that housing qualify as af-
fordable housing.
This Act may be cited as the ‘‘1997 Emergency Sup-
plemental Appropriations Act for Recovery from Natural
Disasters, and for Overseas Peacekeeping Efforts, Includ-
ing Those in Bosnia’’.
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That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, to pro-
vide supplemental appropriations and rescissions for the
fiscal year ending September 30, 1997, and for other pur-
poses, namely:
TITLE I—DEPARTMENT OF DEFENSE
SUPPLEMENTALS
DEPARTMENT OF DEFENSE—MILITARY
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For an additional amount for ‘‘Military Personnel,
Army’’, $306,800,000: Provided, That such 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.
MILITARY PERSONNEL, NAVY
For an additional amount for ‘‘Military Personnel,
Navy’’, $7,900,000: Provided, That such 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.
MILITARY PERSONNEL, MARINE CORPS
For an additional amount for ‘‘Military Personnel,
Marine Corps’’, $300,000: Provided, That such amount is
designated by Congress as an emergency requirement pursu-
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ant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
MILITARY PERSONNEL, AIR FORCE
For an additional amount for ‘‘Military Personnel,
Air Force’’, $29,100,000: Provided, 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.
OPERATION AND MAINTENANCE
OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Overseas Contingency
Operations Transfer Fund’’, $1,312,900,000: Provided,
That the Secretary of Defense may transfer these funds only
to operation and maintenance accounts within this title:
Provided further, That the funds transferred shall be merged
with and shall be available for the same purposes and for
the same time period, as the appropriation to which trans-
ferred: Provided further, That the transfer authority pro-
vided in this paragraph is in addition to any other transfer
authority available to the Department of Defense: Provided
further, That such 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.
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OPLAN 34A/35 POW PAYMENTS
For payments to individuals under section 657 of Pub-
lic Law 104–201, $20,000,000, to remain available until
expended.
REVOLVING AND MANAGEMENT FUNDS
RESERVE MOBILIZATION INCOME INSURANCE FUND
For an additional amount for the ‘‘Reserve Mobiliza-
tion Income Insurance Fund’’, $72,000,000, to remain
available until expended: Provided, 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
(TRANSFER OF FUNDS)
SEC. 101. Upon determination by the Secretary of De-
fense that such action is necessary in the national interest,
he may, with the approval of the Office of Management and
Budget, transfer not to exceed $100,000,000 of working cap-
ital funds of the Department of Defense and funds made
available in Public Law 104–208 to the Department of De-
fense only for obligations incurred for United States par-
ticipation in the Bosnia Stabilization Force (SFOR) and
for the continuation of enforcing the no-fly zones in north-
ern and southern Iraq (except military construction) be-
tween such appropriations or funds or any subdivision
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thereof, to be merged with and to be available for the same
purposes, and for the same time period, as the appropria-
tion or fund to which transferred: Provided, That such au-
thority to transfer may not be used unless for higher prior-
ity items, based on unforeseen military requirements, than
those for which originally appropriated and in no case
where the item for which funds are requested has been de-
nied by Congress: Provided further, That the Secretary of
Defense shall notify the Congress promptly of all transfers
made pursuant to this authority or any other authority in
this Act: Provided further, That this transfer authority is
in addition to transfer authority provided in section 8005
of Public Law 104–208 (110 Stat. 3009–88).
SEC. 102. None of the funds available to the Depart-
ment of Defense shall be obligated or expended to transfer
management, development, and acquisition authority over
the elements of the National Missile Defense Program from
the Military Services until the contract for a Lead System
Integrator for the National Missile Defense Program is
awarded: Provided, That the Joint Requirements Oversight
Council, with the advisement of the Joint Chiefs of Staff,
is directed to conduct an analysis and submit recommenda-
tions as to the recommended future roles of the Services with
respect to the management, technical development, cost,
schedule, and acquisition plan for the elements in the Na-
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tional Missile Defense Program and to certify that the Lead
System Integrator contract will conform to these rec-
ommendations: Provided further, That the analysis and rec-
ommendations shall be submitted to the Congressional De-
fense Committees within 60 days of enactment of this Act.
SEC. 103. In addition to the amounts provided in Pub-
lic Law 104–208, $50,000,000 is appropriated under the
heading ‘‘Overseas Humanitarian, Disaster and Civil Aid’’:
Provided, That, from the funds available under that head-
ing, the Secretary of Defense shall make a grant in the
amount of $50,000,000 to the American Red Cross for reim-
bursement for disaster relief and recovery expenditures.
(TRANSFER OF FUNDS)
SEC. 104. The Secretary of the Navy shall transfer up
to $23,000,000 to ‘‘Operation and Maintenance, Marine
Corps’’ from the following accounts in the specified
amounts, to be available only for reimbursing costs incurred
for repairing damage caused by hurricanes, flooding, and
other natural disasters during 1996 and 1997 to real prop-
erty and facilities at Marine Corps facilities (including
Camp Lejeune, North Carolina; Cherry Point, North Caro-
lina; and the Mountain Warfare Training Center, Bridge-
port, California);
‘‘Military Personnel, Marine Corps’’, $4,000,000;
‘‘Operation and Maintenance, Marine Corps’’,
$11,000,000;
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‘‘Procurement of Ammunition, Navy and Marine
Corps, 1996/1998’’, $4,000,000; and
‘‘Procurement, 
Marine 
Corps, 
1996/1998’’,
$4,000,000.
SEC. 105. For an additional amount for ‘‘Family
Housing, Navy and Marine Corps’’ to cover the incremental
Operation and Maintenance costs arising from hurricane
damage to family housing units at Marine Corps Base
Camp Lejeune, North Carolina and Marine Corps Air Sta-
tion Cherry Point, North Carolina, $6,480,000, as author-
ized by Section 2854 of Title 10, United States Code.
SEC. 106. REPORT ON COST AND SOURCE OF FUNDS FOR
MILITARY ACTIVITIES RELATING TO BOSNIA.
(a) PROHIBITION ON USE OF FUNDS PENDING RE-
PORT.—Notwithstanding any other provision of this Act or
any other provision of law, no funds appropriated or other-
wise made available to the Department of Defense may be
obligated or expended for operations or activities of the
Armed Forces relating to Bosnia 60 days after enactment
unless the President submits to Congress the report de-
scribed in subsection (b): Provided, That none of the funds
made available under this Act may be obligated or expended
for operations or activities of the Armed Forces relating to
Bosnia ground deployment after June 30, 1998.
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(b) REPORT ELEMENTS.—The report referred to in
subsection (a) shall include the following:
(1) A detailed description of the estimated cumu-
lative cost of all United States activities relating to
Bosnia after December 1, 1995, including—
(A) the cost of all deployments, training ac-
tivities, and mobilization and other preparatory
activities of the Armed Forces; and
(B) the cost of all other activities relating to
United States policy toward Bosnia, including
humanitarian assistance, reconstruction assist-
ance, aid and other financial assistance, the re-
scheduling or forgiveness of bilateral or multilat-
eral aid, in-kind contributions, and any other
activities of the United States Government.
(2) A detailed accounting of the source of funds
obligated or expended to meet the costs described in
paragraph (1), including—
(A) in the case of expenditures of funds of
Department of Defense, a breakdown of such ex-
penditures by military service or defense agency,
line item, and program; and
(B) in the case of expenditures of funds of
other departments and agencies of the United
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States, a breakdown of such expenditures by de-
partment or agency and by program.
SEC. 107. Notwithstanding section 3612(a) of title 22,
United States Code, the incumbent may continue to serve
as the Secretary of Defense designee on the Board of the
Panama Canal Commission if he retires as an officer of
the Department of Defense, until and unless the Secretary
of Defense designates another person to serve in this posi-
tion.
SEC. 108. AUTHORITY OF SECRETARY OF DEFENSE TO
ENTER INTO LEASE OF BUILDING NO. 1, LEX-
INGTON BLUE GRASS STATION, LEXINGTON,
KENTUCKY.
(a) AUTHORITY TO ENTER INTO LEASE.—The Sec-
retary of Defense may enter into an agreement for the lease
of Building No. 1, Lexington Blue Grass Station, Lexing-
ton, Kentucky, and any real property associated with the
building, for purposes of the use of the building by the De-
fense Finance and Accounting Service. The agreement shall
meet the requirements of this section.
(b) TERM.—(1) The agreement under this section shall
provide for a lease term of not to exceed 50 years, but may
provide for one or more options to renew or extend the term
of the lease.
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(2) The agreement shall include a provision specifying
that, if the Secretary ceases to require the leased building
for purpose of the use of the building by the Defense Finance
and Accounting Service before the expiration of the term
of the lease (including any extension or renewal of the term
under an option provided for in paragraph (1)), the re-
mainder of the lease term may, upon the approval of the
lessor of the building, be satisfied by the Secretary or an-
other department or agency of the Federal Government (in-
cluding a military department) for another purpose similar
to such purpose.
(c) CONSIDERATION.—(1) The agreement under this
section may not require rental payments by the United
States under the lease under the agreement.
(2) The Secretary or other lessee, if any, under sub-
section (b)(2) shall be responsible under the agreement for
payment of any utilities associated with the lease of the
building covered by the agreement and for maintenance and
repair of the building.
(d) IMPROVEMENT.—The agreement under this section
may provide for the improvement of the building covered
by the agreement by the Secretary or other lessee, if any,
under subsection (b)(2).
(e) LIMITATION ON CERTAIN ACTIVITIES.—The Sec-
retary may not pay the costs of any utilities, maintenance
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and repair, or improvements under this lease under this
section in any fiscal year unless funds are appropriated
or otherwise made available for the Department of Defense
for such payment in such fiscal year.
TITLE II—NATURAL DISASTERS AND OTHER
EMERGENCIES
CHAPTER 1
SUBCOMMITTEE ON AGRICULTURE, RURAL
DEVELOPMENT, AND RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FARM SERVICE AGENCY
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM
ACCOUNT
For an additional amount for the ‘‘Agricultural Credit
Insurance Fund Program Account’’ for the additional cost
of direct and guaranteed loans authorized by 7 U.S.C.
1928–1929, including the cost of modifying such loans as
defined in section 502 of the Congressional Budget Act of
1974, resulting from flooding and other natural disasters,
$28,000,000, to remain available until expended, of which
$18,000,000 shall be available for emergency insured loans
and $10,000,000 shall be available for subsidized guaran-
teed operating loans: Provided, That the entire amount
shall be available only to the extent that an official budget
request for $28,000,000 that includes designation of the en-
100
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tire 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 the Congress: Provided further, That such
amount is designated by Congress as an emergency require-
ment pursuant to section 251(b)(2)(D)(i) of such Act.
EMERGENCY CONSERVATION PROGRAM
For an additional amount for ‘‘Emergency Conserva-
tion Program’’ for expenses, including carcass removal, re-
sulting from flooding and other natural disasters,
$77,000,000, to remain available until expended: Provided,
That the entire amount shall be available only to the extent
that an official budget request for $77,000,000, 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 the Congress: Provided fur-
ther, That such amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i)
of such Act.
TREE ASSISTANCE PROGRAM
An amount of $9,500,000 is provided for assistance to
small orchardists to replace or rehabilitate trees and vine-
yards damaged by natural disasters, of which $500,000
may be available through the Forestry Incentives Program
for replanting of trees damaged by tornadoes in 1997: Pro-
101
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vided, That the entire amount shall be available only to
the extent that an official budget request of $9,500,000, 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 the Congress:
Provided further, That such amount is designated by Con-
gress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of such Act.
COMMODITY CREDIT CORPORATION FUND
DISASTER RESERVE ASSISTANCE PROGRAM
Effective only for losses in the fiscal year beginning
October 1, 1996, through the date of enactment of this Act,
the Secretary may use up to $50,000,000 from proceeds
earned from the sale of grain in the disaster reserve estab-
lished in the Agricultural Act of 1970 to implement a live-
stock indemnity program for losses from natural disasters
subject to a Presidential or Secretarial declaration in a
manner similar to catastrophic loss coverage available for
other commodities under 7 U.S.C. 1508(b): Provided, That
in administering a program described in the preceding sen-
tence, the Secretary shall, to the extent practicable, utilize
gross income and payment limitations conditions estab-
lished for the Disaster Reserve Assistance Program for the
1996 crop year: Provided further, That notwithstanding
any other provision of law, beginning on October 1, 1997,
102
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grain in the disaster reserve established in the Agricultural
Act of 1970 shall not exceed 20 million bushels: Provided
further, That the entire amount shall be available only to
the extent an official budget request, 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 the Congress: Provided further, That
the entire amount is designated by Congress as an emer-
gency requirement pursuant to section 251(b)(2)(D)(i) of
such Act.
NATURAL RESOURCES CONSERVATION SERVICE
WATERSHED AND FLOOD PREVENTION OPERATIONS
For an additional amount for ‘‘Watershed and Flood
Prevention Operations’’ to repair damages to the waterways
and watersheds, including debris removal that would not
be authorized under the Emergency Watershed Program, re-
sulting from flooding and other natural disasters, including
those in prior years, $171,000,000, to remain available
until expended: Provided, That the entire amount shall be
available only to the extent an official budget request for
$171,000,000, 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-
103
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dent to the 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 such Act: Pro-
vided further, That if the Secretary determines that the cost
of land and farm structures restoration exceeds the fair
market value of an affected agricultural land, the Secretary
may use sufficient amounts, not to exceed $20,000,000, from
funds provided under this heading to accept bids from will-
ing sellers to provide floodplain easements for such cropland
inundated by floods.
RURAL HOUSING SERVICE
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
For an additional amount for ‘‘Rural Housing Insur-
ance Fund Program Account’’, $250,000, for the cost of sec-
tion 515 direct loans, including the cost of modifying loans
as defined in section 502 of the Congressional Budget Act
of 1974, for emergency expenses resulting from flooding and
other natural disasters, to remain available until September
30, 1998: Provided, That the entire amount is designated
by Congress as an emergency requirement pursuant to sec-
tion 251(b)(2)(D)(i) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended.
Any unobligated balances remaining in the Rural
Housing Insurance Fund program account from prior
years’ disaster supplementals shall be available until ex-
104
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pended for Section 502 housing loans, Section 504 loans
and grants, and Section 515 loans to meet emergency needs
resulting from natural disasters: Provided, That such unob-
ligated balances shall be available only to the extent an offi-
cial budget request 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 is transmitted by the President to the Con-
gress: Provided further, That such unobligated balances are
designated by Congress as an emergency requirement pursu-
ant to section 251(b)(2)(D)(i) of such Act.
RURAL HOUSING ASSISTANCE PROGRAM
For an additional amount for ‘‘Rural Housing Assist-
ance Program’’, for emergency expenses resulting from
flooding and other natural disasters, $4,000,000, to remain
available until September 30, 1998, for very low-income
housing repair grants and domestic farm labor grants: Pro-
vided, That the entire amount shall be available only to
the extent that an official budget request for $4,000,000,
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 the Congress:
Provided further, That the entire amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency
105
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Deficit Control Act of 1985, as amended: Provided further,
That funds made available in Public Law 104–180 for
Community Facility Grants for the Rural Housing Assist-
ance Program may be provided to any community other-
wise eligible for a Community Facility Loan for expenses
directly or indirectly resulting from flooding and other nat-
ural disasters.
RURAL UTILITIES SERVICE
RURAL UTILITIES ASSISTANCE PROGRAM
For an additional amount for ‘‘Rural Utilities Assist-
ance Program’’, for the cost of direct loans, loan guarantees,
and grants, including the cost of modifying loans as defined
in section 502 of the Congressional Budget Act of 1974, for
emergency expenses resulting from flooding and other natu-
ral disasters, $6,500,000, to remain available until Septem-
ber 30, 1998: Provided, That the entire amount shall be
available only to the extent that an official budget request
for $6,500,000, 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 the 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
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Budget and Emergency Deficit Control Act of 1985, as
amended.
CHAPTER 2
SUBCOMMITTEE ON COMMERCE, JUSTICE, AND
STATE, 
THE 
JUDICIARY, 
AND 
RELATED
AGENCIES
DEPARTMENT OF COMMERCE
ECONOMIC DEVELOPMENT ADMINISTRATION
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
For an additional amount for ‘‘Economic Development
Assistance Programs’’ for emergency expenses from flooding
and other natural disasters, $54,700,000, to remain avail-
able until expended, of which not more than $6,800,000
shall be used for planning and technical assistance grants,
and not more than $2,900,000 shall be available for admin-
istrative expenses: Provided, 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.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
OPERATIONS, RESEARCH, AND FACILITIES
Within amounts available for ‘‘Operations, Research
and Facilities’’ for Satellite Observing Systems, not to ex-
ceed $7,000,000 is available until expended to continue the
salmon fishing permit buyback program implemented
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under the Northwest Economic Aid Package to provide dis-
aster assistance pursuant to section 312 of the Magnuson-
Stevens Fishery Conservation and Management Act: Pro-
vided, That the entire amount shall be available only to
the extent that an official budget request for $7,000,000,
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 such Act.
CONSTRUCTION
For an additional amount for ‘‘Construction’’ for
emergency expenses resulting from flooding and other natu-
ral disasters, $10,800,000, to remain available until ex-
pended: Provided, 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.
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CHAPTER 3
SUBCOMMITTEE ON ENERGY AND WATER
DEVELOPMENT
DEPARTMENT OF DEFENSE—CIVIL
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS—CIVIL
FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES,
ARKANSAS, ILLINOIS, KENTUCKY, LOUISIANA, MIS-
SISSIPPI, MISSOURI, AND TENNESSEE
For an additional amount for ‘‘Flood Control, Mis-
sissippi River and Tributaries, Arkansas, Illinois, Ken-
tucky, Louisiana, Mississippi, Missouri, and Tennessee’’ for
emergency expenses due to flooding and other natural disas-
ters, $20,000,000, to remain available until expended: Pro-
vided, That the entire amount is designated by Congress
as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget Emergency Act of
1985, as amended.
OPERATIONS AND MAINTENANCE, GENERAL
For an additional amount for ‘‘Operations and Main-
tenance, General’’ for emergency expenses due to flooding
and other natural disasters, $137,000,000, to remain avail-
able until expended: Provided, That of the total appro-
priated, the amount for eligible navigation projects which
may be derived from the Harbor Maintenance Trust Fund
pursuant to Public Law 99–662, shall be derived from that
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fund: Provided further, That the Secretary of the Army is
directed to use from available balances of the funds appro-
priated herein to perform such emergency dredging and
snagging and clearing of the Truckee River, Nevada, and
the San Joaquin River channel, California, as the Sec-
retary determines to be necessary as the result of the Janu-
ary 1997 flooding in Nevada and California; and dredging
of shoaling which has occurred downstream from the Fed-
eral Chena River Flood Control Facility: 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 Emergency Act of 1985, as amend-
ed.
FLOOD CONTROL AND COASTAL EMERGENCIES
For an additional amount for ‘‘Flood Control and
Coastal Emergencies’’ due to flooding and other natural dis-
asters, $390,000,000, to remain available until expended:
Provided, That the entire amount is designated by Congress
as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget Emergency Act of
1985, as amended: Provided further, That with $5,000,000
of the funds appropriated herein, the Secretary of the Army
is directed to initiate and complete preconstruction engi-
neering and design and associated Environmental Impact
Statement for an emergency outlet from Devils Lake, North
Dakota to the Sheyenne River, at full Federal expense: Pro-
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vided further, That, of the funds appropriated under this
paragraph, $10,000,000 shall be used for the project consist-
ing of channel restoration and improvements on the James
River authorized by section 401(b) of the Water Resources
Development Act of 1986 (Public Law 99–662; 100 Stat.
4128) if the Secretary of the Army determines that the need
for such restoration and improvements constitutes an emer-
gency.
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
OPERATION AND MAINTENANCE
For an additional amount for ‘‘Operation and Mainte-
nance’’, $7,355,000, to remain available until expended, to
repair damage caused by floods and other natural disasters:
Provided, That of the total appropriated, the amount for
program activities that can be financed by the Reclamation
Fund shall be derived from that fund: 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.
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CHAPTER 4
SUBCOMMITTEE ON INTERIOR AND RELATED
AGENCIES
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
CONSTRUCTION
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Construction’’ to re-
pair damage caused by floods and other natural disasters,
$4,796,000, to remain available until expended, of which
$4,403,000 is to be derived by transfer from unobligated
balances of funds, under the heading, ‘‘Oregon and Califor-
nia Grant Lands,’’ made available as supplemental appro-
priations in Public Law 104–134: Provided, 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.
OREGON AND CALIFORNIA GRANT LANDS
For an additional amount for ‘‘Oregon and California
Grant Lands’’ to repair damage caused by floods and other
natural disasters, $2,694,000, to remain available until ex-
pended and to be derived from unobligated balances of funds
under the heading, ‘‘Oregon and California Grant Lands,’’
made available as supplemental appropriations in Public
Law 104–134: Provided, That the entire amount is des-
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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.
FISH AND WILDLIFE SERVICE
RESOURCE MANAGEMENT
For an additional amount for ‘‘Resource Manage-
ment’’, $8,350,000, of which $3,350,000, to remain avail-
able until September 30, 1998, is for fish replacement and
for technical assistance made necessary by floods and other
natural disasters and for restoration of public lands dam-
aged by fire, and of which $5,000,000, to remain available
until September 30, 1999, is for payments to private land-
owners for the voluntary use of private land to store water
in restored wetlands: Provided, That the entire 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.
CONSTRUCTION
For an additional amount for ‘‘Construction’’,
$91,000,000, to remain available until expended, to repair
damage caused by floods and other natural disasters: Pro-
vided, 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.
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LAND ACQUISITION
For an additional amount for ‘‘Land Acquisition’’,
$5,000,000, to remain available until expended, for the cost-
effective emergency acquisition of land and water rights ne-
cessitated by floods and other natural disasters: Provided,
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.
NATIONAL PARK SERVICE
CONSTRUCTION
For an additional amount for ‘‘Construction’’ for
emergency expenses resulting from flooding and other natu-
ral disasters, $187,321,000, to remain available until ex-
pended: Provided, That the entire amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further,
That of this amount, $30,000,000 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 requirement as defined in such
Act, is transmitted by the President to Congress, and upon
certification by the Secretary of the Interior to the President
that a specific amount of such funds is required for (1) re-
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pair or replacement of concession use facilities at Yosemite
National Park if the Secretary determines, after consulting
with the Director of the Office of Management and Budget,
that the repair or replacement of those facilities cannot be
postponed until completion of an agreement with the Yo-
semite Concessions Services Corporation or any responsible
third party to satisfy its repair or replacement obligations
for the facilities, or (2) the Federal portion, if any, of the
costs of repair or replacement of such concession use facili-
ties: Provided further, That nothing herein should be con-
strued as impairing in any way the rights of the United
States against the Yosemite Concession Services Corpora-
tion or any other party or as relieving the Corporation or
any other party of its obligations to the United States: Pro-
vided further, That prior to any final agreement by the Sec-
retary with the Corporation or any other party concerning
its obligation to repair or replace concession use facilities,
the Solicitor of the Department of the Interior shall certify
that the agreement fully satisfies the obligations of the Cor-
poration or third party: Provided further, That nothing
herein, or any payments, repairs, or replacements made by
the Corporation or a third party in fulfillment of the Cor-
poration’s obligations to the United States to repair and
replace damaged facilities, shall create any possessory inter-
est for the Corporation or such third party in such repaired
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or replaced facilities: Provided further, That any payments
made to the United States by the Corporation or a third
party for repair or replacement of concession use facilities
shall be deposited in the General Fund of the Treasury or,
where facilities are repaired or replaced by the Corporation
or any other third party, an equal amount of appropria-
tions for ‘‘Construction’’ shall be rescinded.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
For an additional amount for ‘‘Surveys, Investiga-
tions, and Research’’, $4,650,000, to remain available until
September 30, 1998, to repair or replace damaged equip-
ment and facilities caused by floods and other natural dis-
asters: Provided, 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.
BUREAU OF INDIAN AFFAIRS
OPERATION OF INDIAN PROGRAMS
For an additional amount for ‘‘Operation of Indian
Programs’’, $14,317,000, to remain available until Septem-
ber 30, 1998 for emergency response activities, including
emergency school operations, heating costs, emergency wel-
fare assistance, and to repair and replace facilities and re-
sources damaged by snow, floods, and other natural disas-
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ters: Provided, 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.
CONSTRUCTION
For an additional amount for ‘‘Construction’’,
$6,249,000, to remain available until expended, to make re-
pairs caused by floods and other natural disasters: Pro-
vided, That the entire amount is designated by Congress
as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further,
That notwithstanding any other provision of law, funds ap-
propriated herein and in Public Law 104–208 to the Bu-
reau of Indian Affairs for repair of the Wapato irrigation
project shall be made available on a nonreimbursable basis.
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
NATIONAL FOREST SYSTEM
For an additional amount for ‘‘National Forest Sys-
tem’’ for emergency expenses resulting from flooding and
other natural disasters, $39,677,000, to remain available
until expended: Provided, That the entire amount is des-
ignated by Congress as an emergency requirement pursuant
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to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
RECONSTRUCTION AND CONSTRUCTION
For an additional amount for ‘‘Reconstruction and
Construction’’ for emergency expenses resulting from flood-
ing and other natural disasters, $27,685,000, to remain
available until expended: Provided, 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.
DEPARTMENT OF HEALTH AND HUMAN
SERVICES
INDIAN HEALTH SERVICE
INDIAN HEALTH SERVICES
For an additional amount for ‘‘Indian Health Serv-
ices’’ for emergency expenses resulting from flooding and
other natural disasters, $1,000,000, to remain available
until expended: Provided, 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.
INDIAN HEALTH FACILITIES
For an additional amount for ‘‘Indian Health Facili-
ties’’ for emergency expenses resulting from flooding and
other natural disasters, $2,000,000, to remain available
until expended: Provided, That the entire amount is des-
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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 5
SUBCOMMITTEE ON TRANSPORTATION AND
RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
FEDERAL-AID HIGHWAYS
EMERGENCY RELIEF PROGRAM
(HIGHWAY TRUST FUND)
For an additional amount for the Emergency Relief
Program for emergency expenses resulting from flooding
and other disasters, as authorized by 23 U.S.C. 125,
$650,000,000, to be derived from the Highway Trust Fund
and to remain available until expended, of which
$374,000,000 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
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress: Provided,
That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(D)(i)
of the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended: Provided further, That 23 U.S.C.
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125(b)(1) shall not apply to projects relating to the Decem-
ber 1996 and 1997 flooding.
FEDERAL RAILROAD ADMINISTRATION
EMERGENCY RAILROAD REHABILITATION AND REPAIR
For necessary expenses to repair and rebuild freight
rail lines of regional and short line railroads damaged by
the floods in September 1996, and in March and April
1997, $24,000,000, to be awarded subject to the discretion
of the Secretary on a case-by-case basis: Provided, That
funds provided under this head shall be available for reha-
bilitation of railroad rights-of-way, bridges, and other fa-
cilities which are part of the general railroad system of
transportation, and primarily used by railroads to move
freight traffic: Provided further, That railroad rights-of-
way, bridges, and other facilities owned by class I railroads,
passenger railroads, or by tourist, scenic, or historic rail-
roads are not eligible for funding under this section: Pro-
vided further, That these funds shall be available only to
the extent an official budget request, for a specific dollar
amount, that includes designation of the entire amount as
an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress:
Provided further, That the entire amount is designated by
Congress as an emergency requirement pursuant to section
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251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further,
That all funds made available under this head are to re-
main available until September 30, 1997.
RELATED AGENCY
NATIONAL TRANSPORTATION SAFETY BOARD
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Ex-
penses’’ for emergency expenses resulting from the crash of
TWA Flight 800, and for assistance to families of victims
of aviation accidents as authorized by Public Law 104–264,
$14,100,000: Provided, 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 Emer-
gency Deficit Control Act of 1985, as amended.
CHAPTER 6
SUBCOMMITTEE ON VA, HUD, AND INDEPENDENT
AGENCIES
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
COMMUNITY PLANNING AND DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANTS FUND
For an additional amount for ‘‘Community develop-
ment block grants fund’’ as authorized under title I of the
Housing and Community Development Act of 1974,
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$500,000,000, to remain available until September 30, 2000
for emergency expenses resulting from the flooding in the
upper Midwest and other disasters in fiscal year 1997 and
such natural disasters designated 30 days prior to the start
of fiscal year 1997, so long as the emergency expenses are
for those community development activities related to recov-
ery efforts and for immediate recovery needs not reimburs-
able by the Federal Emergency Management Agency: Pro-
vided, That in administering these amounts, the Secretary
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 the use by the recipient of these funds, except for
statutory requirements related to civil rights, fair housing
and nondiscrimination, the environment, and labor stand-
ards, upon a finding that such waiver is required to facili-
tate the use of such funds, and would not be inconsistent
with the overall purpose of the statute: Provided further,
That the Secretary of Housing and Urban Development
shall publish a notice in the Federal Register governing the
use of community development block grant funds in con-
junction with any program administered by the Director
of the Federal Emergency Management Agency for buyouts
for structures in disaster areas: Provided further, That for
any funds under this head used for buyouts in conjunction
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with any program administered by the Director of the Fed-
eral Emergency Management Agency, each state or unit of
general local government requesting funds from the Sec-
retary of Housing and Urban Development for buyouts
shall submit a plan to the Secretary which must be ap-
proved by the Secretary as consistent with the requirements
of this program: Provided further, That the Secretary of
Housing and Urban Development and the Director of the
Federal Emergency Management Agency shall submit quar-
terly reports to the House and Senate Committees on Ap-
propriations on all disbursement and use of funds for or
associated with buyouts: Provided further, That the entire
amount is designated by the Congress as an emergency re-
quirement pursuant to section 251(b)(2)(D)(i) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended.
INDEPENDENT AGENCY
FEDERAL EMERGENCY MANAGEMENT AGENCY
DISASTER RELIEF
For an additional amount for ‘‘Disaster Relief’’,
$3,100,000,000, to remain available until expended: Pro-
vided, That the entire amount is designated by Congress
as an emergency requirement pursuant to section
251(b)(2)(D)(i) of such Act: Provided further, That of the
funds made available under this heading, $2,100,000,000
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shall not become available until the Director of the Federal
Emergency Management Agency submits to the Congress a
legislative proposal to control disaster relief expenditures
including the elimination 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 Pro-
gram for the cost of direct loans as authorized under section
417 of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5121 et seq.): Provided fur-
ther, That such transfer may be made to subsidize gross ob-
ligations 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 sec-
tion 417 of the Stafford Act will be complied with: Provided
further, That the entire amount of the preceding proviso
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
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requirement pursuant to section 251(b)(2)(D)(i) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended.
CHAPTER 7
SUBCOMMITTEE 
ON 
LABOR, 
HEALTH 
AND
HUMAN SERVICES, AND EDUCATION, AND RE-
LATED AGENCIES
DEPARTMENT OF HEALTH AND HUMAN
SERVICES
OFFICE OF THE SECRETARY
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
For expenses necessary to support research on environ-
mental risk factors associated with breast cancer,
$15,000,000, to remain available until expended: Provided,
That the Secretary shall award such funds on a competitive
basis: 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.
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TITLE III—OTHER SUPPLEMENTALS
CHAPTER 1
SUBCOMMITTEE ON AGRICULTURE, RURAL
DEVELOPMENT, AND RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FARM SERVICE AGENCY
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM
ACCOUNT
For an additional amount for the ‘‘Agricultural Credit
Insurance Fund Program Account’’ for the additional cost
of direct operating loans authorized by 7 U.S.C. 1928–1929,
including the cost of modifying such loans as defined in
section 502 of the Congressional Budget Act of 1974,
$12,600,000, to remain available until expended.
FOOD AND CONSUMER SERVICE
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR
WOMEN, INFANTS, AND CHILDREN (WIC)
For an additional amount for the ‘‘Special Supple-
mental Nutrition Program for Women, Infants, and Chil-
dren (WIC)’’ as authorized by section 17 of the Child Nutri-
tion Act of 1966, as amended (42 U.S.C. et seq.),
$58,000,000, to remain available through September 30,
1998: Provided, That the Secretary shall allocate such funds
through the existing formula or, notwithstanding sections
17 (g), (h), or (i) of such Act and the regulations promul-
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gated thereunder, such other means as the Secretary deems
necessary.
CHAPTER 2
SUBCOMMITTEE ON COMMERCE, JUSTICE, AND
STATE, 
THE 
JUDICIARY, 
AND 
RELATED
AGENCIES
DEPARTMENT OF STATE
INTERNATIONAL ORGANIZATIONS AND CONFERENCES
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
For an additional amount for ‘‘Contributions to Inter-
national Organizations’’, $100,000,000, to remain available
until expended, for payment of United States arrearages
owed to the United Nations: Provided, That none of the
funds appropriated or otherwise made available by this Act
for payment of United States arrearages to the United Na-
tions may be obligated or expended unless such obligation
or expenditure is expressly authorized by the enactment of
a subsequent Act.
CHAPTER 3
SUBCOMMITTEE ON THE DISTRICT OF COLUMBIA
DISTRICT OF COLUMBIA
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA
For an additional amount to the District of Columbia
for the fiscal year ending September 30, 1997, $31,150,000,
to remain available until September 30, 1998, and which
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shall be deposited into an escrow account of the District
of Columbia Financial Responsibility and Management As-
sistance Authority, pursuant to section 205 of Public Law
104–8 (109 Stat. 131), and shall be disbursed from such
escrow account pursuant to the instructions of the Author-
ity, and in accordance with a plan approved by the Author-
ity: Provided, That $22,350,000 shall be used to carry out
a program of school facility emergency repair of public
schools located in the District of Columbia, and $8,800,000
shall be used for pay raises within the Metropolitan Police
Department.
DIVISION OF EXPENSES
PUBLIC SAFETY AND JUSTICE
For an additional amount for public safety,
$8,800,000, which shall be deposited into an escrow account
of the District of Columbia Financial Responsibility and
Management Assistance Authority, pursuant to section 205
of Public Law 104–8 (109 Stat. 131), and shall be disbursed
from such escrow account pursuant to the instructions of
the Authority, and in accordance with a plan approved by
the Authority: Provided, That $8,800,000 shall be used for
pay raises within the Metropolitan Police Department.
CAPITAL OUTLAY
For an additional amount for capital outlay for the
fiscal year ending September 30, 1997, $22,350,000, which
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shall be deposited into an escrow account of the District
of Columbia Financial Responsibility and Management As-
sistance Authority, pursuant to section 205 of Public Law
104–8 (109 Stat. 131), and shall be disbursed from such
escrow account pursuant to the instructions of the Author-
ity, and in accordance with a plan approved by the Author-
ity: Provided, That this amount shall be used to carry out
a program of school facility emergency repair of public
schools located in the District of Columbia.
GENERAL PROVISION
Funds provided under this chapter shall be deemed to
be grants for the purposes of Section 141 of Public Law
104–194 (110 Stat. 2374), the District of Columbia Appro-
priations Act, 1997.
CHAPTER 4
SUBCOMMITTEE ON INTERIOR AND RELATED
AGENCIES
DEPARTMENT OF THE INTERIOR
NATIONAL PARK SERVICE
CONSTRUCTION
For an additional amount for ‘‘Construction’’,
$10,000,000, to remain available until expended, to make
repairs, construct facilities, and provide visitor transpor-
tation and for related purposes at Yosemite National Park.
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CHAPTER 5
SUBCOMMITTEE ON THE LEGISLATIVE BRANCH
CONGRESSIONAL OPERATIONS
SENATE
CONTINGENT EXPENSES OF THE SENATE
SECRETARY OF THE SENATE
(TRANSFER OF FUNDS)
For an additional amount for expenses of the ‘‘Office
of the Secretary of the Senate’’, to carry out the provisions
of section 8 of the Legislative Branch Appropriations Act,
1997, $5,000,000, to remain available until September 30,
2000, to be derived by transfer from funds previously appro-
priated from fiscal year 1997 funds under the heading
‘‘SENATE’’, subject to the approval of the Committee on
Appropriations.
CHAPTER 6
SUBCOMMITTEE ON TRANSPORTATION AND
RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
COAST GUARD
OPERATING EXPENSES
For an additional amount for ‘‘Operating Expenses’’,
$6,473,000, for necessary expenses directly related to sup-
port activities in the TWA Flight 800 crash investigation,
to remain available until expended.
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RETIRED PAY
For an additional amount for ‘‘Retired Pay’’,
$4,200,000.
FEDERAL AVIATION ADMINISTRATION
GRANTS-IN-AID FOR AIRPORTS
For an additional amount for ‘‘Grants-in-aid for Air-
ports’’, $15,520,000: Provided, That, the President may
make available funds for making grants to reimburse State
and local agencies for unanticipated disaster costs associ-
ated with recovery, investigation, security, forensic and
medical examination of evidence, air support, and logistical
support efforts directly related to the 1996 TWA Flight 800
and ValuJet Flight 592 tragedies: Provided further, That
not to exceed $12,420,000 shall be available under this pro-
vision for reimbursement to State and local agencies for the
TWA Flight 800 tragedy: Provided further, That not to ex-
ceed $3,100,000 shall be available under this provision for
reimbursement to State and local agencies for the ValuJet
Flight 592 tragedy.
FEDERAL HIGHWAY ADMINISTRATION
FEDERAL-AID HIGHWAYS
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The limitation under this heading in Public Law 104–
50 and in Public Law 104–205 is increased by
$933,193,000: Provided, That such additional authority
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shall remain available during fiscal year 1997: Provided
further, That notwithstanding any other provision of law,
such additional authority shall be distributed to ensure that
States receive amounts that they would have received had
the Highway Trust Fund fiscal year 1994 income statement
not been understated prior to the revision on December 24,
1996; and that notwithstanding any other provision of law,
an amount of obligational authority in addition to the
amount distributed above, shall be made available by this
Act and shall be distributed to assure that States receive
obligational authority that they would have received had
the Highway Trust Fund fiscal year 1995 income statement
not been revised on December 24, 1996: Provided further,
That such additional authority shall be distributed to en-
sure that no State shall receive an amount in fiscal year
1997 that is less than the amount a State received in fiscal
year 1996: Provided further, That $3,600,000 of the addi-
tional allocation for Utah shall be utilized on planning,
preliminary engineering and design for projects critical to
the 2002 Winter Olympics: Provided further, That $450,000
of the additional allocation for the State of New Mexico
shall be provided to continue the Santa Teresa border tech-
nologies project: Provided further, That the additional
amounts made available to the State of Alabama shall be
utilized for right-of-way acquisition and construction of the
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Warrior Loop project: Provided further, That $12,600,000
of the additional allocation for the State of Kentucky shall
be utilized to complete the William H. Natcher Bridge in
Maceo, Kentucky: Provided further, That the additional
amounts made available to the State of California may be
provided for a project to repair or reconstruct any portion
of a federal aid primary route in San Mateo, California,
which was destroyed as a result of a combination of storms
and a mountain slide in the winter of 1982–1983: Provided
further, That the additional amounts made available in this
paragraph for the State of South Carolina shall be provided
for the Highway 17 Cooper River Bridges replacement
project, Charleston, South Carolina: Provided further, That
$100,000 of the additional allocation for the State of Iowa
shall be provided for planning and environmental work on
the 86th Street Highway Project in Polk County: Provided
further, That $400,000 of the additional allocation for the
State of Illinois shall be provided for costs associated with
the replacement of Gaumer’s Bridge in Vermilion County,
Illinois.
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CHAPTER 7
SUBCOMMITTEE ON TREASURY AND GENERAL
GOVERNMENT
DEPARTMENT OF THE TREASURY
DEPARTMENTAL OFFICES
SALARIES AND EXPENSES
For an additional amount under the heading ‘‘Depart-
mental Offices, Salaries and Expenses’’, $1,950,000: Pro-
vided, That the Secretary of Treasury may utilize the law
enforcement services, personnel, equipment, and facilities of
the State of Colorado, the County of Denver, and the City
of Denver, with their consent, and shall reimburse the State
of Colorado, the County of Denver, and the City of Denver
for the utilization of such law enforcement services, person-
nel (for salaries, overtime, and benefits), equipment, and
facilities for security arrangements for the Denver Summit
of Eight being held June 20 through June 22, 1997, in Den-
ver, Colorado.
U.S. POSTAL SERVICE
PAYMENT TO THE POSTAL SERVICE FUND
For an additional amount for the Postal Service Fund
for revenue forgone on free and reduced rate mail, pursuant
to subsection (d) of section 2401 of title 39, United States
Code, $5,383,000.
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CHAPTER 8
SUBCOMMITTEE ON VA, HUD, AND INDEPENDENT
AGENCIES
DEPARTMENT OF VETERANS AFFAIRS
VETERANS BENEFITS ADMINISTRATION
COMPENSATION AND PENSIONS
For an additional amount for ‘‘Compensation and
pensions’’, for unanticipated costs incurred for the current
fiscal year, $753,000,000, to remain available until ex-
pended.
ADMINISTRATIVE PROVISION
The Secretary of Veterans Affairs may carry out the
construction of a multi-story parking garage at the Depart-
ment of Veterans Affairs medical center in Cleveland, Ohio,
in the amount of $12,300,000, and there is authorized to
be appropriated for fiscal year 1997 for the Parking Revolv-
ing Fund account, a total of $12,300,000 for this project.
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
HOUSING PROGRAMS
ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING
Notwithstanding any other provision of law, of the
$1,000,000 appropriated for special purpose grants in Pub-
lic Law 102–139, for a parking garage in Ashland, Ken-
tucky, $500,000 shall be made available instead for use in
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acquiring parking in Ashland, Kentucky and $500,000
shall be made available instead for the restoration of the
Paramount Theater in Ashland, Kentucky.
CAPACITY BUILDING FOR COMMUNITY DEVELOPMENT AND
AFFORDABLE HOUSING
(TRANSFER OF FUNDS)
For capacity building for community development and
affordable housing, as authorized by section 4 of the HUD
Demonstration Act of 1993 (Public Law 103–120),
$30,200,000, to remain available until expended, and to be
derived by transfer from the Homeownership and Oppor-
tunity for People Everywhere Grants account: Provided,
That Habitat for Humanity and Youthbuild participate
under this section: Provided further, That at least
$10,000,000 of the funding under this head be used in rural
areas, including tribal areas.
MANAGEMENT AND ADMINISTRATION
SALARIES AND EXPENSES
Of the funds appropriated under this head in Public
Law 104–204, the Secretary of Housing and Urban Devel-
opment shall make a grant of $1,500,000 to the National
Academy of Public Administration no later than June 15,
1997 for an evaluation of the Department of Housing and
Urban Development: Provided, That the $1,500,000 shall be
from salaries and expenses designated for non-career Senior
Executive Service and other non-career personnel.
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CHAPTER 9
SUBCOMMITTEE 
ON 
LABOR, 
HEALTH 
AND
HUMAN SERVICES, AND EDUCATION, AND RE-
LATED AGENCIES
DEPARTMENT OF HEALTH AND HUMAN
SERVICES
HEALTH RESOURCES AND SERVICES ADMINISTRATION
HEALTH EDUCATION ASSISTANCE LOANS PROGRAM
Public Law 104–208, under the heading ‘‘Health Edu-
cation Assistance Loans Program’’ is amended by inserting
after ‘‘$140,000,000’’ the following: ‘‘: Provided further,
That the Secretary may use up to $499,000 derived by
transfer from insurance premiums collected from guaran-
teed loans made under Title VII of the Public Health Serv-
ice Act for the purpose of carrying out section 709 of that
Act’’.
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
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‘‘,’’ 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 entitled),’’.
CHILDREN AND FAMILIES SERVICES PROGRAMS
Public Law 104–208, under the heading titled ‘‘Chil-
dren and Families Services Programs’’ is amended by in-
serting after the reference to ‘‘part B(1) of title IV’’ the fol-
lowing: ‘‘and Section 1110’’.
DEPARTMENT OF EDUCATION
EDUCATION FOR THE DISADVANTAGED
For additional amounts to carry out subpart 2 of part
A of title I of the Elementary and Secondary Education
Act of 1965, $198,176,000, of which $153,253,000 shall be
for Basic Grants and $44,923,000 shall be for Concentra-
tion Grants, which shall be allocated, notwithstanding any
other provision of law, only to those States, and counties
within those States, that would otherwise receive, from
funds available under the Department of Education Appro-
priations Act, 1997, smaller allocations for Grants to Local
Educational Agencies than they would have received had
those allocations been calculated entirely on the basis of
child poverty counts from the 1990 census: Provided, That
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the Secretary of Education shall use these additional funds
to provide those States with the allocations they would have
received had the allocations under that Appropriations Act
been calculated entirely on the basis of the 1990 census data:
Provided further, That the Secretary shall ratably reduce
the allocations to states under the preceding proviso for ei-
ther Basic Grants or Concentration Grants, or both, as the
case may be, if the funds available are insufficient to make
those allocations in full: Provided further, That the Sec-
retary shall allocate, to such counties in each such State,
additional amounts for Basic Grants and Concentration
Grants that are in the same proportion, respectively, to the
total amounts allocated to the State, as the differences be-
tween such counties’ initial allocations for Basic Grants
and Concentration Grants, respectively (compared to what
they would have received had the initial allocations been
calculated entirely on the basis of 1990 census data), are
to the differences between the State’s initial allocations for
Basic Grants and Concentration Grants, respectively (com-
pared to the amounts the State would have received had
the initial allocations been calculated entirely on the basis
of 1990 census data): Provided further, That the funds ap-
propriated under this paragraph shall become available on
October 1, 1997 and shall remain available through Sep-
tember 30, 1998, for academic year 1997–98: Provided fur-
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ther, That the additional amounts appropriated under this
paragraph shall not be taken into account in determining
State allocations under any other program administered by
the Secretary.
Public Law 104–208, under the heading titled ‘‘Edu-
cation For the Disadvantaged’’ is amended by striking
‘‘$1,298,386,000’’ and inserting ‘‘$713,386,000’’ in lieu
thereof.
CHAPTER 10
GENERAL PROVISIONS
SEC. 301. 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. 302. Of the funds currently contained within the
‘‘Counterterrorism Fund’’ of the Department of Justice,
$3,000,000 is provided for allocation by the Attorney Gen-
eral to the appropriate unit or units of government in
Ogden, Utah, for necessary expenses, including enhance-
ments and upgrade of security and communications infra-
structure, to counter any potential terrorism threat related
to the 2002 Winter Olympic games to be held in Utah.
SEC. 303. None of the funds made available in any
appropriations Act for fiscal year 1997 may be used by the
Department of Commerce to make irreversible plans or
preparation for the use of sampling or any other statistical
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method (including any statistical adjustment) in taking the
2000 decennial census of population for purposes of the ap-
portionment of Representatives in Congress among the
States.
SEC. 304. Section 5803 of Public Law 104–208 (110
Stat. 3009–522) is hereby repealed.
SEC. 305. DELAWARE RIVER BASIN COMMISSION; SUS-
QUEHANNA RIVER BASIN COMMISSION.—The Secretary of
the Interior or his designee shall serve as the alternate mem-
ber of the Susquehanna River Basin Commission appointed
under the Susquehanna River Basin Compact (Public Law
91–575) and the alternate member of the Delaware River
Basin Commission appointed under the Delaware River
Basin Compact (Public Law 87–328).
SEC. 306. Section 2.2 of Public Law 87–328 (75 Stat.
688, 691) is amended by striking the words ‘‘during the
term of office of the President’’ and inserting ‘‘at the pleas-
ure of the President’’.
SEC. 307. Section 101(c) of Public Law 104–134 is
amended as follows: Under the heading ‘‘Title III—General
Provisions’’ amend sections 315(c)(1)(A) and 315(c)(1)(B)
by striking in each of those sections ‘‘104%’’ and inserting
in lieu thereof ‘‘100%’’; by striking in each of those sections
‘‘1995’’ and inserting in lieu thereof ‘‘1994’’; and by strik-
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ing in each of those sections ‘‘and thereafter annually ad-
justed upward by 4%,’’.
SEC. 308. Section 101(d) of Public Law 104–208 is
amended as follows: Under the heading ‘‘Administrative
Provisions, Indian Health Service’’ strike the seventh pro-
viso and insert the following in lieu thereof: ‘‘: Provided
further, That with respect to functions transferred by the
Indian Health Service to tribes or tribal organizations, the
Indian Health Service is authorized to provide goods and
services to those entities, on a reimbursable basis, including
payment in advance with subsequent adjustment, and the
reimbursements received therefrom, along with the funds re-
ceived from those entities pursuant to the Indian Self Deter-
mination Act, may be credited to the same or subsequent
appropriation account which provided the funding, said
amounts to remain available until expended’’.
SEC. 309. No funds provided by this Act, an Act mak-
ing Appropriations for the Department of Defense for Fiscal
Year 1997 (Public Law 104–208), any other Act making
appropriations for any agency of the Federal Government
for Fiscal Year 1997, or any other Act hereafter enacted
may be used by any agency of the Federal Government to
promulgate or implement any rule, regulation, policy,
statement, or directive issued after October 1, 1993 regard-
ing the recognition, validity, or management of any right
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of way established pursuant to Revised Statutes 2477 (43
U.S.C. 932).
SEC. 310. COMPLIANCE WITH THE ENDANGERED SPECIES
ACT OF 1973 IN CONNECTION WITH FLOOD
CONTROL PROJECTS.
(a) CONSULTATION AND CONFERENCING.—As provided
by regulations issued under the Endangered Species Act (16
U.S.C. 1531 et seq.) for emergency situations, formal con-
sultation or conferencing under section 7(a)(2) or section
7(a)(4) of the Act for any action authorized, funded or car-
ried out by any Federal agency to repair a Federal or non-
Federal flood control project, facility or structure may be
deferred by the Federal agency authorizing, funding or car-
rying out the action, if the agency determines that the re-
pair is needed to respond to an emergency causing an im-
minent threat to human lives and property in 1996 or
1997. Formal consultation or conferencing shall be deferred
until the imminent threat to human lives and property has
been abated. For purposes of this section, the term repair
shall include preventive and remedial measures to restore
the project, facility or structure to remove an imminent
threat to human lives and property.
(b) REASONABLE
AND PRUDENT MEASURES.—Any
reasonable and prudent measures specified under section 7
of the Endangered Species Act (16 U.S.C. 1536) to mini-
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mize the impact of an action taken under this section shall
be related both in nature and extent to the effect of the ac-
tion taken to repair the flood control project, facility or
structure.
SEC. 311. Notwithstanding any other provision of law,
fiscal year 1995 funds awarded under State-administered
programs of the Department of Education and funds
awarded for fiscal year 1996 for State-administered pro-
grams under the Rehabilitation Act of the Department of
Education to recipients in Presidentially declared disaster
areas are available to those recipients for obligation until
September 30, 1998: Provided, That for the purposes of as-
sisting those recipients, the Secretary’s waiver authority
under section 14401 of the Elementary and Secondary Edu-
cation Act of 1965 shall be extended to all State-adminis-
tered programs of the Department of Education. This spe-
cial waiver authority applies only to funds awarded for fis-
cal years 1995, 1996 and 1997.
SEC. 312. Notwithstanding any other provision of law,
the Secretary of Education may waive or modify any statu-
tory or regulatory provision applicable to the student finan-
cial aid programs under title IV of said Act that the Sec-
retary deems necessary to assist individuals and other pro-
gram participants who suffered financial harm from natu-
ral disasters and who, at the time the disaster struck were
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operating, residing, attending an institution of higher edu-
cation, or employed within these areas on the date which,
the President declared the existence of a major disaster (or,
in the case of an individual who is a dependent student,
whose parent or stepparent suffered financial harm from
such disaster, and who resided, or was employed in such
an area at that time): Provided further, That such author-
ity shall be in effect only for awards for award year 1997–
1998.
SEC. 313. None of the funds provided in this Act or
in any other Act making appropriations for fiscal year
1997 may be used to administer or implement in Denver,
Colorado, the Medicare Competitive Pricing/Open Enroll-
ment Demonstration, as titled in the April 1, 1997, Final
Request for Proposals (RFP).
SEC. 314. Section 105(f) of the Legislative Branch Ap-
propriation Act, 1968 (2 U.S.C. 61–1(f) is amended by add-
ing at the end the following: ‘‘The limitation on the mini-
mum rate of gross compensation under this subsection shall
not apply to any member or civilian employee of the Cap-
itol Police whose compensation is disbursed by the Secretary
of the Senate.’’.
SEC. 315. (a) Notwithstanding any other provision of
law or regulation, with the approval of the Committee on
Rules and Administration of the Senate, the Sergeant at
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Arms and Doorkeeper of the Senate is authorized to provide
additional facilities, services, equipment, and office space
for use by a Senator in that Senator’s State in connection
with a disaster or emergency declared by the President
under the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act. Expenses incurred by the Sergeant
at Arms and Doorkeeper of the Senate under this section
shall be paid from the appropriation account, within the
contingent fund of the Senate, for expenses of the Office of
the Sergeant at Arms and Doorkeeper of the Senate, upon
vouchers signed by the Sergeant at Arms and Doorkeeper
of the Senate with the approval of the Committee on Rules
and Administration of the Senate.
(b) This section is effective on and after the date of
enactment of this Act.
SEC. 316. Title I of the Department of Transportation
and Related Agencies Appropriations Act, 1997 (Public
Law 104–205) is amended under the heading ‘‘Federal
Transit Administration—Discretionary Grants’’ by strik-
ing ‘‘$661,000,000’’ and inserting ‘‘$661,000’’.
SEC. 317. Section 325 of Title III of the Department
of Transportation and Related Agencies Appropriations
Act, 1997 (Public Law 104–205) is amended by deleting
all text following ‘‘Provided, That such funds shall not be
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subject to the obligation limitation for Federal-aid high-
ways and highway safety construction.’’.
SEC. 318. Section 410(j) of title 23, United States
Code, is amended by striking the period after ‘‘1997’’ and
inserting ‘‘, and an additional $500,000 for fiscal year
1997.’’.
SEC. 319. Section 45301(a)(1) of title 49, United
States Code, is amended by striking ‘‘that neither take off
from, nor land in, the United States.’’ and inserting in lieu
thereof: ‘‘or general aviation aircraft that neither take off
from, nor land in, the United States except that such fees
shall not be imposed on overflights operated by citizens of
a country contiguous to the United States if (A) both the
origin and destination of such flights are within that other
contiguous country and (B) that same country exempts
similar categories of flights operated by citizens of the Unit-
ed States.’’.
SEC. 320. The Administrator of General Services is
authorized to obligate the funds appropriated in Public
Law 104–208 for construction of the Montgomery, Alabama
courthouse.
SEC. 321. RESTRICTION ON FUNDS USED TO ENFORCE
ELECTRONIC FUNDS TAX TRANSFER SYSTEM.—None of the
funds made available by this Act or any other Act may
be used to impose or collect any penalty under the Internal
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Revenue Code of 1986 which is imposed solely by reason
of a failure to use the electronic fund transfer system estab-
lished under section 6302(h) of such Code if such failure—
(1) is by a person which is first required to use
such system by reason of clause (i)(IV) or (ii)(IV) of
section 6302(h)(2)(C) of such Code, and
(2) occurs during the period beginning on July
1, 1997, and ending on December 31, 1997.
SEC. 322. Section 1555 of the Federal Acquisition
Streamlining Act of 1994, Public Law 103–355, is repealed
effective the date of the enactment of this Act.
SEC. 323. PUBLIC NOTICE
OF CONTRACTING
BY
HUD.—The Secretary shall publish quarterly in the Fed-
eral Register a list of all contracts and task orders issued
under such contracts in excess of $250,000 which were en-
tered into during the quarter by the Secretary, the Govern-
ment National Mortgage Association, and the Office of Fed-
eral Housing Enterprise Oversight (or by any officer of the
Department of Housing and Urban Development, the Gov-
ernment 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 re-
sponsibilities of the parties to the contract.
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SEC. 324. SECTION 8 NOTICE PROVISION.—Section
8(c)(9) of the United States Housing Act of 1937 is amend-
ed by striking out ‘‘Not less than one year prior to termi-
nating any contract’’ and inserting in lieu thereof the fol-
lowing: ‘‘Not less than 120 days prior to terminating any
contract’’.
SEC. 325. The Secretary of Health and Human Serv-
ices shall—
(1) make available under section 2604(g) of the
Low-Income Home Energy Assistance Act of 1981 (42
U.S.C. 8623(g)), $45,000,000 in assistance described
in such Act to victims of flooding and other natural
disasters for the fiscal year 1997; and
(2) make the assistance available from funds ap-
propriated to carry out such Act prior to the date of
enactment of this section.
SEC. 326. The funds appropriated in Public Law 104–
204 to the Environmental Protection Agency under the
State and Tribal Assistance Grants Account 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.
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SEC. 327. After the period for filing claims pursuant
to the Uniform Relocation Act is closed, and from amounts
previously appropriated for the Center for Ecology Research
and Training (CERT), the Environmental Protection
Agency (EPA) shall obligate the maximum amount of funds
necessary to settle all outstanding CERT-related claims
against it. To the extent that unobligated balances remain
from such amounts previously appropriated, EPA is au-
thorized beginning in fiscal year 1997 to make grants of
such funds to the city of Bay City, Michigan, for the pur-
pose of EPA-approved environmental remediation and re-
habilitation of publicly owned real property included in the
boundaries of the CERT project.
SEC. 328. None of the funds made available in the For-
eign Operations, Export Financing, and Related Programs,
1997 (as contained in Public Law 104–208) may be made
available for assistance to Uruguay unless the Secretary of
State certifies to the Committees on Appropriations that all
cases involving seizure of United States business assets have
been resolved.
SEC. 329. EXPANDING SMALL BUSINESS PARTICIPA-
TION IN DREDGING.—Section 722(a) of the Small Business
Competitiveness Demonstration Program Act of 1988 (15
U.S.C. 644 note) is amended by striking ‘‘September 30,
1996’’ and inserting ‘‘September 30, 1997’’.
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SEC. 330. COLLECTION AND DISSEMINATION OF INFORMA-
TION 
ON 
PRICES 
RECEIVED 
FOR 
BULK
CHEESE.
(a) IN GENERAL.—Not later than 30 days after the
date of enactment of this Act, the Secretary of Agriculture
shall collect and disseminate, on a weekly basis, statistically
reliable information, obtained from cheese manufacturing
areas in the United States on prices received and terms of
trade involving bulk cheese, including information on the
national average price for bulk cheese sold through spot and
forward contract transactions. To the maximum extent
practicable, the Secretary shall report the prices and terms
of trade for spot and forward contract transactions sepa-
rately.
(b) CONFIDENTIALITY.—All information provided to,
or acquired by, the Secretary under subsection (a) shall be
kept confidential by each officer and employee of the De-
partment of Agriculture except that general weekly state-
ments may be issued that are based on the information and
that do not identify the information provided by any per-
son.
(c) REPORT.—Not later than 150 days after the date
of enactment of this Act, the Secretary shall report to the
Committee on Agriculture, and the Committee on Appro-
priations, of the House of Representatives and the Commit-
tee on Agriculture, Nutrition, and Forestry, and the Com-
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mittee on Appropriations, of the Senate, on the rate of re-
porting compliance by cheese manufacturers with respect to
the information collected under subsection (a). At the time
of the report, the Secretary may submit legislative rec-
ommendations to improve the rate of reporting compliance.
(d) TERMINATION OF EFFECTIVENESS.—The authority
provided by subsection (a) terminates effective April 5,
1999.
SEC. 331. The first sentence of section 542(c)(4) of the
Housing and Community Development Act of 1992 is
amended by striking 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. 332. Section 45301(b)(1)(A) of title 49, United
States Code, is amended by inserting before the semicolon
‘‘and at least $50,000,000 in fiscal year 1998 and every
year thereafter’’.
SEC. 333. MICHAEL GILLICK CHILDHOOD CANCER RE-
SEARCH.
(a) FINDINGS.—Congress finds that—
(1) during the period from 1980 to 1988, Ocean
County, New Jersey, had a significantly higher rate
of childhood cancer than the rest of the United States,
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including a rate of brain and central nervous system
cancer that was nearly 70 percent above the rate of
other States;
(2) during the period from 1979 to 1991—
(A) there were 230 cases of childhood cancer
in Ocean County, of which 56 cases were in
Dover Township, and of those 14 were in Toms
River alone;
(B) the rate of brain and central nervous
system cancer of children under 20 in Toms
River was 3 times higher than expected, and
among children under 5 was 7 times higher than
expected; and
(C) Dover Township, which would have had
a nearly normal cancer rate if Toms River was
excluded, had a 49 percent higher cancer rate
than the rest of the State and an 80 percent
higher leukemia rate than the rest of the State;
and
(3)(A) according to New Jersey State averages, a
population the size of Toms River should have 1.6
children under age 19 with cancer; and
(B) Toms River currently has 5 children under
the age of 19 with cancer.
(b) STUDY.—
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(1) IN
GENERAL.—The Administrator of the
Agency for Toxic Substances and Disease Registry
shall conduct dose-reconstruction modeling and an ep-
idemiological study of childhood cancer in Dover
Township, New Jersey, which may also include the
high incidence of neuroblastomas in Ocean County,
New Jersey.
(2) GRANT TO NEW JERSEY.—The Administrator
may make 1 or more grants to the State of New Jer-
sey to carry out paragraph (1).
(c) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out this Act
$6,000,000 for fiscal years 1998 through 2000.
SEC. 334. Section 101 of the Marine Mammal Protec-
tion Act of 1972 (16 U.S.C. 1371) is amended by adding
at the end thereof the following:
‘‘(d) GOOD SAMARITAN EXEMPTION.—It shall not be
a violation of this Act to take a marine mammal if—
‘‘(1) such taking is imminently necessary to
avoid serious injury, additional injury, or death to a
marine mammal entangled in fishing gear or debris;
‘‘(2) reasonable care is taken to ensure the safe
release of the marine mammal, taking into consider-
ation the equipment, expertise, and conditions at
hand;
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‘‘(3) reasonable care is exercised to prevent any
further injury to the marine mammal; and
‘‘(4) such taking is reported to the Secretary
within 48 hours.’’.
SEC. 335. EMERGENCY USE OF CHILD CARE FUNDS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, during the period beginning on April 30, 1997,
an ending on July 30, 1997, the Governors of the States
described in paragraph (1) of subsection (b) may, subject
to subsection (c), use amounts received for the provision of
child care assistance or services under the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9801 et
seq.) and under part A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.) to provide emergency child care
services to individuals described in paragraph (2) of sub-
section (b).
(b) ELIGIBILITY.—
(1) OF STATES.—A State described in this para-
graph is a State in which the President, pursuant to
section 401 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121), has
determined that a major disaster exists, or that an
area within the State is determined to be eligible for
disaster relief under other Federal law by reason of
damage related to flooding in 1997.
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(2) OF INDIVIDUALS.—An individual described
in this subsection is an individual who—
(A) resides within any area in which the
President, pursuant to section 401 of the Robert
T. Stafford Disaster Relief and Emergency As-
sistance Act (42 U.S.C. 5121), has determined
that a major disaster exists, or within an area
determined to be eligible for disaster relief under
other Federal law by reason of damage related to
flooding in 1997; and
(B) is involved in unpaid work activities
(including the cleaning, repair, restoration, and
rebuilding of homes, businesses, and schools) re-
sulting from the flood emergency described in
subparagraph (A).
(c) LIMITATIONS.—
(1) REQUIREMENTS.—With respect to assistance
provided to individuals under this section, the qual-
ity, certification and licensure, health and safety,
nondiscrimination, and other requirements applicable
under the Federal programs referred to in subsection
(a) shall apply to child care provided or obtained
under this section.
(2) AMOUNT OF FUNDS.—The total amount uti-
lized by each of the States under subsection (a) dur-
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ing the period referred to in such subsection shall not
exceed the total amount of such assistance that, not-
withstanding the enactment of this section, would oth-
erwise have been expended by each such State in the
affected region during such period.
(d) PRIORITY.—In making assistance available under
this section, the Governors described in subsection (a) shall
give priority to eligible individuals who do not have access
to income, assets, or resources as a direct result of the flood-
ing referred to in subsection (b)(2)(A).
SEC. 336. RELIEF TO AGRICULTURAL PRODUCERS FOR
FLOODING LOSS CAUSED BY DAM ON LAKE
REDROCK, IOWA.
(a) ELIGIBILITY.—To be eligible for assistance under
this section, an agricultural producer must—
(1)(A) be an owner or operator of land who
granted an easement to the Federal Government for
flooding losses to the land caused by water retention
at the dam site at Lake Redrock, Iowa; or
(B) have been an owner or operator of land that
was condemned by the Federal Government because of
flooding of the land caused by water retention at the
dam site at Lake Redrock, Iowa; and
(2) have incurred losses that exceed the estimates
of the Secretary of the Army provided to the producer
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as part of the granting of the easement or as part of
the condemnation.
(b) COMPENSATION.—
(1) IN GENERAL.—Subject to paragraph (2), the
Secretary of the Army shall compensate an eligible
producer described in subsection (a) for flooding losses
to the land of the producer described in subsection
(a)(2) in an amount determined by the Federal Crop
Insurance Corporation.
(2) REDUCTION.—If the Secretary maintains a
water retention rate at the dam site at Lake Redrock,
Iowa, of—
(A) less than 769 feet, the amount of com-
pensation provided to a producer under para-
graph (1) shall be reduced by 10 percent;
(B) not less than 769 feet and not more
than 772 feet, the amount of compensation pro-
vided to a producer under paragraph (1) shall be
reduced by 7 percent; and
(C) more than 772 feet, the amount of com-
pensation provided to a producer under para-
graph (1) shall be reduced by 3 percent.
(c) CROP YEARS.—This section shall apply to flooding
losses to the land of a producer described in subsection
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(a)(2) that are incurred during the 1997 and subsequent
crop years.
TITLE IV—DEPARTMENT OF DEFENSE OFFSETS
DEPARTMENT OF DEFENSE—MILITARY
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–208, $46,000,000 are rescinded.
MILITARY PERSONNEL, NAVY
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–208, $11,000,000 are rescinded.
MILITARY PERSONNEL, MARINE CORPS
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–208, $5,000,000 are rescinded.
MILITARY PERSONNEL, AIR FORCE
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–208, $15,000,000 are rescinded.
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OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, ARMY
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–208, $174,000,000 are rescinded.
OPERATION AND MAINTENANCE, NAVY
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–208, $51,000,000 are rescinded.
OPERATION AND MAINTENANCE, MARINE CORPS
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–208, $17,000,000 are rescinded.
OPERATION AND MAINTENANCE, AIR FORCE
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–208, $117,000,000 are rescinded.
OPERATION AND MAINTENANCE, DEFENSE-WIDE
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–208, $25,000,000 are rescinded.
ENVIRONMENTAL RESTORATION, ARMY
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–208, $250,000 are rescinded.
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ENVIRONMENTAL RESTORATION, NAVY
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–208, $250,000 are rescinded.
ENVIRONMENTAL RESTORATION, AIR FORCE
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–208, $250,000 are rescinded.
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–208, $250,000 are rescinded.
FORMER SOVIET UNION THREAT REDUCTION
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–208, $2,000,000 are rescinded.
PROCUREMENT
AIRCRAFT PROCUREMENT, ARMY
(RESCISSIONS)
Of the funds made available under this heading in
Public Law 103–335, $1,085,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–208, $8,000,000 are rescinded.
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MISSILE PROCUREMENT, ARMY
(RESCISSIONS)
Of the funds made available under this heading in
Public Law 103–335, $2,707,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–208, $71,000,000 are rescinded.
PROCUREMENT OF WEAPONS AND TRACKED COMBAT
VEHICLES, ARMY
(RESCISSIONS)
Of the funds made available under this heading in
Public Law 103–335, $2,296,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–208, $5,000,000 are rescinded.
PROCUREMENT OF AMMUNITION, ARMY
(RESCISSIONS)
Of the funds made available under this heading in
Public Law 103–335, $3,236,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–61, $14,000,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–208, $11,000,000 are rescinded.
OTHER PROCUREMENT, ARMY
(RESCISSIONS)
Of the funds made available under this heading in
Public Law 103–335, $2,502,000 are rescinded.
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Of the funds made available under this heading in
Public Law 104–208, $21,000,000 are rescinded.
AIRCRAFT PROCUREMENT, NAVY
(RESCISSIONS)
Of the funds made available under this heading in
Public Law 103–335, $34,000,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–208, $28,000,000 are rescinded.
WEAPONS PROCUREMENT, NAVY
(RESCISSIONS)
Of the funds made available under this heading in
Public Law 103–335, $16,000,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–208, $6,000,000 are rescinded.
PROCUREMENT OF AMMUNITION, NAVY AND MARINE
CORPS
(RESCISSIONS)
Of the funds made available under this heading in
Public Law 103–335, $812,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–61, $4,000,000 are rescinded.
SHIPBUILDING AND CONVERSION, NAVY
(RESCISSIONS)
Of the funds made available under this heading in
Public Law 102–396, $10,000,000 are rescinded.
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Of the funds made available under this heading in
Public Law 104–208, $33,000,000 are rescinded.
OTHER PROCUREMENT, NAVY
(RESCISSIONS)
Of the funds made available under this heading in
Public Law 103–335, $4,237,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–61, $3,000,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–208, $8,000,000 are rescinded.
PROCUREMENT, MARINE CORPS
(RESCISSIONS)
Of the funds made available under this heading in
Public Law 103–335, $1,207,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–61, $4,000,000 are rescinded.
AIRCRAFT PROCUREMENT, AIR FORCE
(RESCISSIONS)
Of the funds made available under this heading in
Public Law 103–335, $33,650,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–61, $40,000,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–208, $41,000,000 are rescinded.
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MISSILE PROCUREMENT, AIR FORCE
(RESCISSIONS)
Of the funds made available under this heading in
Public Law 103–335, $7,195,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–208, $186,000,000 are rescinded.
OTHER PROCUREMENT, AIR FORCE
(RESCISSIONS)
Of the funds made available under this heading in
Public Law 103–335, $3,659,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–61, $10,000,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–208, $7,000,000 are rescinded.
PROCUREMENT, DEFENSE-WIDE
(RESCISSIONS)
Of the funds made available under this heading in
Public Law 103–335, $4,860,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–208, $5,000,000 are rescinded.
NATIONAL GUARD AND RESERVE EQUIPMENT
(RESCISSION)
Of the funds made available under this heading in
Public Law 103–335, $5,029,000 are rescinded.
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RESEARCH, DEVELOPMENT, TEST AND
EVALUATION
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY
(RESCISSIONS)
Of the funds made available under this heading in
Public Law 104–61, $4,366,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–208, $10,000,000 are rescinded.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY
(RESCISSIONS)
Of the funds made available under this heading in
Public Law 104–61, $14,978,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–208, $21,000,000 are rescinded.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR
FORCE
(RESCISSIONS)
Of the funds made available under this heading in
Public Law 104–61, $28,396,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–208, $122,000,000 are rescinded.
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RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
DEFENSE-WIDE
(RESCISSIONS)
Of the funds made available under this heading in
Public Law 104–61, $81,090,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–208, $95,000,000 are rescinded.
DEVELOPMENTAL TEST AND EVALUATION, DEFENSE
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–61, $890,000 are rescinded.
OPERATIONAL TEST AND EVALUATION, DEFENSE
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–61, $160,000 are rescinded.
REVOLVING AND MANAGEMENT FUNDS
NATIONAL DEFENSE SEALIFT FUND
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–208, $35,000,000 are rescinded.
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OTHER DEPARTMENT OF DEFENSE PROGRAMS
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,
DEFENSE
(RESCISSIONS)
Of the funds made available under this heading in
Public Law 103–335, $456,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–61, $20,652,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–208, $27,000,000 are rescinded.
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
DEFENSE
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–208, $2,000,000 are rescinded.
GENERAL PROVISIONS
(RESCISSIONS)
SEC. 401. Of the funds appropriated in the Military
Construction Appropriations Act, 1996 (Public Law 104–
32), amounts are hereby rescinded from the following ac-
counts in the specified amounts:
‘‘Military Construction, Air Force Reserve’’,
$5,000,000;
‘‘Military 
Construction, 
Defense-wide’’,
$41,000,000;
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‘‘Base Realignment and Closure Account, Part
II’’, $35,391,000;
‘‘Base Realignment and Closure Account, Part
III’’, $75,638,000;
‘‘Base Realignment and Closure Account, Part
IV’’, $22,971,000:
Provided, That of the funds appropriated in the Military
Construction Appropriations Act, 1997 (Public Law 104–
196), amounts are hereby rescinded from the following ac-
counts in the specified amounts:
‘‘Military Construction, Army’’, $1,000,000;
‘‘Military Construction, Navy’’, $2,000,000;
‘‘Military Construction, Air Force’’, $3,000,000;
‘‘Military 
Construction, 
Defense-wide’’,
$49,000,000.
SEC. 402. Notwithstanding 31 U.S.C. 1502(a) and 31
U.S.C. 1553(a), funds appropriated in Public Law 101–
511, Public Law 102–396, and Public Law 103–139, under
the heading ‘‘Weapons Procurement, Navy’’, that were obli-
gated and expended to settle claims on the MK–50 torpedo
program may continue to be obligated and expended to set-
tle those claims.
SEC. 403. None of the funds available to the Depart-
ment of Defense in this or any other Act shall be available
to pay the cost of operating a National Missile Defense
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Joint Program Office which includes more than 55 military
and civilian personnel located in the National Capital Re-
gion.
SEC. 404. Funds obligated by the National Aeronautics
and Space Administration (NASA) in the amount of
$76,900,000 during fiscal years 1994 and 1995, and in the
amount of $61,300,000 during fiscal year 1996, pursuant
to the ‘‘Memorandum of Agreement between the National
Aeronautics and Space Administration and the United
States Air Force on Titan IV/Centaur Launch Support for
the Cassini Mission,’’ signed September 8, 1994, and Sep-
tember 23, 1994, and Attachment A, B, and C to that
Memorandum, shall be merged with Air Force appropria-
tions available for research, development, test and evalua-
tion and procurement for fiscal years 1994, 1995 and 1996,
and shall be available for the same time period as the ap-
propriation with which merged, and shall be available for
obligation only for those Titan IV vehicles and Titan IV-
related activities under contract.
(RESCISSION)
SEC. 405. Of the funds appropriated for ‘‘Military
Construction, 
Navy’’ 
under 
Public 
Law 
103–307,
$6,480,000 is hereby rescinded.
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TITLE V—OTHER OFFSETS
CHAPTER 1
SUBCOMMITTEE ON COMMERCE, JUSTICE, AND
STATE, 
THE 
JUDICIARY, 
AND 
RELATED
AGENCIES
DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
WORKING CAPITAL FUND
(RESCISSION)
Of the available unobligated balances under this head-
ing, $6,400,000 are rescinded.
CHAPTER 2
SUBCOMMITTEE ON INTERIOR AND RELATED
AGENCIES
DEPARTMENT OF ENERGY
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: Provided, That funds made available in pre-
vious appropriations Acts shall be available for any ongo-
ing project regardless of the separate request for proposal
under which the project was selected.
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STRATEGIC PETROLEUM RESERVE
(RESCISSION)
Of the funds made available under this heading in pre-
vious appropriations Acts, $11,000,000 are rescinded.
CHAPTER 3
SUBCOMMITTEE ON TRANSPORTATION AND
RELATED AGENCIES
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 section
14 of Public Law 91–258 as amended, $778,000,000 are
rescinded.
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
HIGHWAY TRAFFIC SAFETY GRANTS
(HIGHWAY TRUST FUND)
(RESCISSION OF CONTRACT AUTHORIZATION)
Of the available balances of contract authority under
this heading, $10,600,000 are rescinded.
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FEDERAL TRANSIT ADMINISTRATION
TRUST FUND SHARE OF EXPENSES
(HIGHWAY TRUST FUND)
(RESCISSION OF CONTRACT AUTHORIZATION)
Of the available balances of contract authority under
this heading, $271,000,000 are rescinded.
DISCRETIONARY GRANTS
(HIGHWAY TRUST FUND)
(RESCISSION OF CONTRACT AUTHORIZATION)
Of the available balances of contract authority under
this heading, for fixed guideway modernization and bus ac-
tivities under 49 U.S.C. 5309(m)(A) and (C), $588,000,000
are rescinded.
CHAPTER 4
SUBCOMMITTEE ON TREASURY AND GENERAL
GOVERNMENT
INDEPENDENT AGENCY
GENERAL SERVICES ADMINISTRATION
EXPENSES, PRESIDENTIAL TRANSITION
(RESCISSION)
Of the amounts made available under this heading in
Public Law 104–208, $5,600,000 are rescinded.
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CHAPTER 5
SUBCOMMITTEE ON VA, HUD, AND INDEPENDENT
AGENCIES
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
HOUSING PROGRAMS
ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING
(INCLUDING RESCISSION)
Of the amounts recaptured under this heading during
fiscal year 1997 and prior years, $3,650,000,000 are re-
scinded: Provided, That the Secretary of Housing and
Urban Development shall recapture at least $5,800,000,000
in amounts heretofore maintained as section 8 reserves
made available to housing agencies for tenant-based assist-
ance under the section 8 existing housing certificate and
housing voucher programs: Provided further, That all addi-
tional section 8 reserve funds of an amount not less than
$2,150,000,000 and any recaptures (other than funds al-
ready designated for other uses) specified in section 214 of
Public Law 104–204 shall be preserved under the head
‘‘Section 8 Reserve Preservation Account’’ for use in extend-
ing section 8 contracts expiring in fiscal year 1998 and
thereafter: 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 the amount of any and all program funds admin-
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istered by the Department and report on this audit no later
than May 1, 1998.
FEDERAL HOUSING ADMINISTRATION
FHA—GENERAL AND SPECIAL RISK PROGRAM ACCOUNT
(RESCISSION)
Of the amounts of negative credit subsidy from the sale
of mortgage notes provided for under the fourth proviso
under this head in Public Law 104–134, $85,000,000 is re-
scinded.
INDEPENDENT AGENCIES
FEDERAL EMERGENCY MANAGEMENT AGENCY
SALARIES AND EXPENSES
(RESCISSION)
Of the funds made available under this heading in
Public Law 102–368, $5,000,000 are rescinded.
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 communications, $4,200,000 are rescinded.
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CHAPTER 6
SUBCOMMITTEE ON AGRICULTURE, RURAL
DEVELOPMENT, AND RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
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
employees of the Department of Agriculture to carry out
a combined program for export credit guarantees, supplier
credit guarantees, and emerging democracies facilities guar-
antees 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
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and/or 
commodities 
under 
such 
program 
exceeds
$50,000,000.
CHAPTER 7
SUBCOMMITTEE ON ENERGY AND WATER
DEVELOPMENT
DEPARTMENT OF DEFENSE—CIVIL
CORPS OF ENGINEERS—CIVIL
CONSTRUCTION, GENERAL
Of the amounts provided under this heading, including
amounts provided to specific projects, in Public Law 104–
206, and any other available balances under this heading,
$30,000,000 are permanently canceled.
TITLE VI—SUPPLEMENTAL SECURITY INCOME
AMENDMENT
SEC. 601. EXTENSION OF SSI REDETERMINATION PROVI-
SIONS.
(a) IN GENERAL.—Section 402(a)(2)(D) of the Per-
sonal Responsibility and Work Opportunity Reconciliation
Act of 1996 (8 U.S.C. 1612(a)(2)(D)) is amended—
(1) in clause (i)—
(A) in subclause (I), by striking ‘‘the date
which is 1 year after such date of enactment’’
and inserting in lieu thereof ‘‘September 30,
1997’’; and
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(B) in subclause (III), by striking ‘‘the date
of the redetermination with respect to such indi-
vidual’’ and inserting in lieu thereof ‘‘September
30, 1997’’.
(b) EFFECTIVE DATE.—Subsection (a) takes effect as
if included in the enactment of section 402 of the Personal
Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. 1612).
TITLE VII—GOVERNMENT SHUTDOWN
PREVENTION ACT
SEC. 701. SHORT TITLE.
This title may be cited as the ‘‘Government Shutdown
Prevention Act’’.
SEC. 702. CONTINUING FUNDING.
(a) IN GENERAL.—If any regular appropriation bill
for fiscal year 1998 does not become law prior to the begin-
ning of fiscal year 1998 or a joint resolution making con-
tinuing appropriations is not in effect, there is appro-
priated, out of any moneys in the Treasury not otherwise
appropriated, and out of applicable corporate or other reve-
nues, receipts, and funds, such sums as may be necessary
to continue any program, project, or activity for which
funds were provided in fiscal year 1997.
(b) LEVEL OF FUNDING.—Appropriations and funds
made available, and authority granted, for a program,
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project, or activity for fiscal year 1998 pursuant to this
title shall be at 100 per cent of the rate of operations that
was provided for the program, project, or activity in fiscal
year 1997 in the corresponding regular appropriation Act
for fiscal year 1997.
(c) PERIOD OF AVAILABILITY.—Appropriations and
funds made available, and authority granted, for fiscal year
1998 pursuant to this title for a program, project, or activ-
ity shall be available for the period beginning with the first
day of a lapse in appropriations and ending with the ear-
lier of—
(1) the date on which the applicable regular ap-
propriation bill for fiscal year 1998 becomes law
(whether or not that law provides for that program,
project, or activity) or a continuing resolution mak-
ing appropriations becomes law, as the case may be;
or
(2) the last day of fiscal year 1998.
SEC. 703. TERMS AND CONDITIONS.
(a) IN GENERAL.—An appropriation of funds made
available, or authority granted, for a program, project, or
activity for fiscal year 1998 pursuant to this title shall be
made available to the extent and in the manner which
would be provided by the pertinent appropriations Act for
fiscal year 1997, including all of the terms and conditions
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and the apportionment schedule imposed with respect to the
appropriation made or funds made available for fiscal year
1997 or authority granted for the program, project, or ac-
tivity under current law.
(b) EXTENT AND MANNER.—Appropriations made by
this title shall be available to the extent and in the manner
which would be provided by the pertinent appropriations
Act.
SEC. 704. COVERAGE.
Appropriations and funds made available, and author-
ity granted, for any program, project, or activity for fiscal
year 1998 pursuant to this title shall cover all obligations
or expenditures incurred for that program, project, or activ-
ity during the portion of fiscal year 1998 for which this
title applies to that program, project, or activity.
SEC. 705. EXPENDITURES.
Expenditures made for a program, project, or activity
for fiscal year 1998 pursuant to this title shall be charged
to the applicable appropriation, fund, or authorization
whenever a regular appropriation bill or a joint resolution
making continuing appropriations until the end of fiscal
year 1998 providing for that program, project, or activity
for that period becomes law.
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SEC. 706. INITIATING OR RESUMING A PROGRAM, PROJECT,
OR ACTIVITY.
No appropriation or funds made available or author-
ity granted pursuant to this title shall be used to initiate
or resume any program, project, or activity for which ap-
propriations, funds, or other authority were not available
during fiscal year 1997.
SEC. 707. PROTECTION OF OTHER OBLIGATIONS.
Nothing in this title shall be construed to effect Govern-
ment obligations mandated by other law, including obliga-
tions with respect to Social Security, Medicare, Medicaid,
and veterans benefits.
SEC. 708. DEFINITION.
In this title, the term ‘‘regular appropriation bill’’
means any annual appropriation bill making appropria-
tions, otherwise making funds available, or granting au-
thority, for any of the following categories of programs,
projects, and activities:
(1) Agriculture, rural development, and related
agencies programs.
(2) The Departments of Commerce, Justice, and
State, the judiciary, and related agencies.
(3) The Department of Defense.
(4) The government of the District of Columbia
and other activities chargeable in whole or in part
against the revenues of the District.